This fragmentation is also unlikely to go away anytime soon on its own. A third layer lies between the other two layers and is referred to in this article as traditional institutions. This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. Institutional dichotomy also seems to be a characteristic of transitional societies, which are between modes of production. The leaders in this system have significant powers, as they often are custodians of their communitys land and they dispense justice in their courts. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. The key . These different economic systems have corresponding institutional systems with divergent property rights laws and resource allocation mechanisms, disparate decision-making systems, and distinct judicial systems and conflict resolution mechanisms. There is strong demand for jobs, better economic management, reduced inequality and corruption and such outcome deliverables as health, education and infrastructure.22 Those outcomes require effective governance institutions. Somalilands strategy has brought traditional leaders into an active role in the countrys formal governance by creating an upper house in parliament, the Guurti, where traditional leaders exercise the power of approving all bills drafted by the lower house of parliament. For example, the election day itself goes more or less peacefully, the vote tabulation process is opaque or obscure, and the entire process is shaped by a pre-election playing field skewed decisively in favor of the incumbents. However, there are customs and various arrangements that restrain their power. Its lack of influence on policy also leads to its marginalization in accessing resources and public services, resulting in poverty, poor knowledge, and a poor information base, which, in turn, limits its ability to exert influence on policy. Hindrance to democratization: Perhaps among the most important challenges institutional fragmentation poses is to the process of democratization. The structures of leadership of African traditional institutions are diverse and they have yet to be mapped out comprehensively. Government, Public Policy Performance, Types of Government. South Africa has a mixed economy in which there is a variety of private freedom, combined with centralized economic . A Long Journey: The Bantu Migrations. In these relatively new nations, the critical task for leadership is to build a social contract that is sufficiently inclusive to permit the management of diversity. For example, is it more effective to negotiate a power-sharing pact among key parties and social groups (as in Kenya) or is there possible merit in a periodic national dialogue to address issues that risk triggering conflict? Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. 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). In the postcolonial era, their roles changed again. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. Even so, customary law still exerts a strong . The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. Music is a form of communication and it plays a functional role in African society . 28, (1984) pp. This page was processed by aws-apollo-l2 in 0.093 seconds, Using these links will ensure access to this page indefinitely. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. This study points to a marked increase in state-based conflicts, owing in significant part to the inter-mixture of Islamic State factions into pre-existing conflicts. Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. However, they do not have custodianship of land and they generally do not dispense justice on their own. 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. Rather, they are conveners of assemblies of elders or lower level chiefs who deliberate on settlement of disputes. By 2016, 35 AU members had joined it, but less than half actually subjected themselves to being assessed. Table 1 shows the proportion of the population that operates under traditional economic systems in selected African countries. In West Africa, a griot is a praise singer or poet who possesses a repository of oral tradition passed down from generation to generation. An alternative strategy of bringing about institutional harmony would be to transform the traditional economic systems into an exchange-based economy that would be compatible with the formal institutions of the state. 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, Rather, they often rely on voluntary compliance, although they also apply some soft power to discourage noncompliance by members with customary laws. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. This approach to governance was prominent in the Oyo empire. Another basic question is, whom to include? 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. The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. 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. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. These dynamics often lead to increased state fragility or the re-authoritarianization of once more participatory governance systems.12 The trend is sometimes, ironically, promoted by western firms and governments more interested in commercial access and getting along with existing governments than with durable political and economic development. 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. An analytical study and impact of colonialism on pre-colonial centralized and decentralized African Traditional and Political Systems. Freedom Houses ratings see a pattern of decline since 2005 and note that 10 out of 25 countries (worldwide) with declining ratings are in Africa. These events point to extreme state fragility and a loss of sovereign control over violence in the 11 affected countries, led by Nigeria, South Sudan, and the Central African Republic (CAR). Features Of Traditional Government Administration. The initial constitutions and legal systems were derived from the terminal colonial era. As a result, it becomes highly complex to analyze their roles and structures without specifying the time frame. However, they are not merely customs and norms; rather they are systems of governance, which were formal in precolonial times and continue to exist in a semiformal manner in some countries and in an informal manner in others.1. The arguments against traditional institutions are countered by arguments that consider traditional institutions to be indispensable and that they should be the foundations of African institutions of governance (Davidson, 1992). Thus, another report by PRIO and the University of Uppsala (two Norwegian and Swedish centers) breaks conflict down into state-based (where at least one party is a government), non-state-based (neither party is an official state actor), and one-sided conflicts (an armed faction against unarmed civilians). One common feature is recognition of customary property rights laws, especially that of land. One snapshot by the influential Mo Ibrahim index of African Governance noted in 2015 that overall governance progress in Africa is stalling, and decided not to award a leadership award that year. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. The role of chieftaincy within post-colonial African countries continues to incite lively debates, as the case of Ghana exemplifies. Suggested Citation, 33 West 60th StreetNew York, NY 10023United States, Public International Law: Sources eJournal, Subscribe to this fee journal for more curated articles on this topic, Political Institutions: Parties, Interest Groups & Other Political Organizations eJournal, Political Institutions: Legislatures eJournal, We use cookies to help provide and enhance our service and tailor content. The express prohibition in the African Charter against discrimination according to ethnic group constitutes a major step for the continent as a whole because the realization of this right will lead to greater economic opportunity for those people not of the same kinship as the head of government. Should inclusion be an ongoing process or a single event? They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. As a result, customary law, which often is not recognized by the state or is recognized only when it does not contradict the constitution, does not protect communities from possible transgressions by the state. They include: Monarchs (absolute or constitutional): While the colonial state reduced most African kings to chiefs, a few survived as monarchs. In a few easy steps create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests. Your gift helps advance ideas that promote a free society. This layer of institutions is the subject of inquiry of this article. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. The first objective of the article is to shed light on the socioeconomic foundations for the resilience of Africas traditional institutions. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. Some African nations are prosperous while others struggle. Authority in this system was shared or distributed to more people within the community. Most African countries are characterized by parallel institutions, one representing the formal laws of the state and the other representing the traditional institutions that are adhered to more commonly in rural areas. This discussion leads to an analysis of African conflict trends to help identify the most conflict-burdened sub-regions and to highlight the intimate link between governance and conflict patterns. Presently, Nigeria practices the federal system. The movement towards a formal state system is characterized by its emphasis on retribution and punishment. However, three countries, Botswana, Somaliland, and South Africa, have undertaken differing measures with varying levels of success. The book contains eight separate papers produced by scholars working in the field of anthropology, each of which focuses in on a different society in Sub-Saharan Africa. The population in the traditional system thus faces a vicious cycle of deprivation. 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. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. Three layers of institutions characterize most African countries. A third objective is to examine the relevance of traditional institutions. The traditional justice system, thus, does not have the power to grant any rights beyond the local level. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). On the one hand, they recognize the need for strong, responsive state institutions; weak, fragile states do not lead to good governance. Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . By Sulayman Sanneh Date: September 10th, 2021. fIntroduction Africa is a vast and . Different property rights laws are a notable source of conflict in many African countries. On the one hand, traditional institutions are highly relevant and indispensable, although there are arguments to the contrary (see Mengisteab & Hagg [2017] for a summary of such arguments). This situation supported an external orientation in African politics in which Cold War reference points and former colonial relationships assured that African governments often developed only a limited sense of connection to their own societies. Furthermore, for generations, Africans were taught the Western notion of the tribe as . Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. They succeed when there are political conditions that permit a broad coalition to impose pluralist political institutions and limits and restraints on ruling elites.20 Thus, resilience of both state and society may hinge in the end on the rule of law replacing the rule of men. African indigenous education was. 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. Despite such changes, these institutions are referred to as traditional not because they continue to exist in an unadulterated form as they did in Africas precolonial past but because they are largely born of the precolonial political systems and are adhered to principally, although not exclusively, by the population in the traditional (subsistent) sectors of the economy. The customary structures of governance of traditional leadership were put aside or transformed. The modern African state system has been gradually Africanized, albeit on more or less the identical territorial basis it began with at the time of decolonization in the second half of the 20 th century. African traditional institutions continue to exist in most African countries, albeit at different levels of adherence by the populations of the continent. 3. In direct contrast is the second model: statist, performance-based legitimacy, measured typically in terms of economic growth and domestic stability as well as government-provided servicesthe legitimacy claimed by leaders in Uganda and Rwanda, among others. What policies and laws will determine relations between farmers and urban dwellers, between farmers and herders, between diverse identity groups living in close proximity or encroaching on each others farm land, and between public officials, criminal networks and ordinary citizens? The balance of power between official and non-official actors will likely shift, as networked activists assert their ability to organize and take to the streets on behalf of diverse causes. Figure 1 captures this turn to authoritarianism in postindependence Africa. Pre-colonial Administration of the Yorubas. A command economy, also known as a planned economy, is one in which the central government plans, organizes, and controls all economic activities to maximize social welfare. 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. Evidence from case studies, however, suggests that the size of adherents varies from country to country. not because of, the unique features of US democracy . There was a lot of consultation between the elders before any major decision was made. "Law" in traditional Igbo and other African societies assumes a wide dimension and should be understood, interpreted, and applied as such, even if such a definition conflicts with the Western idea. Council of elders: These systems essentially operate on consensual decision-making arrangements that vary from one place to another. 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. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. The article has three principal objectives and is organized into four parts. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . Africas economic systems range from a modestly advanced capitalist system, symbolized by modern banking and stock markets, to traditional economic systems, represented by subsistent peasant and pastoral systems. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. The traditional and informal justice systems, it is argued offers greater access to justice. by the Board of Trustees of Leland Stanford Junior University. These include macro variables such as educational access (especially for women), climate change impact and mitigation, development and income growth rates, demographic trends, internet access, urbanization rates, and conflict events. The roles that traditional authorities can play in the process of good governance can broadly be separated into three categories: first, their advisory role to government, as well as their participatory role in the administration of regions and districts; second, their developmental role, complementing government?s efforts in mobilizing the . 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. Another measure is recognition of customary law and traditional judicial systems by the state. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. Using a second conflict lens, the number of non-state conflicts has increased dramatically in recent years, peaking in 2017 with 50 non-state conflicts, compared to 24 in 2011. Against this backdrop, where is African governance headed? The political systems of most African nations are based on forms of government put in place by colonial authorities during the era of European rule. Another layer represents the societal norms and customs that differ along various cultural traits. They are already governing much of rural Africa. 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. Many African countries, Ghana and Uganda, for example, have, like all other states, formal institutions of the state and informal institutions (societal norms, customs, and practices). 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. media system, was concerned with the more systematized dissemination of information between the traditional administrative organ and the people (subjects). . In the past decade, traditional security systems utilized in commercial or government facilities have consisted of a few basic elements: a well-trained personnel, a CCTV system, and some kind of access control system. 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 essay concludes with a sobering reflection on the challenge of achieving resilient governance. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. The purpose is to stress that such efforts and the attendant will The leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). Misguided policies at the national level combined with cultural constraints facing these social groups may increase exclusion and create seeds of future trouble. MyHoover delivers a personalized experience atHoover.org. 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.
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