Chapter Three

Understanding Citizenship

Definitions
Membership to a state/country full membership of an
individual to a given state with corresponding obligations &
special rights
A politico-legal r/n s/p b/n Individuals & the state

07/21/2022 1
 Cont…
Almost all people in the world have
citizenship in at least one country.
Not all the people in a nation are citizens
of that country. For example, many
countries have noncitizen nationals.

2
o
Is the relationship of an individual to a state rights &
obligations

Aliens
People who are neither citizens nor noncitizen nationals of a
country.
Can be citizens or noncitizen nationals who are traveling/living
in another state. Some have Visa others are Illegal aliens
But all the aliens must obey the laws of the country in which
they are traveling or living, except for those that bind only
citizens like giving military service.
Many nations grant diplomatic immunity to aliens who
represent foreign governments
3
Citizenship is a relationship between an individual and the state by which the
former owes allegiance and the latter owes protection.

States cannot be understood in the absence of citizens and citizenship. In the

same way, citizenship cannot be explained without the state.

Thus, the notion of citizenship is important both to the state and to individuals,

In this context, citizenship thus refers to the broad study of rights and duties of
citizens.

It is the official recognition of an individual’s integration in to the political

system by denoting the status of a person as a member of a particular country.

 Put differently, without the status of citizenship, a person would be “stateless”

and hence would loss official recognition to exercise citizenship rights and fulfill
responsibilities.
4
Aspects/dimensions of citizenship
citizenship universally understood in terms of the following three
basic aspects.
The social aspects of Citizenship: this refers to the rights and duties of

citizens that are directly related to social and cultural norms and values.
In other words, it refers to a situation in which citizenship can be

attained for example through parent’s nationality, adoption, marriage etc

which are all products of social processes.
the social aspect of citizenship discloses that the rights and

duties associated with citizenship status are socially determined

and also distributed
5
The legal aspects of Citizenship: this aspect can be best

understood from the statement which reads “citizenship entails a

relationship between an individual and a state originating under
terms prescribed by the law of that state and giving rise to certain
duties and rights, which such law attaches to citizenship”.

What this explanation reveals is, therefore, the fact that

different countries can pursue different laws in granting and

denying citizenship status or even the same country can have
different laws depending up on the prevailing political conditions
of that state.
6
The political aspects of Citizenship: this implies that the

political system in a country affects the citizenship status.

 For example, in a dictatorial or authoritarian political system,

the rights and privileges of citizenship are enjoyed by a small

group of the society but the majorities are merely required to
fulfill their responsibilities or duties as members of that country,

In a democratic systems, however, citizens are expected to

express their allegiance to their nation and obey the laws and
reciprocally they are treated equally without any discrimination.

7
Mandatory Reading regarding Ethiopian case
Nationality Proclamation No 378 /2003

8
Modes/Ways of Acquiring & Loosing Citizenship
Ways of Acquiring Citizenship
By Birth
* (1) The right to citizenship in the country of one’s
birth is called jus soli (right of soil).
* (2) The right to citizenship in the country of one’s
parents is called jus Sanguinis (right of blood).

By Law/Naturalization
It is the legal process by which foreigners become
citizens of a country. Each state sets requirements for
this purpose.
9
The Ways of acquiring an Ethiopian citizenship
By Birth
Any person shall be an Ethiopian national by
descent where both or either of his/her parents is
Ethiopian-- Ethiopian Nationality Proclamation of
2003, article 3(1)
By Law (Naturalization):
Art.4 says any foreigner may acquire Ethiopian
nationality by law in accordance with the
provisions of Articles 5-12 of the proclamation

10
Marriage:
A foreigner who is married to an Ethiopian
national may acquire Ethiopian nationality by
law when he/she fulfills the requirements
(Article 6)
1/The marriage is concluded in accordance
with the Ethiopian laws or in accordance
with the laws of any other country where
the marriage is contracted;

11
Cont….
2/ There is a lapse of at least two years since
the conclusion of the marriage;
3/lived in Ethiopia for at least one year
preceding the submission of the
application; &
4/Fulfilled the conditions stated under
Sub-Articles (1), (7) & (8) of Article 5 of
this Proclamation

12
Legitimating (Cases of Adoption)
Child adopted by Ethiopian national may acquire
Ethiopian nationality by law. (Article 7 ) if;
1/ Has not attained the age of majority;
2/  Lives in Ethiopia together with his adopting  parent;
3/  Where either of the adopting parents is a
foreigner, such parent has expressed his consent in
writing; &
4/ It should be stateless

13
Citizenship by Special Case:
- A foreign who have made an outstanding
contribution in the interest of Ethiopia
irrespective of art.5 (2 &3) conditions. (article 8)

Grant on Application:
Depending on their rules, different countries adopt
requirements to grant citizenship by application.
(article 5)

14
 Cont……..
1. Have attained the age of majority (18)
2. Have established domicile in Ethiopia &
lived in Ethiopia for a total of at least four
years preceding the submission of his
application;
3. Be able to communicate in any one of the
languages of the Country;
4.Have sufficient & lawful source of income ;
5. Be a person of good character;
15
 Cont…..
6.Have no record of criminal conviction;
7. 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
8. Be required to take the oath of allegiance
(Article 12).
“ I – – – -, solemnly affirm that I will be a loyal
national of the Federal Democratic Republic of
Ethiopia and be faithful to its Constitution”.
16
 Cont….
Reintegration (Restoration):
A person who has lost his/her citizenship due
to some reasons may get it back if he/she
fulfills some conditions. (article 22 ):

a) Returns to domicile in Ethiopia;

b) Renounces his foreign nationality; &
c)Applies to the Authority for re-admission.

17
 Other Ways of Acquiring Citizenship
Citizenship by Political Case
refers to acquisition of citizenship by conquest or cession of
territory. Cession is voluntary process where as conquest is
coercive act.
 Defacto Citizenship (Citizenship by Claim)
A woman/man can marry another national without undergoing
the required legal procedure of marriage can possibly claim
citizenship of her husband’s (his wife’s) country.
Such kind of citizenship by claim is termed as apparent
nationality.

18
 The Ways of loosing Citizenship
Renunciation (Expatriation)
The 1948 UDHR (Article 15(2)) provides the
right to individuals to renounce/ give up/ reject
his/her citizenship & seek the citizenship of some
other state according to his/her choice.
Article 19 of Ethiopian nationality proclamation
a) Has discharged his outstanding national
obligations; or
b) Where he/she has been accused of or
convicted for a crime, he has been acquitted or
served the penalty.
19
Substitution
According to the Ethiopian Nationality
proclamation of 2003, (Article 20)
- Ethiopian nationality can be lost upon the
acquisition of other nationality
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

Article 17- non deprivation of Ethiopian nationality

20
Cont…
No Ethiopian may be deprived of his
nationality by the   decision of any
government authority unless he
loses his Ethiopian nationality
under Article 19 or 20 of this
Proclamation.

21
Lapse
Citizenship may be lost, if a person stays outside his/her
country for a long and continuous period of time.

For example, the Indian nationality law, if an Indian stays

outside his/her country continuously for more than seven
years, the person will loose his/her Indian citizenship by
the principle of lapse.

According to the Ethiopian Nationality proclamation of

2003, the principle of lapse has no application in Ethiopia.

22
Statelessness:
Lack of citizenship in any country. Children of aliens born
stateless if the country of their birth does not grant jus soli
and the parents’ homeland does not grant jus sanguinis.

23
 Chapter Four
CONSTITUTION DEMOCRACY & HUMAN
RIGHTS
Definition of Constitution of a state:
the fundamental/basic law of a state w/c:
(a) Determines the organization of the government,
(b) Specifies the powers and functions govn’t organs and
agencies,
and restrains the extent &methods of exercising the
legislative, executive & judicial powers,
(d) the r/ns b/n the government & the people (citizens),
(e) the basic political principles that should be followed.

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Constitutionalism: is the doctrine that
governments should be faithful to their
constitutions.

Constitutionalism is the belief that constitution of

a state is the best arrangement of things and
activities in a society.

It is a state of being subject to limitations and

that operates in accordance with the general rules
and laws rather than arbitrary.
. 25
Framework for Government:
Major Purposes and Functions of Constitution

 as an organizational charter or institutional blue

print
 general outline of duties and rights of governments.
 It also establishes and defines the very structures of
governments and outlines the responsibilities and
tasks of these structures of government.
Provides Government Stability:
- it formalizes and regulates relationships between political
bodies, and provides mechanisms through which any potential
burnable conflicts can be adjudicated and resolved.

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Limits the Powers of a Government: limiting
the powers of governments is one of the primary
purpose and functions of a constitution of a state

Protects Individual and Collective Rights

and Freedoms of Citizens:

The Supreme Law of a Country: Constitution

of state is the source of all laws in a country.

As the Vehicle for Empowering States

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Classification of Constitutions
Based on their form
Written (Codified) Constitution: key provisions are collected
in a single legal document. It overrides ordinary laws passed by
the legislature.
It is full of clarity, it has the quality of stability, the Rights and
liberties of the people are secured. It has educational Value.
Unwritten( un-codified) Constitution
a set of rules, regulations, declarations/laws passed by either a
legislature
not compiled in a single document The possibility to
make/unmake laws.
has the quality of elasticity and adaptability. It is dynamic in
that it prevents chances of popular uprisings.
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Based on their amendment procedure
Rigid Constitution:
not adapt itself to changing circumstances
a complex or difficult amendment procedures .

Flexible Constitution:
adapts easily and immediately to changing
circumstances. The legislature has the
unchallenged and unconstrained power to make
laws on any issues and affairs.

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Effective Vs Nominal Constitution: the degree of
constitution’s observed in practice
Effective Constitution:
- the practical affairs of government correspond to the
provisions of the constitution. The constitution limits
government behavior &activities. constitutional +
Constitutionalism.
Nominal /Facade/ Constitution: const/n fails to limit the
government in practice.
- a paper value- absence of constitutionalism.

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Discuss about the foundation, nature and character of
Ethiopian constitutions
1. the 19 31
2. the 1955 revised constitution
3. the 1987 PDRE constitution
4. the transitional charter
5. the 1995 FDRE constitution

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Definition and Ways of Exercising Democracy
Etymologically the word democracy comes from the
two Greek words- “Demos”-people &“kratein”- to
govern or to rule. Therefore;
Democracy is government of the people, or government
of the majority. Therefore, it is different from monarchy,
aristocracy and dictatorship.
According toAbraham Lincoln- democracy can be
defined as “the government of the people, by the people
& for the people”.
Other scholars have also defined it as management of
conflict.
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Ways of Exercising Democracy
(A) Direct democracy(Exercising democracy in
person:
- the right to make political decisions is exercised
directly by the whole body of citizens acting
under procedures of majority rule (referendum,
local meetings/discussions)
(B) Indirect democracy (Representative
Democracy):
- citizens exercise their rights and freedoms &
discharge their obligations not in person but through
representatives chosen by themselves.
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Theoretical Approaches for Understanding Democracy
Procedural view of Democracy: focuses on the
procedures that enable the people to govern themselves;
meetings to discuss issues, voting in elections, running for
public offices. It seeks to address (a) Who should
participate?, (b) How much should each participants’ vote
count?, and (c) How many votes are needed to reach a
decision?
The Substantive view of Democracy: emphasizes on the
substance of government policies/laws/rules/regulations,
not on the procedure followed in making these. What
principles are incorporated and where?
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 Fundamental Principles of Democracy
Popular Sovereignty (Sovereignty of the People): the only
legitimate source of government authority is the consent of the
governed
The Rule of Law: both government and the governed/citizens
are, and must be, subject to the laws of a country
Separation of Powers: the legislative, executive & judicial
powers of a government should be separated
Checks and Balance: powers given to the different bodies of
a government are balanced so that no branch can completely
dominate the others
Majority Rule and Minority Rights/Political Tolerance

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Civilian Control of Military: the head of government or
state is the commander in chief of the armed forces and that
parliament has the power to declare war.
Secularism: Article 11 of FDRE Constitution: (a) State and
religion are separation; (b) There shall be no state religion;
and (c) the state shall not interfere in religious matters and
religion shall not interfere in state affairs.
Accountability: elected/appointed officials have to be
accountable to the people. They are responsible for their
actions. Officials must make decisions & perform their duties
according to the will & wishes of the people.
Transparency: the people must be aware of what is
happening in the country through public meetings and allows
citizens to attend.
Regular/periodic, Free and Fair Elections
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 What are Democratic values?
Public Good: assumes that the democratic political community as a
whole has a set of values & interest that affect all its members in
common.
Rights: All men are endowed by their creator with certain
unalienable rights.

Justice: essentially synonymous with the idea of fairness. - -

(a)Distributive Justice; which is about the distribution of benefits
and burdens in society should be fair.
(b)Corrective Justice: Corrective Justice is the idea that fair and
proper response should be used to correct wrongs and injuries.
(c)Procedural Justice: procedures used for gathering information
and making decisions.
Equality: Political, economic, social and cultural equality
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 Theories of Democracy
A. Liberal Democracy
What is liberalism?
It is a political philosophy founded on the ideas of liberty and
equality. It is about free and fair election, civil rights, freedom
of press, religion, trade and the right to life, liberty and
property.
What is Liberal Democracy?
A system of governance by which the people;
Govern themselves,
Criticize their leaders and
Elect their leader in election. Or

07/21/2022 38
 Cont….
A system of governance which advocates the
principle of private enterprise and the
guarantee of basic civil and political rights
and freedoms like;
Freedom of speech,
Freedom of thought,
Freedom of expression,
Freedom of religion,
The right to elect and to be elected, etc
07/21/2022 39
Basic belief of liberal democracy
People of different interests &
backgrounds have different political
opinions.
Democratic government rests on public
opinions b/se there is freedom of
expression.
Aims at the just and rational organization
of authority in human society under the
guise of the system of capitalism.
07/21/2022 40
State intervention in individual affairs

-Inorder to protect individuals and sections

of society from the evils of free private
enterprise, and to promote greater social
efficiency (Positive intervention).
However,
-Liberal democrats accept inequality or
privilege so as to safeguard individual
freedom. Which is in contrary to social
justice?
07/21/2022 41
 B. Social Democracy
What is Social Democracy?
Is a system of governance which calls for social justice
and economic empowerment of the subaltern classes.
That is:
Concerned with the provision of social security service,
housing, free education, health and medical cares, and the
like.
A system of governance that supports social
interventions to promote social justice within the
framework of a capitalist economy,
It is the result of two factors,
 The changing nature of national economies.
 The changing nature of economic relations among society.
07/21/2022 42
 Objectives
Social democracy is sometimes called social equality,
 To give all citizens equal rights under the law. Meaning;
- All laws apply equally to all citizens regardless of their
wealth, race, & religion, ideological outlook, sex, and the
like.
 To bring about equality and classless society through
reform within the guise of capitalism.
-It recognizes that individual background, abilities, efforts
and so on determine his/ her way of life. And hence this is
to ensure everyone an opportunity to make full use of
his/her abilities

07/21/2022 43
C. Economic Democracy
What is Economic Democracy ?
 A system of governance which is about the transfer of
economic decision making power from the few to the
many/majority.
 - Advocate democracy for the 'poor' as well as the rich
Capitalist democracy (liberal democracy) does not
guarantee universal rights to:
Food,
Housing,
Employment,
Child-care,
Education or health care
07/21/2022 44
D. Developmental Democracy
What is developmental democracy?
Assumes people are inherently good
Assumes democracy has MORAL
purpose
Open-minded society
Develop civic participation
Aim: change cultures of poverty and
despair into places of agency, variety
Open space for development
07/21/2022 45
 Actors in Democratization Process

Modern democracy has produced the system of political parties,

organized interest groups and an independent media (ACTORS) as

crucial factor for its operation among others.
Building up of democracy is not an overnight program it needs not

only time but different actors must also build democracy and
democratic culture.
 Political parties
 Non-Governmental Organizations
 Interest Groups
 Public Opinion
 Mass Media
07/21/2022 46
Political parties

07/21/2022 47
07/21/2022 48


07/21/2022 49
Definition, Nature &Classifications of Human
Rights
Definition:
Rights enjoyed only by human beings because
they are humans without and further requirements, or
Rights which are naturally possessed equally by all
man kind, or

Are not constitutionally or governmentally given

rights, but a constitutionally granted rights
07/21/2022 50
 Feature of Human Rights
Universalism: are not bound by space and time
differences
 Naturalism: are inborn/innate rights endowed to all
humanity by nature.
Eternality: the only time individuals stop enjoying
their human rights is at the time of natural death
Inalienability: delinking/detaching human rights from an
individual/the beholders is senseless
Inviolability: expected not to be violated or even
restricted by any one

07/21/2022 51
 Classification of Human Rights

1. Political and Civil Rights: rights exercised by

individuals without any restriction in their political life
community. These Include:
 freedom of speech/expression,
 the right to life and the right to free personality
development.
 freedom of the press,
 freedom to hold meetings and freedom to
set up associations, etc

07/21/2022 52
 Con’t
2. Social and Economic Rights: minimum living wage
for the survival of human beings must be guaranteed
for him/her. These include:
The right to education
Individual’s free interaction,
The right to get health and other services
The right get job to sustain life etc.
4.Third Generation Rights:
Newly emerging classifications of human rights.
Includes:

07/21/2022 53
 Con’t
The right to development
Environmental right
Human Rights Instruments
International, regional, sub-regional and domestic
institutions established for the enforcement of HRs
International HRs Instruments :to make sure the
effective enforcement HRs , various regulations
have been made by the UNs . For instance, the
UDHR (in 1948), the UN charter and the ICC, etc
Regional HRs Instruments: In order to enforce HRs a
number of regional HRs institutions are established.
These include:
07/21/2022 54
 Con’t
The European Convention on Human Rights of 1950:
The convention was adopted by the council of Europe in
1950. It consists of the following rights:
The right to life;
Prohibition of torture/inhuman treatment
The right to liberty and security;
The right to fair trial and the right to an effective remedy;
Prohibition of discrimination;
The right to a fair trial;
Freedom of association, and the right to freedom of
expression, etc…

07/21/2022 55
 Con’t
To enforce the above rights the convention adopted
two institutions
The Human Rights Commission
The European Court of Human Rights
The America Convention on Human Rights, 1969
and its protocols of 1988 and 1990:
It was adopted to reinforced the Inter-American
Commission on HRs existed since 1960 as an
autonomous entity of the Organization of American
States” (OAS). The convention recognized the
following rights:

07/21/2022 56
 Con’t
Freedom from torture and cruel inhuman treatment
The right to personal liberty and security freedom
from arbitrary arrest or detention;
The right to fair trial & the right to privacy;
The right to freedom of association;
The right to equality before the law and equal
protection of the law;
The right to freedom of thought and expression;
The right to freedom of conscience and religion;
The right to life;
The right to freedom of movement and residence, etc.

07/21/2022 57
 Con’t
To enforce the above rights recognized by the convention
two institutions are established:
The Inter-American Commission on HRs
The Inter-American Court on Hrs
 The African Charter on Human & People’s Rights
(1981)
The Charter recognized the following rights:
The right to freedom from discrimination;
The right to equality before the law and to equal
protection of the law;
The right to respect for one’s life and personal
integrity; etc….
07/21/2022 58
 Con’t
Domestic Human Rights Instruments: Human
Right Instruments in Ethiopia
Two domestic HRs institutions in Ethiopia:
The Office of the Ombudsman: which observes
administrative violations against the HRs of
individuals & it receives complains from the
complaints
The Human Rights Commission: Its major
objective is educating the public in order to be aware
of human rights and ensure that HRs are protected

07/21/2022 59
Constitution, Democracy & HRs Experiences in
Ethiopia
The 1931 First Written Constitution of Ethiopia
The first written constitution in the Ethiopian history.
But it didn’t provide genuine freedom to the
Ethiopian people
Reasons(objectives) for the adoption of the 1931
const:
Guaranteeing continuity to the rule of the
Emperor→“representative of God”, i.e the king is
presented as “Niguse Negest Seyume Egziabher,”
For the image of “modernity” in the eyes of the
international community.
07/21/2022 60
 Con’t
In terms of HRs & Democracy
The constitution says nothing about HRs & Democracy
It didn’t involve popular process for ratification
Regardless of this weakness the constitution laid a
foundation in the political history of the state
Parliamentary System: introduced a bicameral type of
parliament
Chamber of the Senate (Yehig Mewesegna Meker Bet) &
Chamber of Deputies (Yehig Memria Miker Bet)
Annual Budget: introduced the idea of providing fixed
annual budget for government.

07/21/2022 61
 Con’t
Ministerial System: even though ministerial system is
not a new innovation in the political history of the
country, a number of ministers are introduced were
dominated by the Emperor
Judicial Branches:
traditional courts of law were formally institutionalized
three levels of courts were introduced:
Regular Court
Administrative tribunals
Emperor’s Chilot (Yenigus Chilot)

07/21/2022 62
 Con’t
The 1955 Revised Constitution:
After 25-years the country entered into the 2 nd phase of
constitutional development
Like the 1931 const, the revised constitution didn’t
involve popular process for ratification.
Reasons/objective for the revision
The act of federation of Eritrea with Ethiopia in 1952
= there was a democratic & liberal constitution in Eritrea &
absolute monarchy constitution in Ethiopia balancing
these constitutions
Consolidating the of the Emperor:
Ethiopia become the signatory member of the 1948 UDHR
07/21/2022 63
 Con’t
In terms of Democracy & Human Rights
Even though the revised one also states the
“inviolability of the power of emperor’s dignity”.
Unlike its predecessor the revised constitution
incorporated some new concept:
Gave textual recognition to rights &liberties of
citizens. Include: freedom of speech, freedom of
the press, freedom of assembly, & people’s
participation in election of the members of
chamber of Deputies.

07/21/2022 . 64
The Constitution of Peoples Democratic Republic of
Ethiopia (PDRE) (1987-1991)
Unlike the previous two constitutions the PDRE
constitution it is passed through three stages:
Drafted by a constitutional commission
Discussion/ public “consultation”
 Ratified by the name of a popular referendum
In terms of Democracy and HRs
It incorporated fundamental rights & freedoms & some
principles of democracy (Art.35-58)

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It under go three stages;
The 1995 FDRE Constitution

The drafting stage

The discussion stage &
Ratification
In terms of Democracy & HRs
It incorporated fundamental rights & freedoms (Art.
14-28) and certain fundamental principles of
democracy ( around 33% of the articles of the
constitutions deals with democratic rights of
citizens)
07/21/2022 66
 Con’t
Principles of the 1995 FDRE Constitution
Respecting the fundamental Human and democratic
rights of the Citizens at individual and collective levels
The principle of living together. i.e. the principle of
peaceful co-existence on the basis of equality
Features:
Federalism system of
Recognition of diversity
Provisions of basic /fundamental Democratic and Human
Rights
the Principle of Unity based diversity to be based on
Equality Justice and rules of law, etc.

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