In other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. This we might call transformative resilience.21. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. 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 . The role of chieftaincy within post-colonial African countries continues to incite lively debates, as the case of Ghana exemplifies. 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. not because of, the unique features of US democracy . Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. In addition to these measures, reconciling fragmented institutions would be more successful when governments invest more resources in transforming the traditional socioeconomic space. Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political systems. 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. This brief essay began by identifying the state-society gap as the central challenge for African governance. Often women are excluded from participation in decision making, especially in patrilineal social systems. Other governance systems in the post-independence era and their unique features, if any. With the dawn of colonialism in Africa, the traditional African government was sys-tematically weakened, and the strong and influential bond between traditional lead- . The indigenous political system had some democratic features. Traditional governments have the following functions; Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. Government and Political Systems. Decision making is generally participatory and often consensus-based. 79 (3), (1995) pp. The purpose is to stress that such efforts and the attendant will Despite undergoing changes, present-day African traditional institutions, namely the customary laws, the judicial systems and conflict resolution mechanisms, and the property rights and resource allocation practices, largely originate from formal institutions of governance that existed under precolonial African political systems. 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). However, there are customs and various arrangements that restrain their power. Communities in the traditional socioeconomic space are hardly represented in any of the organizations of the state, such as the parliament, where they can influence policy and the legal system to reflect their interests. FUNCTIONS OF GOVERNMENT. The first objective of the article is to shed light on the socioeconomic foundations for the resilience of Africas traditional institutions. It assigned them new roles while stripping away some of their traditional roles. The same source concluded that 7 out of the 12 worst scores for political rights and civil liberties are African.11 As noted, the reasons vary: patrimonialism gone wrong (the big man problem), extreme state fragility and endemic conflict risks, the perverse mobilization of ethnicity by weak or threatened leaders. Problems and Purpose. The quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. Consequently, national and regional governance factors interact continuously. Three layers of institutions characterize most African countries. They also serve as guardians and symbols of cultural values and practices. Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? 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). A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. 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. Indeed, it should be added that a high percentage of todays conflicts are recurrences of previous ones, often in slightly modified form with parties that may organize under more than one flag. In the thankfully rare cases where national governance breaks down completelySouth Sudan, Somalia, CARits absence is an invitation to every ethnic or geographic community to fend for itselfa classic security dilemma. The system of government in the traditional Yoruba society was partially centralised and highly democratic. 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. Similarly, the process of conflict resolution is undertaken in an open assembly and is intended to reconcile parties in conflict rather than to merely punish offenders. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. Pre-colonial Administration of the Yorubas. The Chinese understand the basics. Chief among them is that they remain key players in governing and providing various types of service in the traditional sector of the economy because of their compatibility with that economic system. Traditional affairs. During the colonial period, "tribe" was used to identify specific cultural and political groups in much the same way as "nation" is defined above. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. This is done through the enforcement agencies such as the police force. Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. Presently, Nigeria practices the federal system. 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 third section deals with the post-colonial period and discusses some problems associated with African administration. By the mid-1970s, the politics of Africa had turned authoritarian. Table 1 shows the proportion of the population that operates under traditional economic systems in selected African countries. This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. Tribes had relatively little power outside their own group during the colonial period. The leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. They include: Monarchs (absolute or constitutional): While the colonial state reduced most African kings to chiefs, a few survived as monarchs. Tribe Versus Ethnic Group. 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. Even old-fashioned tyrants learn that inclusion or co-option are expensive. 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. The analysis presented here suggests that traditional institutions are relevant in a number of areas while they are indispensable for the governance of Africas traditional economic sector, which lies on the fringes of formal state institutions. Council of elders: These systems essentially operate on consensual decision-making arrangements that vary from one place to another. 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. Governments that rely on foreign counterparts and foreign investment in natural resources for a major portion of their budgetsrather than on domestic taxationare likely to have weaker connections to citizens and domestic social groups. Why traditional institutional systems endure, how large the adherents to them is, and why populations, especially in rural areas, continue to rely on traditional institutions, even when an alternative system is provided by the state, and what the implications of institutional dichotomy is are questions that have not yet received adequate attention in the literature. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. Reconciling the parallel institutional systems is also unlikely to deliver the intended results in a short time; however, there may not be any better alternatives. 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. 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. In Module Seven A: African History, you explored the histories of a wide diversity of pre-colonial African societies. 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. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. One layer represents the formal institutions (laws) of the state. 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. An analytical study and impact of colonialism on pre-colonial centralized and decentralized African Traditional and Political Systems. Music is a form of communication and it plays a functional role in African society . 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. 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. The traditional justice system, thus, does not have the power to grant any rights beyond the local level. Although much has been lost in the shadows and fogs of a time before people created written accounts, historians . 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. "Law" in traditional Africa includes enforceable traditions, customs, and laws. The first type is rights-based legitimacy deriving from rule of law, periodic elections, and alternation of political power, the kind generally supported by western and some African governments such as Ghana and Senegal. 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. 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. 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. Botswanas strategy has largely revolved around integrating parallel judicial systems. 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. Communities like the Abagusii, Ameru, Akamba, Mijikenda, and Agikuyu in Kenya had this system of government. 134-141. Hindrance to democratization: Perhaps among the most important challenges institutional fragmentation poses is to the process of democratization. Evidence from case studies, however, suggests that the size of adherents varies from country to country. 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). However, the system of traditional government varied from place to place. 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. African Governance: Challenges and Their Implications. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. Towards a Definition of Government 1.3. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. 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. Features Of Traditional Government Administration. Lawmaking: government makes laws to regulate the behavior of its citizens. Yet, governments are expected to govern and make decisions after consulting relevant stakeholders. 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. 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. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. One common feature is recognition of customary property rights laws, especially that of land. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). The population in the traditional system thus faces a vicious cycle of deprivation. This situation supported an external orientation in African politics in which Cold War reference points and former colonial relationships assured that African governments often developed only a limited sense of connection to their own societies. Authority in this system was shared or distributed to more people within the community. 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. Misguided policies at the national level combined with cultural constraints facing these social groups may increase exclusion and create seeds of future trouble. More frequently, this form of rule operates at the sub-state level as in the case of the emir of Kano or the Sultan of Sokoto in Nigeria or the former royal establishments of the Baganda (Uganda) or the Ashanti (Ghana). Hoover Education Success Initiative | The Papers. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. Yet political stability cannot be based on state power alone, except in the short run. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. The leaders in this system have significant powers, as they often are custodians of their communitys land and they dispense justice in their courts. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. One of these will be the role and weight of various powerful external actors. The African Charter embodies some of the human . 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. It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. West Africa has a long and complex history. With respect to their relevance, traditional institutions remain indispensable for several reasons. What policies and laws will determine relations between farmers and urban dwellers, between farmers and herders, between diverse identity groups living in close proximity or encroaching on each others farm land, and between public officials, criminal networks and ordinary citizens? Impact of Historical Origins of African State System2. 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. 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? The government system is a republic; the chief of state and head of government is the president. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. Why can't democracy with African characteristics maintain the values, culture and traditional system of handling indiscipline, injustice and information management in society to take firm roots. 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). Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. A Sociology of Education for Africa . Government, Public Policy Performance, Types of Government. 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. The key lies in identifying the variables that will shape its context. In some cases, they are also denied child custody rights. 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. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. Under the circumstances, it becomes critical that traditional leaders are directly involved in local governance so that they protect the interests of their communities. 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. The link between conflict and governance is a two-way street. A Functional Approach to define Government 2. 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 Oxford Poverty and Human Development Initiative (Alkire, Chatterjee, Conconi, Seth, & Vaz, 2014) estimates that the share of rural poverty to total poverty in sub-Saharan Africa is about 73.8%. Cookie Settings. 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. As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. On the other hand, their endurance creates institutional fragmentation that has adverse impacts on Africas governance and socioeconomic transformation. On the one hand, traditional institutions are highly relevant and indispensable, although there are arguments to the contrary (see Mengisteab & Hagg [2017] for a summary of such arguments). Invented chiefs and state-paid elders: These were chiefs imposed by the colonial state on decentralized communities without centralized authority systems. 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. 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. . Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the Rural . 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. Note that Maine and . 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. Each of these societies had a system of government. Most of the states that had attempted to abolish chieftaincy have retracted the abolitionist decrees and reinstated chiefs. 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). The Dutch dispatched an embassy to the Asantehene's . This section attempts to explain these seemingly contradictory implications of traditional institutions. Poor gender relations: Traditional institutions share some common weaknesses. The council system of the Berbers in Northern Africa also falls within this category (UNECA, 2007). 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.
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