Typically, such leaders scheme to rig elections or to change constitutional term limitsactions seen in recent years in such countries as Rwanda and Uganda. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. To complicate matters further, the role of traditional institutions is likely to be critical in addressing the problem of institutional fragmentation. In some countries, such as Botswana, customary courts are estimated to handle approximately 80% of criminal cases and 90% of civil cases (Sharma, 2004). His dramatic tenure since April of 2018 appears to be shaking up the states creaky authoritarian services and creating the space for important adaptations such as ending a long-standing state of emergency, freeing political prisoners, reaching out to a wide range of foreign partners, and extending the olive branch to Eritrea with whom Ethiopia had fought a costly war. The 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. Chester A. Crocker is the James R. Schlesinger Professor of Strategic Studies at Georgetown University. . 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. One of these is the potential influence exerted by the regions leading states, measured in terms of size, population, economic weight, and overall political clout and leadership prestige. The leaders, their families and allies are exempt. 1. 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. Council of elders: These systems essentially operate on consensual decision-making arrangements that vary from one place to another. Before delving into the inquiry, clarification of some issues would be helpful in avoiding confusion. Cookie Settings. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? 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. Consequently, national and regional governance factors interact continuously. By Sulayman Sanneh Date: September 10th, 2021. fIntroduction Africa is a vast and . This kind of offences that attract capital punishment is usually . There is little doubt that colonial occupation and the ensuing restructuring of African political entities and socioeconomic systems altered African traditional institutions of governance. 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. These consisted of monarchy, aristocracy and polity. African countries are characterized by fragmentation of various aspects of their political economy, including their institutions of governance. 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 indigenous political system had some democratic features. It is also challenging to map them out without specifying their time frame. 28, (1984) pp. Features Of Traditional Government Administration. The origins of this institutional duality, the implications of which are discussed in Relevance and Paradox of Traditional Institutions, are largely traceable to the colonial state, as it introduced new economic and political systems and superimposed corresponding institutional systems upon the colonies without eradicating the existed traditional economic, political, and institutional systems. Customary law also manages land tenure and land allocation patterns. Editorial Citizenship and Accountability: Customary Law and Traditional 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. In other cases, however, they survived as paid civil servants of the state without displacing the traditional elder-based traditional authority systems. 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. Chiefs such as those of the Nuer and Dinka are examples of this category. By the mid-1970s, the politics of Africa had turned authoritarian. Such a transformation would render traditional institutions dispensable. 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. Traditional Political Ideas, Values, and Practices: Their Status in the However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). The problems that face African governments are universal. 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. These features include nonprofits, non-profits and hybrid entities are now provide goods and services that were once delivered by the government. African political systems are described in a number of textbooks and general books on African history. 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. 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. African traditional institutions continue to exist in most African countries, albeit at different levels of adherence by the populations of the continent. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. 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. African Style Democracy? - Public Seminar Different property rights laws are a notable source of conflict in many African countries. Good and inclusive governance is imperative for Africa's future This is done through the enforcement agencies such as the police force. Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. Under the circumstances, it becomes critical that traditional leaders are directly involved in local governance so that they protect the interests of their communities. There were several reasons for such measures. Government and Political Systems. This section attempts to explain these seemingly contradictory implications of traditional institutions. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. 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. Institutional dichotomy also seems to be a characteristic of transitional societies, which are between modes of production. To learn more, visit Africa: Government and Political Systems - Geography The council system of the Berbers in Northern Africa also falls within this category (UNECA, 2007). Tribes had relatively little power outside their own group during the colonial period. Poor statesociety relations and weak state legitimacy: Another critical outcome of institutional fragmentation and institutional detachment of the state from the overwhelming majority of the population is weak legitimacy of the state (Englebert, 2000). These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. These include macro variables such as educational access (especially for women), climate change impact and mitigation, development and income growth rates, demographic trends, internet access, urbanization rates, and conflict events. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. The same technology vectors can also empower criminal, trafficking, and terrorist networks, all of which pose threats to state sovereignty. 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.) They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. African Solutions for African Problems - The Real Meaning "Law" in traditional Igbo and other African societies assumes a wide dimension and should be understood, interpreted, and applied as such, even if such a definition conflicts with the Western idea. 2. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. Given its institutional disconnect with the state, the traditional sector and the communities that operate under it invariably face marginalization in influencing policy as well as in access to economic resources throughout the continent. Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. Access to Justice In Sub-Saharan Africa: Role of Traditional and The Role of Traditional Leaders in Post Independence Countries Botswana African Politics: A Very Short Introduction | Oxford Academic 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.1. Traditional African religions are less of faith traditions and more of lived traditions. Africa's tumultuous political history has resulted in extreme disparities between the wealth and stability of its countries. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. Features/Characteristics Of Government - 2022 - StopLearn In Ghana, for example, local governance is an area where traditional leadership and the constitutional government sometimes lock horns. Traditional leaders often feel left out when the government takes decisions affecting their people and land without their consent or involvement. Pre-colonial Political System In Nigeria (Yoruba Traditional System) Often women are excluded from participation in decision making, especially in patrilineal social systems. 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. 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. This is in part because the role of traditional leaders has changed over time. (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. 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. However, at the lower level of the hierarchy of the centralized system, the difference between the centralized and decentralized systems tends to narrow notably. States would be more effective in reforming the traditional judicial system if they recognized them rather than neglecting them, as often is the case. The leader is accountable to various levels of elders, who serve as legislators and as judges (Legesse, 1973; Taa, 2017). The purpose is to stress that such efforts and the attendant will (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. 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. Constitutions of postcolonial states have further limited the power of chiefs. As noted, there are notable differences in the authority systems of African traditional institutions. Africa: Laws and Legal Systems - Geography Relevance of African traditional institutions of governance | Eldis 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? Towards a Definition of Government 1.3. 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. For example, the election day itself goes more or less peacefully, the vote tabulation process is opaque or obscure, and the entire process is shaped by a pre-election playing field skewed decisively in favor of the incumbents. Rather, they are conveners of assemblies of elders or lower level chiefs who deliberate on settlement of disputes. Ideally, African nations will benefit when civil society respects the states role (as well as the other way around); rather than one-sided advocacy, both sides should strive to create a space for debate in order to legitimize tolerance of multiple views in society. 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. The key . African Governance: Challenges and Their Implications. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. 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 traditional justice system, thus, does not have the power to grant any rights beyond the local level. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. A third objective is to examine the relevance of traditional institutions. 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 other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. 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. The end of colonialism, however, did not end institutional dichotomy, despite attempts by some postcolonial African states to abolish the traditional system, especially the chieftaincy-based authority systems. In the centralized systems also, traditional leaders of various titles were reduced to chiefs and the colonial state modified notably the relations between the chiefs and their communities by making the chiefs accountable to the colonial state rather than to their communities (Coplan & Quinlan, 1997). Examine the definitions, strengths, and weaknesses of several common governments: monarchy, theocracy . 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. Understanding the Gadaa System. It also develops a theoretical framework for the . 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 PDF NNSO OKAF, Ph.D. (a.k.a. OKEREAFEZEKE) 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. Relatively unfettered access to the internet via smart phones and laptops brings informationand hence potential powerto individuals and groups about all kinds of things: e.g., market prices, the views of relatives in the diaspora, conditions in the country next door, and the self-enrichment of corrupt officials. During the colonial period, "tribe" was used to identify specific cultural and political groups in much the same way as "nation" is defined above. They are less concerned with doctrines and much more so with rituals . The government system is a republic; the chief of state and head of government is the president. Ten years later, in 2017, the number of conflicts was 18, taking place in 13 different countries. Act,12 the African system of governance was changed and transformed, and new structures were put in place of old ones.13 Under the Union of South Africa, the Gov- 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%. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. 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 formal institutions of checks and balances and accountability of leaders to the population are rather weak in this system. While empirical data are rather scanty, indications are that the traditional judicial system serves the overwhelming majority of rural communities (Mengisteab & Hagg, 2017). Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. The features associated with this new form of governmental administration deal with smaller government responsibility for providing goods and services. media system, was concerned with the more systematized dissemination of information between the traditional administrative organ and the people (subjects). Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . 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. African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. President Muhammadu Buhari is currently the federal head of state and government. Learn more about joining the community of supporters and scholars working together to advance Hoovers mission and values. 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. Enlightened leaders face a more complex version of the same challenge: how to find and mobilize the resources for broad-based inclusiveness? Table 1 shows the proportion of the population that operates under traditional economic systems in selected African countries. The term covers the expressed commands of South Africa has a mixed economy in which there is a variety of private freedom, combined with centralized economic . African political elites are more determined than ever to shape their own destiny, and they are doing so. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. 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. Each of these societies had a system of government. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. 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. 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. 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 balance of power between official and non-official actors will likely shift, as networked activists assert their ability to organize and take to the streets on behalf of diverse causes. 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. Ancient West Africa: Bantu Migrations & the Stateless Society 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. Although much has been lost in the shadows and fogs of a time before people created written accounts, historians . Note that Maine and . Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. 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). The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. Under conditions where nation-building is in a formative stage, the retribution-seeking judicial system and the winner-take-all multiparty election systems often lead to combustible conditions, which undermine the democratization process. "Law" in traditional Africa includes enforceable traditions, customs, and laws. Basing key political decisions on broad societal and inter-party consensus may help to de-escalate cutthroat competition that often leads to violent conflicts. 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. Three layers of institutions characterize most African countries. 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. Nation, Tribe and Ethnic Group in Africa | Cultural Survival On the one hand, they recognize the need for strong, responsive state institutions; weak, fragile states do not lead to good governance. 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). This point links the reader to the other Africa chapters that have been prepared for this project.
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