features of traditional african system of government features of traditional african system of government

Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. This we might call transformative resilience.21. Political and economic inclusion is the companion requirement for effective and legitimate governance. They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. Misguided policies at the national level combined with cultural constraints facing these social groups may increase exclusion and create seeds of future trouble. 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. Perhaps one of the most serious shared weakness relates to gender relations. Government and the Political System 2.1. Presently, Nigeria practices the federal system. 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. 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. 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. The government system is a republic; the chief of state and head of government is the president. the system even after independence. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. Additionally, inequalities between parallel socioeconomic spaces, especially with respect to influence on policy, hinder a democratic system, which requires equitable representation and inclusive participation. 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. Another layer represents the societal norms and customs that differ along various cultural traits. Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. In direct contrast is the second model: statist, performance-based legitimacy, measured typically in terms of economic growth and domestic stability as well as government-provided servicesthe legitimacy claimed by leaders in Uganda and Rwanda, among others. Music is a form of communication and it plays a functional role in African society . 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). 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. Ndlela (2007: 34) confirms that traditional leaders continue to enjoy their role and recognition in the new dispensation, just like in other African states; and Good (2002: 3) argues that the system of traditional leadership in Botswana exists parallel to the democratic system of government and the challenge is of forging unity. Copy this link, or click below to email it to a friend. 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. 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. This concept paper focuses on the traditional system of governance in Africa including their consensual decision-making models, as part of a broader effort to better define and advocate their role in achieving good governance. Understanding the Gadaa System. The Obas and Caliphs of Nigeria and the Zulu of South Africa are other examples. The colonial state, for example, invented chiefs where there were no centralized authority systems and imposed them on the decentralized traditional systems, as among the Ibo of Eastern Nigeria, the Tonga in Zambia, various communities in Kenya, and the communities in Somalia. The colonial state modified their precolonial roles. 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. Should inclusion be an ongoing process or a single event? The purpose is to stress that such efforts and the attendant will They also serve as guardians and symbols of cultural values and practices. Finally, the chapter considers the future of the institution against the background of the many issues and challenges considered. 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. Located on the campus of Stanford University and in Washington, DC, the Hoover Institution is the nations preeminent research center dedicated to generating policy ideas that promote economic prosperity, national security, and democratic governance. As a result, it becomes highly complex to analyze their roles and structures without specifying the time frame. (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. The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. 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. Despite the adoption of constitutional term limits in many African countries during the 1990s, such restrictions have been reversed or defied in at least 15 countries since 2000, according to a recent report.6, The conflict-governance link takes various forms, and it points to the centrality of the variable of leadership. 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? Three layers of institutions characterize most African countries. African traditional institutions continue to exist in most African countries, albeit at different levels of adherence by the populations of the continent. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. Impact of Historical Origins of African State System2. The development of inclusive institutions may involve struggles that enable political and societal actors to check the domination of entrenched rulers and to broaden rule-based participation in governance. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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. 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. There is a basic distinction between those systems with a centralized authority exercised through the machinery of government and those without any such authority in which . A second argument is that traditional institutions are hindrances to the development of democratic governance (Mamdani, 1996; Ntsebeza, 2005). African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. 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. A strict democracy would enforce the "popular vote" total over the entire United States. The usual plethora of bour- 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. not because of, the unique features of US democracy . In many cases, the invented chieftaincies were unsuccessful in displacing the consensus-based governance structures (Gartrell, 1983; Uwazie, 1994). Often women are excluded from participation in decision making, especially in patrilineal social systems. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. This can happen in several ways. The Aqils (elders) of Somalia and the chiefs in Kenya are good examples. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. 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. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. Many other countries have non-centralized elder-based traditional institutions. In addition, resolution needs to be acceptable to all parties. A more recent argument is that traditional institutions are incompatible with economic, social, and civil rights (Chirayath, Sage, & Woolcock, 2005). 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. In other cases, however, they survived as paid civil servants of the state without displacing the traditional elder-based traditional authority systems. President Muhammadu Buhari is currently the federal head of state and government. 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? The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. Any insurrection by a segment of the population has the potential to bring about not only the downfall of governments but also the collapse of the entire apparatus of the state because the popular foundation of the African state is weak. 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. The first three parts deal with the principal objectives of the article. 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. In this context the chapter further touches on the compatibility of the institution of chieftaincy with constitutional principles such as equality, accountability, natural justice, good governance, and respect for fundamental human rights. With the dawn of colonialism in Africa, the traditional African government was sys-tematically weakened, and the strong and influential bond between traditional lead- . example of a traditional African political system. 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. In addition, according to Chirayath et al. 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. Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political systems. A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. In some cases, they are also denied child custody rights. The key . Among the key challenges associated with institutional fragmentation are the following: Policy incoherence: Fragmented economies and institutions represent dichotomous socioeconomic spaces, which makes it highly challenging for policy to address equitably the interests of the populations in these separate socioeconomic spaces. 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. 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. West Africa has a long and complex history. 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. In Igbo land for example the system of government was quite unique and transcends the democracy of America and Europe. Thus, despite abolition efforts by postcolonial states and the arguments against the traditional institutions in the literature, the systems endure and remain rather indispensable for the communities in traditional economic systems. Safeguarding womens rights thus becomes hard without transforming the economic system under which they operate. It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. 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. There are several types of government that are traditionally instituted around the world. Within this spectrum, some eight types of leadership structures can be identified. Rule that is based on predation and political monopoly is unlikely to enjoy genuine popular legitimacy, but it can linger for decades unless there are effective countervailing institutions and power centers. The campaign by some (but not all) African states to pull out of the International Criminal Court is but one illustration of the trend. 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. The guiding principle behind these two attributes is that conflict is a societal problem and that resolving conflict requires societal engagement. This category of chiefs serves their communities in various and sometimes complex roles, which includes spiritual service. These dynamics often lead to increased state fragility or the re-authoritarianization of once more participatory governance systems.12 The trend is sometimes, ironically, promoted by western firms and governments more interested in commercial access and getting along with existing governments than with durable political and economic development. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. Such chiefs also have rather limited powers. The traditional African religions (or traditional beliefs and practices of African people) are a set of highly diverse beliefs that include various ethnic religions . The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. One snapshot by the influential Mo Ibrahim index of African Governance noted in 2015 that overall governance progress in Africa is stalling, and decided not to award a leadership award that year. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. The traditional justice system, thus, does not have the power to grant any rights beyond the local level. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. If African political elite opinion converges with that of major external voices in favoring stabilization over liberal peacebuilding agendas, the implications for governance are fairly clear.17. The colonial system constitutes the second section. In other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. In new countries such as most of those in Africa,7 where the rule of law is in competition with the rule of men, leaders play a strikingly critical role, for good or ill. The customary structures of governance of traditional leadership were put aside or transformed. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. 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. This brief essay began by identifying the state-society gap as the central challenge for African governance. The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. 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. Interestingly, small and mid-size state leaders have won the award so far.) 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. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. Problems and Purpose. In the postcolonial era, their roles changed again. 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. Under the circumstances, it becomes critical that traditional leaders are directly involved in local governance so that they protect the interests of their communities. A Long Journey: The Bantu Migrations. 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. Traditional institutions already adjudicate undisclosed but large proportions of rural disputes. In sum, the digitization of African politics raises real challenges for political leaders and has the potential to increase their determination to digitize their own tools of political control. 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. There are several types of government systems in African politics: in an absolute monarchy, the head of state and head of government is a monarch with unlimited legal authority,; in a constitutional monarchy, the monarch is a ceremonial figurehead who has few political competences,; in a presidential system, the president is the head of state and head of government, All the characteristic features of a traditional society are, for obvious reasons, reflected in the education system. . The problems that face African governments are universal. Africa's tumultuous political history has resulted in extreme disparities between the wealth and stability of its countries. 2. There were several reasons for such measures. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. Such a transformation would render traditional institutions dispensable. 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. African Governance: Challenges and Their Implications. For example, the electoral college forces a republic type of voting system. Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. It is also challenging to map them out without specifying their time frame. . With respect to their relevance, traditional institutions remain indispensable for several reasons. On the one side, there are the centralized systems where leaders command near absolute power. Issues of corruption and transparency are likely to become driving themes in African politics. African Politics: A Very Short Introduction explores how politics is practised on the African continent, providing an overview of the different states and their systems. Their endurance and coexistence with the institutions of the state has created an institutional dichotomy in much of Africa. 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. Botswanas strategy has largely revolved around integrating parallel judicial systems. 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). Hoover Education Success Initiative | The Papers. 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. Generally, these traditions are oral rather than scriptural, include belief in a supreme creator, belief in spirits, veneration of the dead, use of magic and traditional African . The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. Pre-colonial Administration of the Yorubas. 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. Government, Public Policy Performance, Types of Government. 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. 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). Click here to get an answer to your question Discuss any similarities between the key features of the fourth republican democracy and the traditional afri