features of traditional african system of government

In many tribes, the chief was the representative of the ancestors. There are very few similarities between democracy and dictatorship. Seeming preference for Democracy in Africa over other governance systems in Africa before and after independence 15-17 1.5. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. 28, (1984) pp. 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. African Governance: Challenges and Their Implications. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. 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. A second argument is that traditional institutions are hindrances to the development of democratic governance (Mamdani, 1996; Ntsebeza, 2005). As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. Chiefs such as those of the Nuer and Dinka are examples of this category. 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. In Africa, as in every region, it is the quality and characteristics of governance that shape the level of peace and stability and the prospects for economic development. One layer represents the formal institutions (laws) of the state. Since institutional fragmentation is a major obstacle to nation-building and democratization, it is imperative that African countries address it and forge institutional harmony. . Womens inequality in the traditional system is related, at least in part, to age- and gender-based divisions of labor characterizing traditional economic systems. Regional governance comes into play here, and certain precedents may get set and then ratified by regional or sub-regional organizations. Indigenous education is a process of passing the inherited knowledge, skills, cultural traditions norms and values of the tribe, among the tribal member from one generation to another Mushi (2009). Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. Each of these societies had a system of government. not because of, the unique features of US democracy . Political and economic inclusion is the companion requirement for effective and legitimate governance. 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. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. 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. 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. He served as assistant secretary of state for African affairs from 1981 to 1989. As Legesse (1973, 2000) notes, the fundamental principles that guide the consensus-based (decentralized) authority systems include curbing the concentration of power in an institution or a person and averting the emergence of a rigid hierarchy. Traditional and informal justice systems aim at restoring social cohesion within the community by promoting reconciliation between disputing parties. Safeguarding womens rights thus becomes hard without transforming the economic system under which they operate. With respect to their relevance, traditional institutions remain indispensable for several reasons. By the mid-1970s, the politics of Africa had turned authoritarian. The parallel institutional systems often complement each other in the continents contemporary governance. 2. The third section deals with the post-colonial period and discusses some problems associated with African administration. African indigenous education was. The Pre-Colonial Period: From the Ashes of Pharaohs to the Berlin Conference At the end of the prehistoric period (10 000 BC), some African nomadic bands began to the system even after independence. Wise leadership respects ethnic diversity and works toward inclusive policies. 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, Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . The purpose is to stress that such efforts and the attendant will The Alafin as the political head of the empire was . 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. 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. In any case, as . Others contend that African countries need to follow a mixed institutional system incorporating the traditional and formal systems (Sklar, 2003). (2005), customary systems operating outside of the state regime are often the dominant form of regulation and dispute resolution, covering up to 90% of the population in parts of Africa. Some African nations are prosperous while others struggle. Against this backdrop, where is African governance headed? As a result, customary law, which often is not recognized by the state or is recognized only when it does not contradict the constitution, does not protect communities from possible transgressions by the state. History. The rise of non-Western centers of power and the return of global polarization among major powers reduce the presence and weight of western influence. Some of these conflicts are, in reality, low-tech, sporadic skirmishes and armed attacks. The essay concludes with a sobering reflection on the challenge of achieving resilient governance. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. Democratic and dictatorial regimes both vest their authority in one person or a few individuals. The council system of the Berbers in Northern Africa also falls within this category (UNECA, 2007). It also develops a theoretical framework for the . Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. Of the latter, 10 achieved the top rating of free, a conclusion close to ratings by the Economist Intelligence Unit (EIU).9 A more bullish reading drawn again from multiple sources is that over 60% of people in sub-Saharan Africa live in free or partly free countries, a situation that enabled a Brookings Institution study to conclude that the region [is] moving in fits and starts towards greater democratic consolidation.10 Countries absent from the apparent democratic wave missed its beginnings in the early and mid-1990s, became caught up in protracted or recurrent civil conflicts, or degenerated as a result of electoral violence or big men patrimonialism. 79 (3), (1995) pp. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. Challenges confronting the institution of chieftaincy have continued from the colonial era into recent times. 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. One common feature is recognition of customary property rights laws, especially that of land. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. 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. Virtually every group was involved in the . It is also challenging to map them out without specifying their time frame. Typically, such leaders scheme to rig elections or to change constitutional term limitsactions seen in recent years in such countries as Rwanda and Uganda. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 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. The article has three principal objectives and is organized into four parts. That is, each society had a set of rules, laws, and traditions, sometimes called customs, that established how the people would live together peacefully as part of larger group. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. Africas rural communities, which largely operate under subsistent economic systems, overwhelmingly adhere to the traditional institutional systems while urban communities essentially follow the formal institutional systems, although there are people who negotiate the two institutional systems in their daily lives. This enhanced his authority. Invented chiefs and state-paid elders: These were chiefs imposed by the colonial state on decentralized communities without centralized authority systems. 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. There is one constitution and one set of laws and rules for ordinary people, and quite other for the ruling family and the politically connected elite. This short article does not attempt to provide answers to all these questions, which require extensive empirical study. A command economy, also known as a planned economy, is one in which the central government plans, organizes, and controls all economic activities to maximize social welfare. There were several reasons for such measures. A Functional Approach to define Government 2. 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. The role of traditional leaders in modern Africa, especially in modern African democracies, is complex and multifaceted. 2. Features Of Traditional Government Administration. Most of the regions states were defined geographically by European cartographers at the start of the colonial period. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. 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. Their endurance and coexistence with the institutions of the state has created an institutional dichotomy in much of Africa. Its lack of influence on policy also leads to its marginalization in accessing resources and public services, resulting in poverty, poor knowledge, and a poor information base, which, in turn, limits its ability to exert influence on policy. On the one hand, they recognize the need for strong, responsive state institutions; weak, fragile states do not lead to good governance. 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. Uneven access to public services, such as educational, health, and communication services, and the disproportionately high poverty rates in the traditional sector are manifestations of the sectors marginalization. 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. Similarly, the process of conflict resolution is undertaken in an open assembly and is intended to reconcile parties in conflict rather than to merely punish offenders. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. One is that the leaders of the postcolonial state saw traditional institutions and their leadership as archaic vestiges of the past that no longer had a place in Africas modern system of governance. 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. 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. Others choose the traditional institutions, for example, in settling disputes because of lower transactional costs. A Sociology of Education for Africa . The problems that face African governments are universal. The place and role of African Youth in Pre-independence African Governance Systems 19-20 1.7. Under the circumstances, it becomes critical that traditional leaders are directly involved in local governance so that they protect the interests of their communities. To illustrate, when there are 2.2 billion Africans, 50% of whom live in cities, how will those cities (and surrounding countryside) be governed? 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. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. Government and Political Systems. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. This chapter examines traditional leadership within the context of the emerging constitutional democracy in Ghana. 1.4. The Dutch dispatched an embassy to the Asantehene's . One-sided violence against unarmed civilians has also spiked up since 2011.4, These numbers require three major points of clarification. THE FUTURE OF AFRICAN CUSTOMARY LAW, Fenrich, Galizzi, Higgins, eds., Cambridge University Press, 2011, 27 Pages Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. It should not be surprising that there is a weak social compact between state and society in many African states. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. An analytical study and impact of colonialism on pre-colonial centralized and decentralized African Traditional and Political Systems. Prominent among these Sudanic states was the Soninke Kingdom of Ancient Ghana. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. 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. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. The structures of leadership of African traditional institutions are diverse and they have yet to be mapped out comprehensively. States would be more effective in reforming the traditional judicial system if they recognized them rather than neglecting them, as often is the case. Legitimacy based on successful predation and state capture was well known to the Plantagenets and Tudors as well as the Hapsburgs, Medicis, and Romanovs, to say nothing of the Mughal descendants of Genghis Khan.14 In this fifth model of imagined legitimacy, some African leaders operate essentially on patrimonial principles that Vladimir Putin can easily recognize (the Dos Santos era in Angola, the DRC under Mobutu and Kabila, the Eyadema, Bongo, Biya, and Obiang regimes in Togo, Gabon, Cameroon, and Equatorial Guinea, respectively).15 Such regimes may seek to perpetuate themselves by positioning wives or sons to inherit power. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. African governance trends were transformed by the geopolitical changes that came with the end of the Cold War. The government is undertaking a review of local government, which includes a commitment to introduce direct election of metropolitan, municipal and district chief executives (MMDCEs). 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. African Traditional Political System and Institution: University of The Gambia, Faculty of humanities and social sciences. 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. 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). 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. Customary law also manages land tenure and land allocation patterns. On the eve of the departure of the colonial power, the Nigerian power elite in collusion with the departing colonial authority, drew up an elaborate constitution for a liberal bourgeois state - complete with provisions for parties in government and those in opposition. Traditional affairs. But it also reflects the impact of Arab, Russian, Chinese, Indian, European and U.S. vectors of influence which project their differences into African societies. The features associated with this new form of governmental administration deal with smaller government responsibility for providing goods and services. The link between conflict and governance is a two-way street. 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. The population in the traditional system thus faces a vicious cycle of deprivation. A Long Journey: The Bantu Migrations. It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. The endurance of traditional institutions entails complex and paradoxical implications for contemporary Africas governance. Botswanas strategy has largely revolved around integrating parallel judicial systems. 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. For Acemoglu and Robinson, such turning points occur in specific, unique historical circumstances that arise in a societys development. 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. Council of elders: These systems essentially operate on consensual decision-making arrangements that vary from one place to another. 1. 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. Traditional institutions already adjudicate undisclosed but large proportions of rural disputes. Stagnant economy, absence of diversification in occupational patterns and allegiance to traditionall these have a bearing on the system of education prevailing in these societies. Three layers of institutions characterize most African countries. 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. 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. We know a good deal about what Africans want and demand from their governments from public opinion surveys by Afrobarometer. The leaders, their families and allies are exempt. Government as a Structural Element of Society 2.2. South Africas strategy revolves around recognition of customary law when it does not conflict with the constitution and involves traditional authorities in local governance. 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). Our data indicate that traditional leaders, chiefs and elders clearly still play an important role in the lives A third objective is to examine the relevance of traditional institutions. 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 . A more recent argument is that traditional institutions are incompatible with economic, social, and civil rights (Chirayath, Sage, & Woolcock, 2005). To complicate matters further, the role of traditional institutions is likely to be critical in addressing the problem of institutional fragmentation. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. This layer of institutions is the subject of inquiry of this article. Another layer represents the societal norms and customs that differ along various cultural traits. Different property rights laws are a notable source of conflict in many African countries. Chief among them is that they remain key players in governing and providing various types of service in the traditional sector of the economy because of their compatibility with that economic system. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. Another basic question is, whom to include? 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. A related reason for their relevance is that traditional institutions, unlike the state, provide rural communities the platform to participate directly in their own governance. Introduction.

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