While empirical data are rather scanty, indications are that the traditional judicial system serves the overwhelming majority of rural communities (Mengisteab & Hagg, 2017). 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. Abstract. They are less concerned with doctrines and much more so with rituals . African political systems are described in a number of textbooks and general books on African history. In sum, the digitization of African politics raises real challenges for political leaders and has the potential to increase their determination to digitize their own tools of political control. Chiefs such as those of the Nuer and Dinka are examples of this category. 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. Institutional dichotomy also seems to be a characteristic of transitional societies, which are between modes of production. This can happen in several ways. Some African nations are prosperous while others struggle. Since then, many more have been formulated, but the main themes and ideas have remained. But established and recognized forms of inherited rule cannot be lightly dismissed as un-modern, especially when linked to the identity of an ethnic or tribal group, and could be construed as a building block of legitimacy. 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. Chief among them is that they remain key players in governing and providing various types of service in the traditional sector of the economy because of their compatibility with that economic system. One is that the leaders of the postcolonial state saw traditional institutions and their leadership as archaic vestiges of the past that no longer had a place in Africas modern system of governance. 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. The traditional justice system, thus, does not have the power to grant any rights beyond the local level. One of these is the potential influence exerted by the regions leading states, measured in terms of size, population, economic weight, and overall political clout and leadership prestige. At times, these traditional security system elements are sufficient enough for some uses, but there's certainly no denying . Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. 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. Judicial Administration. 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. 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. Government: A Multifarious Concept 1.2. The three countries have pursued rather different strategies of reconciling their institutional systems and it remains to be seen if any of their strategies will deliver the expected results, although all three countries have already registered some progress in reducing conflicts and in advancing the democratization process relative to countries around them. Authority in this system was shared or distributed to more people within the community. Strictly speaking, Ghana was the title of the King, but the Arabs, who left records . In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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. Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political systems. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. Three layers of institutions characterize most African countries. Three layers of institutions characterize most African countries. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. Before then, traditional authorities essentially provided leadership for the various communities and kingdoms. 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. 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. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. 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 addition to these measures, reconciling fragmented institutions would be more successful when governments invest more resources in transforming the traditional socioeconomic space. In some cases, community elders select future Sultanes at a young age and groom them for the position. . This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. Political leaders everywhere face competing demands in this regard. They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. Rather, they are conveners of assemblies of elders or lower level chiefs who deliberate on settlement of disputes. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. Why the traditional systems endure, how the institutional dichotomy impacts the process of building democratic governance, and how the problems of institutional incoherence might be mitigated are issues that have not yet received adequate attention in African studies. They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. 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. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. 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. Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. The first three parts deal with the principal objectives of the article. The campaign by some (but not all) African states to pull out of the International Criminal Court is but one illustration of the trend. Legal norms are an integral part of the discussion about inclusivity since they affect every aspect of economic and personal life; this poses a critical question over whether individual rights or group rights take precedence in the normative hierarchy. However, the traditional judicial system has some weaknesses, especially with respect to gender equality. The leaders, their families and allies are exempt. The debate is defined by "traditionalists" and "modernists." . Such post-electoral pacts reflect the conclusion that stability is more important than democracy. 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. This we might call transformative resilience.21. 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. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. It may be useful to recall that historical kingships or dynasties were the common form of rule in Europe, India, China until modern times, and still is the predominant form of rule on the Arabian Peninsula. West Africa has a long and complex history. Because these governmental institutions reject the indigenous political systems on which African society was built, they have generally failed to bring political . 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? A long-term route to political and economic success has been comprehensively documented by Daron Acemoglu and James Robinson in their global study of why nations fail or succeed. Another measure is recognition of customary law and traditional judicial systems by the state. To complicate matters further, the role of traditional institutions is likely to be critical in addressing the problem of institutional fragmentation.
Yet political stability cannot be based on state power alone, except in the short run. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. 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. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. There is a basic distinction between those systems with a centralized authority exercised through the machinery of government and those without any such authority in which . 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. Additionally, inequalities between parallel socioeconomic spaces, especially with respect to influence on policy, hinder a democratic system, which requires equitable representation and inclusive participation. 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. Understanding the Gadaa System. The Aqils (elders) of Somalia and the chiefs in Kenya are good examples. 2. One can identify five bases of regime legitimacy in the African context today. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. These migrations resulted in part from the formation and disintegration of a series of large states in the western Sudan (the region north of modern Ghana drained by the Niger River). Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. This article contends that postcolonial African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution and judicial systems, and decision-making practices, which are distinct from those of the state. The African Charter embodies some of the human . 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). They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. With its eminent scholars and world-renowned library and archives, the Hoover Institution seeks to improve the human condition by advancing ideas that promote economic opportunity and prosperity, while securing and safeguarding peace for America and all mankind. The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. Often women are excluded from participation in decision making, especially in patrilineal social systems. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. The rise of non-Western centers of power and the return of global polarization among major powers reduce the presence and weight of western influence. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. The link was not copied. (2005), customary systems operating outside of the state regime are often the dominant form of regulation and dispute resolution, covering up to 90% of the population in parts of Africa. for in tradi-tional African communities, politics and religion were closely associated. 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. 20 A brief account of that history will help to highlight key continuities spanning the colonial, apartheid and the post-apartheid eras in relation to the place of customary law and the role of traditional leaders. While this attribute of the traditional system may not be practical at the national level, it can be viable at local levels and help promote democratic values. 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. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. Both types of government can be effective or infective depending on . One of these will be the role and weight of various powerful external actors. 7. Invented chiefs and state-paid elders: These were chiefs imposed by the colonial state on decentralized communities without centralized authority systems. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. The link between conflict and governance is a two-way street. They are already governing much of rural Africa. The customary structures of governance of traditional leadership were put aside or transformed. 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. 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. In some cases, they are also denied child custody rights. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . 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. Different property rights laws are a notable source of conflict in many African countries.
While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. African indigenous education was. Chiefs administer land and people, contribute to the creation of rules that regulate the lives of those under their jurisdiction, and are called on to solve disputes among their subjects. The term covers the expressed commands of 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. This page was processed by aws-apollo-l2 in. The quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. Even old-fashioned tyrants learn that inclusion or co-option are expensive. 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. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the Rural .