Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. In West Africa, a griot is a praise singer or poet who possesses a repository of oral tradition passed down from generation to generation. 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. Large states and those with complex ethnic and geographic featurese.g., the DRC, Nigeria, Uganda, the Sudans, Ethiopiamay be especially prone to such multi-sourced violence. On the one hand, they recognize the need for strong, responsive state institutions; weak, fragile states do not lead to good governance. A third layer lies between the other two layers and is referred to in this article as traditional institutions. 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. All the characteristic features of a traditional society are, for obvious reasons, reflected in the education system. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. This process becomes difficult when citizens are divided into parallel socioeconomic spaces with different judicial systems, property rights laws, and resource allocation mechanisms, which often may conflict with each other. Understanding the Gadaa System. The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. Consequently, national and regional governance factors interact continuously. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. 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. 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. 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. Problems and Purpose. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? 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. 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. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . (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. Additionally, inequalities between parallel socioeconomic spaces, especially with respect to influence on policy, hinder a democratic system, which requires equitable representation and inclusive participation. In this view, nations fail because of extractive economic and political institutions that do not provide incentives for growth and stability. The formal institutions of checks and balances and accountability of leaders to the population are rather weak in this system. The Dutch dispatched an embassy to the Asantehene's . Cold War geopolitics reinforced in some ways the state-society gap as the global rivalry tended to favor African incumbents and frequently assured they would receive significant assistance from external powers seeking to build diplomatic ties with the new states. However, at the lower level of the hierarchy of the centralized system, the difference between the centralized and decentralized systems tends to narrow notably. The institution of traditional leadership in Africa pre-existed both the colonial and apartheid systems and was the only known system of governance among indigenous people. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. 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). 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. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. One of these will be the role and weight of various powerful external actors. In some cases, they are also denied child custody rights. 17-19 1.6. The leaders, their families and allies are exempt. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. 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. 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. 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. 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. Often women are excluded from participation in decision making, especially in patrilineal social 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. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. Challenges confronting the institution of chieftaincy have continued from the colonial era into recent times. Additionally, the transaction costs for services provided by the traditional institutions are much lower than the services provided by the state. 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. Cookie Settings. 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. 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. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). 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. However, their participation in the electoral process has not enabled them to influence policy, protect their customary land rights, and secure access to public services that would help them overcome their deprivation. 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? You could not be signed in, please check and try again. for in tradi-tional African communities, politics and religion were closely associated. There are several types of government that are traditionally instituted around the world. The introduction of alien economic and political systems by the colonial state relegated Africas precolonial formal institutions to the sphere of informality, although they continued to operate in modified forms, in part due to the indirect rule system of colonialism and other forms of reliance by colonial states on African institutions of governance to govern their colonies. The political history of Africa begins with the emergence of hominids, archaic humans andat least 200,000 years agoanatomically modern humans (Homo sapiens), in East Africa, and continues unbroken into the present as a patchwork of diverse and politically developing nation states. 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. 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. This study points to a marked increase in state-based conflicts, owing in significant part to the inter-mixture of Islamic State factions into pre-existing conflicts. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. The same technology vectors can also empower criminal, trafficking, and terrorist networks, all of which pose threats to state sovereignty. 1.4. Certain offences were regarded as serious offences. Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. This is done through the enforcement agencies such as the police force. 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). African states are by no means homogeneous in terms of governance standards: as the Mo Ibrahim index based on 14 governance categories reported in 2015, some 70 points on a scale of 100 separated the best and worst performers.16. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . However, the system of traditional government varied from place to place. 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. Africas economic systems range from a modestly advanced capitalist system, symbolized by modern banking and stock markets, to traditional economic systems, represented by subsistent peasant and pastoral systems. He served as assistant secretary of state for African affairs from 1981 to 1989. 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. Constitutions of postcolonial states have further limited the power of chiefs. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. 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 20th century. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. In some cases, community elders select future Sultanes at a young age and groom them for the position. In other cases, however, they survived as paid civil servants of the state without displacing the traditional elder-based traditional authority systems. 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. It is also challenging to map them out without specifying their time frame. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. 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. Poor gender relations: Traditional institutions share some common weaknesses. As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. The evidence suggests that traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. The key . Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. Greater access to public services and to productivity-enhancing technology would also help in enhancing the transformation of the subsistence sector. Freedom Houses ratings see a pattern of decline since 2005 and note that 10 out of 25 countries (worldwide) with declining ratings are in Africa. MyHoover delivers a personalized experience atHoover.org. 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 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. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. The initial constitutions and legal systems were derived from the terminal colonial era. Safeguarding womens rights thus becomes hard without transforming the economic system under which they operate. 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 . Our data indicate that traditional leaders, chiefs and elders clearly still play an important role in the lives Traditional leadership in South Africa pre-existed both the colonial and apartheid systems of governance and was the main known system of governance amongst indigenous people. Although much has been lost in the shadows and fogs of a time before people created written accounts, historians . An election bound to be held in the year 2019 will unveil the new . Traditional affairs. Thus, another report by PRIO and the University of Uppsala (two Norwegian and Swedish centers) breaks conflict down into state-based (where at least one party is a government), non-state-based (neither party is an official state actor), and one-sided conflicts (an armed faction against unarmed civilians). by the Board of Trustees of Leland Stanford Junior University. This discussion leads to an analysis of African conflict trends to help identify the most conflict-burdened sub-regions and to highlight the intimate link between governance and conflict patterns. Evidence from case studies, however, suggests that the size of adherents varies from country to country. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. Keywords: Legal Pluralism, African Customary Law, Traditional Leadership, Chieftaincy, Formal Legal System Relationship With, Human Rights, Traditional Norms, Suggested Citation: In Igbo land for example the system of government was quite unique and transcends the democracy of America and Europe. Maintenance of law and order: the primary and most important function of the government is to maintain law and order in a state. Among the attributes of the traditional system with such potential is the systems transparent and participatory process of resolving conflicts, which takes place in open public meetings. Introduction: The Meaning of the Concept Government 1.1. 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). Such post-electoral pacts reflect the conclusion that stability is more important than democracy. A second objective is to draw a tentative typology of the different authority systems of Africas traditional institutions. In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. Yet political stability cannot be based on state power alone, except in the short run. f Basic Features cont. 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. President Muhammadu Buhari is currently the federal head of state and government. 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. We know a good deal about what Africans want and demand from their governments from public opinion surveys by Afrobarometer. The place and role of African Youth in Pre-independence African Governance Systems 19-20 1.7. 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. 2. 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 section attempts to explain these seemingly contradictory implications of traditional institutions. Posted: 12 May 2011. South Africas strategy revolves around recognition of customary law when it does not conflict with the constitution and involves traditional authorities in local governance. If African political elite opinion converges with that of major external voices in favoring stabilization over liberal peacebuilding agendas, the implications for governance are fairly clear.17. These consisted of monarchy, aristocracy and polity. Misguided policies at the national level combined with cultural constraints facing these social groups may increase exclusion and create seeds of future trouble. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. Impact of Historical Origins of African State System2. However, they do not have custodianship of land and they generally do not dispense justice on their own. They are the key players in providing judicial service and in conflict management in much of rural Africa. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. Some trust traditional leaders more than they trust state authorities. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. Typically, such leaders scheme to rig elections or to change constitutional term limitsactions seen in recent years in such countries as Rwanda and Uganda. "Law" in traditional Africa includes enforceable traditions, customs, and laws. Traditional African religions are less of faith traditions and more of lived traditions. 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. A more recent example of adaptive resilience is being demonstrated by Ethiopias Abiy Ahmed. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. 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 leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). Womens inequality in the traditional system is related, at least in part, to age- and gender-based divisions of labor characterizing traditional economic systems. 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. Africa contains more sovereign nations than any other continent, with 54 countries compared to Asia's 47. Traditional governments have the following functions; Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). This adds to the challenge of building national identities; this identity vacuum increases the risk that political elites and social groups will capture the state for narrower, self-interested purposes that weaken, rather than strengthen, social cohesion. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. Government, Public Policy Performance, Types of Government. Government and the Political System 2.1. On the opposite side are the decentralized systems, led by a council of elders, that command little formal power. There was a lot of consultation between the elders before any major decision was made. They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. 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. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. 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. These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. Another basic question is, whom to include? A more recent argument is that traditional institutions are incompatible with economic, social, and civil rights (Chirayath, Sage, & Woolcock, 2005). To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? Furthermore, for generations, Africans were taught the Western notion of the tribe as . Thus, despite abolition efforts by postcolonial states and the arguments against the traditional institutions in the literature, the systems endure and remain rather indispensable for the communities in traditional economic systems. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. Traditional institutions already adjudicate undisclosed but large proportions of rural disputes. Another measure is recognition of customary law and traditional judicial systems by the state. 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.