Problems and Purpose. Cookie Settings. Different property rights laws are a notable source of conflict in many African countries. David and Joan Traitel Building & Rental Information, National Security, Technology & Law Working Group, Middle East and the Islamic World Working Group, Military History/Contemporary Conflict Working Group, Technology, Economics, and Governance Working Group, Answering Challenges to Advanced Economies, Understanding the Effects of Technology on Economics and Governance, Support the Mission of the Hoover Institution. 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. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. Africas geopolitical environment is shaped by Africans to a considerable degree. 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. The post-colonial State, on the other hand . Second, the levels of direct battle deaths from these events is relatively low when compared with far higher levels in the wars of the Middle East. 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 problems that face African governments are universal. 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. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. But African societies are exposed to especially severe pressures, and governments must operate in an environment of high social demands and limited resources and capacity with which to meet them. 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. Both types of government can be effective or infective depending on . The question then becomes, how to be inclusive?19 A number of African states have decentralized their political decision-making systems and moved to share or delegate authority from the center to provincial or local levels. 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. That is, each society had a set of rules, laws, and traditions, sometimes called customs, that established how the people would live together peacefully as part of larger group. 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. 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. The indigenous political system had some democratic features. 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. 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. 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 link was not copied. The same factors that hinder nation-building hinder democratization. The pre-colonial system in Yoruba can be described to be democratic because of the inclusion of the principle of checks and balances that had been introduced in the system of administration. However, the traditional judicial system has some weaknesses, especially with respect to gender equality. In some countries, such as Botswana, customary courts are estimated to handle approximately 80% of criminal cases and 90% of civil cases (Sharma, 2004). Legitimacy based on successful predation and state capture was well known to the Plantagenets and Tudors as well as the Hapsburgs, Medicis, and Romanovs, to say nothing of the Mughal descendants of Genghis Khan.14 In this fifth model of imagined legitimacy, some African leaders operate essentially on patrimonial principles that Vladimir Putin can easily recognize (the Dos Santos era in Angola, the DRC under Mobutu and Kabila, the Eyadema, Bongo, Biya, and Obiang regimes in Togo, Gabon, Cameroon, and Equatorial Guinea, respectively).15 Such regimes may seek to perpetuate themselves by positioning wives or sons to inherit power. It is also highly unlikely that such broader aspects of traditional institutions can be eliminated without transforming the traditional modes of production that foster them. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). There were several reasons for such measures. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. Africa's tumultuous political history has resulted in extreme disparities between the wealth and stability of its countries. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. 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. 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). As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. The government system is a republic; the chief of state and head of government is the president. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. Settling a case in an official court, for example, may involve long-distance travel for villagers and it may require lawyers, translators, a long wait, and court fees, while a traditional court rarely involves such costs and inconveniences. 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 category of chiefs serves their communities in various and sometimes complex roles, which includes spiritual service. 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. Perhaps one of the most serious shared weakness relates to gender relations. Careful analysis suggests that African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution, judicial systems, and decision-making practices, which are distinct from those of the state. The roles that traditional authorities can play in the process of good governance can broadly be separated into three categories: first, their advisory role to government, as well as their participatory role in the administration of regions and districts; second, their developmental role, complementing government?s efforts in mobilizing the . 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. 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. 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. Another basic question is, whom to include? 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. Additionally, the transaction costs for services provided by the traditional institutions are much lower than the services provided by the state. 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. Extensive survey research is required to estimate the size of adherents to traditional institutions. This enhanced his authority. 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. 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. The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. Government and the Political System 2.1. These consisted of monarchy, aristocracy and polity. A third argument claims that chieftaincy heightens primordial loyalties, as chiefs constitute the foci of ethnic identities (Simwinga quoted in van Binsberger, 1987, p. 156). Rather, they are conveners of assemblies of elders or lower level chiefs who deliberate on settlement of disputes. Political leaders everywhere face competing demands in this regard. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. 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. This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. The link between conflict and governance is a two-way street. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. 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. 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. 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. Your gift helps advance ideas that promote a free society. Communities like the Abagusii, Ameru, Akamba, Mijikenda, and Agikuyu in Kenya had this system of government. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. 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. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. The earliest known recorded history arose in Ancient Egypt . The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. African political elites are more determined than ever to shape their own destiny, and they are doing so. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. There is no more critical variable than governance, for it is governance that determines whether there are durable links between the state and the society it purports to govern. The customary structures of governance of traditional leadership were put aside or transformed. 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). Of the latter, 10 achieved the top rating of free, a conclusion close to ratings by the Economist Intelligence Unit (EIU).9 A more bullish reading drawn again from multiple sources is that over 60% of people in sub-Saharan Africa live in free or partly free countries, a situation that enabled a Brookings Institution study to conclude that the region [is] moving in fits and starts towards greater democratic consolidation.10 Countries absent from the apparent democratic wave missed its beginnings in the early and mid-1990s, became caught up in protracted or recurrent civil conflicts, or degenerated as a result of electoral violence or big men patrimonialism. . . Less than 20% of Africas states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from peaceful transfers of authority from colonial officials to African political elites. Command economies, as opposed to free-market economies, do not allow market forces like supply and demand to determine production or prices. A strict democracy would enforce the "popular vote" total over the entire United States. Towards a Definition of Government 1.3. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. 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). A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. This is in part because the role of traditional leaders has changed over time. In Igbo land for example the system of government was quite unique and transcends the democracy of America and Europe. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. This kind of offences that attract capital punishment is usually . One common feature is recognition of customary property rights laws, especially that of land. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, 27 Pages for a democratic system of government. Chester A. Crocker is the James R. Schlesinger Professor of Strategic Studies at Georgetown University. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. In many cases, the invented chieftaincies were unsuccessful in displacing the consensus-based governance structures (Gartrell, 1983; Uwazie, 1994). Democratic and dictatorial regimes both vest their authority in one person or a few individuals. Greater access to public services and to productivity-enhancing technology would also help in enhancing the transformation of the subsistence sector. Government: A Multifarious Concept 1.2. Such a transformation would render traditional institutions dispensable. Traditional affairs. Such adjustments, however, may require contextualization of the institutions of democracy by adjusting these institutions to reflect African realities. Evidence from case studies, however, suggests that the size of adherents varies from country to country. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. Should inclusion be an ongoing process or a single event? Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. The government is undertaking a review of local government, which includes a commitment to introduce direct election of metropolitan, municipal and district chief executives (MMDCEs). Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. Presently, Nigeria practices the federal system. He served as assistant secretary of state for African affairs from 1981 to 1989. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. The size and intensity of adherence to the traditional economic and institutional systems, however, vary from country to country. 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. A more recent argument is that traditional institutions are incompatible with economic, social, and civil rights (Chirayath, Sage, & Woolcock, 2005). Such post-electoral pacts reflect the conclusion that stability is more important than democracy. Hoover Education Success Initiative | The Papers. Customary law also manages land tenure and land allocation patterns. Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. African states, along with Asian, Middle Eastern, and even European governments, have all been affected. However, they are not merely customs and norms; rather they are systems of governance, which were formal in precolonial times and continue to exist in a semiformal manner in some countries and in an informal manner in others. Another driver of governance trends will be the access enjoyed by youthful and rapidly urbanizing populations to the technologies that are changing the global communications space. the system even after independence. 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. 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. Comparing Ethiopia and Kenya, for example, shows that adherents to the traditional institutional system is greater in Ethiopia than in Kenya, where the ratio of the population operating in the traditional economic system is smaller and the penetration of the capitalist economic system in rural areas is deeper. The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. Traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. By the mid-1970s, the military held power in one-third of the nations of sub-Saharan Africa. States would be more effective in reforming the traditional judicial system if they recognized them rather than neglecting them, as often is the case. There are also various arguments in the literature against traditional institutions.2 One argument is that chieftaincy impedes the pace of development as it reduces the relevance of the state in the area of social services (Tom Mboya in Osaghae, 1989). 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. 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. 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 . This brief essay began by identifying the state-society gap as the central challenge for African governance. 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. South Africa has a mixed economy in which there is a variety of private freedom, combined with centralized economic . Another layer represents the societal norms and customs that differ along various cultural traits. 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.) The article has three principal objectives and is organized into four parts. We know a good deal about what Africans want and demand from their governments from public opinion surveys by Afrobarometer. Traditional African religions are less of faith traditions and more of lived traditions. 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. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. 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. Unlike the laws of the state, traditional institutions rarely have the coercive powers to enforce their customary laws. Against this backdrop, where is African governance headed? Africa contains more sovereign nations than any other continent, with 54 countries compared to Asia's 47. Many other countries have non-centralized elder-based traditional institutions. 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. Our data indicate that traditional leaders, chiefs and elders clearly still play an important role in the lives As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. 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. Authority in this system was shared or distributed to more people within the community. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. Your current browser may not support copying via this button. Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the Rural . In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. A command economy, also known as a planned economy, is one in which the central government plans, organizes, and controls all economic activities to maximize social welfare. Not surprisingly, incumbent leaders facing these challenges look to short-term military remedies and extend a welcome to military partnerswith France, the United States, and the United Nations the leading candidates. 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. With the introduction of the Black Administration Act the African system of governance and administration was changed and the white government took control of the African population. The initial constitutions and legal systems were derived from the terminal colonial era. At times, these traditional security system elements are sufficient enough for some uses, but there's certainly no denying . In these relatively new nations, the critical task for leadership is to build a social contract that is sufficiently inclusive to permit the management of diversity. With the exceptions of a few works, such as Legesse (1973), the institutions of the decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems.