While this attribute of the traditional system may not be practical at the national level, it can be viable at local levels and help promote democratic values. FUNCTIONS OF GOVERNMENT. State Systems in Pre-colonial, Colonial and Post-colonial - Jstor Most African countries are characterized by parallel institutions, one representing the formal laws of the state and the other representing the traditional institutions that are adhered to more commonly in rural areas. 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. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. Another basic question is, whom to include? Ancient West Africa: Bantu Migrations & the Stateless Society 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. Differences and Similarities Between a Democracy and a Republic African political systems are described in a number of textbooks and general books on African history. Similarities between Democratic and Authoritarian Government. The debate is defined by "traditionalists" and "modernists." . Finally, the chapter considers the future of the institution against the background of the many issues and challenges considered. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. The colonial state modified their precolonial roles. 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). 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. South Africa: Introduction >> globalEDGE: Your source for Global By the mid-1970s, the politics of Africa had turned authoritarian. Nonhereditary selected leaders with constitutional power: A good example of this is the Gada system of the Oromo in Ethiopia and Kenya. 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. 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. Yet political stability cannot be based on state power alone, except in the short run. To sum up, traditional institutions provide vital governance services to communities that operate under traditional socioeconomic spaces. The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. As noted, there are notable differences in the authority systems of African traditional institutions. Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. Before then, traditional authorities essentially provided leadership for the various communities and kingdoms. The population in the traditional system thus faces a vicious cycle of deprivation. The essay concludes with a sobering reflection on the challenge of achieving resilient governance. . 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. Against this broad picture, what is striking is the more recent downward trend in democratic governance in Africa and the relative position of African governance when viewed on a global basis. 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. The first objective of the article is to shed light on the socioeconomic foundations for the resilience of Africas traditional institutions. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. The first three parts deal with the principal objectives of the article. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. 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. The quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. (PDF) INDIGENOUS AFRICAN POLITICAL SYSTEMS - Academia.edu Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. In some countries, such as Botswana, customary courts are estimated to handle approximately 80% of criminal cases and 90% of civil cases (Sharma, 2004). Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. But the context in which their choices are made is directly influenced by global political trends and the room for maneuver that these give to individual governments and their leaders. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. 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). Lawmaking: government makes laws to regulate the behavior of its citizens. Governments that rely on foreign counterparts and foreign investment in natural resources for a major portion of their budgetsrather than on domestic taxationare likely to have weaker connections to citizens and domestic social groups. What Is a Command Economy? - The Balance The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. They include: Monarchs (absolute or constitutional): While the colonial state reduced most African kings to chiefs, a few survived as monarchs. Political and economic inclusion is the companion requirement for effective and legitimate governance. 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. 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. However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. Sometimes, another precedent flows from thesenamely, pressure from outside the country but with some support internally as well for creating a transitional government of national unity. Features of Yoruba Pre colonial Administration - Bscholarly These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. To learn more, visit These circumstances can generate an authoritarian reflex and the temptation to circle the wagons against all sources of potential opposition. African Governance: Challenges and Their Implications. 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). It also develops a theoretical framework for the . Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. Why traditional institutional systems endure, how large the adherents to them is, and why populations, especially in rural areas, continue to rely on traditional institutions, even when an alternative system is provided by the state, and what the implications of institutional dichotomy is are questions that have not yet received adequate attention in the literature. Gadaa as an Alternative Understanding of Democracy in Africa Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political systems. The link between conflict and governance is a two-way street. 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 some societies, traditional, tribal authorities may offer informed and genuinely accepted governance, provided that they are not merely government appointees pursuing decentralized self-enrichment. Public Administration and Traditional Administrative System in Africa Under conditions where nation-building is in a formative stage, the retribution-seeking judicial system and the winner-take-all multiparty election systems often lead to combustible conditions, which undermine the democratization process. 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. 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. As a result, they are not dispensable as long as the traditional economic systems endure. The roles that traditional authorities can play in the process of good governance can broadly be separated into three categories: first, their advisory role to government, as well as their participatory role in the administration of regions and districts; second, their developmental role, complementing government?s efforts in mobilizing the . Afrocentrism | Definition, Examples, History, Beliefs, & Facts 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. This outline leads us to examine more closely the sources of legitimacy in African governance systems. The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. The Political History of Africa: The Pre-Colonial Era - African Africa: Government and Political Systems - Geography Democratic and dictatorial regimes both vest their authority in one person or a few individuals. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. However, the traditional judicial system has some weaknesses, especially with respect to gender equality.
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