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The Obas and Caliphs of Nigeria and the Zulu of South Africa are other examples. 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. Paramount chieftaincy as a system of local government by the Board of Trustees of Leland Stanford Junior University. The Role of Traditional Leaders in Post Independence Countries Botswana 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. One can identify five bases of regime legitimacy in the African context today. Understanding the Gadaa System. A third layer lies between the other two layers and is referred to in this article as traditional institutions. President Muhammadu Buhari is currently the federal head of state and government. It seems clear that Africas conflict burden declined steadily after the mid-1990s through the mid-2000s owing to successful peace processes outstripping the outbreak of new conflicts; but the burden has been spiking up again since then. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. 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. Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. 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). Indigenous African Education - 2392 Words | Studymode Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. The evidence suggests that traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. 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. 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. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. 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. African Politics: A Very Short Introduction | Oxford Academic Virtually every group was involved in the . Against this backdrop, where is African governance headed? Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. Your gift helps advance ideas that promote a free society. Womens access to property rights is also limited, as they are often denied the right of access to inheritance as well as equal division of property in cases of divorce. 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). 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. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. The means by which the traditional government reached out to her subjects varied from sounds, signs to symbol, and the central disseminator was the "town crier". 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. 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. Paramount chieftaincy is a traditional system of local government and an integral element of governance in some African countries such as Sierra Leone, Ghana, Liberia and Ivory Coast. Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. Public Administration and Traditional Administrative System in Africa Transforming the traditional economic system is also likely to require embracing and utilizing the traditional institutional systems as vehicles for the provision of public services. 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. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. While comprehensive empirical studies on the magnitude of adherence to traditional institutions are lacking, some studies point out that most people in rural areas prefer the judicial service provided by traditional institutions to those of the state, for a variety of reasons (Logan, 2011; Mengisteab & Hagg, 2017). Features Of Traditional Government Administration | Bartleby The Political History of Africa: The Pre-Colonial Era - African A more recent argument is that traditional institutions are incompatible with economic, social, and civil rights (Chirayath, Sage, & Woolcock, 2005). There are very few similarities between democracy and dictatorship. By the mid-1970s, the politics of Africa had turned authoritarian. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. In some countries, such as Botswana, customary courts are estimated to handle approximately 80% of criminal cases and 90% of civil cases (Sharma, 2004). Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. The three countries have pursued rather different strategies of reconciling their institutional systems and it remains to be seen if any of their strategies will deliver the expected results, although all three countries have already registered some progress in reducing conflicts and in advancing the democratization process relative to countries around them. the system even after independence. States would be more effective in reforming the traditional judicial system if they recognized them rather than neglecting them, as often is the case. During the colonial period, "tribe" was used to identify specific cultural and political groups in much the same way as "nation" is defined above. 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. Ancient West Africa: Bantu Migrations & the Stateless Society 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. This fragmentation is also unlikely to go away anytime soon on its own. Key Takeaways. 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. As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. 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 third section deals with the post-colonial period and discusses some problems associated with African administration. 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. Chiefs such as those of the Nuer and Dinka are examples of this category. African traditional institutions continue to exist in most African countries, albeit at different levels of adherence by the populations of the continent. 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. Tribes had relatively little power outside their own group during the colonial period. This discussion leads to an analysis of African conflict trends to help identify the most conflict-burdened sub-regions and to highlight the intimate link between governance and conflict patterns. 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? 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. 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. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. Maintenance of law and order: the primary and most important function of the government is to maintain law and order in a state. It may be useful to recall that historical kingships or dynasties were the common form of rule in Europe, India, China until modern times, and still is the predominant form of rule on the Arabian Peninsula. Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. Even so, customary law still exerts a strong . "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. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. Traditional Governance Systems - Participedia 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. Consequently, national and regional governance factors interact continuously. It also develops a theoretical framework for the . 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. 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. African political systems are described in a number of textbooks and general books on African history. The guiding principle behind these two attributes is that conflict is a societal problem and that resolving conflict requires societal engagement. 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. In addition, they have traditional institutions of governance of various national entities, including those surrounding the Asantehene of the Ashanti in Ghana and the Kabaka of the Buganda in Uganda. Similarities between Democratic and Authoritarian Government. As a result, it becomes highly complex to analyze their roles and structures without specifying the time frame. For Acemoglu and Robinson, such turning points occur in specific, unique historical circumstances that arise in a societys development. African Style Democracy? - Public Seminar Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. 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. Safeguarding womens rights thus becomes hard without transforming the economic system under which they operate. . 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. The usual plethora of bour- 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. 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, Traditional leadership in South Africa pre-existed both the colonial and apartheid systems of governance and was the main known system of governance amongst indigenous people. In addition, according to Chirayath et al. 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. Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. Cookie Settings. In Sierra Leone, for example, approximately 85% of the population falls under the jurisdiction of customary law, defined under the constitution as the rules of law which, by custom, are applicable to particular communities in Sierra Leone. This short article does not attempt to provide answers to all these questions, which require extensive empirical study. America's flawed democracy: the five key areas where it - The Guardian The essay concludes with a sobering reflection on the challenge of achieving resilient governance. In many tribes, the chief was the representative of the ancestors. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? In some cases, they are also denied child custody rights. One-sided violence against unarmed civilians has also spiked up since 2011.4, These numbers require three major points of clarification. 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).