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CHAPTER FOUR

STATE,
GOVERNMENT
AND CITIZENSHIP
Ashenafi Gts @DDU
Understanding
. state
„state‟ has been used to refer to a bewildering range of things including a
collection of institutions, a territorial unit, a philosophical idea, an
instrument of coercion or oppression, and so on.
Four quite different ways of understanding state

Idealist approach Functionalist approaches


Hegel- identified 3 moments of social existence • focus on the role or purpose of
state institutions.
• 1. Family, altruism operates.
• central function of the state is
• 2. Civil society „universal egoism‟; and
seen as the maintenance of
• 3.State: ethical community- „universal altruism‟. social

organizational view :
international approach
• apparatus of government:
• comprises gov‟t institutions police: • primarily as an actor on the world
bureaucracy, military, courts, social stage; indeed, as the basic „unit‟ of
security system &etc. international politics.
• the entire „body politic‟

Ashenafi Gts @DDU


Int’l law is found in Montevideo Convention on the Rights and Duties of State (1933).
• Defined Territory
Population
• is the 1st essential element since • no state without its own
state is a human association. How territory. includes land, water,
much people constitute state? No & airspace; it has maritime
exact number for criteria. jurisdiction extending up to
3miles, some contend 20 miles

Government: soul of the state Sovereignty


• implements the will of the • is the highest power of the
community; terminates the condition state/distinguishes it from all other
of anarchy. associations.
• may have monarchical, aristocratic, • is the principle of absolute and
democratic/ dictatorial forms unlimited power. It has two aspects.
• . if there is no gov‟t, there is anarchy • Internal and External.
and the state is at an end.

Ashenafi Gts @DDU


Recognition
• the contemporary political theorists and the UN considered recognition

as the fifth essential attribute of the state.

• for a political unit to be accepted as a state with an ‘international

personality‟ of its own.

• It is to mean that, for a state to be legal actor in the international

stage; other actors (states, int‟l intergov‟tal and NGOs etc.) must

recognize it as a state.

Ashenafi Gts @DDU


Rival Theories of State
• offers different account on origins, development & impact on society.

• there are ideological and theoretical disagreements in the discipline.

• E.g., state is autonomous and independent of society, or whether it is


essentially a product of society, a reflection of the broader distribution
of power or resources, does state serve the common/collective good?

• Andrew Heywood (2013) classified the rival theories of state into

four: the pluralist state, the capitalist state, the leviathan state and the

patriarchal state.

Ashenafi Gts @DDU


Pluralist State
• has a very clear liberal lineage.

• state acts as an „umpire‟ or „referee‟ in society

 Originated in social-contract thinkers T. Hobbes & John Locke.

 principal concern was to examine the grounds of political obligation:


individual is obliged to obey and respect the state.

 state had arisen out of a voluntary agreement, or social contract,


Individuals in social contract:
 made social contract
 recognized state only the establishment of a sovereign power could
safeguard them from the insecurity, disorder and brutality of the state
of nature.
Ashenafi Gts @DDU
Cont’d…
 Without a state:- individuals abuse, exploit and enslave one another

 With a state, order and civilized existence and liberty are guaranteed.

 As Locke put it, where there is no law there is no freedom

In liberal theory, the state

 is seen as a neutral arbiter

 is an „umpire‟ or „referee‟ that is capable of protecting each citizen.

 acts in the interests of all citizens

• Locke, developed the limited state.

 the purpose of the state is very specific:

 it is restricted to the defense of a set of „natural‟/God-given individual


rights; namely, life, liberty and property.
Ashenafi Gts @DDU
Cont’d…
• Hobbes‟ said that,

 stability and order could be secured only through the establishment of an


absolute and unlimited state, with power that could be neither
challenged, nor questioned.

• Modern pluralists, however, have often adopted a more critical view of the
state, termed the neo-pluralist theory of the state.

• Robert Dahl and Charles Lindblom (1953) have come to accept that modern
industrialized states are both more complex and less responsive to popular
pressures than classical pluralism suggested.

• Neo-pluralists, have acknowledged that business enjoys a „privileged


position‟ in relation to government that other groups clearly cannot rival.

Ashenafi Gts @DDU


The Capitalist State
• Marxist notion of a capitalist state offers a clear alternative to the
pluralist.
• According to Marxist State:
• can‟t be understood except in a context of unequal class power and

separately from economic structure of society.

• is nothing but an instrument of class oppression: i.e., state emerges


out of, and in a sense reflects, the class system.

• they didn‟t develop a systematic or coherent theory of the state.

• state is part of a ‘superstructure‟ that is determined or conditioned by


the economic „base‟.

• economic „base‟-can be seen as the real foundation of social life.


Ashenafi Gts @DDU
Cont’d…
• Two theories of the state can be identified in Marx‟s writings.

1. The Communist Manifesto (1848): „The executive of the modern state is a


committee for managing the common affairs of the whole bourgeoisie‟.

• the state is:


 clearly dependent on society and
 entirely dependent on its economically dominant class.
 For Lenin “an instrument for the oppression of the exploited class”.
2. The autonomy of the state is only relative- appears to mediate between
conflicting classes.

 State could be used constructively during the transition from capitalism to


communism in the form of the „revolutionary dictatorship of the
proletariat‟.

Ashenafi Gts @DDU


The Leviathan State
• The image of the state as a „leviathan‟ (in effect, a self-serving
monster intent on expansion and aggrandizement) is one associated in
modern politics with the New Right.

• The New Right, is distinguished by a strong antipathy towards state


intervention in economic and social life.
 State:
• born out of the belief that the state is parasitic growth that threatens
both individual liberty and economic security.

• is an overbearing „nanny‟, desperate to interfere in every aspect of


human existence

Ashenafi Gts @DDU


Cont’d…
• New Right thinkers argue state intervention reflected not popular
pressure for economic and social security/maxims, rather, the internal
dynamics of the state.

• argue that the state reflects broader class and


other social interests,
Marxists

• portrays the state as an independent or


autonomous entity that pursues its own
The New interests.
Rights

Ashenafi Gts @DDU


The Patriarchal State
• Feminists regarded the nature of state power to concentrate on the
deeper structure of male power centered on institutions such as the
family and the economic system.

 Liberal feminists:

 believe that gender equality brought through incremental reform


 viewed the state in positive terms
 denying women legal and political equality make state biased.
 state intervention as a means of redressing gender inequality and
enhancing the role of women.
 This can be seen in campaigns for equal-pay legislation, the provision
of child-care facilities, the extension of welfare benefits, etc.

Ashenafi Gts @DDU


Cont’d…
Radical feminists:
• are more critical and develop negative view of the state
• state power reflects deeper structure of oppression in the form of
patriarchy.
• place the state in a context of gender inequality, and
• insist that it is essentially an institution of male power.
• their Patriarchy is rooted in the division of society into distinct
 „public‟ sphere of life:- (men domination) and So state is run by
men, &for men
 „private‟ spheres of life:- confined to women.
• Both Marxist and radical feminist deny that the state is an
autonomous entity bent on the pursuit of its own interests.

Ashenafi Gts @DDU


The Role of the State
• Except anarchists, who dismiss the state as fundamentally
evil and unnecessary, all political thinkers have regarded the
state as, in some sense, worthwhile.

• there is profound disagreement about the exact role the state


should play,

• different state forms that have developed are the following


Minimal states,
Collectivized states,
Developmental states,
Totalitarian states, an
Social-democratic states,
Religious states

Ashenafi Gts @DDU


1. Minimalist State
• is the ideal of classical liberals, whose aim is to ensure that
individuals enjoy the widest possible realm of freedom.
• was rooted in social-contract theory,
• essentially advances „negative‟ view of the state.
• the value of the state is that it has the capacity to constrain human
behavior and thus to prevent individuals encroaching on the rights and
liberties of others.
• The state is merely a protective body, its core function
to provide a framework of peace and social order.
• Institutional apparatus of a minimal state is limited to a police force, a
court system and a military of some kind.
Ashenafi Gts @DDU
Cont’d…
• „Minimal‟ state mean like „night watchman‟ with three core functions:
maintain domestic order,
following contract enforcement between private citizens and
provides protection against external attack.

• The cause of the minimal state has been taken up in modern political

debate by the New Right.

• New Right perspective, state‟s economic role should be confined to


two functions:
1. maintenance of a stable means of exchange/„sound money‟
(low/zero inflation);
2. promotion of competition through controls on monopoly power,
price fixing etc..
Ashenafi Gts @DDU
2. Social Democratic (Welfare) States
Social democrat state Developmental state
states intervene with a view to bringing
about broader social restructuring.
practice interventionism in order to

According to the principles of fairness, stimulate economic progress


equality and social justice

• Countries like Austria and Sweden, guided by both state intervention.


• Nevertheless, they do not always go hand-in-hand.
The social-democratic state:
• ideal of both modern liberals and democratic socialists.

• active participant; in helping to correct the imbalances and injustices of a market

economy.

Ashenafi Gts @DDU


Cont’d…
• Social democrat state tends to focus
 less upon the generation of wealth and Such action help to
• eradicate poverty and
 more upon the equitable or just distribution of wealth. • reduce social inequality

• Therefore, the twin features of a social democratic state:

1. . Keynesianism and

2. social welfare

Aim
Keynesian to promote growth and
economics to regulate or manage
capitalism maintain full employment

Ashenafi Gts @DDU


3. Developmental States
UK and the USA
were best historical examples of minimal state during the period of early
industrialization in the 19thc .

Later a country industrializes, the more extensive will be its state‟s economic role

Japan and Germany

the state assumed a more active „developmental‟ role from the


outset/beginning
Developmental States
• is one that intervenes in economic life with the specific purpose of promoting
industrial growth and economic development
Ashenafi Gts @DDU
Cont‟d…
 Japan is the classic example during the Meiji Period (1868–1912).

• Its state forged a close link with Zaibutsu, great family-run business empires
that dominated the Japanese economy up until World War II.

 Germany, economic development

 achieved it through the construction of a „partnership state‟,

 focus placed on the maintenance of a close link b/n the state and major
economic interests, notably big business and organized labor

Competition state
Tiger Recognized strengthen education & training
economies Fostered by economic
guaranteeing economic success.
globalization
East Asia intensify transnational competition.

Ashenafi Gts @DDU


4. Collectivized States
State intervention
Dev‟tal and social-democratic states Collectivized state

to guiding or supporting a largely private economy, . bring the entirety of economic life under state control.

• best e.g., orthodox communist countries: USSR and Eastern Europe.

• sought to abolish private enterprise, and

• set up centrally planned economies called „command economies‟

• Marx and Engels by no means ruled out nationalization;

• Engels, during the „dictatorship of the proletariat‟, state control would


be extended to include factories, the banks, transportation and so on.

Ashenafi Gts @DDU


5. Totalitarian States
 the most extreme and extensive form of interventionism.

 construction of an all-embracing state, the influence of which


state directly control
penetrates every aspect of human existence. not only the economy,
but also education,
culture, religion, family
 effectively extinguish civil society and life and so on.

 abolish the private sphere of life altogether.

 E.g., Hitler‟s Germany and Stalin‟s USSR, (arguably Saddam Hussein‟s Iraq.

 the central pillars of such regimes are


 a comprehensive process of surveillance and terroristic policing, and

 a pervasive system of ideological manipulation and control.

Ashenafi Gts @DDU


6. Religious States
 are founded on the basis of religious principles

 modern state emerged

 by the triumph of civil authority over religious authority,

 religion increasingly being confined to the private sphere, by


secularism.

 The period of 1980s

has witnessed the rise of the religious state,


driven by the tendency within religious fundamentalism to reject
the public/private divide and to view religion as the basis of
politics.

Ashenafi Gts @DDU


Understanding Government
Government is:

 the most essential components and an administrative wing of the state.

 political organization comprising individuals and institutions

authorized to formulate public policies and conduct affairs of state.

• broadly, to govern means to rule or control others.

• So it include any mechanism through which ordered rule is maintained,

 ability to make collective decisions and


Gov‟ts central features
 the capacity to enforce them
Ashenafi Gts @DDU
Cont‟d…
• Any form of government, to be stable and effective, must possess two
essential attributes: authority and legitimacy.

Authority: Legitimacy:
the ability to compel obedience. „to declare lawful‟)
broadly means rightfulness.
„legitimate power.‟
popular acceptance of a governing
power is the ability to influence the
regime or law as an authority.
behavior of others, authority is the
right to do so a basic condition to rule.

Thus, authority is the legitimacy, justification and right to exercise that


power

Ashenafi Gts @DDU


Purposes and Functions of Government
 Distribution and regulation of resources

 Self-preservation

 Management of conflicts

 Fulfillment of social or group aspirations

 Protection of rights of citizens

 Protection of property

 Implementations of moral conditions

 Provision of goods and services

Ashenafi Gts @DDU


Understanding Citizenship
the person who is a legal member of a particular State and
Citizens
one who owes allegiance to that State.

means of determining legal membership of a person to a


State
network of relationships between State and citizen
Citizenship
the rules regulating the legal/formal r/n b/n State and
individual with respect to acquisition and loss of a given
country‟s nationality.

Ashenafi Gts @DDU


Common elements of citizenship
i. Citizenship as a Status of Rights: being a citizen makes the person a
creditor of a series of rights.

 Marshall 1998, distinguishes three types of rights

• the rights necessary for the dev‟t of individual liberty;


Civil

• the right to participate in the exercise of political power, and


Political

• guarantee the right to public safety, health, education, etc.,


Social

Ashenafi Gts @DDU


Hohfeld (1978), discovered four components of rights known as „the Hohfeldian
incidents‟: liberty (privilege), claim, power and immunity.
. A. Liberty Right: is a freedom given for the right-holder to do something and there are no
obligations on other parties to do or not to do anything to aid the bearer to enjoy such rights.
Four components of rights

E.g., movement right

B. Claim Rights:
 are the inverse of LR since it entails responsibility upon another person or body.
enjoyed by individuals when others discharge their obligations

C. Powers Rights: are rights regarding the modification of first-order rights.


are cooperative controls that are imposed on others.
the holder of a power, (government or a citizen), can change or cancel other people and
his/her own entitlements.

D. Immunity Rights: allow bearers escape from controls and are opposite to power
rights.
the absence of a power in other party to alter the right-holder‟s normative situation in
some way.

The former two are primary rules whereas the rest are secondary rules.
Ashenafi Gts @DDU
Cont’d…
ii) Membership and Identity: C/p membership implies integration into that community with
a specific identity that is common to all members who belongs to it (shared territory, common
culture, history, etc).

iii) Participation: Participation occupies a key position in citizenship. two approaches:-

 Minimalist approach: passive compliance with the rules of a particular community/State.

 Maximalist approach: active, broad participation of citizens engagement in the State.

iv) Inclusion and Exclusion: All individuals living in a state don‟t necessary mean citizens.

 But citizens are fundamentally different from aliens like the

 right to get access to land, vote and to be elected and get Ethiopian passport and

 duty of defending the constitution and territory from foreign aggressors are.

Ashenafi Gts @DDU


Theorizing Citizenship
• What it is and what it could become and to understand it, there are four approaches:

Theorizing Citizenship

Liberal Communitarian Republican Multicultural

Main emphasis of each theory

Individual and cultural rights and


Individual Society Society group rights

Ashenafi Gts @DDU


Citizenship in Liberal Thought
 begins with the individual person (the self).

 self exists as the true symbol of liberal theory.

 gives a strong emphasis to the individual liberty of the citizen,

 insist that individuals should be free to decide on their own conception


of the good life, and

 applaud liberation of individuals from any ascribed or inherited status.


 John Locke (1960):
 influential in early expositors of liberal theory,

 viewed individuals as endowed with reasoning skills,


 they can separate and act upon the dictates of divinely given natural law.

Ashenafi Gts @DDU


Cont’d…
• liberals deem/believe internal factors as the primary reasons that
determine personal identity.

• J. S. Mill, individuality and self-interest as the source of social, not


just personal, progress and well-being.
• province of the individual: pursuit owns interests that don‟t affect others.

• one must be free to do as one pleases without the law‟s interference.

• 3 vital principles that a liberal government must provide and protect:

• (1) equality, (2) due process- to treat individuals fairly; and (3)
mutual consent between the individual and the state.

Ashenafi Gts @DDU


Critics of Liberal Theory of Citizenship
 1st the most common problems related with advocating individualism
are free-raiders problem and the tragedy of the commons.

 2nd affirmatively valorize the privatization of personality, commitment,


and activity.

 3rd individuals have absolute freedom either to actively engage in


politics or ignore at all.

 4th they posits a State that maintains substantial normative neutrality

 5th State cannot seek to efface/abolish without endangering citizens‟


liberties.

Ashenafi Gts @DDU


Citizenship in Communitarian Thought
• Communitarianism: stresses on the importance of society in articulating the good.
• deny- interests of communities can be reduced to the interests of their
individual members.
• Privileging individual autonomy is seen as destructive of communities.

• the good of the community is much above individual rights and

• citizenship comes from the community identity.

• State must provide: policy for the common good, based on community‟s life

• is rooted and lies with the people who surround the individual.

• claims: an individual‟s sense of identity is produced only through relations

two defining features of communitarian perspective are:

1st no individual is entirely self-created; citizen and their identity constructed by society.

2nd as a consequence of assimilation, a meaningful bond occur b/n individual & his/her community.

Ashenafi Gts @DDU


Citizenship in Republican Thought
• put emphasis on both individual and group rights.
Republican
Communitarian:
attempts to incorporate the notions
 self-interested individual (liberal) and
it emphasizes on what bind citizens

 framework of egalitarian & community together in to a particular community.


belonging (communitarian)
pressurize individuals to surrender
But
 don‟t pressurize individuals to surrender their particular identities
their particular identities

Republican
advocate self-government. Liberal:
But in contrary to liberalism
advocate self-government.
 individuals must overcome their personal
inclinations and
 set aside their private interests when
necessary to do what is best for the public.

Ashenafi Gts @DDU


Cont’d…
 Republicans,

 acknowledge the value of public life.

 two essential elements of republican citizenship are: publicity and self-government.

 Critics by multicultural advocators and other scholars on republican citizenship:

1. the republican conception of citizenship is no longer realistic.

2. the conception poses a threat to an open, egalitarian, and pluralistic society.

3. the claim that citizenship involves a false ideal of impartiality.

Ashenafi Gts @DDU


Multicultural Citizenship
• Increasing diversity in States challenges particularly the liberal conceptions
of citizenship.
factors made States multinational and polytechnic include
 the rise of the ethnic revitalization movements demanding recognition of group
rights as well as individual rights;
 the structural exclusion of racial, gender, ethnic, and language groups; and
 increasing immigration throughout the world

• So conception of citizenship in a modern State should be expanded to include


cultural rights and group rights.
• There is a need to move towards a new type of
• multicultural citizenship is appropriate to highly diverse societies and
contemporary economic trends.

Ashenafi Gts @DDU


Cont’d…
 Four principles of multicultural citizenship:
i. Taking equality of citizenship rights as a starting point.
ii. Recognizing that Formal equality of rights does not necessarily lead
to equality of respect, resources, opportunities or welfare.
iii. Establishing mechanisms for group representation and participation.
iv. Differential treatment for people with different characteristics, needs
and wants.
Critics:
 differentiated citizenship would create a "politics of grievance."
 if groups are encouraged by the very terms of citizenship to turn inward
and focus on their 'difference' then the hope of a larger fraternity
Ashenafi Gts @DDU
Modes/Ways of Acquiring and Loosing Citizenship
Ways Acquiring Citizenship
By:

Birth/Origin Naturalization
/law/right to blood

Grant Application
Secession, merge, or
/law/right soil

Jus Sanguinis

Reintegration or
Adoption or
legitimation

restoration
Jus soil

Political case

subjugation

Marriage
i.e.

Children born from diplomats and refugees live in a host State because of two special principles
(international diplomatic immunities): extraterritoriality and inviolability principles.

Ashenafi Gts @DDU


The Modes of Acquiring Ethiopian Citizenship
 A legal document named “Ethiopian Nationality Law” was adopted in 1930 and
replaced by “Ethiopian Nationality Proclamation NO. 378/2003”

 Article 6 & 33 of FDRE constitution, Ethiopian citizenship state the two ways.
 1) Acquisition by Descent:
 Art. 6(1), “any person of either sex shall be an Ethiopian national where both or either
parent is Ethiopian.” The two principles under decent acquisition:

1) “Any person shall be an Ethiopian national by descent where both or either of


his/her parent is Ethiopian;”

2) “An infant who is found abandoned in Ethiopia shall, unless proved to have a
foreign nationality, be deemed to have been born to an Ethiopian parent and shall
acquire Ethiopian nationality.”

• According to the proclamation, any person can‟t acquire Ethiopian citizenship


through the principle of Jus Soli (law of soil).
Ashenafi Gts @DDU
Article 6(2) states Acquisition by Naturalization where aliens can get Ethiopian c/p.
•Grant on Application (registration): Cases of Marriage:
requirements. • marriage shall be thru in accordance
• reach the age of majority-18yrs; with the laws of Ethiopia
• lived in Ethiopia for at least 4yrs; • marriage shall lapse at least for 2yrs;
• sufficient & lawful source of income (self-reliant); • alien married live in Ethiopia for at least
• able to communicate 1 indigenous languages; 1yr pre application; and
• has good character; not recorded criminal • alien have to reach the age of majority,
conviction; • be a morally good person, and
• has been released from his/her previous nationality • take the oath of allegiance.
• takes the oath of allegiance

Cases of Adoption (Legitimating): Re-Admission to Ethiopian Nationality

• an illegitimate child get caretaker‟s c/p •Reintegration or Restoration


•a process by which a person
• need to attain at the age of majority; acquires his/her lost citizenship
• lives in Ethiopia together with his/her
adopting parent;

Citizenship by Special Cases:


an alien who has made an outstanding contribution in the interest of Ethiopia without
undergoing the pre-conditions
Ashenafi Gts @DDU
Cont’d…
• Examining and Deciding upon an Application to acquire Ethiopian Citizenship

Applicant submit relevant Security, Immigration and


documents Refuge Affairs committee

The national Affairs


committee examine the Applicant certify c/p
document via naturalization

• Dual citizenship: is the condition of being a citizen of two nations.

• Multiple citizenship: a person who acquire more than two States c/p.

• they arises because of the clash among the Jus Soli, Jus Sanguini and naturalization.

• half of all African countries still prohibit dual citizenship including Ethiopia

Ashenafi Gts @DDU


Common Ways of Loosing Citizenship
1. Deprivation is an involuntary loss of citizenship which arises

2. Lapse/expiration: is a mode whereby a person loses his/her citizenship because of


his/her permanent residence or long term residence abroad beyond the number of years
permitted by the country in question

3. Renunciation is the voluntary way of losing citizenship. UDHR (1948) the right change ones
nationality. An Ethiopian national has the full right to renounce

4. Substitution: it can be substituting the original citizenship by another state; when a


particular territory is annexed by another state;

Notice:
Statelessness: is the condition of having citizenship of any country and with no
government from which to ask protection.

Ashenafi Gts @DDU


“Ethiopia always has a special place in my
imagination and the prospect for visiting Ethiopia
attracted me more strongly than a trip to France,
England and America combined. I felt I would be
visiting my own genesis, unearthing the roots of what
made me an African”. Nelson Mandela

Ashenafi Gts @DDU

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