One layer represents the formal institutions (laws) of the state. A Functional Approach to define Government 2. The laws and legal systems of Africa have developed from three distinct legal traditions: traditional or customary African law, Islamic law, and the legal systems of Western Europe. The customary structures of governance of traditional leadership were put aside or transformed. Institutions represent an enduring collection of formal laws and informal rules, customs, codes of conduct, and organized practices that shape human behavior and interaction. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Its ability to influence policy is limited in large part because of its institutional detachment from the state and because of its poverty and lack of capacity to participate in the political process. 3. 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. Features Of Traditional Government Administration. Highlight 5 features of government. This outline leads us to examine more closely the sources of legitimacy in African governance systems. Such a transformation would render traditional institutions dispensable. 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. 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. Should inclusion be an ongoing process or a single event? The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. 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 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. by the Board of Trustees of Leland Stanford Junior University. The first three parts deal with the principal objectives of the article. 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. 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. 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. Since then, many more have been formulated, but the main themes and ideas have remained. In this regard, the president is both the head of state and government, and there are three arms and tiers of rules by which the country is ruled. Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the Rural . 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. Some African nations are prosperous while others struggle. A partial explanation as to why the traditional systems endure was given in the section Why African Traditional Institutions Endure. The argument in that section was that they endure primarily because they are compatible with traditional economic systems, under which large segments of the African population still operate. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. Three layers of institutions characterize most African countries. Yet political stability cannot be based on state power alone, except in the short run. Another driver of governance trends will be the access enjoyed by youthful and rapidly urbanizing populations to the technologies that are changing the global communications space. 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). 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. 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. In some cases, community elders select future Sultanes at a young age and groom them for the position. The colonial system constitutes the second section. Before delving into the inquiry, clarification of some issues would be helpful in avoiding confusion. 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%. Command economies, as opposed to free-market economies, do not allow market forces like supply and demand to determine production or prices. These events point to extreme state fragility and a loss of sovereign control over violence in the 11 affected countries, led by Nigeria, South Sudan, and the Central African Republic (CAR). There are very few similarities between democracy and dictatorship. 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 . Judicial marginalization: Another challenge posed by institutional fragmentation relates to marginalization of the traditional system within the formal legal system. Third, Africas conflict burden reflects different forms and sources of violence that sometimes become linked to each other: political movements may gain financing and coercive support from criminal networks and traffickers, while religious militants with connections to terrorist groups are often adept at making common cause with local grievance activists. For these and other reasons, the state-society gap lies at the heart of the problems faced by many states. Your gift helps advance ideas that promote a free society. Hindrance to democratization: Perhaps among the most important challenges institutional fragmentation poses is to the process of democratization. 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. 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. The same technology vectors can also empower criminal, trafficking, and terrorist networks, all of which pose threats to state sovereignty. Introduction. For example, the electoral college forces a republic type of voting system. 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. 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 reasons why rural communities adhere to the traditional institutions are many (Logan, 2011; Mengisteab & Hagg, 2017). Problems and Purpose. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. The link between conflict and governance is a two-way street. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? As noted, there are notable differences in the authority systems of African traditional institutions. 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. Careful analysis suggests that African traditional institutions lie in a continuum between the highly decentralized to the centralized systems and they all have resource allocation practices, conflict resolution, judicial systems, and decision-making practices, which are distinct from those of the state. 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. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . The post-colonial State, on the other hand . The first type is rights-based legitimacy deriving from rule of law, periodic elections, and alternation of political power, the kind generally supported by western and some African governments such as Ghana and Senegal. With respect to their relevance, traditional institutions remain indispensable for several reasons. f Basic Features cont. Additionally, the transaction costs for services provided by the traditional institutions are much lower than the services provided by the state. The African Charter embodies some of the human . Building an inclusive political system also raises the question of what levels of the society to include and how to assure that local communities as well as groups operating at the national level can get their voices heard. 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. 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. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. Government, Public Policy Performance, Types of Government. 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. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. This is in part because the role of traditional leaders has changed over time. These consisted of monarchy, aristocracy and polity. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? The government system is a republic; the chief of state and head of government is the president. 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. Yet, the traditional judicial system in most cases operates outside of the states institutional framework. 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. 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. With the exceptions of a few works, such as Legesse (1973), the institutions of the decentralized political systems, which are often elder-based with group leadership, have received little attention, even though these systems are widespread and have the institutions of judicial systems and mechanisms of conflict resolution and allocation of resources, like the institutions of the centralized systems. On the one hand, they recognize the need for strong, responsive state institutions; weak, fragile states do not lead to good governance. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. 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. A third layer lies between the other two layers and is referred to in this article as traditional institutions. A look at the economic systems of the adherents of the two institutional systems also gives a good indication of the relations between economic and institutional systems. Political and economic inclusion is the companion requirement for effective and legitimate governance. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. . Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. This study points to a marked increase in state-based conflicts, owing in significant part to the inter-mixture of Islamic State factions into pre-existing conflicts. All life was religious . Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. Competing land rights laws, for instance, often lead to appropriations by the state of land customarily held by communities, triggering various land-related conflicts in much of Africa, especially in areas where population growth and environmental degradation have led to land scarcity. Note that Maine and . 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. 134-141. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. This process becomes difficult when citizens are divided into parallel socioeconomic spaces with different judicial systems, property rights laws, and resource allocation mechanisms, which often may conflict with each other. 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. 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 other words, the transition from traditional modes of production to a capitalist economic system has advanced more in some countries than in others. 2. The essay concludes with a sobering reflection on the challenge of achieving resilient governance. 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. It may be good to note, as a preliminary, that African political systems of the past dis played considerable variety. Keywords: Legal Pluralism, African Customary Law, Traditional Leadership, Chieftaincy, Formal Legal System Relationship With, Human Rights, Traditional Norms, Suggested Citation: 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. A second attribute is the participatory decision-making system. 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. One common feature is recognition of customary property rights laws, especially that of land. 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. 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. It also develops a theoretical framework for the . You could not be signed in, please check and try again. Seeming preference for Democracy in Africa over other governance systems in Africa before and after independence 15-17 1.5. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. Misguided policies at the national level combined with cultural constraints facing these social groups may increase exclusion and create seeds of future trouble. Poor leadership can result in acts of commission or omission that alienate or disenfranchise geographically distinct communities. There is strong demand for jobs, better economic management, reduced inequality and corruption and such outcome deliverables as health, education and infrastructure.22 Those outcomes require effective governance institutions. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. Throughout our over one-hundred-year history, our work has directly led to policies that have produced greater freedom, democracy, and opportunity in the United States and the world. 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. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. It is unlikely, however, that such harmony can be brought about by measures that aim to abolish the traditional system, as was attempted by some countries in the aftermath of decolonization. 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". The place and role of African Youth in Pre-independence African Governance Systems 19-20 1.7. The indigenous political system had some democratic features. 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. Interestingly, small and mid-size state leaders have won the award so far.) A Long Journey: The Bantu Migrations. Government as a Structural Element of Society 2.2. Many African countries, Ghana and Uganda, for example, have, like all other states, formal institutions of the state and informal institutions (societal norms, customs, and practices). Africas geopolitical environment is shaped by Africans to a considerable degree. 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. African countries are characterized by fragmentation of various aspects of their political economy, including their institutions of governance. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, 27 Pages 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, To complicate matters further, the role of traditional institutions is likely to be critical in addressing the problem of institutional fragmentation.