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Chapter 4.
Chapter 4.
Unit Objectives
After the successful completion of this lesson, students will be able to:
1. Define the terms of state, government and nationality (citizenship).
2. Differentiate the rights and duties and responsibilities of citizens.
3 . List and explain differences and similarities of the state,
government and citizenship.
4. Comprehend (understand) the weaknesses and strengthens of the
various state structures and government systems.
5. Mention the ways of acquiring and losing citizenship in general and
Ethiopian citizenship in particular.
4.1 Introduction
Citizenship.
4.2 Understanding of State
Brainstorming:
• Define what state is?
• What are the essential features or elements of state?
4.2.1 Defining State
• State is the most highly organized and significant political structure of a
society.
• However, the notion or idea of a State goes beyond the concept of a country.
• Generally, a State consists of the following main features or elements. These are:
3. International recognition
4. Government
5. Sovereignty (Independence)
• For the existence of state, these five features/elements are important requirements .
1. Permanent population: It is the first and one of the most important elements
of a state. Population refers to people living together in a defined territory
of a state.
• The population of a state in a defined territory may vary in religion,
nationality, beliefs and tradition.
• Nevertheless, with all their diversities they exist together in a political
community.
• The existence of a state is not determined by the size of its population.
• That is, as there are states of large population, there are also states of even
less than a million people. All are states with their own population.
2. Territory: It is the landmass and its resources, and which
are administered by a state.
• The territory of a state requires a recognized boundary or
demarcation, which is known to international agreements.
• Natural resources within the territory also belong to the
state and its people.
• In principle, no state should claim the natural resources of
another state.
3. Government: It is a system of administration in which the
policies and plans of a state is formulated and realized.
• Government is the executive or decision making agent
(body or organ) that acts in the name of the state and its people.
• As an agent of a state, a government works to promote and
safeguard the interests of its population and maintains its
territorial boundaries.
4. Sovereignty: Sovereignty is the supreme power by which any independent state is
• Sovereign or self-government has the power to make, execute and apply laws; to impose
and collect taxes, to make war or peace, to have relations with foreign countries
according to the international norms (to the international laws and standards) and
conventions, etc.
• Thus, sovereignty implies the final authority of the state over all matters.
5. International Recognition: It is the formal acceptance by
another independent and legal / recognized country or State.
• The state keeps the members of the society together as
citizens.
4.3 The Role of State
Brainstorming Questions:
belong to the individual, and are therefore firmly part of civil society.
• In the writings of Robert Nozick (1974) and Lockean, liberalism based on a
defense of individual rights, especially property rights by the New Right
perspective.
• From the New Right perspective, the state’s economic role should be confined to
two functions:
• It therefore, tends to focus upon the generation of wealth and the equitable or just
distribution of wealth.
• The adoption of welfare policies has led to the emergence of so called ‘welfare states’,
whose responsibilities have extended to the promotion of social well-being among their
citizens.
• In this sense, the social-democratic state is an ‘enabling state’ dedicated to the principle
of individual empowerment.
4.4.4 Collectivized (socialist) States
• While developmental and social-democratic states intervene in
economic life with a view to guide or support largely a
private economy. However, collectivized (socialist) states
bring the entire economic life under state control.
Collectivized states largely support state ownership over
private property.
• The best examples of such states were communist countries
such as the USSR and throughout Eastern Europe.
• These states abolish private enterprise or eradicate
(eliminate) private ownership.
• The economic system in the collectivized states are called
‘command economy, which is established and organized
through a system of ‘directive’ planning that was ultimately
controlled by the highest organs of the communist party.
• However, the use of the state to attain this goal suggests a
more positive attitude to state power as outlined in the
classical writings of Marx and Engels (1820–95).
• Marx and Engels by no means ruled out nationalization;
Engels, in particular, recognized that, during the ‘dictatorship
of the proletariat’, state control would be extended to include
factories, the banks, mode of transportation and so on.
4.4.5 Totalitarian (authoritarian) States
• The most extreme and extensive form of interventionism is
found in totalitarian states.
• Such states predominantly control and nationalize not only the
economy, but also education, culture, religion, family life
and so on under direct state control.
• The best examples of totalitarian states are Hitler’s Germany
and Stalin’s USSR, and Saddam Hussein’s Iraq.
The central pillars of such regimes are a comprehensive process of
surveillance and terroristic policing, and a pervasive or general system
of ideological manipulation and control.
In this sense, totalitarian states totally control and extinguish or
disappear or abolish the private sphere of life altogether.
From this perspective (view point), the advance of human civilization
can clearly be linked to the aggrandizement or overstatement and
glorification of the state and the widening of its responsibilities.
4.4.6 Religious States
• The period since the 1980s has witnessed the rise of the religious state,
driven by the tendency within religious fundamentalism and view
religion as the basis of politics.
• Fundamentalist movements have typically looked to seize or hold control
of the state and to use it as an instrument of moral and spiritual
regeneration.
• This was evident, for instance, in the process of ‘Islamization’ introduced
in Pakistan under General Zia-ul-Haq after 1978, the establishment of
an ‘Islamic state’ in Iran as a result of the 1979 revolution, and, despite
its formal commitment to secularism, the close links between the Sri
Lankan state and Sinhala Buddhism.
• Strictly speaking, religious states are founded on the basis of religious
principles, and explicitly theocratic features operating in a context of
non-constitutional secularism.
4.5 Government and Forms of Government
What is Government?
Government is the fundamental organ or body of a state. It is the administrative agent
or governing wing of a state.
• The socio-economic, political, cultural and military purposes of a state are planned
and enforced or implemented by the various branches and institutions of
government.
• Thus, government is representative body of a state.
• The distinctive features of government are the following:
1. A government has comprehensive and all-inclusive authority to make
laws, policies, rules and regulations of a state.
2. A government has legitimate (recognized) and monopolistic authority, power
and right to use force against lawbreakers.
3. A government has independent or full authority and power to put lawbreakers
(lawless persons) in to prison.
• In principle, all the above distinctive features of government are accepted or
recognized by at least all citizens.
• This is because citizens believe that government is able to make and enforce laws
(rules and regulations) for the public safety and development at large.
• A government has the ability to rule or control others, making
on.
• Some governments may decide that the resources should be controlled by the
public (government), which commonly known as socialist states and others may
• In addition, other states may place in between, that is the resources could be
Brainstorming Question:
• What does the term citizenship means for you?
4.6.1 Defining Citizenship
• As you can remember, in chapter one of this course, we have seen the
definitions of citizenship.
• Citizenship is simply defined as the network of relationships between the
Citizen and the State.
• As such, citizenship denotes or refers to the rules regulating the
legal/formal relationship between the State and the individual (the
given citizen).
• There are common elements of citizenship, which include, rights and
duties and responsibilities belonging to citizens.
Citizenship as a Status of Rights: a citizen who has a citizenship
status enjoys different rights.
Civil (human) rights: which are necessary for the development
of individual liberty;
Political rights: which are necessary to participate in the exercise
of political power, as an elected member or as a voter, and
Social rights: which are guarantee or the right to public safety,
the right to health, the right to education, etc.
• Each right is often pursued in specific institutional forums: civil
rights are mainly exercised in the legal systems (in the
courts); political rights are used in voting and street protests;
social rights are often activated in government buildings.
• Oldfield (1990), Mouffe (1992) and Lister (1997) conceptualize
citizenship as both a status and an active practice.
• Citizenship as a status harmonies and solidarities a range of
rights and obligations. That is why; Jones and Gaventa (2002)
assert that rights and obligations lie at the heart of the language
of citizenship.
• A citizen is a person who has the privilege to enjoy the
citizenship rights.
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.
• Furthermore, no one including the State has any legitimate authority
to interfere with the citizen’s freedom (liberty right) except to
prevent harm to others.
• For instance, every citizen has the liberty right or freedom to
movement as indicated from articles 25 to 34 of the FDRE
constitution).
b) Claim Rights: Claim rights are rights enjoyed by individuals when others
discharge their obligations.
• Hence, in contrast to liberty rights, claim rights impose a corresponding duty
on others to help, respect and protect the bearers (the right holders).
• For instance, social rights such as unemployment and public service benefits
are claim-rights that directly depend on taxes paid by others.
• To mention, a contract between employer and employee confers on the
employee a right to be paid his/her wages or salaries.
• The employee has a claim right that the employer has a duty to the
employee to pay those wages.
• Article 41(3 and 4) of the FDRE constitution underlines the responsibility of
the government to avail (benefit) publicly funded social services such as
health and education since all Ethiopian citizens have the rights to enjoy
such basic privileges and claim rights.
c) Power Rights: Power rights are controls that impose power on others.
The holder of a power right, be it a government or a citizen can
change or cancel other people’s own rights or privileges.
• For example, Article 40(1) of the FDRE constitution asserts that
Ethiopian citizens have the power rights to the ownership of private
property. According to this constitutional articles, citizens have the
power rights to modify, sale, donate or transfer their property to a
third party.
• As it is stated in Article 33(3), the FDRE constitution, every Ethiopian
citizen has the right to renounce (reject or leave) his/her Ethiopian
citizenship/nationality which shows the power rights of the citizens.
• Similarly, a government has also the power to modify legal rights to
impose or remove duties from citizens.
d) Immunity (protection) Rights: Immunity rights entail (involve) the
absence of a power from other party to alter (change) the right-
holder’s normative situation in some way.
• For instance, civil servants have a right not to be dismissed from
their job after a new government comes to power.
• Witness in the court has a right not to be ordered to incriminate or
impeach himself/herself.
• Additionally, as it is affirmed in Article 18(3) of the FDRE
constitution, “no one shall be required to perform forced or
obligatory labour”.
• Immunities also comprise compensation for rights violations that
occurred in the past and at least partially make up for past injustices
or uneven burdens.
Citizenship as Membership and Identity: Citizenship is associated
with membership of a political community, which implies
integration into that community with a specific identity that is
common to all members who belongs to it.
• The criteria for membership have been linked to shared
territory, common culture, ethnic characteristics, history, etc.
• It obviously implies that only ‘good’ citizens are genuine
citizens in the full meaning of the term.
Citizenship’s Participation: Participation occupies a key position in citizenship. Of
• Some people focus on their private affairs while others actively participate in the
considered as citizens.
of citizens.
• In the modern time, corporations’ duty and responsibility is not
restricted to protect the environment and paying tax.
B) By naturalization/by law.
i) Acquiring or attaining citizenship status by birth
2. Citizenship attainment through political processes. The political case refers to acquisitions of
– Whereas cession is voluntary process i.e. referendum process. E.g. the case of Eritrea.
3. Citizenship attainment by reintegration or restoration. It is the replacement of
the newly attained citizenship status by the old or previous one.
4. Citizenship attainment by option: - This is a modern development due to the
direct participation of the inhabitants in their status of citizenship. E.g. when the
territory of India was divided in to Pakistan and India 1947.
5. Citizenship attainment by legislation decisions. sometimes the state legislature
enacts or ratifies laws regarding acquisition and loosing citizenship status.
E.g. A state confers /gives/ honorary citizenship status to foreign dignitaries and
people of prominence (recognition) when a foreigner gives a unique contribution in
requested country.
6. Citizenship attainment by special case. It could be given for those people who are
stateless or whose country is in a situation of grave or serious civil war, famine
or any other natural devastation.
7. Defacto-citizenship attainment by claim. A person who married a foreigner
without undergoing the required legal processes of marriage could claim
citizenship status on the bases of the rights of married citizens.
4.7.2.1 Dual (Double) Citizenship
• Dual citizenship is the condition of being a citizen of two nations.
• Of course, a person may acquire more than two States which is called
duality/multiple citizenship.
• For example, a baby born to a French family visiting the United States would
acquire U.S. citizenship by birth and acquire French citizenship by decent
(blood).
• A child born from a mother and father of two different countries could acquire dual
citizenship through decent (blood).
• However, Ethiopia prohibits (disallows) its citizens to have
dual citizenship.
• Article 20(1) of the 2003 nationality proclamation asserts that
“any Ethiopian national who voluntarily acquires another
nationality shall be deemed or considered to have voluntarily
renounced (rejected or leaved) his/her Ethiopian
nationality.”
4.7.2.2 The Modes (ways) of acquiring or attaining Ethiopian Citizenship
status
• Before the 1930, there wasn’t officially inscribed legal document that
deals with citizenship in Ethiopia.
• But in 1930, Ethiopia adopted a legal document named as “Ethiopian
Nationality Law”.
• Recently, this nationality law has replaced by another legal document
called “Ethiopian Nationality Proclamation NO. 378/2003” which
was adopted in 2003 by the House of People’s Representatives.
• This proclamation is enacted or ratified in accordance to article 6(1) of
the 1995 FDRE constitution and confirmed that a person can acquire
Ethiopian citizenship status either by birth or by naturalization (by law).
• Now, let’s discuss the ways of acquiring Ethiopian citizenship included
in the 2003 nationality proclamation.
1) Acquisition (acquiring or attaining citizenship status) by
Descent/blood/:
• One, “any person shall be an Ethiopian national by descent or blood
where both or either of his/her parent is Ethiopian parent.”
• Second, “according to the proclamation, any person can’t acquire
Ethiopian citizenship status through the principle of law of soil. ”
• It means that children born in the territorial administration of Ethiopia
do not have the right to acquire Ethiopian citizenship.
• In other words, birth place of a child is not a requirement to acquire
Ethiopian nationality.
• Wherever a child was born, he/she has the right to attain Ethiopian
citizenship if, and only if, he/she is born from an Ethiopian father
or mother or both Ethiopian parents.
2) Acquisition by Naturalization (by Law): Article 6(2) of the
1995 FDRE constitution also avers or states that aliens
(foreigners) can get Ethiopian citizenship status.
• Under naturalization (law), there are various ways of acquiring
Ethiopian citizenship in accordance with the amended
Ethiopian nationality proclamation of 2003 recognized by the
provisions of Articles 5 to 12 of the 2003 nationality
proclamation. These are:
a) Grant on Application (registration): It happens when an
alien or a foreigner requests a host state to be granted
citizenship status of the country in question.
• However, Ethiopia does not simply grant citizenship status to
those who apply unless they fulfill certain requirements.
• The common ones are applicant’s age, length of residence in
the host country, criminal conviction, income and moral
character or good personality.
• For instance, according to Article 5 of the 2003 Ethiopian
nationality proclamation, an applicant shall get Ethiopian
nationality if, and only if, he/she:
(1) reach the age of majority (18 years and above);
(2) lived in Ethiopia for a total of at least four years;
(3) has sufficient and lawful source of income (economically
self-reliant);
(4) is able to communicate in any of the indigenous languages
spoken in Ethiopia;
(5) has a good character (good personality);
(6) has not recorded criminal conviction;
(7) has been 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 a stateless person; and
(8) takes the oath (vows or promises) of allegiance (loyalty)
indicated in Article 12 of the proclamation: “I-----, solemnly
affirm that I will be a loyal national of the federal democratic
republic of Ethiopia and be faithful to its constitution”.
b) Cases of Marriage: an alien (a foreigner) who is married to an Ethiopian
citizen has the possibility of acquiring Ethiopian citizenship.
• Yet, there are certain preconditions set in Article 6 of the proclamation in
which the marriage and the alien or the foreigner married to an Ethiopian
citizen must fulfill just to allow the foreigner acquire Ethiopian nationality
by law.
• One, the marriage shall be done (completed) in accordance with the
laws of Ethiopia or the State;
• Second, the marriage shall lapse at least for two years;
• Third, the foreigner married to an Ethiopian citizen has to live in
Ethiopia for at least one year preceding the submission of the
application; and
• Fourth, the foreigner has to reach the age of majority i.e. 18 years and
above;
• The foreigner should be a morally good person, or he/she has a good
character and good personality;
• Lastly, he/she takes the oath (vow) of allegiance (loyalty) stated under
Article 12 of the proclamation.
c) Cases of Adoption (Legitimating): This process whereby an
illegitimate child get citizenship status of his/her caretaker’s
Ethiopian nationality.
• In this case, Article 7 of the nationality proclamation asserts that a
child adopted by and grown under the caretaker of Ethiopian
citizen has the right to acquire Ethiopian citizenship.
• The child could get Ethiopian citizenship even if the adopted child
has not yet reached the age of majority (18 years); but the child
lives in Ethiopia together with his/her adopting parent; and
• The child has been 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 a stateless person.
d) Citizenship status by Special Cases: as it is labeled in Article 8, an
alien (a foreigner) who has made an outstanding contribution in the
interest of Ethiopia may be conferred with Ethiopian nationality by
law without undergoing the pre-conditions stated in Article 5 (sub-
articles 2 and 3) of the 2003 Ethiopian nationality 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 spoken in Ethiopia.
e) Re-Admission/Restoration to Ethiopian Nationality: This is a process by
which a person acquires his/her lost citizenship status.
• The 2003 Ethiopian nationality proclamation acknowledges this principle
in its Article 22.
• That is, a person who has lost Ethiopian citizenship status may get back
Ethiopian nationality according to Article 22.
• However, there are requirements in which the person is expected to fulfill.
• In this case, the person could be readmitted or restored to Ethiopian
nationality if he/she applies to the Security, Immigration and Refugee
Affairs Authority for the purpose of re-admission or restoration.
• In addition, he/she has to return and domiciled or dwelling in Ethiopia
and renounces (rejects or leaves) his foreign nationality to get back
Ethiopian nationality.
Examining and Deciding upon an Application to acquire Ethiopian Citizenship
status
• An application to obtain Ethiopian nationality by law shall be accompanied with
relevant documents and shall be submitted to the Security, Immigration and
Refugee Affairs Authority (Article 10 of the proclamation).
• Then, the application shall be examined by the Nationality Affairs Committee
(Article 11 and 23 of the proclamation), a committee comprises five members,
namely:
(i) A representative of the Security, Immigration and Refugee Affairs Authority
(chairperson);
(ii) A representative of the Ministry of Foreign Affairs (member);
(iii) A representative of the Ministry of Justice (member);
(iv) A representative of the Federal Police Commission (member); and
(v) A representative of the Nationality Affairs Authority (member and
secretary).
• After proper evaluation of the application, the Committee has
to submit its recommendation to the Security, Immigration
and Refugee Affairs Authority.
• If the committee’s recommendation got approval, the applicant
shall take the oath of allegiance in front of the committee (see
article 12 of the proclamation).
• Lastly, the applicant confers with a certificate of
naturalization and become legally an Ethiopian national.
Class Discussion:
• Do you think that a person could acquire more than
one country’s citizenship status?
• Discuss with your classmates the possibility of
acquiring dual/multiple citizenship.
4.7.3 Ways of Loosing Citizenship Status
• Citizenship status can be lost in different cases.