Some African nations are prosperous while others struggle. Another common feature is the involvement of traditional authorities in the governance process, at least at the local level. An election bound to be held in the year 2019 will unveil the new . However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. To learn more, visit Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. Another measure is recognition of customary law and traditional judicial systems by the state. The settlement of conflicts and disputes in such consensus-based systems involves narrowing of differences through negotiations rather than through adversarial procedures that produce winners and losers. Paramount chiefs: Another category of leadership structure is that of hereditary paramount chieftaincy with various traditional titles and various levels of accountability. They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. References: Blakemore and Cooksey (1980). One scholar specializing on the Horn of Africa likens the situation a political marketplace in which politics and violence are simply options along the spectrum pursued by powerful actors.5. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. Pre-colonial Administration of the Yorubas. You cant impose middle class values on a pre-industrial society.13. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. 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. They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. Your gift helps advance ideas that promote a free society. PDF Structure of Government - EOLSS For Acemoglu and Robinson, such turning points occur in specific, unique historical circumstances that arise in a societys development. In some cases, community elders select future Sultanes at a young age and groom them for the position. Three layers of institutions characterize most African countries. Traditional leaders would also be able to use local governance as a platform for exerting some influence on national policymaking. This provides wide opportunity for governments to experiment, to chart a course independent of Western preferences, but it can also encourage them to move toward authoritarian, state capitalist policies when that is the necessary or the expedient thing to do. Another basic question is, whom to include? Today, the five most common government systems include democracy, republic, monarchy, communism and . The same source concluded that 7 out of the 12 worst scores for political rights and civil liberties are African.11 As noted, the reasons vary: patrimonialism gone wrong (the big man problem), extreme state fragility and endemic conflict risks, the perverse mobilization of ethnicity by weak or threatened leaders. Ideally, African nations will benefit when civil society respects the states role (as well as the other way around); rather than one-sided advocacy, both sides should strive to create a space for debate in order to legitimize tolerance of multiple views in society. The differences are in terms of how leaders come to assume their positions, how much power they command, and how accountable they are to their communities. Traditional affairs | South African Government Africas states are the worlds newest, and it can hardly be surprising that Africans define themselves in terms of multiple identities including regional, tribal, clan-based, and religious onesin addition to being citizens of a relatively new state. In West Africa, a griot is a praise singer or poet who possesses a repository of oral tradition passed down from generation to generation. The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? 20-27, at p. 21; Carey N. Vicenti 'The re-emergence of tribal society and traditional justice systems' Judicature, Vol. First, many of the conflicts enumerated take place within a limited number of conflict-affected countries and in clearly-defined geographic zones (the Sahel and Nigeria; Central Africa; and the Horn.) Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. For example, the electoral college forces a republic type of voting system. The movement towards a formal state system is characterized by its emphasis on retribution and punishment. 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). Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. . Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. The Role of Traditional Leaders in Post Independence Countries Botswana It should not be surprising that there is a weak social compact between state and society in many African states. You could not be signed in, please check and try again. Highlight 5 features of government. 28, (1984) pp. The implementation of these systems often . 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. However, almost invariably the same functions, whether or not formally defined and characterized in the same terms or exercised in the same manner, are also performed by traditional institutions and their leaders. 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. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. However, their endurance, along with that of traditional economic systems, have fostered institutional fragmentation, which has serious adverse effects on Africas governance and economic development. The Role and Significance of Traditional Leadership in South African Even old-fashioned tyrants learn that inclusion or co-option are expensive. Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. The purpose is to stress that such efforts and the attendant will Lawmaking: government makes laws to regulate the behavior of its citizens. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. African political elites are more determined than ever to shape their own destiny, and they are doing so. Some African leaders such as Ghanas Jerry Rawlings, Zambias Kenneth Kaunda, or Mozambiques Joachim Chissano accept and respect term limits and stand down. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. 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 . Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). Types of government practiced in Nigeria, from monarchy to democracy for in tradi-tional African communities, politics and religion were closely associated. 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, Understanding the Gadaa System. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. Keywords: Legal Pluralism, African Customary Law, Traditional Leadership, Chieftaincy, Formal Legal System Relationship With, Human Rights, Traditional Norms, Suggested Citation: According to this analysis, Africas traditional institutional systems are likely to endure as long as the traditional subsistent economic systems continue to exist. Comparing Ethiopia and Kenya, for example, shows that adherents to the traditional institutional system is greater in Ethiopia than in Kenya, where the ratio of the population operating in the traditional economic system is smaller and the penetration of the capitalist economic system in rural areas is deeper. 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. Different property rights laws are a notable source of conflict in many African countries. 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.