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Chapter Four
State, Government and
Citizenship Understanding State The term “state” has been used to refer to a bewildering range of things: a collection of institutions, a territorial unit, a philosophical idea, an instrument of coercion or oppression, and so on. • This confusion stems, in part, from the fact that the state has been understood in four quite different ways; 1. an idealist perspective, 2. a functionalist perspective, 3. an organizational perspective and 4. an international perspective. 1. The idealist approach to the state • Hegel identified three moments of social existence: the family, civil society and the state. • Within the family, he argued, a particular altruism operates that encourages people to set aside their own interests for the good of their children or elderly relatives. • In contrast, civil society was seen as a sphere of ‘universal egoism’ in which individuals place their own interests before those of others. • Hegel conceived of the state as an ethical community underpinned by mutual sympathy – ‘universal altruism’. 2. Functionalist approaches to the state • Focus on the role or purpose of state institutions. • The central function of the state is to maintain social order and stability • Such an approach has, for example, been adopted by neo- Marxists, who have been inclined to see the state as a mechanism through which class conflict is ameliorated to ensure the long-term survival of the capitalist system. 3. The organizational view • defines the state as the apparatus of government in its broadest sense; that is, as that set of institutions that are recognizably ‘public’, in that they are responsible for the collective organization of social existence and are funded at the public‘s expense. • The state comprises the various institutions of government: the bureaucracy, the military, the police, the courts, and the social security system and so on; it can be identified with the entire ‘body politic’ 4. The international approach to the state • views it primarily as an actor on the world stage; indeed, as the basic ‘unit’ of international politics. • This highlights the dualistic structure of the state: The state’s inward-looking face- the state relations with the individuals and groups that live within its borders, and its ability to maintain domestic order. The state’s outward-looking face- the state relations with other states and, therefore, its ability to provide protection against external attack. According to Article 1 of the Montevideo Convention (1933) on the rights and duties of the state, the state has four features: a defined territory, permanent population, an effective government and Sovereignty – internal and external sovereignty The contemporary political theorists and the UN considered recognition as the fifth essential attribute of the state. This is because, 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 Recognition are of two kinds: 1) Defacto - ‘fact based recognition’ 2) Dejure - ‘legal and political based recognition Rival Theories of State 1. The Pluralist State • This theory has a very clear liberal lineage. It stems from the belief that the state acts as an ‘umpire’ or ‘referee‘ in society. • The origins of this view of the state can be traced back to the social-contract theories of thinkers such as Thomas Hobbes and John Locke. • They argued that the state had arisen out of a voluntary agreement, or social contract, made by individuals who recognized that only the establishment of a sovereign power could safeguard them from the insecurity, disorder and brutality of the state of nature. • Without a state, individuals abuse, exploit and enslave one another; with a state, order and civilized existence are guaranteed and liberty is protected. In liberal theory, the state is thus seen as a neutral arbiter amongst the competing groups and individuals in society; it is an ‘umpire’ or ‘referee’ that is capable of protecting each citizen from the encroachments of fellow citizens. In Hobbes’ view, 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. Locke, on the other hand, developed a more typically liberal defense of the limited state. In his view, the purpose of the state is very specific: it is restricted to the defense of a set of ‘natural’ or God-given individual rights; namely, life, liberty and property 2. The Capitalist State The Marxist notion of a capitalist state offers a clear alternative to the pluralist image of the state as a neutral arbiter or umpire. Marxists have typically argued that the state cannot be understood separately from the economic structure of society. This view has usually been understood in terms of the classic formulation that the state is nothing but an instrument of class oppression: the state emerges out of, and in a sense reflects, the class system 3. 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 opposition towards state intervention in economic and social life, born out of the belief that the state is parasitic growth that threatens both individual liberty and economic security. The central feature of this view is that the state pursues interests that are separate from those of society (setting it apart from Marxism), and that those interests demand an unrelenting growth in the role or responsibilities of the state itself. New Right theorists explain the expansionist dynamics of state power by reference to both demand- side and supply-side pressures. Demand-side pressures are those that emanate from society itself, usually through the mechanism of electoral democracy. Supply-side pressures, on the other hand, are those that are internal to the state. These can therefore be explained in terms of the institutions and personnel of the state apparatus 4. The Patriarchal State Modern thinking about the state must, finally, take account of the implications of feminist theory. Feminist theory encompasses a range of traditions and perspectives, and has thus generated a range of very different attitudes towards state power. Moreover, feminists have usually not regarded the nature of state power as a central political issue, preferring instead to concentrate on the deeper structure of male power centered on institutions such as the family and the economic system. Liberal feminists, who believe that sexual or gender equality can be brought about through incremental reform, have tended to accept an essentially pluralist view of the state. They recognize that, if women are denied legal and political equality, and especially the right to vote, the state is biased in favor of men. Radical feminists, who argue that state power reflects a deeper structure of oppression in the form of patriarchy. There are a number of similarities between Marxist and radical feminist views of state power. Both groups, for example, deny that the state is an autonomous entity bent on the pursuit of its own interests. Instead, the state is understood, and its biases are explained, by reference to a ‘deep structure’ of power in society at large. Marxists place the state in an economic context, whereas, radical feminists place it in a context of gender inequality, and insist that it is essentially an institution of male power. The Role of the State There is profound disagreement about the exact role the state should play, and therefore about the proper balance between the state and civil society. Among the different state forms that have developed are : 1. Minimal States፡ is the ideal of classical liberals, whose aim is to ensure that individuals enjoy the widest possible realm of freedom. • From this perspective, 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. • In Locke’s famous simile, the state acts as a night watchman, whose services are called upon only when orderly existence is threatened. This nevertheless leaves the ‘minimal’ or ‘night watchman’ state with three core functions. • The state exists: to maintain domestic order to ensures that contracts or voluntary agreements made between private citizens are enforced, and To provides protection against external attack. • The institutional apparatus of a minimal state is thus limited to a police force, a court system and a military of some kind. • Economic, social, cultural, moral and other responsibilities belong to the individual, and are therefore firmly part of civil society. • The cause of the minimal state has been taken up in modern political debate by the New Right. Drawing on early liberal ideas, and particularly on free market or classical economic theories, the New Right has proclaimed the need to ‘roll back the frontiers of the state’. In the case of free-market economists such as Friedrich von Haye and Milton Friedman, state intervention is seen as a ‘dead hand’ that reduces competition, efficiency and productivity. From the New Right perspective, the state’s economic role should be confined to two functions: the maintenance of a stable means of exchange or ‘sound money’ (low or zero inflation), and the promotion of competition through controls on monopoly power, price fixing and so on. 2. Developmental States • A developmental state is one that intervenes in economic life with the specific purpose of promoting industrial growth and economic development. • This does not amount to an attempt to replace the market with a ‘socialist’ system of planning and control but, rather, to an attempt to construct a partnership between the state and major economic interests, often underpinned by conservative and nationalist priorities. 3. Social Democratic (Welfare) States • Whereas developmental states practice interventionism in order to stimulate economic progress, social-democratic states intervene with a view to bringing about broader social restructuring, usually in accordance with principles such as fairness, equality and social justice. In countries such as Austria and Sweden, state intervention has been guided by both developmental and social democratic priorities Nevertheless, developmentalism and social democracy do not always go handin-hand. 4. Collectivized States • While developmental and social-democratic states intervene in economic life with a view to guiding or supporting a largely private economy, collectivized states bring the entirety of economic life under state control. • The best examples of such states were in orthodox communist countries such as the USSR and throughout Eastern Europe. • These sought to abolish private enterprise altogether, and set up centrally planned economies administered by a network of economic ministries and planning committees. 5. Totalitarian States • The most extreme and extensive form of interventionism is found in totalitarian states. • The essence of totalitarianism is the construction of an all-embracing state, the influence of which penetrates every aspect of human existence. • The state brings not only the economy, but also education, culture, religion, family life and so on under direct state control. 6. Religious States • The modern state emerged largely through the triumph of civil authority over religious authority, religion increasingly being confined to the private sphere, through a separation between church and state. • The advance of state sovereignty thus usually went hand in hand with the forward march of secularization. • Nevertheless, the period since the 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. Understanding Government • Government refers to the formal and institutional processes that operate at the national level to maintain public order and facilitate collective action. • It is a body or organ that administers a country and main organization dealing with affairs of the whole country. • Thus, government is one of the most essential components and also an administrative wing of the state. • Any form of government, to be stable and effective, must possess two essential attributes: authority and legitimacy. Authority: It can simply be defined as ‘legitimate power’. While power is the ability to influence the behavior of others, authority is the right to do so. Legitimacy: The term legitimacy (from the Latin word legitimare, meaning ‘to declare lawful’) broadly means rightfulness. Purposes and Functions of Government Self-Preservation Distribution and Regulation of Resources 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 Understanding Citizenship • Citizen refers to the person who is a legal member of a particular state and one who owes allegiance to that State. • Citizenship simply denotes to the network of relationships between the State and the citizen. Citizenship refers to the rules regulating the legal/formal relations between the state and the individual with respect to the acquisition and loss of a given country‘s nationality. Generally, the concept of citizenship varies from society to society, depending on the place, the historical moment and political organization. Although differences may exist, there are common elements such as rights, duties, belonging, identity and participation one can find in definitions of the term. i. Citizenship as a Status of Rights ii. Membership and Identity iii. Participation iv. Inclusion and Exclusion Modes/Ways of Acquiring and Loosing Citizenship Ways of Acquiring Citizenship The common ways of acquiring citizenship can be grouped in to two: citizenship by birth and citizenship through naturalization/law. 1) Citizenship from birth/of Origin: • Are of two kinds; , ‘Jus Soli’ means ‘law or right of the soil’ and , ‘Jus Sanguinis’ means law or right of blood’. 2) Citizenship by Naturalization/Law: • The common sub-principles of acquiring citizenship through naturalization are the following. Political case (secession, merger and subjugation), grant on application, marriage, adoption, and reintegration/restoration. The Modes of Acquiring Ethiopian Citizenship • Before the 1930, there wasn’t officially inscribed legal document that deals with citizenship. 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. 1) Acquisition by Descent: • the 1930 Ethiopian nationality law asserted that “any person born in Ethiopia or abroad, whose father or mother is Ethiopian, is an Ethiopian subject. • Article 3 of the 2003 nationality proclamation ascribed two principles: a), “any person shall be an Ethiopian national by descent where both or either of his/her parent is Ethiopian;” b), “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”. 2) Acquisition by Law (Naturalization): • Under this, there are various ways of acquiring Ethiopian citizenship in accordance with of 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): happens when an alien requests a host state to be granted citizenship status of the country in question. 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) 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 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 8. takes the oath of allegiance 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 who is married to an Ethiopian citizen have the possibility of acquiring Ethiopian citizenship if he /she fulfill the following condition. These are: 1. The marriage shall be thru in accordance with the laws of Ethiopia or the State where the marriage is contracted; 2. The marriage shall lapse at least for two years; 3. The alien married to an Ethiopian citizen have to live in Ethiopian for at least one year preceding the submission of the application; 4. the alien have to reach the age of majority, be a morally good person, and lastly take the oath of allegiance 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 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. d) Citizenship by Special Cases: as it is labeled in Article 8, an alien 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. e) Re-Admission to Ethiopian Nationality (Reintegration/ Restoration): This is a process by which a person acquires his/her lost citizenship if he/she fulfill the following requirement( art.22,pro.no.378/2003). 1. the person could be readmitted to Ethiopian nationality if he/she applies to the Security, Immigration and Refugee Affairs Authority for re- admission. 2. he/she has to return and domiciled in Ethiopia and renounces his foreign nationality to get back Ethiopian nationality. Dual 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 multiple citizenship. Duality/multiplicity arises because of the clash among the Jus Soli, Jus Sanguini and naturalization. Ways of Loosing Citizenship The common ways of losing citizenship are deprivation, renunciation, lapse/expiration and substitution. a) Deprivation is an involuntary loss of citizenship which arises while government authorities or court take a decision to nullify an individual‘s citizenship. The citizen may be deprived of his/her citizenship for reasons of ; uncovering national secrets, non-compliance with citizenship duties (duty of loyalty), loss of genuine link with his/her state, flawed acquisition of citizenship, promising loyalty to and/or serving in armed force of another country, trying to overthrow the government by force, seriously prejudicial behavior, and becoming naturalized in another country. b) Lapse/expiration is another way of losing citizenship which is not applicable to Ethiopia. Lapse 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. c) Renunciation is the voluntary way of losing citizenship. However, the person who has renounced a country’s nationality may not be actually released from that status until he/she has discharged his/her obligations towards that particular State or accused of a crime. d) Substitution: citizenship may be lost when the original citizenship is substituted by another state, where it is acquired through naturalization. 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. Statelessness It is the condition of having citizenship of any country and with no government from which to ask protection. According to the international law, stateless person is a person who is not considered as a national by any state under the operation of its law.