Another measure is recognition of customary law and traditional judicial systems by the state. 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. Hoover Education Success Initiative | The Papers. African traditional administrative system with bureaucratization in the emerged new states of Africa. The key . Your current browser may not support copying via this button. There was a lot of consultation between the elders before any major decision was made. Such post-electoral pacts reflect the conclusion that stability is more important than democracy. 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 guiding principle behind these two attributes is that conflict is a societal problem and that resolving conflict requires societal engagement. Virtually every group was involved in the . Traditional governments have the following functions; The Sultanes of Somalia are examples of this category and the community has specific criteria as to who is qualified to be a chief (Ahmed, 2017). The link was not copied. Constitutions of postcolonial states have further limited the power of chiefs. Decision making is generally participatory and often consensus-based. 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). Recent developments add further complications to the region: (a) the collapse of Libya after 2011, spreading large quantities of arms and trained fighters across the broader Sahel region; (b) the gradual toll of desertification placing severe pressure on traditional herder/farmer relationships in places like Sudan and Nigeria; and, (c) the proliferation of local IS or Al Qaeda franchises in remote, under-governed spaces. The structures of leadership of African traditional institutions are diverse and they have yet to be mapped out comprehensively. 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. Nonhereditary selected leaders with constitutional power: A good example of this is the Gada system of the Oromo in Ethiopia and Kenya. 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. Freedom House calculated that 17 out of 50 countries it covered were free or partly free in 1988, compared to 31 out of 54 countries in these categories by 2015. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. But established and recognized forms of inherited rule cannot be lightly dismissed as un-modern, especially when linked to the identity of an ethnic or tribal group, and could be construed as a building block of legitimacy. The 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. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. Hindrance to democratization: Perhaps among the most important challenges institutional fragmentation poses is to the process of democratization. This proposal will be subject to a referendum on the constitutional changes required.16.2e 2.4 Traditional leadership Traditional leaders are accorded 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. Violating customary property rights, especially land takings, without adequate compensation impedes institutional reconciliation by impoverishing rather than transforming communities operating in the traditional economic system. 14 L.A. Ayinla 'African Philosophy of Law: A Critique' 151, available at 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. Afrocentrism, also called Africentrism, cultural and political movement whose mainly African American adherents regard themselves and all other Blacks as syncretic Africans and believe that their worldview should positively reflect traditional African values. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. 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 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. They succeed when there are political conditions that permit a broad coalition to impose pluralist political institutions and limits and restraints on ruling elites.20 Thus, resilience of both state and society may hinge in the end on the rule of law replacing the rule of men. 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. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. Another category of chiefs is those who theoretically are subject to selection by the community. As noted, there are notable differences in the authority systems of African traditional institutions. 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. In addition, resolution needs to be acceptable to all parties. 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. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. . Both can be identified as forms of governance. The debate is defined by "traditionalists" and "modernists." . Key Takeaways. The third section deals with the post-colonial period and discusses some problems associated with African administration. It is imperative that customary land rights are recognized and respected so that communities in the traditional economic system exercise control of land and other resources under their customary ownership, at least until alternative sources of employment are developed to absorb those who might be displaced. In some countries, such as Botswana, customary courts are estimated to handle approximately 80% of criminal cases and 90% of civil cases (Sharma, 2004). Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. The traditional and informal justice systems, it is argued offers greater access to justice. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. 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. These circumstances can generate an authoritarian reflex and the temptation to circle the wagons against all sources of potential opposition. 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. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. Pre-colonial Administration of the Yorubas. Although much has been lost in the shadows and fogs of a time before people created written accounts, historians . The first objective of the article is to shed light on the socioeconomic foundations for the resilience of Africas traditional institutions. Abstract. Consequently, national and regional governance factors interact continuously. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. 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. (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. 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. If a critical mass of the leaderse.g., South Africa, Nigeria, Kenya, Ethiopia, Cote dIvoire, Algeria, Egyptare heading in a positive direction, they will pull some others along in their wake; of course, the reverse is also true. The leaders, their families and allies are exempt. 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. 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. 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 African Charter embodies some of the human . Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. 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. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? They are already governing much of rural Africa. Among them were those in Ethiopia, Morocco, Swaziland, and Lesotho. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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). 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. Non-official institutions and civil society may have very different ideas from the national government on this issue, leading to debates about legitimacy. 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. Aristotle was the first to define three principal types of government systems in the fourth century B.C. African political elites are more determined than ever to shape their own destiny, and they are doing so. Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. Often women are excluded from participation in decision making, especially in patrilineal social systems. 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 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. Table 1 shows the proportion of the population that operates under traditional economic systems in selected African countries. The imperative for inclusion raises many questions: should the priority be to achieve inclusion of diverse elites, of ethnic and confessional constituencies, of a sample of grass roots opinion leaders? In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. The first three parts deal with the principal objectives of the article. 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). 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. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states.

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