The council of elders, religious leaders, and administrative staff of the chiefs exercise checks on the power of the leaders and keep them accountable (Beattie, 1967; Busia, 1968; Coplan & Quinlan, 1997; Jones, 1983; Osaghae, 1989). My intention in this chapter is to explore the traditional African ideas and values of politics with a view to pointing up what may be described as the democratic features of the indigenous system of government and to examine whether, and in what ways, such features can be said to be harmonious with the ethos of contemporary political culture and hence can be said to be relevant to . The laws and legal systems of Africa have developed from three distinct legal traditions: traditional or customary African law, Islamic law, and the legal systems of Western Europe. The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. The first type is rights-based legitimacy deriving from rule of law, periodic elections, and alternation of political power, the kind generally supported by western and some African governments such as Ghana and Senegal. Second, the levels of direct battle deaths from these events is relatively low when compared with far higher levels in the wars of the Middle East. A third argument claims that chieftaincy heightens primordial loyalties, as chiefs constitute the foci of ethnic identities (Simwinga quoted in van Binsberger, 1987, p. 156). The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. For example, the electoral college forces a republic type of voting system. The point here is that peer pressure, examples, and precedents are especially important in a region of 54 states, many of them dependent on satisfactory relations with their neighbors. For Acemoglu and Robinson, such turning points occur in specific, unique historical circumstances that arise in a societys development. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. The formal institutions of checks and balances and accountability of leaders to the population are rather weak in this system. Learn more about joining the community of supporters and scholars working together to advance Hoovers mission and values. The same source concluded that 7 out of the 12 worst scores for political rights and civil liberties are African.11 As noted, the reasons vary: patrimonialism gone wrong (the big man problem), extreme state fragility and endemic conflict risks, the perverse mobilization of ethnicity by weak or threatened leaders. Legitimacy based on successful predation and state capture was well known to the Plantagenets and Tudors as well as the Hapsburgs, Medicis, and Romanovs, to say nothing of the Mughal descendants of Genghis Khan.14 In this fifth model of imagined legitimacy, some African leaders operate essentially on patrimonial principles that Vladimir Putin can easily recognize (the Dos Santos era in Angola, the DRC under Mobutu and Kabila, the Eyadema, Bongo, Biya, and Obiang regimes in Togo, Gabon, Cameroon, and Equatorial Guinea, respectively).15 Such regimes may seek to perpetuate themselves by positioning wives or sons to inherit power. The article has three principal objectives and is organized into four parts. That is, each society had a set of rules, laws, and traditions, sometimes called customs, that established how the people would live together peacefully as part of larger group. Even the court system is designed to provide for consociational, provincial, and local organization, not as separate courts but as divisions of the key national courts; once again, a compromise between a fully federal or consociational arrangement and the realities of the South African situation that emphasize the preservation of national unity . While comprehensive empirical studies on the magnitude of adherence to traditional institutions are lacking, some studies point out that most people in rural areas prefer the judicial service provided by traditional institutions to those of the state, for a variety of reasons (Logan, 2011; Mengisteab & Hagg, 2017). The leaders, their families and allies are exempt. Traditional and informal justice systems aim at restoring social cohesion within the community by promoting reconciliation between disputing parties. Three layers of institutions characterize most African countries. It is unlikely, however, that such harmony can be brought about by measures that aim to abolish the traditional system, as was attempted by some countries in the aftermath of decolonization. Pastoral economic systems, for example, foster communal land tenure systems that allow unhindered mobility of livestock, while a capitalist economic system requires a private land ownership system that excludes access to others and allows long-term investments on land. The same factors that hinder nation-building hinder democratization. In many tribes, the chief was the representative of the ancestors. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. 79 (3), (1995) pp. 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. African Governance: Challenges and Their Implications. If inclusion is the central ingredient, it will be necessary to explore in greater depth the resources leaders have available to pay for including various social groups and demographic cohorts. But African societies are exposed to especially severe pressures, and governments must operate in an environment of high social demands and limited resources and capacity with which to meet them. Not surprisingly, incumbent leaders facing these challenges look to short-term military remedies and extend a welcome to military partnerswith France, the United States, and the United Nations the leading candidates. Note that Maine and . The leaders in this system have significant powers, as they often are custodians of their communitys land and they dispense justice in their courts. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, Available at SSRN: If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday. The political history of Africa begins with the emergence of hominids, archaic humans andat least 200,000 years agoanatomically modern humans (Homo sapiens), in East Africa, and continues unbroken into the present as a patchwork of diverse and politically developing nation states. There is one constitution and one set of laws and rules for ordinary people, and quite other for the ruling family and the politically connected elite. Africa contains more sovereign nations than any other continent, with 54 countries compared to Asia's 47. This section grapples with the questions of whether traditional institutions are relevant in the governance of contemporary Africa and what implications their endurance has on Africas socioeconomic development. In addition, they have traditional institutions of governance of various national entities, including those surrounding the Asantehene of the Ashanti in Ghana and the Kabaka of the Buganda in Uganda. Wise leadership respects ethnic diversity and works toward inclusive policies. Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. A third layer lies between the other two layers and is referred to in this article as traditional institutions. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. Another reason is that African leaders of the postcolonial state, who wanted to consolidate their power, did not want other points of power that would compromise their control. The Aqils (elders) of Somalia and the chiefs in Kenya are good examples. Judicial marginalization: Another challenge posed by institutional fragmentation relates to marginalization of the traditional system within the formal legal system. Due to the influence of previous South African and Nigerian leaders, the African Union established the African Peer Review Mechanism (APRM) to review and report on a range of governance criteria. Obstruction of nation-building: Nation-building entails a process of integrating different segments of the citizenry to form a community of citizens under shared institutions. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. Traditional leaders would also be able to use local governance as a platform for exerting some influence on national policymaking. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. Pre-colonial Administration of the Yorubas. However, they do not have custodianship of land and they generally do not dispense justice on their own. These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. The scope of the article is limited to an attempt to explain how the endurance of African traditional institutions is related to the continents economic systems and to shed light on the implications of fragmented institutional systems. It is also highly unlikely that such broader aspects of traditional institutions can be eliminated without transforming the traditional modes of production that foster them. We do not yet know whether such institutions will consistently emerge, starting with relatively well-governed states, such as Ghana or Senegal, as a result of repeated, successful alternations of power; or whether they will only occur when Africas political systems burst apart and are reconfigured. However, their participation in the electoral process has not enabled them to influence policy, protect their customary land rights, and secure access to public services that would help them overcome their deprivation. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. Judicial Administration. for a democratic system of government. Many other countries have non-centralized elder-based traditional institutions. In any case, as . It should not be surprising that there is a weak social compact between state and society in many African states. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. The African Charter embodies some of the human . Africas rural communities, which largely operate under subsistent economic systems, overwhelmingly adhere to the traditional institutional systems while urban communities essentially follow the formal institutional systems, although there are people who negotiate the two institutional systems in their daily lives. FUNCTIONS OF GOVERNMENT. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. Any insurrection by a segment of the population has the potential to bring about not only the downfall of governments but also the collapse of the entire apparatus of the state because the popular foundation of the African state is weak. There are several types of government systems in African politics: in an absolute monarchy, the head of state and head of government is a monarch with unlimited legal authority,; in a constitutional monarchy, the monarch is a ceremonial figurehead who has few political competences,; in a presidential system, the president is the head of state and head of government, The government system is a republic; the chief of state and head of government is the president. Lawmaking: government makes laws to regulate the behavior of its citizens. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. Institutional dichotomy also seems to be a characteristic of transitional societies, which are between modes of production. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. Relatively unfettered access to the internet via smart phones and laptops brings informationand hence potential powerto individuals and groups about all kinds of things: e.g., market prices, the views of relatives in the diaspora, conditions in the country next door, and the self-enrichment of corrupt officials. Some African nations are prosperous while others struggle. His dramatic tenure since April of 2018 appears to be shaking up the states creaky authoritarian services and creating the space for important adaptations such as ending a long-standing state of emergency, freeing political prisoners, reaching out to a wide range of foreign partners, and extending the olive branch to Eritrea with whom Ethiopia had fought a costly war. Highlight 5 features of government. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . f Basic Features cont. In some cases, community elders select future Sultanes at a young age and groom them for the position. The implementation of these systems often . More frequently, this form of rule operates at the sub-state level as in the case of the emir of Kano or the Sultan of Sokoto in Nigeria or the former royal establishments of the Baganda (Uganda) or the Ashanti (Ghana). Changes in economic and political systems trigger the need for new institutional systems to manage the new economic and political systems, while endurance of economic and political systems foster durability of existing institutional systems. Furthermore, for generations, Africans were taught the Western notion of the tribe as . To complicate matters further, the role of traditional institutions is likely to be critical in addressing the problem of institutional fragmentation. In addition, according to Chirayath et al. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. Political and economic inclusion is the companion requirement for effective and legitimate governance. The purpose is to stress that such efforts and the attendant will Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. One is the controversy over what constitutes traditional institutions and if the African institutions referred to as traditional in this inquiry are truly indigenous traditions, since colonialism as well as the postcolonial state have altered them notably, as Zack-Williams (2002) and Kilson (1966) observe. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. There is no more critical variable than governance, for it is governance that determines whether there are durable links between the state and the society it purports to govern. This brief essay began by identifying the state-society gap as the central challenge for African governance. This can happen in several ways. Presently, Nigeria practices the federal system. As Legesse (1973, 2000) notes, the fundamental principles that guide the consensus-based (decentralized) authority systems include curbing the concentration of power in an institution or a person and averting the emergence of a rigid hierarchy. This adds to the challenge of building national identities; this identity vacuum increases the risk that political elites and social groups will capture the state for narrower, self-interested purposes that weaken, rather than strengthen, social cohesion. In addition to these measures, reconciling fragmented institutions would be more successful when governments invest more resources in transforming the traditional socioeconomic space. These circumstances can generate an authoritarian reflex and the temptation to circle the wagons against all sources of potential opposition. They include: Monarchs (absolute or constitutional): While the colonial state reduced most African kings to chiefs, a few survived as monarchs. Indigenous education is a process of passing the inherited knowledge, skills, cultural traditions norms and values of the tribe, among the tribal member from one generation to another Mushi (2009). This section attempts to explain these seemingly contradictory implications of traditional institutions. Third, Africas conflict burden reflects different forms and sources of violence that sometimes become linked to each other: political movements may gain financing and coercive support from criminal networks and traffickers, while religious militants with connections to terrorist groups are often adept at making common cause with local grievance activists. In the thankfully rare cases where national governance breaks down completelySouth Sudan, Somalia, CARits absence is an invitation to every ethnic or geographic community to fend for itselfa classic security dilemma. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. This theme, which is further developed below, is especially critical bearing in mind that Africa is the worlds most ethnically complex region, home to 20 of the worlds most diverse countries in terms of ethnic composition.8. Building an inclusive political system also raises the question of what levels of the society to include and how to assure that local communities as well as groups operating at the national level can get their voices heard. By the mid-1970s, the military held power in one-third of the nations of sub-Saharan Africa. Most of the states that had attempted to abolish chieftaincy have retracted the abolitionist decrees and reinstated chiefs. These features include nonprofits, non-profits and hybrid entities are now provide goods and services that were once delivered by the government. How these differences in leadership structures impinge on the broader institutions of resources allocation patterns, judicial systems, and decision-making and conflict resolution mechanisms is still understudied. The third section looks at the critical role of political and economic inclusion in shaping peace and stability and points to some of the primary challenges leaders face in deciding how to manage inclusion: whom to include and how to pay for it. Within this spectrum, some eight types of leadership structures can be identified. Traditional affairs. Government: A Multifarious Concept 1.2. Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. Government and the Political System 2.1. While empirical data are rather scanty, indications are that the traditional judicial system serves the overwhelming majority of rural communities (Mengisteab & Hagg, 2017). 1. It is imperative that customary land rights are recognized and respected so that communities in the traditional economic system exercise control of land and other resources under their customary ownership, at least until alternative sources of employment are developed to absorb those who might be displaced. After examining the history, challenges, and opportunities for the institution of traditional leadership within a modern democracy, the chapter considers the effect of the current constitutional guarantee for chieftaincy and evaluates its practical workability and structural efficiency under the current governance system. The post-colonial State, on the other hand . References: Blakemore and Cooksey (1980). Despite apparent differences, the strategies of the three countries have some common features as well that may inform other counties about the measures institutional reconciliation may entail. The government is undertaking a review of local government, which includes a commitment to introduce direct election of metropolitan, municipal and district chief executives (MMDCEs). There was a lot of consultation between the elders before any major decision was made. The problems that face African governments are universal. Comparing Ethiopia and Kenya, for example, shows that adherents to the traditional institutional system is greater in Ethiopia than in Kenya, where the ratio of the population operating in the traditional economic system is smaller and the penetration of the capitalist economic system in rural areas is deeper. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. First, many of the conflicts enumerated take place within a limited number of conflict-affected countries and in clearly-defined geographic zones (the Sahel and Nigeria; Central Africa; and the Horn.) Traditional institutions already adjudicate undisclosed but large proportions of rural disputes. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. Virtually every group was involved in the . In general, decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. There is no more critical variable than governance, for it is governance that determines whether there are durable links between the state and the society it purports to govern. This kind of offences that attract capital punishment is usually . They are less concerned with doctrines and much more so with rituals . Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. While traditional institutions remain indispensable for the communities operating under traditional economic systems, they also represent institutional fragmentation, although the underlying factor for fragmentation is the prevailing dichotomy of economic systems. Careful analysis suggests that African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution, judicial systems, and decision-making practices, which are distinct from those of the state. African political systems are described in a number of textbooks and general books on African history. You cant impose middle class values on a pre-industrial society.13. In Africa, as in every region, it is the quality and characteristics of governance that shape the level of peace and stability and the prospects for economic development. The first three parts deal with the principal objectives of the article. With the dawn of colonialism in Africa, the traditional African government was sys-tematically weakened, and the strong and influential bond between traditional lead- . The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice). The origins of this institutional duality, the implications of which are discussed in Relevance and Paradox of Traditional Institutions, are largely traceable to the colonial state, as it introduced new economic and political systems and superimposed corresponding institutional systems upon the colonies without eradicating the existed traditional economic, political, and institutional systems. Space opened up for African citizens and civil society movements, while incumbent regimes were no longer able to rely on assured support from erstwhile external partners. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. The link was not copied. Large countries such as the DRC, Ethiopia, and Mozambique are likely to experience pressures against centralized, authoritarian, or one-party governance (whether accompanied by real elections or not). However, the traditional judicial system has some weaknesses, especially with respect to gender equality. The quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. African political elites are more determined than ever to shape their own destiny, and they are doing so. In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. This concept paper focuses on the traditional system of governance in Africa including their consensual decision-making models, as part of a broader effort to better define and advocate their role in achieving good governance. They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. Among the attributes of the traditional system with such potential is the systems transparent and participatory process of resolving conflicts, which takes place in open public meetings. Greater access to public services and to productivity-enhancing technology would also help in enhancing the transformation of the subsistence sector. To learn more, visit Sometimes, another precedent flows from thesenamely, pressure from outside the country but with some support internally as well for creating a transitional government of national unity. Both can be identified as forms of governance. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? Cold War geopolitics reinforced in some ways the state-society gap as the global rivalry tended to favor African incumbents and frequently assured they would receive significant assistance from external powers seeking to build diplomatic ties with the new states. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. The key lies in identifying the variables that will shape its context. In light of this discussion of types of inclusion, the implications for dealing with state fragility and building greater resilience can now be spelled out. Paramount chieftaincy is a traditional system of local government and an integral element of governance in some African countries such as Sierra Leone, Ghana, Liberia and Ivory Coast.
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