Violating customary property rights, especially land takings, without adequate compensation impedes institutional reconciliation by impoverishing rather than transforming communities operating in the traditional economic system. 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. Freedom House calculated that 17 out of 50 countries it covered were free or partly free in 1988, compared to 31 out of 54 countries in these categories by 2015. The key lies in identifying the variables that will shape its context. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. 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. Issues of corruption and transparency are likely to become driving themes in African politics. Note that Maine and . 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. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. One-sided violence against unarmed civilians has also spiked up since 2011.4, These numbers require three major points of clarification. 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 . The Alafin as the political head of the empire was . They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. 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. On the eve of the departure of the colonial power, the Nigerian power elite in collusion with the departing colonial authority, drew up an elaborate constitution for a liberal bourgeois state - complete with provisions for parties in government and those in opposition. 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 political systems of most African nations are based on forms of government put in place by colonial authorities during the era of European rule. An analytical study and impact of colonialism on pre-colonial centralized and decentralized African Traditional and Political Systems. Transforming the traditional economic system is also likely to require embracing and utilizing the traditional institutional systems as vehicles for the provision of public services. As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. It is also challenging to map them out without specifying their time frame. Political leaders everywhere face competing demands in this regard. 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. 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. As noted, there are notable differences in the authority systems of African traditional institutions. Features Of Traditional Government Administration. 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. Impact of Historical Origins of African State System2. Printed from Oxford Research Encyclopedias, Politics. 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. Copy this link, or click below to email it to a friend. Obstruction of nation-building: Nation-building entails a process of integrating different segments of the citizenry to form a community of citizens under shared institutions. Abstract. 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. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. 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. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. 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. As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. Posted: 12 May 2011. First, many of the conflicts enumerated take place within a limited number of conflict-affected countries and in clearly-defined geographic zones (the Sahel and Nigeria; Central Africa; and the Horn.) This layer of institutions is the subject of inquiry of this article. No doubt rural communities participate in elections, although they are hardly represented in national assemblies by people from their own socioeconomic space. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice). 14 L.A. Ayinla 'African Philosophy of Law: A Critique' 151, available at Another basic question is, whom to include? Traditional African religions are less of faith traditions and more of lived traditions. The purpose is to stress that such efforts and the attendant will Even the court system is designed to provide for consociational, provincial, and local organization, not as separate courts but as divisions of the key national courts; once again, a compromise between a fully federal or consociational arrangement and the realities of the South African situation that emphasize the preservation of national unity . The colonial system constitutes the second section. In other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. While comprehensive empirical studies on the magnitude of adherence to traditional institutions are lacking, some studies point out that most people in rural areas prefer the judicial service provided by traditional institutions to those of the state, for a variety of reasons (Logan, 2011; Mengisteab & Hagg, 2017). The leaders in this system have significant powers, as they often are custodians of their communitys land and they dispense justice in their courts. Roughly 80% of rural populations in selected research sites in Ethiopia, for example, say that they rely on traditional institutions to settle disputes, while the figure is around 65% in research sites in Kenya (Mengisteab & Hagg, 2017). Democratic and dictatorial regimes both vest their authority in one person or a few individuals. The means by which the traditional government reached out to her subjects varied from sounds, signs to symbol, and the central disseminator was the "town crier". 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. for a democratic system of government. The article has three principal objectives and is organized into four parts. Often women are excluded from participation in decision making, especially in patrilineal social systems. 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. 7. Since then, many more have been formulated, but the main themes and ideas have remained. In a few easy steps create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests. 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 . 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. Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. By the mid-1970s, the military held power in one-third of the nations of sub-Saharan Africa. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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). The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . Almost at a stroke, the relationships between African governments and the major powers and major sources of concessional finance were upended, while political liberalization in the former Soviet bloc helped to trigger global political shock waves. Keywords: Legal Pluralism, African Customary Law, Traditional Leadership, Chieftaincy, Formal Legal System Relationship With, Human Rights, Traditional Norms, Suggested Citation: Cookie Settings. The African Charter embodies some of the human . This outline leads us to examine more closely the sources of legitimacy in African governance systems. Authority in this system was shared or distributed to more people within the community. The regime in this case captures the state, co-opts the security organs, and dissolves civil society. A Sociology of Education for Africa . One layer represents the formal institutions (laws) of the state. 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. The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. Tribes had relatively little power outside their own group during the colonial period. Some trust traditional leaders more than they trust state authorities. In some cases, community elders select future Sultanes at a young age and groom them for the position. Beyond such macro factors, several less obvious variables seem important to the political and economic governance future of the region. To sum up, traditional institutions provide vital governance services to communities that operate under traditional socioeconomic spaces. 1.4. 1. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. Some African nations are prosperous while others struggle. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. 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. not because of, the unique features of US democracy . Different property rights laws are a notable source of conflict in many African countries. 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. Additionally, inequalities between parallel socioeconomic spaces, especially with respect to influence on policy, hinder a democratic system, which requires equitable representation and inclusive participation. 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. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, 27 Pages 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 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. Traditional governments have the following functions; In many cases European or Islamic legal traditions have replaced or significantly modified traditional African ones. On the opposite side are the decentralized systems, led by a council of elders, that command little formal power. Figure 1 captures this turn to authoritarianism in postindependence Africa. Ten years later, in 2017, the number of conflicts was 18, taking place in 13 different countries. Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. Government: A Multifarious Concept 1.2. Our data indicate that traditional leaders, chiefs and elders clearly still play an important role in the lives 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. 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. 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. 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. Most of the states that had attempted to abolish chieftaincy have retracted the abolitionist decrees and reinstated chiefs. Other governance systems in the post-independence era and their unique features, if any. A third objective is to examine the relevance of traditional institutions. Recent developments add further complications to the region: (a) the collapse of Libya after 2011, spreading large quantities of arms and trained fighters across the broader Sahel region; (b) the gradual toll of desertification placing severe pressure on traditional herder/farmer relationships in places like Sudan and Nigeria; and, (c) the proliferation of local IS or Al Qaeda franchises in remote, under-governed spaces. Africas states are the worlds newest, and it can hardly be surprising that Africans define themselves in terms of multiple identities including regional, tribal, clan-based, and religious onesin addition to being citizens of a relatively new state. South Africa has a mixed economy in which there is a variety of private freedom, combined with centralized economic . 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. Government and Political Systems. Rule that is based on predation and political monopoly is unlikely to enjoy genuine popular legitimacy, but it can linger for decades unless there are effective countervailing institutions and power centers. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. A Long Journey: The Bantu Migrations. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. 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). Within this spectrum, some eight types of leadership structures can be identified. Government and the Political System 2.1. 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. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. What sets Hoover apart from all other policy organizations is its status as a center of scholarly excellence, its locus as a forum of scholarly discussion of public policy, and its ability to bring the conclusions of this scholarship to a public audience. 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. 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. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. Government as a Structural Element of Society 2.2. 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. 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. 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. . Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. Another layer represents the societal norms and customs that differ along various cultural traits. Building an inclusive political system also raises the question of what levels of the society to include and how to assure that local communities as well as groups operating at the national level can get their voices heard. A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. In Africa, as in every region, it is the quality and characteristics of governance that shape the level of peace and stability and the prospects for economic development. The development of inclusive institutions may involve struggles that enable political and societal actors to check the domination of entrenched rulers and to broaden rule-based participation in governance. 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. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. 2. Large countries such as the DRC, Ethiopia, and Mozambique are likely to experience pressures against centralized, authoritarian, or one-party governance (whether accompanied by real elections or not). Virtually every group was involved in the . The first three parts deal with the principal objectives of the article. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. 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. A more recent example of adaptive resilience is being demonstrated by Ethiopias Abiy Ahmed. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. The reasons why rural communities adhere to the traditional institutions are many (Logan, 2011; Mengisteab & Hagg, 2017). (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. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. Seeming preference for Democracy in Africa over other governance systems in Africa before and after independence 15-17 1.5. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. This is in part because the role of traditional leaders has changed over time. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. The population in the traditional system thus faces a vicious cycle of deprivation. 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. A Functional Approach to define Government 2. 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. The usual plethora of bour- The customary structures of governance of traditional leadership were put aside or transformed. 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. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). 28, (1984) pp. Extensive survey research is required to estimate the size of adherents to traditional institutions. Competing land rights laws, for instance, often lead to appropriations by the state of land customarily held by communities, triggering various land-related conflicts in much of Africa, especially in areas where population growth and environmental degradation have led to land scarcity. African countries are characterized by fragmentation of various aspects of their political economy, including their institutions of governance. In this paper, I look first at the emergence of the African state system historically, including colonial legacies and the Cold Wars impact on governance dynamics. A look at the economic systems of the adherents of the two institutional systems also gives a good indication of the relations between economic and institutional systems. The differences are in terms of how leaders come to assume their positions, how much power they command, and how accountable they are to their communities. Uneven access to public services, such as educational, health, and communication services, and the disproportionately high poverty rates in the traditional sector are manifestations of the sectors marginalization. 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? Your gift helps advance ideas that promote a free society. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. 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. On the one side, there are the centralized systems where leaders command near absolute power. The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. It is too soon to tell whether such institutions can evolve in modern Africa as a result of gradual tinkering with reformist agendas, as the legacy of wise leaders; or whether they will only happen as a result of fundamental tests of strength between social and political groups. 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 A second argument is that traditional institutions are hindrances to the development of democratic governance (Mamdani, 1996; Ntsebeza, 2005). Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. Judicial marginalization: Another challenge posed by institutional fragmentation relates to marginalization of the traditional system within the formal legal system. 1. 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. 2. Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). This short article does not attempt to provide answers to all these questions, which require extensive empirical study. This section grapples with the questions of whether traditional institutions are relevant in the governance of contemporary Africa and what implications their endurance has on Africas socioeconomic development. 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.