Their endurance and coexistence with the institutions of the state has created an institutional dichotomy in much of Africa. Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. Most of the states that had attempted to abolish chieftaincy have retracted the abolitionist decrees and reinstated chiefs. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. Beyond such macro factors, several less obvious variables seem important to the political and economic governance future of the region. Before then, traditional authorities essentially provided leadership for the various communities and kingdoms. 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. Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. He served as assistant secretary of state for African affairs from 1981 to 1989. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. However, their endurance, along with that of traditional economic systems, have fostered institutional fragmentation, which has serious adverse effects on Africas governance and economic development. 2. 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. 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. 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. This point links the reader to the other Africa chapters that have been prepared for this project. As a United Nations Economic Commission for Africa (UNECA) study (2007) notes, traditional leaders often operate as custodians of customary law and communal assets, especially land. 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. 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. 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). Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). Another layer represents the societal norms and customs that differ along various cultural traits. The key . Three layers of institutions characterize most African countries. 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. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. 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. 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. It also develops a theoretical framework for the . 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. Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. Perhaps one of the most serious shared weakness relates to gender relations. 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. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. 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. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. Interestingly, small and mid-size state leaders have won the award so far.) Unlike the laws of the state, traditional institutions rarely have the coercive powers to enforce their customary laws. The Dutch dispatched an embassy to the Asantehene's . A third objective is to examine the relevance of traditional institutions. 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. The end of colonialism, however, did not end institutional dichotomy, despite attempts by some postcolonial African states to abolish the traditional system, especially the chieftaincy-based authority systems. A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. The selection, however, is often from the children of a chief. 1.4. 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. 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 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. 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. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . Strictly speaking, Ghana was the title of the King, but the Arabs, who left records . Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Abstract. The article has three principal objectives and is organized into four parts. example of a traditional African political system. This we might call transformative resilience.21. 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). Consequently, national and regional governance factors interact continuously. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. A Functional Approach to define Government 2. Towards a Definition of Government 1.3. Such chiefs also have rather limited powers. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. The chapter further examines the dabbling of traditional leaders in the political process in spite of the proscription of the institution from mainstream politics and, in this context, analyzes the policy rationale for attempting to detach chieftaincy from partisan politics. They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. The problems that face African governments are universal. A Sociology of Education for Africa . A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. 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. A partial explanation as to why the traditional systems endure was given in the section Why African Traditional Institutions Endure. The argument in that section was that they endure primarily because they are compatible with traditional economic systems, under which large segments of the African population still operate. Posted: 12 May 2011. Traditional governments have the following functions; African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. One common feature is recognition of customary property rights laws, especially that of land. The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. You cant impose middle class values on a pre-industrial society.13. Today, the five most common government systems include democracy, republic, monarchy, communism and . 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. Rules of procedure were established through customs and traditions some with oral, some with written constitutions Women played active roles in the political system including holding leadership and military positions. Governance also has an important regional dimension relating to the institutional structures and norms that guide a regions approach to challenges and that help shape its political culture.1 This is especially relevant in looking at Africas place in the emerging world since this large region consists of 54 statesclose to 25% of the U.N.s membershipand includes the largest number of landlocked states of any region, factors that dramatically affect the political environment in which leaders make choices. By 2016, 35 AU members had joined it, but less than half actually subjected themselves to being assessed. Aristotle was the first to define three principal types of government systems in the fourth century B.C. 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. 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 quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. Many others choose the customary laws and conflict resolution mechanisms because they correspond better to their way of life. In this context the chapter further touches on the compatibility of the institution of chieftaincy with constitutional principles such as equality, accountability, natural justice, good governance, and respect for fundamental human rights. In some societies, traditional, tribal authorities may offer informed and genuinely accepted governance, provided that they are not merely government appointees pursuing decentralized self-enrichment. Issues of corruption and transparency are likely to become driving themes in African politics. Traditional leaders would also be able to use local governance as a platform for exerting some influence on national policymaking. This brief overview of conflict in Africa signals the severity of the security challenges to African governance, especially in those sub-regions that feature persistent and recurrent outbreaks of violence. Your gift helps advance ideas that promote a free society. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. The place and role of African Youth in Pre-independence African Governance Systems 19-20 1.7. Copy this link, or click below to email it to a friend. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. Even so, customary law still exerts a strong . While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. 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). Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. 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. 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. 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. This approach to governance was prominent in the Oyo empire. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. Womens inequality in the traditional system is related, at least in part, to age- and gender-based divisions of labor characterizing traditional economic systems. This provides wide opportunity for governments to experiment, to chart a course independent of Western preferences, but it can also encourage them to move toward authoritarian, state capitalist policies when that is the necessary or the expedient thing to do. . Leaders may not be the only ones who support this definition of legitimacy. There is also the question of inclusion of specific demographic cohorts: women, youth, and migrants from rural to urban areas (including migrant women) all face issues of exclusion that can have an impact on conflict and governance. 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 is in part because the role of traditional leaders has changed over time. Different property rights laws are a notable source of conflict in many African countries. 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. 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. All life was religious . Authority in this system was shared or distributed to more people within the community. In the postcolonial era, their roles changed again. Africas geopolitical environment is shaped by Africans to a considerable degree. Against this backdrop, where is African governance headed? Some African nations are prosperous while others struggle. Council of elders: These systems essentially operate on consensual decision-making arrangements that vary from one place to another. 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. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. 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. 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. Introduction. Wise leadership respects ethnic diversity and works toward inclusive policies. This enhanced his authority. In new countries such as most of those in Africa,7 where the rule of law is in competition with the rule of men, leaders play a strikingly critical role, for good or ill. But the context in which their choices are made is directly influenced by global political trends and the room for maneuver that these give to individual governments and their leaders. A more recent example of adaptive resilience is being demonstrated by Ethiopias Abiy Ahmed. This short article does not attempt to provide answers to all these questions, which require extensive empirical study. 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. f Basic Features cont. Typically, such leaders scheme to rig elections or to change constitutional term limitsactions seen in recent years in such countries as Rwanda and Uganda. All the characteristic features of a traditional society are, for obvious reasons, reflected in the education system. 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. Note that Maine and . One-sided violence against unarmed civilians has also spiked up since 2011.4, These numbers require three major points of clarification. Both can be identified as forms of governance. Presently, Nigeria practices the federal system. Government and the Political System 2.1. Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. 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. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. 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. The jury is still out on the merits of this practice. Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. There is little doubt that colonial occupation and the ensuing restructuring of African political entities and socioeconomic systems altered African traditional institutions of governance. 134-141. 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. They also serve as guardians and symbols of cultural values and practices. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. 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. According to this analysis, Africas traditional institutional systems are likely to endure as long as the traditional subsistent economic systems continue to exist. History. 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). African governance trends were transformed by the geopolitical changes that came with the end of the Cold War. Throughout our over one-hundred-year history, our work has directly led to policies that have produced greater freedom, democracy, and opportunity in the United States and the world. There were several reasons for such measures. In Ghana, for example, local governance is an area where traditional leadership and the constitutional government sometimes lock horns. Traditional leaders often feel left out when the government takes decisions affecting their people and land without their consent or involvement. Political and economic inclusion is the companion requirement for effective and legitimate governance. Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. Even old-fashioned tyrants learn that inclusion or co-option are expensive. Among them were those in Ethiopia, Morocco, Swaziland, and Lesotho. 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 same factors that hinder nation-building hinder democratization. African political elites are more determined than ever to shape their own destiny, and they are doing so. Yet, the traditional judicial system in most cases operates outside of the states institutional framework. Virtually every group was involved in the . Most of the regions states were defined geographically by European cartographers at the start of the colonial period. In addition to these measures, reconciling fragmented institutions would be more successful when governments invest more resources in transforming the traditional socioeconomic space. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. African Governance: Challenges and Their Implications. 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. Stated another way, if the abolition of term limits, neo-patrimonialism, and official kleptocracy become a regionally accepted norm, this will make it harder for the better governed states to resist the authoritarian trend. 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. On the other hand, their endurance creates institutional fragmentation that has adverse impacts on Africas governance and socioeconomic transformation. 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. Furthermore, for generations, Africans were taught the Western notion of the tribe as . African political systems are described in a number of textbooks and general books on African history. The link was not copied. This is done through the enforcement agencies such as the police force. 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. However, at the lower level of the hierarchy of the centralized system, the difference between the centralized and decentralized systems tends to narrow notably. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. It seems clear that Africas conflict burden declined steadily after the mid-1990s through the mid-2000s owing to successful peace processes outstripping the outbreak of new conflicts; but the burden has been spiking up again since then. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. 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. The opinions expressed on this website are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University. When a seemingly brittle regime reaches the end of its life, it becomes clear that the state-society gap is really a regime-society gap; the state withers and its institutions become hollow shells that serve mainly to extract rents.
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