CHAPTER FOUR

STATE, GOVERNMENT AND CITIZENSHIP

4.2. Understanding State

State is an institution through which the dynamics of politics is organized and formalized.
Regarding the nature of the state, sometimes it is considered as the expression of society, at other
times it has been excoriated as a vicious parasite riding on the shoulder of society. Historically
political thinkers attempted to discover the nature of the state and its legitimacy.
Focus:
The state is a political association or entity that establishes sovereign jurisdiction within a
defined territorial borders and exercise authority through a set of institutions overall the members
of society. Put it differently, the state is a political unit that has the highest (Ultimate)
sovereignty and responsibility for the conduct of its own affairs internally as well as externally
being with in a defined territorial borders over the members of a society through a set of
institutions and organizations.
Therefore, the most appropriate definition of the state is that state is a community of persons
more or less numerous, permanently occupying a definite portion of territory, independent or
nearly so of external control, and possessing an organized government to which the great body of
inhabitants render habitual obedience.

4.2.1. The Origin and Development of the State

Brainstorming:
1. What do you know about the origin of state? Is the development of state achieved
gradually or overnight?

The subject of the origin of the state is subjected to mystery. We don’t know exactly the source
and time of its origin. We may trace some impressions from the records of archeology and
anthropology to have a glimpse in to the dim past of human history. And in addition to that, we
may also collect information from records of ancient history and sociology to substantiate some

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of the impression. But it is certain that all these are not sufficient to offer a logical explanation of
the origin of the state. So we should depend on some philosophical explanation in order to
speculate the origin of the state from its primitive to its present form.
The emergence of state is linked with a certain level of development of human society.
Obviously, since that level of development, human society has maintained an organized
existence. In this regard, various historical, archeological and anthropological studies indicate the
existence of organized societies since the beginning of human history, at least in their
rudimentary forms. Such rudimentary societies include the family, the clan, the tribe, etc.
These crude forms of organizations of antiquity had several similar features and roles with that
of the states of modern times. However, it should be noted that the exact nature of the origin of
the state is not yet precisely known and continues to be a subject for scholarly discussions and
debate.
Nevertheless, there is a broader consensus among scholars that advanced civilizations, with their
resultant political origin in the human society, can be traced back to the ancient eastern
civilizations as far back as 5000 B.C. During that time, large- scale political organizations and
state systems, for which there are recorded histories, developed particularly in the Tigris,
Euphrates and Nile valleys and later in valleys of the great rivers of China. The emergence of the
organized societies in these areas was because of the importance of the great rivers valleys that
facilitate crop cultivation and production in those times. In effect, the transition of human society
in to the process of crop cultivation and production is a significant step wards civilization and the
rise politically organized human society. The argument is therefore, that the rise of agricultural
mode of economy in the great river basins encouraged permanent settlement of people thereby
leading to the creation of states.
There are also historical records in the western civilizations that indicate the embryonic
foundations of modern state and the principles of politics. This is particularly true to the ancient
Greeks where city –states (polis), as they were called in Greek, developed and operated on
narrowly based democratic principles. However, the political system of the ancient Greeks was
constantly nourished by the varieties of ideas of the Greek philosophers. One of the prominent
figures of ancient Greek philosophers was Aristotle whose work contributed much to the
development of the ideas and practices of modern state system.

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As there are many places where emerged, there are also many contending theories that try to
explain the origin and development of the state that may be discussed here.
I. The Divine Right Theory
This theory claims the state to be of a divine creation. In this sense, the state is created by God
not only in the general sense in which everything that exists is said to be the creation of the
divine will but also in a special sense of a deliberate, direct, specific act of creation with a
particular end in view – the peace on this earth for the preservation of human being. Thus, the
state is seen as an institution created by God, and rulers were regarded as God’s own
representatives or agents on earth.
That is, it is of God’s will that in human society some are born to rule while other are born to be
ruled. Furthermore, the theory asserts that the social order, in which the position of the individual
is determined hierarchically on the basis of birth or hereditary succession was God given and
thus it is legitimate and unchangeable. This theory served as justification for the power of the
feudal emperors of Europe during the middle ages and in other areas where feudalism
predominated. This theory however, neglects the historical fact that the reality of politics and
state structure are not only the results of everyday human interactions and relations but also
highly dynamic. As a result, this theory has lost its significance in modern times. With the
advancement of education the people have discarded the theory and adapt others.
II. The Genetic Theory
While divine right theory is a matter of faith or religious form, the genetic theory is based on
sociological facts. Here the argument is that state is an eventual extension of the family. The first
group of collective human life is the family or the house hold, the last is the state. The earliest
advocator of this theory is Aristotle in whose view – a society of many families is called a
village, and a village is most naturally composed the descendents of one family, the children and
the children’s for which reason states were originally governed by kings,… and when many
villages so entirely join themselves together as in every respect to form but one society, that
society is state. Certain it is that family is the first unit of social development. Historians of
ancient law and early institutions have sought to study the subject of family, its composition,
residence of authority in the family and its growth in to the clan or tribe and eventually in to the
state.

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If viewed from the stand point of sociology, the genetic theory on the origin of state makes
sense. It is not hypothetical like the theory of divine right. But the point of criticism is that it
stands on social rather than political hypothesis. The whole attempt is to demonstrate the
process- first of household, and then elder male ruled family, then a tribe of persons of this
family descent and finally the state.
III. The Force Theory
According to the force theory –the state is neither a creation of God, nor a result of the
irresistible social development. It is primarily the consequence of the forcible subjugation
through long continued warfare among primitive groups. That means the state is the result of
wars and conflicts that have been endemic in the history of human beings. From the very
beginning of human history there has always been a struggle among different social groups to
achieve economic advantages resulting in the ascendancy of some over others. Ultimately, these
wars of conquest resulted in the occupation of more and more territories and led to the rise of
states.
Hence, by this theory-, the state is primarily seen as an entity created by the use of physical;
force. In other words, the state is created through a process of conquest and coercion of the weak
by the strong. Hence military power and physical strength of a society is considered as to be of
great importance for the creation and consolidation of the state. The force theory has its own
weakness. Force may be one of the factors but it cannot be treated as the only factor in the origin
of state, military power and physical force alone cannot explain the complex phenomenon of
political systems for mere force cannot maintain lasting relations between the rulers and the
ruled.

IV. The Social Contract Theory

The social contract theory holds that the state is an artificial creation based on voluntary
agreement or contract among people. The theory was originated and developed in the 16th, 17th,
and 18th centuries. Its starting point is a hypothetical State of nature or a condition that
prevailed before the creation of the state. According to Hobbes, one of the advocators of this
theory, the state of nature is a very horrible condition in which man is the enemy of man. Man
being a selfish, egoistic, brutal and aggressive creature is free to defend himself either by running
away from the scene or by killing his enemy singly or in group with others. There is nothing like
peace, security, order, property, justice etc and anything what we find now in a state. There is all

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but fear and danger of a violent death in the state of nature. The law of nature (commonsense)
informs man to be in competition with others and so invade others for some gain and other evil
things. In short, life of man is solitary, nasty, poor, brutish and short. So to terminate the state of
nature, contract is made by the people. Hobbes argue, law of nature informs the people to
surrender their all natural rights in favor of a man (assembly of man) as the price for living in an
institution that ensures them liberty, property, and the entire of a good life. By such contract
society, state and government came in to being; a ‘common power’ is instituted that would keep
all in awe and ensure security of their life and possessions. It shows that each individual agreed
with all the others to surrender his right to govern himself, to some particular man or assembly.
By doing this they established the state. Social contract in this way is the instrument that
substitutes the state of nature with a civil (political) society.
In sharp contrast to the divine right theory, it developed its argument from the doctrine of
popular sovereignty. Thus, according to this theory, since the state is established by the consent
of the people, its main purpose is to protect and safeguard people’s inalienable rights such as the
right to life, liberty and property.
The social contract theory was further developed in the age of revolution in the fight against the
rule of absolute monarchies. This theory advocated popular sovereignty, limited government and
individual rights.
V. The Marxist Theory
Like other theories on the subject of the state, this theory takes into account one factor, the fact
of class contradictions. According to this theory, there was no state in the most primitive stage of
social life as there were no contending classes. The state arose as a matter of necessity when
society was divided into two hostile classes, each having its own interest. The origin of state,
therefore, should be treated in the fact of class antagonisms. With the invention of agriculture
and creation of private property, the dominant class came in to being by virtue of being the
owner of the means of production. It required some authority (the state) to protect its interests
that lay in the exploration and oppression of the class having no ownership of the means of
production. Simply it means, primitive society that had no private property and no class had no
state either. Naturally, there were certain social functions, but they were performed by men
chosen by all members of society, which had the right to dismiss these people at any time and to
appoint others. In those primitive times relation between people were regulated by public

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opinion. The further development of the productive forces led to the disintegration of primitive
society. Private property appeared, accompanied by classes-slaves and slave owners. It becomes
necessary to protect private property, the rule and security of its owners, and this brought the
state into being. Therefore, the state is the product of class contradiction. Thus, state is not
something introduced into society from the outside, but it is a product of societies internal
developed.
The essence of the whole argument is that the state had not always existed and it may not always
exist. It had come into being with the rise of class contradictions, so it will wither away (die out)
with the end of class antagonisms. Thus, the proponents of the Marxist theory believe that with
the historical process of disappearance of private property and antagonistic social classes, the
state will be disappeared. Consequently, communism an envisioned social system, where
everybody will be equal and all have whatever they want, would prevail.

Although its proponents and followers struggled hard to realize the visions of communism for
almost two centuries, neither equality for all nor fulfillment of wants has been materialized. On
the contrary, in recent years, the political system, which established on the visions of
communism, have crumbled one after another.

4.2.2. Essential Elements of the State

Class work:
1. List the different elements of a state? Explain each of them in detail.

The state is essentially characterized by the following five attributes: population, defined
territory, government, sovereignty and recognition.
1. Population: Since state is a human association, the first essential element that constitutes a
state is the people who are residing (living) with in a certain defined area. No minimum number
is required to constitute the population of a state. How much people constitute state? No exact
answer can be given to such a question. We have states with a population of about 1.3. Billion as
China and few thousand population number like San Marino. In this direction, we may
appreciate the view of Aristotle that the population of a state should neither be so large that

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administration may be a problem nor so small that the people may not lead a life of peace and
stability.

Another question that arises at this stage is whether the population of a state should be
homogenous or not. It is good that the population of a state is homogenous, because it makes the
task of national integration easy. However, in a multi-cultural state, societies have a population
marked by diversity in respects of race, religion, language, culture etc.
2. Defined Territory: this refers to the internationally accepted demarcated geographical
boundary that includes the land, water, airspace and other natural resources. Territory is the
second most essential attribute of modern statehood, i.e. definite portions of the earth’s surface
marked off from the portions occupied by population of other states.
3. Government: Government is the soul and brain of the state. It implements the will of the
community. It protects the people against conditions of insecurity. If state is regarded as the first
condition of a civilized life, it is due to the existence of a government that maintains law and
order and makes ‘good life’ possible. The government is the machinery that terminates the
condition of anarchy. Government is the administrative wing of the state.
4. Sovereignty: is power over the people of an area unrestrained (unfettered) by laws originating
outside the area or independence completely free of direct external control. It means the state is
the final and ultimate source of all laws with its territorial jurisdiction.
As already pointed out, sovereignty is the attribute of a state. It is a creation of modern times. It
is that highest power of the state that distinguishes it from all other associations of human beings.
It has two aspects –internal and external.
A. Internal sovereignty: refers to a state’s government – not those of any other states
deciding how it will manage its domestic affairs, problems, and formulates its own laws
and rules. In other words, it means that inside the state there can be no other authority
that may claim equality with it.
B. External sovereignty: In the external sphere, it implies that the country should be free
from foreign control of any kind and its right to define its interests and decides what its
objectives are to be, the priorities among these objectives. It is, however, a different
matter that a state willingly accepts some international obligations in the form of
membership of the League of Nations or of the United Nations. The existence of

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 sovereign authority appears in the form of law. It is for this reason that the law of the
state is binding on all and its violation is visited with suitable punishment.
It is universally admitted that a sovereign state is legally competent to issue any command,
which is binding on all citizens and their association

5. Recognition: - for a political unit to be accepted as a state with an “international personality” of

its own, it must be recognized as such by a significant portion of the international community.

It follows that a state, has five essential elements. As such, a proper definition of this term should
include its physical and spiritual elements. It is also required that all the five elements should be
studied in the order given above. Therefore, the most appropriate definition of the state is that
state is a community of persons more or less numerous, permanently occupying a definite
portion of territory, independent or nearly so of external control, and possessing an organized
government to which the great body of inhabitants render habitual obedience.

4.2.3. Forms of State Structure

The classification about the forms of state is related with structure and distribution of state
power. In history, commonly practiced forms of state are unitary and federal forms of state.

Brainstorming:
1. How do you explain a unitary form of state structure? Was our country Ethiopia
following unitary system before EPRDF assuming power?

4.2.3.1. Unitary State Structure

Unitarism is a form of state structure that is characterized by centralization of power and
indivisible sovereignty. The national government is legally supreme over sub-national territorial
bodies or units. In other words, a unitary state is one in which no other governmental body but
the central government has any areas of public that are exclusively under control. In a unitary
state, sub national bodies may be potentially over ruled by the central government in any
political decision they make.
In unitary government, there is only one source of authority whatever local territorial units exist.
Local units are merely agencies of the central government established for its convenience in local
administration. They owe their legal existence to it (their power is increased or diminished or
their legal existence ended). Eg. Britain, the Netherlands, Romania, Poland etc.
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I. Essential Features of Unitary State
Distinctive (principal) features of a unitary form of state structure include the following:
A. Supremacy of the Central Legislature (Parliament). There is only one (unicameral)
kind of legislature, which is invariably (always) absolutely supreme. It is the only body
that enacts and monitors the law. Other bodies (sub-national bodies to implement the
laws) are made by the central legislature/parliament.
B. Absence of Subsidiary Sovereign Bodies Sovereignty is vested in the national /central
government and hence sub national bodies are not sovereign because sovereignty in
unitary form of state structure is indivisible. But subsidiary legislatures can exist when
represented by the central government. However it can be ruined by the central
government at any time.
C. Re-Centralization of Power at the Will of the National/Central Government
Unilaterally. This is to mean that power that may have been decentralized to sub-
national bodies can be re-centralized at the will of the central government unilaterally.
D. Unchecked Centralization of Power at the Center i.e. Sub national bodies (regional,
provincial and local bodies) can be reshaped, reorganized and even abolished at will of
the central government.
In the modern world, there are factors that inhibit centralized law making processes. These are: -
i. Complexity of political, economic, and social conditions within the confines of the state
and at the international level.
ii. Increased population size, and territory (internal demarcation)
iii. Topography of the country
iv. Population settlement
v. People's history, language, culture and psychological make-up etc.
A majority of states in the world are unitary systems. But there are great differences among these
unitary states in the institutions and procedures through which their central government interact
with their territorial subunits. Unitary government does not necessarily mean highly centralized
government. Sub-national units can be granted some kind of autonomy by national government,
which has the legal authority to take it back at any time it wishes. The degree of local autonomy
varies from state to state; for example: in Britain (United Kingdom) the statutes of parliament

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(laws made by the parliament) have created local governments so that local people may manage
their local affairs. The actions of local councils are not interfered unless they overstep the legal
boundary. In France, on the other hand, council of departments and communes are subject to
constant detailed supervision by central authority.
Potential Advantages and Disadvantages of unitary form of state
Potential Advantages (merits): -
 The organization is relatively simple
 Conflict of jurisdiction is avoided
 Duplication of civil servants and services are comparatively rare because powers and functions are
centralized at the center /National government.
 Uniformity of law, policy and administration can be maintained through out the whole state.
 It is advantageous to a country with relatively small area and homogenous population. But it is not
good in a country with widely different economic and social interests and with widely different
standards of political conduct.
Potential Disadvantages (demerits): -
 Overburdens the national legislature with numerous local matters. In fast changing world, the central
authority cannot cope with and maintain pace with the issues prevailing.
 Leaves distant authorities and may lack adequate knowledge of local conditions to the
determination of policies and the regulation of matters, which may concern only the localities
affected. Hence, it is relatively less responsible to local needs and interests.
 Tends to be less responsive to local initiatives and interests in public affairs and impairs the
vitality of local government.
 It restrains the self-governance and self –determination of sub national bodies /units.
 It facilitates the development of central bureaucracy.

4.2.3.2 FEDERALLISM: (Federal Form of State Structure)

Class Discussion:
1. What is a federal form of state structure?

Federal form of state structure (federal state) is the form of state where by power is formally
(constitutionally) divided between the federal /National/ central government and Sub-National

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(Regional/or provincial) government, each of which is locally supreme in its own sphere. In
federal state, the legislative authority is divided between a central or federal government and sub
national government.
It is a direct opposite of unitary government. It provides for an actual division of powers
between two or more nearly independent governments each of which exercises control within its
scope of authority, over the same people. Generally federalism is a political union of different
political units (a creation against particularism and centralism).
Federalism is the basis of the political organization of several states of today. It may vary from
place to place and from time to time. The indispensable quality of the federal state is a
distribution of the powers of government between the federal authority and the federating units.
The federal type of constitution has been adopted and is being adopted by a number of nations in
Africa, Asia and Latin America as a response to their often widely diversified linguistic,
territorial and political traditions, e.g. Ethiopia, Nigeria, India, Brazil, USA, Canada, Australia, and
Germany etc.

I. Essential /Principal Features of Federal Form of State

Group Discussion:
1. Enumerate the different Essential /principal features of federal form of state

A. The existence of Dual Polities: two relatively autonomous levels of government i.e. both the
federal /central government and sub national (regional) state levels possess a range of powers
and functions that others cannot encroach.
B. Written constitution: A federal state has a written (codified) constitution. The written
constitution stipulates formal (constitutional) division of authority between the federal
/central government and sub national governments. The responsibilities and powers of each
level of government are defined in a codified or written constitution. Therefore, the
relationship between the federal state and sub national regional states is conducted within a
formal legal framework.
C. Supremacy of federal Government and Constitution: In most states, the federal government
and constitution is superior and supreme over the sub-national government and constitution
in conducting key issues and activities of the country. Federal Authority and federal units

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 have constitution of their own. Though federal units have their own local constitutions, they
are accountable to the federal constitution. The federal constitution contains articles that
stipulate (specify) about power sharing (distribution), rights and duties of the federal
authority and units etc.
D. Equal Power shared by the Federal Authority and Federal Units (Decentralized Federalism) .
This does not mean they have equal power in one affair, rather the reserve powers (power
applied when required but reserve until then) and federal powers are seen equally.
E. Absence of Re-centralization of Powers and Authority by the central/federal government at
its will or unilaterally.
F. Constitutional Arbiter. The formal provisions of the constitution are interpreted by a
supreme court (the judiciary) at the federal level, which there by arbitrates in case of conflict
(disputes) between federal and regional government. In determining, the respective fields of
jurisdiction of each level, the judiciary in a federal level (system) is able to determine.
However, in Ethiopia, it is the House of Federation (HF) that is lodged with the highest
power of interpreting the FDRE constitution.
Independent states may come together by ceding or pooling sovereign powers in certain
domain for the sake of goods otherwise unattainable, such federations are typically arranged
to constrain the center and prevent majorities form overriding a sub –unit. Examples include
the present USA, Switzerland, and Australia.

III. Power Distribution in Federal Form of State

The power distribution in federal form of state is categorized in Exclusive power, concurrent
power and Reserved powers (residuary powers to federal authority and federating units). How do
these power distributions are practiced? Let see the practice of exclusive and concurrent power
distribution in Ethiopia.
1. Exclusive power. Exclusive powers refer to powers not shared powers, only exercised by
federal authority or federal units. Let's take the Ethiopian federal practice as an example.
The following are exclusive powers by the federal authority
 To enact laws and constitutional laws and follows its application
 To keep the country's constitutional system
 Foreign Affairs

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  Defense
 Printing and circulating of money
2. Concurrent powers. This refers to the powers exercised commonly by federal authority and
federal units.
 Social sectors (like education, health, labor and social affairs, culture and information,
civil service)
 Planning
 Transport and communication
 Internal security
 Agriculture, Industry, Trade, Tourism, Finance and Justice ---etc
3. Residual/reserved powers: The powers left without mentioning in the constitution.
Advantages and Potential Disadvantage of federalism

 It is essential to large states

 Combines national unity and local autonomy and the rights of self-government. In modern
political theory and practice, the federal idea is normally linked with democratic institution
and the protection of the individual and minority groups.
 Maintains balance between centrifugal (unifying) and centripetal (integrating) forces in a
sate.
 It stimulates interest in government by leaving the determination of local policy in the hands
of local officers and assemblies who are responsible to local electorate.
 It relives the central legislature and authorities from the necessity of devoting time and
energy to the solution of local problems.
Potential Disadvantages:
 There is duplication of activities and services, which results in expense. It is not always easy
to deal with a specific situation.
 The division of power between the federal units may lead to conflicts of jurisdiction between
national and local officials or a sort of 'no Man's Land" in which neither authority takes
decisive action.

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4.2.4 Confederations
Confederations are voluntary associations of independent states. It is an association of states,
which rests upon the common agreement of its members expressed in an elaborate document.
Confederations are formed for common advantage without affecting internal freedom, structure,
lawmaking and enforcing process, external relations of the state confederating. It differs from an
alliance, in that it has fixed central organ through which the common wills of its members may
be expressed. It also differs from the League (Union) in a greater variety of directives designed
to achieve.
These objectives include external security, promotion of cultural unity, and operation of postal
service.
Historically confederations are often provided to be first of second step toward the establishment
of a national state usually as federal union. The federal form of state in Switzerland, Germany
and USA was preceded by confederations. The common wealth of nations, which was formed in
1972, is an example of confederation born as a result of the decentralization and eventual
disintegration of empire, UK and former British colonies. In contemporary world, there are
modern forms of confederations, but such arrangements are different from the older ones. The
modern arrangements are established around common defense (NATO) Economic alliance
(Common Market of East and Southern Africa - COMESA, European Economic Community
EEC, Economic community of Western African States - ECOWAS), neighborhood alliance
(OAU, Association of south East Asia Nations - ASEAN, Organization of American States -
OAS), Politico-religious alliance (Arab league), community of nations (UNO)
4.3. Understanding Government
Brain Storming:
What do you understand by the term government?

A key part of the state, and such a key part that it is often simply referred to “the state”, is the
government of state. Below are some prominent definitions of government.
❖ Government is the central agency or complex totality of interrelated organizations
exercising over all control over a society of a territorially delimited sub divisions of a

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 society. As such, government is the most essential component and administrative wing of
the state.
❖ Government refers to some particular set of institutions and organs that make laws (the
legislative body), implements public policies (executive body) and law interpreting body
(the judiciary body). As such, a government is a group of people within the state who
have the ultimate authority to act on behalf of the state

4.3.1.2. Purposes and Functions of Government

In a modern state, government functions have greatly expounded with the emergence of
government as the most active force vehicle in political, social, and economic development.
Accordingly, the major purposes and functions of government include the following.

A. Self-preservation: Any government must keep its state from internal and external
threats. That is, order, predictability, internal security and external defense are among the
major functions whether it is democratic or authoritarian
B. Management of Conflict (Supervision and Resolution of Conflict) Governments
usually develops and consolidates institutions and procedures for the management of
conflict. It is obvious that conflict is inevitable and inescapable characterizing human
beings. Therefore, building and effectively applying the institutions for resolving and
managing conflict is an indispensable function for developing and consolidating peace,
security and stability and tranquility.
C. Regulation of the Economy: Government plays the role of regulating the economy like
regulation of policies such as agriculture, industry, transportation, taxes, tariffs, etc.
Moreover, governments usually play role on controlling the distribution of resources in
their societies. Hence, it is the government that determines which resources are to be
publicly controlled and which are to be in private hands.
D. Protection of Political, Human, Social and Economic Rights of its Citizens, especially
those rights enshrined in the constitution of state.
E. Provision of necessary Goods and/or services to the public. Governments, especially in
developing countries like Ethiopia, usually participate in providing necessary goods and
services to its citizens. Such goods and services include: provision of education, health

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 care, development of public works, conservation of natural resources, developing water
supply, electricity, telecommunication, etc to the public.

Government Structure: Horizontal versus Vertical Arrangement

Depending on the complexity of a given power-sharing system, there are competing views on
how decision-making powers should be allocated to different layers of government within a state
and how the state as a whole should be constructed. State powers have been distributed vertically
(on the basis of territory) among and between different layers of government, for example,
between central and local governments in unitary states, or between federal and federated
governments in federations. In addition to such vertical arrangements, government powers are
also distributed horizontally among organs of government found at one-and-the-same level.
Therefore, there are two kinds of government arrangements determined by the constitutional
framework of a given state.

Vertical Arrangement: this kind of government arrangement demonstrates the relationship

between and/or among the territorially disintegrated levels of government namely
central/national government and subsequent sub-national governments known with the name of
regional states, local governments, provincial governments and the like.

The Central/ National Government refer to the levels of government that situated the top of the
governmental structure and the level that controls the overall internal affairs the state. In addition
to that of controlling the overall internal affairs of the state, the central/national government
possesses the power which enables it to inter into strategic alliance with other countries and
multi-national organizations on behalf of the state. Since the power of handling foreign
diplomacy and defense force is in the hand of the central government, it is invariably responsible
for a state’s external relations. Thus, the central/national government functions on behalf of the
state in the international stage.

Moreover, the central government is has the responsibility of solving disagreement in between or
among local governments/regional states. As well, there are some basic reasons that strengthen
the existence of strong central/national government with some absolute powers. The following
are some among the many justifications given in support of this argumentation.

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National Unity: the national government articulates countrywide interests. That is, its focus is
the interest of the nation rather than specific regional/local level interests. For instance, the
Ethiopian federal government worked out to assure national interest is being achieved. The
central government, in general, is decisive in guarding the national unity deal with the common
interest of the entire nation.

Uniformity: the central/national government makes uniform laws and public services to help
people move from one part of country to another.

Equality: Only the central government can rectify inequalities that arise from the fact that the
areas with the greatest social needs are invariably those with the least potential for raising
revenue.

Prosperity: Economic development centralization invariably goes hand in hand. Only central
government, for instance, can manage a single currency, control tax, and spending policies with a
view to ensuring sustainable growth, and if necessary provide an infrastructure in the form of
roads, railways, air ports and so on.

Sub-national government: Although the national/central governments are in somehow strong in

all political systems, there are levels of government found below the uppermost levels of
government. For instance, Regional States, Zonal Governments, Woreda Government, and
Kebelle Administrations are the vertically arranged levels of government consecutively that exist
next to the Ethiopian federal government. Such levels of governments are responsible to the
administration of their respective district’s affairs, but they are subordinate to the central/national
government. These sub-national entities are in fact the basic political organizations for all
political systems of the world. The essential reasons for establishing the sub-national or
regional/local governments include:

Participation: Sub-national governments are certainly more effective than the central
governments in providing opportunities for citizens to participate in the political life of their
community. The benefits of widening the scope of political participation include the fact that it
helps to create a better educated and more informed citizenry.

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Responsiveness: Sub-national institutions are usually ‘closer’ to the people and more sensitive to
their needs. This both strengthens democratic accountability and ensures that government
responds not merely to the overall interests of society, but also to the specific needs of particular
communities.

Legitimacy: Physical distance from the government affects the accessibility or rightness of its
decisions. Decisions made at a local level are more likely to be seen as understandable and
therefore legitimate. In contrast, central government may appear remote, both geographically and
politically.

Liberty: As power tends to be corrupt, centralization of power at the center threatens to turn
government into tyranny against the individual. Thus, decentralization to sub-national bodies
protects liberty by dispersing government power, thereby creating a network of checks and
balances, i.e. sub-national bodies check central government as well as each other.

Horizontal Arrangement: horizontally the powers of a certain level government are divided
among three organs. These are the legislative, the executive and judiciary branches. In Ethiopia,
both the federal government and regional states have these three branches of government.
Basically, each organ has its own distinct roles and responsibilities, the legislature makes law,
the executive enforce and implement laws and the judiciary interprets the law. Now let us see the
major powers and functions of every organ.

The Legislative Branch of Government

In democratic systems, the legislative organ, known in Ethiopia as House of peoples

Representatives, is an assembly directly elected by the people and is responsible for making state
laws. While the legislature is the supreme organ that appoints members of the executive in the
case of parliamentary systems, in presidential form of government it is considered as a power
branch, which is equal to, and independent of the executive/president.

Parliaments/Legislatures differ in a number of respects. For example, their members may be

elected, appointed, even selected by inheritance, or any combination of these methods. When
members are elected, this may be on the basis of population (in the form of equal-size
constituencies), or through regions or states. The franchise may be restricted or universal, and

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various electoral systems may be used. The size of parliaments also varies considerably.
However, the principal structural differences between parliaments are whether they comprise one
chamber or two.

Although the role of legislature varies from state to state and from system to system, in every
case it fulfills a complex of functions. In addition to enacting laws, legislatures usually have
exclusive authority to raise taxes and adopt the budget and other money bills. Consent of the
legislature is also often required to ratify treaties and declare war. (Refer article 55 of the FDRE
constitution to grasp the powers and functions of the legislature/House of Peoples
Representative) Above all, legislature provides a link between government and the people.
Among many others, the principal functions of the legislative branch include:

Statue making/legislation: every legislative has the power to make statues. The concept of
statues making is more accurate to describe what the legislature actually does the law making.

Representation of citizenry: Assemblies/Parliaments play an important representative role in

providing a link between government and the people.

Control of administration/executive organ: The legislative body plays pivotal role in checking
and supervising the administrative organ of government, i.e., the executive branch. The leaders
of the council of ministers (the president in presidential system and prime minister in
parliamentary form) are checked and followed up by the legislative though the degree of follow
up varies. This in turn helps to generate responsible administrative organ.

Constitutional making/ amending: The legislative body of the government can play or have
the function of constitutional making/amending. But, how to undertake the constitutional making
/amending may vary from country to country having various state structures. For example, in a
federal form of state structure, the constitutional amending or modification is usually carried by a
joint agreement between the federal and regional /state government by following a certain set of
procedures.

Electoral and deposing functions: The legislative body plays the function of electing the Prime
minister in a parliamentary form of government. In addition they also play voting on motion of
“no confidence” to reelect and defeat the incumbent prime minister, etc. Added to this is that, in

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a presidential system, the legislative body plays the role of removal the president by the principle
of impeachment.

Financial functions: The legislative body holds the “power of the purse”, i.e., to determine the
nature and amount of taxes and appropriations. It also plays the role budget approval presented
by, for example each ministry. Moreover, government can legally spend only funds appropriated
or approved by it. Therefore, it has the executives and others.

Investigative functions: Most often, legislatives through established “selective committees” are
engaged in digging up information it desires on maters not covered by its “legal standing
committee.” For example, in Ethiopia, the legislative body (the parliament) plays this role by
establishing “commission of inquiry” to investigate to any information and evidences.

The Executive Branch of Government

In its broadest sense, the executive is the branch of government responsible for the
implementation or enforcement of laws and policies made by the legislature. In its coverage, the
executive branch extends from the head of government to the members of enforcement agencies
such as police and the military, and includes both ministers and civil servants. However, more
commonly, the term is now used in a narrower sense to describe the smaller body of decision-
maker who take overall responsibility for the direction and coordination of government policy.

The executive is the irreducible core of government. Political systems can operate without
constitutions, assemblies, judiciaries and even parties, but they cannot survive without an
executive branch to formulate government policy and ensure that it is implemented. This is the
potential power of the executive that much of political development has taken the form of
attempts to check or constrain them, either by forcing them to within a constitutional framework,
or by making them accountable to popular assembly or democratic electorate.

Structural Arrangements: As discussed earlier, the executive is technically the branch of

government that is responsible for the execution or implementation of policy. In practice;

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however, their responsibilities tend to be substantially broader as well as more complex. This
complexity also extends to the composition of executive. Thus, members of the executive have
been categorized in one of two ways. First a distinction is often drawn between the ‘chief
executive’ and the ‘executive’ based on the levels of status and responsibility that have been
identified with in the executive. Second, based on recruitment, responsibility, status and political
orientations, and so on; the executive can also sub-divide between the ‘political’ executive and
the ‘bureaucratic’ executive. This highlights the difference between politicians and civil servants,
and more broadly between politics and administration.

Hierarchically the executive is, commonly, categorized into two, the chief executive and
executive. The chief executive refers to the one individual or small group (such as a president,
prime minister, or ruling junta) at the apex of the executive structure of the political system. The
executive is much broader term, including all the people and organizational machinery that are
below the chief executive in the executive structure. Thus, broadly the concept executive
encompasses upper and middle-level decision makers in all the departments, agencies, or other
administrative units that are in the chief executive’s chain of command.

The distinction between political and bureaucratic or official posts is most clear in the case of
parliamentary executive, where differences in recruitment, responsibility, status and political
orientation can be identified. In parliamentary system, the political executive comprises elected
politicians and ministers drawn from and accountable to the assembly: their job is to make
policy, in accordance with the political and ideological priorities of their party, and to oversee its
implementation. The bureaucratic executive, on the other hand, comprises appointed and
professional civil servants whose job is to offer advice and administer policy, and generally
subject to the requirements of political neutrality and loyalty to, their ministers.

Powers and Functions of the Executive

As its most simple, the chief function of the executive organ of government is to execute or
implement laws, order, decisions, regulations, and the like that are enacted by the legislative
branch. Such function also covers prevention of violation of laws and the proper punishment for
law-breakers, in turn maintaining peace and good government in the country. Hence, these roles

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extend over a variety of areas and this means that the members of the executive have to carry out
several powers and functions.

The Political Executive

The task of political executive is to provide leadership. In this sense, the executive functions as
the ‘commanding heights’ of state apparatus, the core of state itself. The most important of the
areas are the following:

Enforcement functions: The core/the chief function of executive body is to enforce (implement)
all laws, rules, decisions made by the legislative body and the judiciary body (court’s decision).

Formulation and execution of administrative policy: The executive body boldly exercise
formulation of regulation (sub-legislative power and issues law of rules) and allocates funds to
various public activities.

Control of military forces: The executive branch has the power to determine how and where
troops, the military, warplanes and ships may be used in period of conflict and peace.

Control of foreign relations: The executive branch is charged with conducting of foreign
relations with other states. Besides, the chief executive also grants or withholds recognition to
the governments of foreign state. In addition, the chief executive, ambassadors and other foreign
service officers.

Policy-making leadership: The political executive is looked to, in particular, to develop

coherent economic and social programs and policies that meet the needs of society.

Popular leadership: The popularity of the political executive more than any other part of
political system, is crucial to the character and stability of the regime (government) as a whole.
At a policy level, it is the ability of the executive to mobilize support that ensures the compliance
and cooperation of the general public.

Bureaucratic leadership: The task of overseeing the implementation of policy means that the
political executive has major bureaucratic and administrative responsibilities. In this sense, the
chief executive, ministries, and secretaries constitute a “top management” charged with twining
the machinery of government.

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Crisis leadership: A crucial power that the political executive has over the assembly/ parliament
is its ability to take swift and decisive action when crises break out in either domestic or
international politics is invariably the executive that responds, by virtue of its hierarchical
structure and the scope it provides for personal leadership.

Bureaucratic Executive

Among other things, the primary and main functions of the bureaucratic executive are the
execution and enforcement of the laws made by the legislature and the policies decided by the
political executives. Indeed, while the other functions of government (such as representation,
policy making, interest articulation) are carried out by a variety of institutions, policy
implementation is the solely the responsibility of civil servants working under their political
masters. Moreover, in addition to their primary function to they have important roles in the
following areas:

Administration: the core function of the bureaucracy is to implement or execute law and policy,
it is thus charged with administering government business. That is why the bureaucracy is
sometimes referred to as ‘the administration’, while the political executive is termed ‘the
government’. This distinction implies that a clear line can be drawn between the policy-making
role of a politicians and the policy implementing role of bureaucrats. Certainly, the vast majority
of the world’s civil servants are engaged almost executively in administrative responsibilities
that range from the implementation of welfare and social security programmes to the regulation
of economy, the granting of licenses, and the provision of information and advice to citizens at
home and abroad.

Policy Advice: the political significances of the bureaucracy stems largely from its role as the
chief source of the policy information and advice available to government. This policy role helps
to distinguish top-level civil servants, who have daily contact with politicians and are expected to
act as policy advisor, from middle-ranking and junior-ranking civil servants, who deal with more
routine administrative matters. Quite simply, decisions made by political executives are made on
the basis of the information available, and this means that the content of the decisions is
invariably structured by the advice offered. Moreover, as the principal source of the advice

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available to the politicians, bureaucrats effectively control the flow of information, that is,
politicians know that civil servants tell them.

Articulating Interest: as one of their formal functions, bureaucrats often help to articulate and
sometimes aggregate interests. Bureaucrats are brought into contact with interest groups through
their task of policy implementation and their involvement in policy formulation and advice.

Political Stability: the final function of bureaucrats is to provide a focus of stability and
continuity with in political systems. This is sometimes seen as a particular importance in
developing states, where the existence of a body of trained career officials may provide the only
guarantee that the government is conducted in orderly and reliable fashions. This stability
depends very largely on the status of bureaucrats as permanent and professional public servants;
that is, while ministers and governments come and go, the bureaucracy is always there.

The Judiciary Organ

The judiciary is the branch of government that is empowered to decide legal disputes. Most, but
not all, governments have specialized judicial structure that include the systems of court and
judge. Thus, the central function of judges is to adjudicate on the meaning of law, in the sense
that they interpret or construct laws. The significance of this role varies from state to state and
from system to system, however, it is particularly important in states with codified constitutions,
where it extends to the interpretation of the constitution itself, and so allow judge to attribute in
dispute between the major institutions of government or in one between the state and the
individual. Accordingly, the major powers and functions of the judiciary organs may include the
following areas:

Adjudication: the first and for most function of the judge is to administer justice. They hear and
decide cases, such as civil, criminal and constitutional, in the light of the argument given by the
concerned parties. To a large extent, the courts are regarded as the defender of the rights and
liberties of the people. In states having written constitutions, courts are also entrusted with power
of interpreting the fundamental law the land/country, that is, the constitution.

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Formulating case law: Case law is developed where judges must decide how a law, whether
common or statute, should apply in a particular case. This kind of law is often referred to as
judge-made law because the interpretation is made by the judge in each case and becomes
binding on all other courts.

Protection of individual rights: The judiciary body has great role in protecting the
constitutionally guaranteed rights of individuals mainly through due process of law. For
example the judiciary plays a great role in the protection against unreasonable or arbitrary laws
and procedures by the government and its institutions at any level.

Guardian of the constitution: in most federal systems, the court acts as the guardian of the
constitution and an umpire between the central and regional governments. All constitutional
disputes among the regional states or between the regional states and central/federal governments
are settled by the highest court of the country. However, there are differences among federal
states in empowering the power to interpret the federal constitution. For example in Ethiopia it is
not the federal Supreme Court, but house of federation that has the power to interpret the FDRE
constitution.

Judicial Review: another significant function of the courts, particularly of the high and supreme
courts, is to look in to constitutional validity of the legislative measure or executive action, and
then declare it unsound and void to the extent of its being against to the fundamental law of the
land. This is known as power of judicial review. That is, the power of the judiciary to review the
laws, decrees, and actions of other branches of government, and to declare them invalid.

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 4.3.3 Systems of Government
I. Parliamentary System of Government

Brainstorming:
1. What is a Parliamentary System of Government? What are the essential qualities?

A Parliamentary system/form of government refers to the form of government in which the

government governs in and through the parliament/ Assembly, there by fusing the legislative and
executive branch of government. In other words, it refers to a system of government, which vests
the political leadership in a legislative body (the parliament) which, in turn, selects the executive
body (the cabinet + Prime minister) entirely or largely from its membership. Eg. Britain, Canada,
Germany, Italy, Australia, Israel, India, Ethiopia etc.

❖ Features of a Parliamentary Form of Government

A. Government is formed as a result of parliament/ assembly elections, based on the strength

of party or a cooperative coalition party’s representation; therefore, there is no separately
elected political executive.
B. A parliament of representatives is elected by the citizens of the state. In federal state
structure like Ethiopia, the citizens directly elect representatives both to the federal
parliament, and regional parliament.
C. The executive power of the government (both political executives like the Prime Minster
and ministers at a federal and at regional level) is lodged with group of people who are
elected and even approved by the parliament to conduct of the affairs of the state.
D. Most or all members of the cabinet (council of ministers) are usually members of the
parliament/ Assembly. And usually, the party or a cooperative coalition of parties that
have majority seat or control that take on executive responsibilities in addition to their
legislative chores.
E. The cabinet (council of ministers) retains executive power only as long as it has the
“confidence” of the parliament; that is, only as long as majority vote in the parliament
may unseat a cabinet. This is referred to as the “ Government falling”

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 F. As the head of the government is the Prime Minister, there is a separate head of the state,
i.e., the constitutional monarch or non- executive president. In Ethiopia case, the head of
the state is the president, who is non-political executive who cannot be a member of any
political party. He/she is the figurehead of the state.
G. The PM (Prime Minister), who is the head of the government, retains office only as long
as he/she can command majority support in parliament. If an issue is made the basis for a
vote of “no confidence” in the legislative and results in a vote for of no confidence, the
PM must resign because the parliament has the ultimate power, the ability to remove.
H. Electoral Terms of the PM is not fixed.

II. Presidential System of Government

Class Work:
1. What is a Presidential System of Government? What are the features of this system of government?

Presidential system of government is a form of government, which is chiefly

characterized by separations of powers between the legislative and executive
branches of government and the president holds strong executive political power.
E.g. USA, Argentina, Mexico, Costa Rica etc.

❖ Features of a Presidential System of Government

A. Real authority of the president: i.e. the leadership of the executive is in the hands of the
president who is elected by the people for a fixed period as of four years in the United States.
The procedure of decision may be either direct or indirect and the constitution may also specify
as either direct or indirect and the constitution may also specify as to the number of tenures a
person may hold (as of two term in the US). He may nominate his ministers as his advisers. The
body of the ministers is called the cabinet. The president may change the portfolios of his
ministers as per his will, or may dismiss any one of them in case he loses the confidence of the
”boss”. He formulates national policy, orders mobilization of troops declares state of emergency
and takes all necessary steps for the enforcement of law and maintenance of order in the country.
In short, he governs like the real ruler of the country.

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B. Separation of legislative from the executive: The president and his ministers cannot be the
members of the legislature. In case the president appoints a member of legislature as his minister,
he has to level his legislature membership. It is for this reason that the president and his ministers
do not take part in the deliberations of the legislature. The president may go to the legislature
either for delivering an important address, or he may send “messages” that may be accepted by
the legislature. Even his ministers may attend a session of the legislature and may also take part
in the discussion, but they have no right to vote. Moreover, the executive and the legislative
organs of government are separately elected and work independently and separately.
C. It is based on the strict application of the principle of separation of powers between the
legislative and executive organs of government.
D. Each of the executive and legislative are vested with the arrangement of independent
constitutional powers.
E. The roles of head of state and head of government (the chief executive) are combined in the
offices of the president. As such, the executive authority is vested in or concentrated in the hands
of the president; the cabinet and ministers being merely advisors and responsible to the president.
F. Electoral terms of the president are fixed: That is, the president is supposed to be lead and
govern the state for four years in one term for example, in USA. And, he/she can be reelected for
the second term (having four years). But, he/she cannot be elected for more than two terms
(having 8 years totally).

4.5. Understanding Citizenship

4.5.1. Definition of citizenship
Focus:
Citizenship is a relationship between an individual and a state, defined by the law of that state,
with corresponding duties and rights in that state.
Citizenship is a relationship between an individual and the state by which the former owes
allegiance and the latter owes protection. This relationship is determined by law and recognized
by international law. The citizen is a citizen only through the state. Hence, citizenship means a
full and responsible membership of the state. In social sciences, it has been used to denote the
status of individuals in the development of the modern state.

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T.H. Marshal says that citizenship is a status attached to full membership of a community, and
those who possess this status are equal with respect to the rights and duties associated with it.
However, since different societies attach different rights and duties to the status of citizen, there
is no universal principle which determines necessary rights and duties of citizenship in general.
Citizenship is a status attached to full membership of a community, and those who possess this
status are equal with respect to the rights and duties associated with it.
In brief, the crux of citizenship is participation in the political community. In the modern
democratic states, the basis of citizenship is the capacity to participate in the exercise of political
power through the electoral process. Participation by citizens in the modern nation-state entails
legal membership of a political community based on universal adult franchise and a civil
community based on the rule of law.
4.5.2. Contending Perspectives on Citizenship and Its Implications
We have discussed that the concept of citizenship represents a status established between the
individual and the state, in which the two are bound together by reciprocal rights and a set of
obligations, allocation burdens and opportunities, inclusion or exclusion.
In general an ideology or discourses can be understood as a comprehensive vision, mission of a
state and society. It constitutes the general orientations, values and belief systems that shape the
socio-economic, political, legal polices, strategies and actions of different stakeholders in the
country.
Ideologies are very contentious and debatable. As you can see below, there are four perspectives
or citizenship models. These include: (1) The Liberal Approach, (2) The Republican approach,
(3) The Cosmopolitan Approach, and (4) The Critical approach.
❖ The Liberal perspective
The liberal perspective to citizenship underlines on individual freedoms and rights more than
any group whose identity could be defined in terms of ascriptive (religious, cultural or linguistic)
criteria. They hold the view that individual interest, values and choice need to be protected by the
state through the enactment and enforcements of citizenship rights which are applicable to all.
According to this view, the disproportional allocation of rights and duties for any group of
among citizens would mean discrimination, and hence it is an acceptable. Thus, citizenship is
understood as a statement of equality among individuals where rights and obligations are
conferred on citizens uniformly.

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With regard to the scope of rights and duties in relation to state, liberals argue that the state
needs to have limited role in socio-economic domains of society leaving much room for the
citizenry. Consequently, liberal approach underlines on civil and political citizenship rights of
the individual.
By the same token, the citizens are believed to have less duty and responsibility towards the
promotion of what is often referred to as “the common good’ of the society and the state. The
central assumption , here, is that there would not be a collective good that must govern every
one as individuals are free to pursue their own individual interests with less , or no constraints ,
from the part of the society.
One of the influences of liberal approach is something to do with the adoption of right-based
class room instruction. Such focus will have a detrimental effect on the moral development of
students. Students will not be concerned with the good of their society and their country as they
would be preoccupied with pursuit their narrow individual interest. In other words, students may
tend to be less-patriotic and less-civic minded to their own country and society. Accordingly,
students (future citizens) would fail to contribute their part towards the good of others, including
the poor and the disadvantage citizens. The long run outcome of these would be a moral decline
and social crisis and political apathy.
On the other hand, the liberal emphasis on individualism will also contribute to build up civic
dispositions as autonomy, self-reliance, hardworking, risk taking and self-confidence of a person.
This has been evident in countries that have adopted liberal democracy. In countries like U.S.A,
U.K, Australia and others, the Education curriculums gears towards creating active citizens who
will be innovative, competitive, self-reliant, freedom loving and critical thinkers.
We see somehow similar trend in Ethiopia too. As you remember, civic and Ethical Education is
intended to create citizens who are self-reliant, creative and hardworking. These are some of the
Eleven Values which can be taken as an example of liberal values.
❖ The Republican Perspective
The term “Republic” is derived from the Latin term-republica-which literally mean of the public
thing or business, as opposed the ‘the private domain or affair’. The private affair is usually
associated with concerns related the family, the division of labor within home, religious beliefs
and practices of individuals; whereas the public affairs touches all aspects of life related to
political participation, authority, workplace and market.

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According to the Republican view, the private interest of the citizens cannot be strictly different
from the public interests. That is citizens are expected to undertake as many responsibly as
possible to promote the interest of the country. Unlike the liberal view, republicans argue that
individual interests would be served better when the collective interest (common good) of the
state and the society is promoted or advanced. Citizens are urged to contribute their level best to
the interest of their country; otherwise they no longer deserve the statutes of good citizenship.
The notion of citizenship, thus, goes beyond mere membership to the political community. Nor it
is right-based only; it has an ethical element that citizens should fulfill as sort of public
responsibility or duty.
Some scholars make analogy to explain the central idea of republican view of good citizenship as
follows:
“Citizens hold a position of public responsibility, just as Mayors, senators, city councilors, and
members of parliament do. The citizens who does not act responsibly may thus be said to be
betray a public trust, while the citizen who faithfully does his or her duty displays civic virtue”(
Bryan, 2002: 89).
As described above, good citizens readily take responsibility and engage in the promotion of the
common concern of the country and the society. It is expected that citizens act from the notion of
duty to serve the community and the country unreservedly. Such commitment may require all of
to devote our time, energy, money, knowledge and even life for the common good of the society
and the country.
Any educational system which is oriented by the republican discourse would aim at creating
citizens who are more or less duty-bounded. Citizens exercise less claims or rights than
discharging duties. Accordingly values such as patriotism, rule of law, civic mindedness, loyalty
and volunteerism will be focused both in the formal school curriculum and informal learning
avenues like that of Media and political debates.
In Ethiopia Civic and Ethical Education, the notion of republicanism has also been emphasized.
Some of the indication of such emphasis can be seen in some of the Eleven Values of the
Curriculum including: active participation of citizens, Justice, patriotism and responsibility.
❖ Cosmopolitan Perspective
The discourse on Cosmopolitanism has emerged in response to the resurgence of global
interconnectedness mainly driven by movement of peoples, ideas, values, goods and

31
commodities crossing the traditional boundary of nation-states. In recognition to such global
interconnection, it is argues that the notion of citizenship-as being well understood as
membership to the nation-state, need to be redefined with the changing realties of the new
Millennium.
A citizen, according to this view, is one who identifies not primarily or solely with her own
nation but also with communities of people and nations beyond the nation-state boundaries. This
discourse articulates an agenda for citizenship that simultaneously educates students for
membership in local, national, and international organizations and civic organizations.
The cosmopolitan view central argument is that citizens’ allegiance to the nation-state has not
addressed the problems of humanity. According to this school of thought the contemporary
challenges to humanity, like environmental problems, diseases, hunger, war, displacement of
peoples and many other could be addressed better under the umbrella of global governance.
Particularly, this school of thought intends to address the problem of global inequality and global
commons.
As you might be aware, there exists a huge gap between what is commonly called the Global
South and North. The Global North has been generally characterized by economic advancement
and technological progress as compared the South. Consequently, the economic and social
condition of the peoples has been qualitatively better of that the populations livening in the
Global South.
In the global South, the living standard of the people is very low, and poor. Though there are
internal problems, the un fair relations and structural linkages of the global south to the North
remains to be one of the cause for the underdevelopment of the global South.
Some of the manifestation of such structural problems was colonialism in the past and its legacy
today, the imposition of Western Financial and economic institutions and system (IMF, World
Bank, WTO) on the global South.
Apart from this, Global Commons refers to those natural resources and heritages whose
possession falls beyond the jurisdiction of any Sovereign State in the world. The global
Commons are very strategic for the survival of human-kind and hence are considered as the
heritage of the world population. Examples of these include Oceans, the Atmosphere, Seas, Sea-
bed Resources and Antarctica.

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Communitarians: is another school of thought which tries to address the issue of community,
identity and culture of groups-usually the minority groups. It underscores on the relevance of
community as whole as opposed to the individual-based political discourses such as democracy.
As mentioned above, the communitarians bring to the fore the issue of cultural issues to the
discourse of citizenship. Those scholars and practitioners in the communitarian school
challenge the liberal assumption that individuals are the only subjects (actors) who deserve
citizenship status. In contradistinction to this, communitarians stand for the cultural groups (or
community) to have citizenship status rather than individuals. For them, citizenship is rooted in a
culturally defined community to which individuals belong.
For communitarians the meaning of citizenship should involve recognition, not just membership,
by the state. Accordingly, communitarians call for state to recognize cultural rights of groups so
that every members of the society would have sense of loyalty and patriotism to the state.
Accordingly, communitarians stand for cultural citizenship.
4.5.3. Modes of Acquiring and Losing Citizenship
A person may acquire the citizenship of a state in accordance with the rules of municipal law / a
law that applies within the given state. It implies that municipal law determines as to who may be
a national of a particular state. The process of acquisition of citizenship is not uniform; it varies
in different countries depending up on the specific laws of each country. However, each state has
the right to determine who its citizens are and who are not according to its own law.
The right of state to determine citizenship, nonetheless, does not mean that it should follow
arbitrary and ground less decision. Some broadly shared normative and customary principles are
emphasized to minimize arbiter deprivation of citizen ship. In general, the process of acquiring
citizenship involves complex issues related with the interest of states
as well as the interaction of individuals.

4.5.3.1. Modes of Acquiring Citizenship

There are two broad categories by which people get access to citizenship of given state. These
are: - 1.Citizenship by birth, 2. Naturalization
1. Citizenship by Birth
A majority people almost in all countries of the world acquire citizenship by birth. Usually they
do not change their citizenship after acquiring by birth. This simply means you become a

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citizenship of your country since the time of your birth in that country. However, there are two
different principles and modes of acquiring citizenship by birth;
A. Jus soli (by place of birth) – citizenship is decide by place of birth expect children of
diplomats. Any person born with in the sovereign territory of a particular state is consider as the
citizen of the state, but having parents with citizenship of different state . This rule includes a
child born in areas were the flag of that country is raised (e.g. public ship, in the embassies, etc).
Birth on the soil of a state is sufficient to create a bond of nationality irrespective of parent’s’
allegiance.
A child is not a citizen by the place of his/her birth if born from foreign diplomats with in the
territory of host state. Such rules are more or less universally accepted in the 1930 Hague
convention and the 1961 Vienna convention on diplomat’s relations and international
organization representation. The children of diplomats are exceptions to the rule of Jus soli,
because diplomats are not ordinary foreigners, they have diplomats privilege and immunities and
the compound of their embassy is considered as the soil of the country of the diplomats not the
soil of the host country.
Who are foreign diplomats? And what privileges and immunities do they have?
Diplomats – are officers who represent one country in the capital city of another country. For
instance, in our capital city Addis Ababa, there are a number of foreign diplomats (officers) who
represent different countries. Diplomats are not ordinary foreigners and also have diplomatic
privileges/immunities. The two basic diplomatic immunities are the following:
Inviolability: Under this immunity, the diplomatic persons, the embassy or legation quarters as
well as residents of diplomatic agents are inviolable. They are considered as sacred. No one is
allowed to attack diplomats, their working & living areas. Any attack on the diplomatic
personnel & their working & living areas is considered as an attack on the diplomat’s state & this
could lead the sending & receiving Countries to war. Thus, inviolability is one important
immunity / privilege of foreign diplomats
Extraterritoriality: means the diplomats and their properties should be considered as outside
the receiving state’s territory or jurisdiction. For example, the American diplomats & their
Embassy properties as a whole is considered as in the territory of America, not in Ethiopian.
Thus, American diplomats here are viewed as living & working on the soils of their own country.
They are not subject to the laws of Ethiopia. But they are subject to the laws of their own

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country, America. This covers the Nationality of any children born to the diplomat while holding
his official position. Children of foreign diplomats are regarded as children born on the
diplomatic person’s home state. This would be true even if the diplomat and his or her spouse
were in transit through the territory of a third state. Thus, under the diplomatic privilege of
extraterritoriality, children of foreign diplomats are exempted from the law of the soil.
B. Jus Sanguinis (citizenship by blood) – citizenship of a state may also be acquired by a
person on the basis of the nationality of either parent. This child may become a citizen of that of
which his parents are nationals. Here, children take their parents nationality regardless of where
they are born. This refers to the blood line which is explained in terms of legal blood of the
child’s father or mother.
• Jus sanguinisparterni – right blood of father
• Jus sanguine matarni - right blood of mother
Some states may require both parents of a child to become their citizen. In U.S.A citizenship is
granted by blood relationship to a child born abroad if one parent is an Amercan. The same thing
is true for Ethiopia as well. To get Britain citizenship a child has to be registered with in two
years. In Israel, a Jewish living abroad becomes Israeli at the day of his/her arrival under the law
of return.
2. Citizenship by Naturalization/Law
It is a process by which a state grants its citizenship foreigners as a result of some voluntary acts
and interaction of the individual. A person may acquire citizenship through naturalization in
different ways. The most important ways are the following. As a result, the person to be
naturalized should satisfy some specific criteria set by the particular state in to which he applying
to be a citizen.
The pre –requisites vary from country, but they more or less are:
• Length of residence, which varies from 1 to 10 years, with five years the commonest.
This means that in order to acquire foreign citizenship, one has to reseed in that country
at least for five years.
• Age of the applicant, which varies from 18to 25 years. This means that a person who
applies for foreign citizenship should be at least 18 years of age.
• Health status. This implies that a person applying for foreign citizenship should be
physically and mentally healthy. He has to be free from physical and mental defects.

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 • Criminal records of individuals. This means that individuals who apply for foreign
citizenship should be free from criminal records. Individuals should be free from such
crimes as drugs smuggling, genocide, hijacking and terrorism.
• Moral character. This means that a person applying for the foreign citizenship should be
morally good. Other requirements are:
Others may also use additional grounds for granting their citizenship to foreigners, for instance:
lawful entry for residence, ability of national language, nationality origin, educational
qualification etc.
In addition to the criteria discussed above to be fulfilled, there are also various ways of attaining
citizenship by naturalization depending on specific laws of a country. These are:
A. Citizenship by Political Case (Process).
The political case refers to acquisition of citizenship by conquest or cession of territory. Cession
is voluntary process whereas conquest is coercive act. Citizenship by political case is possible in
two ways. These are:
Conquest: When the people of subjugated state are incorporated within the territory of the
victorious state, they acquire citizenship of the new state. When large number of people acquires
citizenship at the same time, such practice is termed as collective citizenship.
Cession: Due to the merger of one state or region of a state with another state, citizens of the
merged territory become citizens of the new state in which they are merged. Example, when the
United States bought the Louisiana territory from France in 1803, the treaty provided that all the
people in the area should become American citizens.
B. Option.
This is a modern development due to the direct participation of the inhabitants in their status of
citizenship. In voluntary partition, cession or exchange of territories option is given to the
inhabitants to choose only the citizenship of one state. Example, when the territory of India was
divided into Pakistan and India.
C. De facto Citizenship (citizenship by claim).
A woman or man can marry another national without undergoing the required legal procedure of
marriage. Under such condition the married woman or man can possibly claim citizenship of her
husband’s (his wife’s) country. Such kind of citizenship by claim /assumption is termed as
apparent Nationality.

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3. Ways of Acquiring Citizenship in Ethiopian
Ethiopia is one of the countries that have ratified the Convention on the Rights of the Child,
which provides in Article 7 for the “right from birth to a name” and “the right to acquire a
nationality,” and for states to ensure the implementation of these rights, in particular where the
child would otherwise be stateless. Ethiopia is also a signatory to The African Charter on the
Rights and Welfare of the Child (ACRWC) also provides, in Article 6, for the right to a name
from birth and the right to acquire a national UDHR 15. Only a few countries provide for explicit
rights to nationality in their Constitutions, which Ethiopia is one but it does not grant citizenship
to all children born on their territory. The 1995 FDRE Constitution of Ethiopia stand out, in that
it provides that every child with “the right to a name and nationality.”
The laws of citizenship in Ethiopia begin from the constitution. What does the Constitution say
about citizenship? Article 6 of the constitution of the Federal Democratic Republic of Ethiopia
declares that any person of either sex shall be an Ethiopian national where both or either parent is
Ethiopian. So the constitution enshrines the principle of jus sanguinis if a child is born to an
Ethiopian mother or an Ethiopian father. He/she is an Ethiopian irrespective of where he/she is
born. The Constitution also provides for naturalization in general terms. The particular or the
details of nationality laws of Ethiopia are legislated in the Ethiopian Nationality Proclamation
No. 378/2003. In this proclamation (article 3), the principle of nationality by descent is provided-
‘Any person shall be an Ethiopian national by descent where both or either of his parent is
Ethiopian’. In addition, any infant who is found abandoned in Ethiopia shall be deemed to have
been born to an Ethiopian parent and shall acquire Ethiopian nationality. But if it is proved, the
infant has a foreign nationality like by proving that his parents are foreigners he/she shall not
acquire Ethiopian nationality automatically. Hence, on the basis of the FDRE constitution and
Ethiopian Nationality Proclamation No. 378/2003, Ethiopian nationality can be attained both
through birth and law.
1. By Birth: - According to the Ethiopian Nationality proclamation of 2003, article 3(1), any
person shall be an Ethiopian national by descent where both or either of his parents is Ethiopian.
2. By Law (Naturalization): in addition to birth, a person may acquire nationality by law, that
is, through naturalization. A person can become a naturalized citizen of Ethiopia through many
ways. The application must be made to the National Affairs Committee that shall provide its
recommendation to the Security, Immigration and Refugee Affairs Authority which shall have

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the power to give decision to accord nationality. Citizenship through application, marriage,
adoption, and special cases are specified, in accordance with the proclamation. Any foreigner
may acquire Ethiopian nationality by law in accordance with the provisions of Articles 5-12 of
the Ethiopian Nationality proclamation of 2003. Accordingly the following are the ways of
acquiring Ethiopian nationality through law/naturalization.
A. Marriage: - A foreigner who is married to an Ethiopian national may acquire Ethiopian
nationality. Thus as per the Ethiopian Nationality proclamation No. 378/2003, article 6, the
marriage must be law full and fulfill the following criteria:
• The marriage has stayed for at least two years:
• The applicant for the nationality has lived for at least a year before application to the
Ethiopian nationality,
• He/she must be of age and legally capable
• He/she is released from his nationality or is to be soon released or is a stateless person
(this is to avoid dual nationality)
Naturalization through marriage has an international acceptance. Besides, status of citizenship
cannot be obliterated even if the partners get divorced.
B. Legitimation (Cases of Adoption): - This is citizenship by recognition. An illegitimate child
has the right to get his biological or caretaker father/mother citizenship after legitimation. Such
process is usually attributed to a father /mother of a multiple citizenship. And child adopted by
Ethiopian national may acquire Ethiopian nationality by law according to Ethiopian Nationality
proclamation of 2003, article 7, if:
• The child has not attained the age of majority.
• The child lives in Ethiopian together with his adopting parent,
• where one of his adopting parents is a foreigner; such parent had expressed his consent in
writing and;
• Where he/she is released from his/her previous nationality or the possibility of obtaining
such a release upon the acquisition of Ethiopian nationality or that he/she is stateless.
C. Grant on Application: - Depending on their rules, different countries adopt requirements to
grant citizenship by application. According to the Ethiopian Nationality proclamation of 2003
article 5, the following are the requirements to be fulfilled by the foreigner to attain Ethiopian
nationality by application:

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 • One who is majority or legal age, that is, eighteen
• One who lived in Ethiopia for a total of at least four years
• Not dependant (self-reliant), that is, he/she must have sufficient and lawful source of
income to maintain himself and his family.
• One who is able to communicate in any of the languages of the nations and nationalities
of the country
• One who is a person of good character
• One have no record of criminal conviction
• One who be able to show that he has been released from his previous nationality or the
possibility of obtaining such a release upon the acquisition of Ethiopian nationality or
that he is a stateless person, and
• He/She shall be required to take the oath of allegiance stated under Article 12 of this
proclamation.
D. Reintegration (Restoration): A person who has lost his/her citizenship due to some reasons
may get it back if he/she fulfills some conditions as laid down by the laws of the state. According
to the Ethiopian Nationality proclamation article 22, a person who was an Ethiopian national and
who has acquired foreign nationality by law shall be readmitted to Ethiopian nationality if
he/she:
• Returns to domicile in Ethiopia;
• Renounces his foreign nationality; and
• Applies to the security, Immigration and Refugee Affairs Authority.
E. Citizenship by Special case/Outstanding Contribution
Citizenship can be given to an individual or collectives without undergoing all the legal
procedures related to acquisition of citizenship. As to the Ethiopian Nationality proclamation
article 8, a foreigner who has made an outstanding contribution in the interest of Ethiopia may be
conferred with Ethiopian Nationality by law irrespective of the conditions stated under sub-
articles (2) and (3) of Article 5 of the proclamation. That is, he/she is not required to live in
Ethiopia for a total of four years and may lack the ability to communicate in any of the languages
of the country.
Note that where a person wants to acquire nationality on the basis of naturalization, he must take,
with the exception of naturalization of an adopted child, an oath of allegiance which states, ‘I…

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solemnly affirm that I will be a loyal national of the Federal Democratic Republic of Ethiopian
and be faithful to its Constitution.’
4. Dual Citizenship
Some people hold citizenship in two nations. The condition of being a citizen of two nations is
called dual citizenship or dual nationality. Some people gain dual citizenship by birth. For
example, a baby born to a French family visiting the United States would have U.S. citizenship
by jus soli. The baby also would have French citizenship by jus Sanguinis. People whose parents
are citizens of two countries might have dual nationality by jus Sanguinis.
Some people have dual citizenship as a result of naturalization. For example; a nation might
allow its naturalized citizens to keep their original citizenship. Such persons could claim
citizenship in two countries. Or, a nation might refuse to allow its people to give up their
citizenship. People who declared that they no longer were citizens of such a country and became
naturalized in another still would be claimed as citizens by the original nation.

4.5.3.1. MODES OF LOSING CITIZENSHIP (GENERAL)

Brain Storming:
When and how a person loses his/her nationality?

Various states adopt different principles on those citizens who violate the nation’s citizenship.
The following points discuss the various modes of losing citizenship.
A. Renunciation: The United Nations universal Declaration on Human Rights of 1948, Article
15(2) provides the right to the individual to renounce his/her citizenship and seek the citizenship
of some other state according to his/her choice.
Most countries recognize the right of any citizen to expatriate (émigré) himself/herself or give up
his/her allegiance or loyalty to one country for allegiance of another country. A person gives up
his citizenship in one country when he is naturalized in another, if the country he/she leaves
recognizes his/her right of expatriation. In such condition the person ceases to be citizen of the
former state. Ethiopia also recognizes the right of its citizens to expatriate and renounce their
Ethiopian citizenship status (Refer the annexed Ethiopian Nationality proclamation article 19).

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The personal decision of a person to renounce or give up his/her citizenship emanates when the
state harasses the person and when the person dislikes the policies or politics or ideologies
pursued by the state or for other reasons like better economic standing.
B. Deprivation: A citizen of a state may be deprived of his/her citizenship, if he/she is guilty of
committing certain serious crimes against the state. Such as:
• To make access national secrets to alien country.
• Serving in another country’s armed forces or government
• Trying to overthrow the government by force.
• Promising loyalty to another country.
• Becoming naturalized in another country etc.
But according to the Ethiopian Nationality proclamation of 2003, article 17; no Ethiopian may be
deprived of his nationality by the decision of any government authority unless he/she loses
his/her Ethiopian nationality under article 19 or 20 of the proclamation.
C. Substitution: Citizenship may be lost when the original citizenship is substituted by another
state, where it is acquired through naturalization. According to the Ethiopian Nationality
proclamation article 20, Ethiopian nationality can be lost upon acquisition of other nationality.
On the other side, this may also take place when a particular territory is annexed by another state;
the inhabitants’ citizenship within the annexed territory will be replaced by the citizenship of the
subjugator.
D. Lapse/Expiration: Citizenship may be lost, if the person stays outside of his/her country for a
long and continuous period. For example, if an Indian citizen stays out continuously for more
than seven years, the person will lose his/her Indian citizenship by the principle of lapse. The
principle of lapse has no application according to the Ethiopian Nationality proclamation of 2003
❖ Ways of Losing Citizenship (the Ethiopian case)
Ethiopian nationality may be lost for the following grounds:
Renunciation: Any Ethiopian who has acquired or has been guaranteed the acquisition of the
nationality of another state has the right to renounce his Ethiopian nationality by informing the
immigration authority in the form prescribed. However the renunciation may not be accepted if
the person has not yet discharged his outstanding national obligations or where he has been
accused or convicted for a crime and he has not yet been acquitted or has not yet served.

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Acquisition: Any Ethiopian who voluntarily acquires another nationality shall be deemed to
have voluntarily renounced his Ethiopian nationality. This is to avoid double nationality. Except
under involuntary acquisition of another state’s citizenship, dual citizenship is not allowed under
Ethiopian law. Note that a foreigner who was an Ethiopian national but later acquired foreign
nationality may be readmitted to Ethiopian nationality if he/she returns to domicile in Ethiopia,
renounces his foreign nationality and applies to the immigration authority for re-admission.

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