Finally, the chapter considers the future of the institution against the background of the many issues and challenges considered. FUNCTIONS OF GOVERNMENT. The reasons why rural communities adhere to the traditional institutions are many (Logan, 2011; Mengisteab & Hagg, 2017). According to the African Development Bank, good governance should be built on a foundation of (I) effective states, (ii) mobilized civil societies, and (iii) an efficient private sector. Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political systems. The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. A related reason for their relevance is that traditional institutions, unlike the state, provide rural communities the platform to participate directly in their own governance. Non-official institutions and civil society may have very different ideas from the national government on this issue, leading to debates about legitimacy. In other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. In Sierra Leone, for example, approximately 85% of the population falls under the jurisdiction of customary law, defined under the constitution as the rules of law which, by custom, are applicable to particular communities in Sierra Leone. In the postcolonial era, their roles changed again. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. In many cases, the invented chieftaincies were unsuccessful in displacing the consensus-based governance structures (Gartrell, 1983; Uwazie, 1994). The leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). 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 roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. Both types of government can be effective or infective depending on . 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. The initial constitutions and legal systems were derived from the terminal colonial era. 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. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. Ndlela (2007: 34) confirms that traditional leaders continue to enjoy their role and recognition in the new dispensation, just like in other African states; and Good (2002: 3) argues that the system of traditional leadership in Botswana exists parallel to the democratic system of government and the challenge is of forging unity. "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. Note that Maine and . 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. On the opposite side are the decentralized systems, led by a council of elders, that command little formal power. Communities like the Abagusii, Ameru, Akamba, Mijikenda, and Agikuyu in Kenya had this system of government. Womens access to property rights is also limited, as they are often denied the right of access to inheritance as well as equal division of property in cases of divorce. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. The role of chieftaincy within post-colonial African countries continues to incite lively debates, as the case of Ghana exemplifies. The Oxford Poverty and Human Development Initiative (Alkire, Chatterjee, Conconi, Seth, & Vaz, 2014) estimates that the share of rural poverty to total poverty in sub-Saharan Africa is about 73.8%. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? The Dutch dispatched an embassy to the Asantehene's . Its ability to influence policy is limited in large part because of its institutional detachment from the state and because of its poverty and lack of capacity to participate in the political process. A key factor in the size of adherents of rural institutions, however, seems to depend on the ratio of the population in the traditional economic systems to the total population. 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 . Among the key challenges associated with institutional fragmentation are the following: Policy incoherence: Fragmented economies and institutions represent dichotomous socioeconomic spaces, which makes it highly challenging for policy to address equitably the interests of the populations in these separate socioeconomic spaces. However, the winner takes all system in the individual states is a democracy type of voting system, as the minority gets none of the electoral college votes. When conflicts evolve along ethnic lines, they are readily labelled ethnic conflict as if caused by ancient hatreds; in reality, it is more often caused by bad governance and by political entrepreneurs. 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). However, the traditional judicial system has some weaknesses, especially with respect to gender equality. 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. 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. 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). Many others choose the customary laws and conflict resolution mechanisms because they correspond better to their way of life. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. 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. African Governance: Challenges and Their Implications. In any case, as . In Igbo land for example the system of government was quite unique and transcends the democracy of America and Europe. 2. Despite undergoing changes, present-day African traditional institutions, namely the customary laws, the judicial systems and conflict resolution mechanisms, and the property rights and resource allocation practices, largely originate from formal institutions of governance that existed under precolonial African political systems. One layer represents the formal institutions (laws) of the state. Others choose the traditional institutions, for example, in settling disputes because of lower transactional costs. 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. In addition, resolution needs to be acceptable to all parties. Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. Basing key political decisions on broad societal and inter-party consensus may help to de-escalate cutthroat competition that often leads to violent conflicts. 1. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. The African state system has gradually developed a stronger indigenous quality only in the last twenty-five years or so. Should inclusion be an ongoing process or a single event? Even old-fashioned tyrants learn that inclusion or co-option are expensive. 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. He served as assistant secretary of state for African affairs from 1981 to 1989. As noted, there are notable differences in the authority systems of African traditional institutions. 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. A third, less often recognized base of legitimacy can be called conventional African diplomatic legitimacy wherein a governmenthowever imperfectly establishedis no more imperfect than the standard established by its regional neighbors. Oromos are one of the largest ethnic groups in sub-Saharan Africa belonging to the Cushitic-speaking peoples in Northeastern Africa in general and in modern Ethiopia and Kenya in particular. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. Within this spectrum, some eight types of leadership structures can be identified. The first three parts deal with the principal objectives of the article. However, they do not have custodianship of land and they generally do not dispense justice on their own. Against this backdrop, where is African governance headed? Posted: 12 May 2011. Certain offences were regarded as serious offences. The problems that face African governments are universal. Virtually every group was involved in the . Such adjustments, however, may require contextualization of the institutions of democracy by adjusting these institutions to reflect African realities. Similarly, the process of conflict resolution is undertaken in an open assembly and is intended to reconcile parties in conflict rather than to merely punish offenders. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. 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. There are very few similarities between democracy and dictatorship. You could not be signed in, please check and try again. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. With the introduction of the Black Administration Act the African system of governance and administration was changed and the white government took control of the African population. This is done through the enforcement agencies such as the police force. The Sultanes of Somalia are examples of this category and the community has specific criteria as to who is qualified to be a chief (Ahmed, 2017). Afrocentrism, also called Africentrism, cultural and political movement whose mainly African American adherents regard themselves and all other Blacks as syncretic Africans and believe that their worldview should positively reflect traditional African values. In a few easy steps create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. African Traditional Political System and Institution: University of The Gambia, Faculty of humanities and social sciences. The fourth part draws a conclusion with a tentative proposal on how the traditional institutions might be reconciled with the formal institutions to address the problem of institutional incoherence. 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). With the exceptions of a few works, such as Legesse (1973), the institutions of the 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. Security challenges can impose tough choices on governments that may act in ways that compound the problem, opening the door to heightened risks of corruption and the slippery slope of working with criminal entities. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . 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. 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. Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). Note: The term rural population is used as a proxy for the population operating under traditional economic systems. This section attempts to explain these seemingly contradictory implications of traditional institutions. The structures of leadership of African traditional institutions are diverse and they have yet to be mapped out comprehensively. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. They are already governing much of rural Africa. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. Stagnant economy, absence of diversification in occupational patterns and allegiance to traditionall these have a bearing on the system of education prevailing in these societies. by the Board of Trustees of Leland Stanford Junior University. Printed from Oxford Research Encyclopedias, Politics. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. 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. 28, (1984) pp. On the one side, there are the centralized systems where leaders command near absolute power. Yet political stability cannot be based on state power alone, except in the short run. 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. 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. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. (No award was made in 50% of the years since the program was launched in 2007; former Liberian president Ellen John Sirleaf won the award in 2017. Even so, customary law still exerts a strong . As a result, they are not dispensable as long as the traditional economic systems endure. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. Poor gender relations: Traditional institutions share some common weaknesses. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. One can identify five bases of regime legitimacy in the African context today. The Pre-Colonial Period: From the Ashes of Pharaohs to the Berlin Conference At the end of the prehistoric period (10 000 BC), some African nomadic bands began to Ousted royals such as Haile Selassie (Ethiopia) and King Idriss (Libya) may be replaced by self-anointed secular rulers who behave as if they were kings until they, in turn, get overthrown. 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. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? Despite the adoption of constitutional term limits in many African countries during the 1990s, such restrictions have been reversed or defied in at least 15 countries since 2000, according to a recent report.6, The conflict-governance link takes various forms, and it points to the centrality of the variable of leadership. Some trust traditional leaders more than they trust state authorities. 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. 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. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. Because these governmental institutions reject the indigenous political systems on which African society was built, they have generally failed to bring political . In some cases, community elders select future Sultanes at a young age and groom them for the position. Maintenance of law and order: the primary and most important function of the government is to maintain law and order in a state. Many of the chieftaincy systems, such as those in much of South Africa, the Asantehene of the Ashanti of Ghana, the Tswana of Botswana, and the Busoga of Uganda seem to fall within this category. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. According to this analysis, Africas traditional institutional systems are likely to endure as long as the traditional subsistent economic systems continue to exist. However, institutions are rarely static and they undergo changes induced by internal transformations of broader socioeconomic systems or by external influences or imposition, and in some cases by a combination of the two forces. Such chiefs also have rather limited powers. Generally, these traditions are oral rather than scriptural, include belief in a supreme creator, belief in spirits, veneration of the dead, use of magic and traditional African . African Political Systems is an academic anthology edited by the anthropologists Meyer Fortes and E. E. Evans-Pritchard which was published by Oxford University Press on the behalf of the International African Institute in 1940. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. The Ibo village assembly in eastern Nigeria, the Eritrean village Baito (assembly), the council of elders (kiama) of the Kikuyu in Kenya, and the kaya elders of the Mijikenda in the coast of Kenya are among well-known examples where decisions are largely made in a consensual manner of one kind or another (Andemariam, 2017; Mengisteab, 2003). The third section deals with the post-colonial period and discusses some problems associated with African administration. In addition to these measures, reconciling fragmented institutions would be more successful when governments invest more resources in transforming the traditional socioeconomic space. 1.4. These partners, for their part, sometimes disengaged from close political ties and often brought new governance conditions into their assistance programs. Traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. One-sided violence against unarmed civilians has also spiked up since 2011.4, These numbers require three major points of clarification. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. Less than 20% of Africas states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from peaceful transfers of authority from colonial officials to African political elites. 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. Against this broad picture, what is striking is the more recent downward trend in democratic governance in Africa and the relative position of African governance when viewed on a global basis. Given its institutional disconnect with the state, the traditional sector and the communities that operate under it invariably face marginalization in influencing policy as well as in access to economic resources throughout the continent. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. 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). In this regard, the president is both the head of state and government, and there are three arms and tiers of rules by which the country is ruled. At times, these traditional security system elements are sufficient enough for some uses, but there's certainly no denying . 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 category of chiefs is those who theoretically are subject to selection by the community. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. Department of Political Science, Pennsylvania State University, United Nations Economic Commission for Africa, Contentious Politics and Political Violence, Political Values, Beliefs, and Ideologies, Why African Traditional Institutions Endure, Authority Systems of Africas Traditional Institutions, Relevance and Paradox of Traditional Institutions, https://doi.org/10.1093/acrefore/9780190228637.013.1347, United Nations Office of the Special Adviser on Africa, Global Actors: Networks, Elites, and Institutions, Traditional Leaders and Development in Africa.
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