Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. Enlightened leaders face a more complex version of the same challenge: how to find and mobilize the resources for broad-based inclusiveness? 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. These partners, for their part, sometimes disengaged from close political ties and often brought new governance conditions into their assistance programs. The third section looks at the critical role of political and economic inclusion in shaping peace and stability and points to some of the primary challenges leaders face in deciding how to manage inclusion: whom to include and how to pay for it. Department of Political Science, Pennsylvania State University, United Nations Economic Commission for Africa, Contentious Politics and Political Violence, Political Values, Beliefs, and Ideologies, Why African Traditional Institutions Endure, Authority Systems of Africas Traditional Institutions, Relevance and Paradox of Traditional Institutions, https://doi.org/10.1093/acrefore/9780190228637.013.1347, United Nations Office of the Special Adviser on Africa, Global Actors: Networks, Elites, and Institutions, Traditional Leaders and Development in Africa. 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 . 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. 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. Their endurance and coexistence with the institutions of the state has created an institutional dichotomy in much of Africa. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. 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 Africas rural communities, which largely operate under subsistent economic systems, overwhelmingly adhere to the traditional institutional systems while urban communities essentially follow the formal institutional systems, although there are people who negotiate the two institutional systems in their daily lives. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, 27 Pages Note: The term rural population is used as a proxy for the population operating under traditional economic systems. The article has three principal objectives and is organized into four parts. They are the key players in providing judicial service and in conflict management in much of rural Africa. Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. 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. 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 initial constitutions and legal systems were derived from the terminal colonial era. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. 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. In many tribes, the chief was the representative of the ancestors. Suggested Citation, 33 West 60th StreetNew York, NY 10023United States, Public International Law: Sources eJournal, Subscribe to this fee journal for more curated articles on this topic, Political Institutions: Parties, Interest Groups & Other Political Organizations eJournal, Political Institutions: Legislatures eJournal, We use cookies to help provide and enhance our service and tailor content. 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. Traditional leaders would also be able to use local governance as a platform for exerting some influence on national policymaking. 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. Safeguarding womens rights thus becomes hard without transforming the economic system under which they operate. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. Highlight 5 features of government. 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. Tribes had relatively little power outside their own group during the colonial period. 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). These migrations resulted in part from the formation and disintegration of a series of large states in the western Sudan (the region north of modern Ghana drained by the Niger River). 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. While empirical data are rather scanty, indications are that the traditional judicial system serves the overwhelming majority of rural communities (Mengisteab & Hagg, 2017). It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. Such a transformation would render traditional institutions dispensable. Rules of procedure were established through customs and traditions some with oral, some with written constitutions Women played active roles in the political system including holding leadership and military positions. A key factor in the size of adherents of rural institutions, however, seems to depend on the ratio of the population in the traditional economic systems to the total population. Government as a Structural Element of Society 2.2. 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. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. 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. The debate is defined by "traditionalists" and "modernists." . However, institutions are rarely static and they undergo changes induced by internal transformations of broader socioeconomic systems or by external influences or imposition, and in some cases by a combination of the two forces. Uneven access to public services, such as educational, health, and communication services, and the disproportionately high poverty rates in the traditional sector are manifestations of the sectors marginalization. Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. Such chiefs also have rather limited powers. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. Within this spectrum, some eight types of leadership structures can be identified. 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. As institutional scholars state, institutional incompatibility leads to societal conflicts by projecting different laws governing societal interactions (Eisenstadt, 1968; Helmke & Levitsky, 2004; March & Olsen, 1984; North, 1990; Olsen, 2007). The problems that face African governments are universal. 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. 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). This is done through the enforcement agencies such as the police force. The post-colonial State, on the other hand . Nonhereditary selected leaders with constitutional power: A good example of this is the Gada system of the Oromo in Ethiopia and Kenya. This kind of offences that attract capital punishment is usually . Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. One influential research group, SIPRI in Sweden, counted a total of 9 active armed conflicts in 2017 (in all of Africa) plus another 7 post-conflict and potential conflict situations.3, More revealing is the granular comparison of conflict types over time. 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. Government and Political Systems. To learn more, visit 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. FUNCTIONS OF GOVERNMENT. These different economic systems have corresponding institutional systems with divergent property rights laws and resource allocation mechanisms, disparate decision-making systems, and distinct judicial systems and conflict resolution mechanisms. All life was religious . by the Board of Trustees of Leland Stanford Junior University. A strict democracy would enforce the "popular vote" total over the entire United States. Using a second conflict lens, the number of non-state conflicts has increased dramatically in recent years, peaking in 2017 with 50 non-state conflicts, compared to 24 in 2011. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. Another basic question is, whom to include? Botswanas strategy has largely revolved around integrating parallel judicial systems. The link between conflict and governance is a two-way street. 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.
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