The regime in this case captures the state, co-opts the security organs, and dissolves civil society. 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 size and intensity of adherence to the traditional economic and institutional systems, however, vary from country to country. Today, the five most common government systems include democracy, republic, monarchy, communism and . Towards a Definition of Government 1.3. Invented chiefs and state-paid elders: These were chiefs imposed by the colonial state on decentralized communities without centralized authority systems. 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. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. A Functional Approach to define Government 2. Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. Another measure is recognition of customary law and traditional judicial systems by the state. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. But African societies are exposed to especially severe pressures, and governments must operate in an environment of high social demands and limited resources and capacity with which to meet them. This fragmentation is also unlikely to go away anytime soon on its own. Institutional dichotomy also seems to be a characteristic of transitional societies, which are between modes of production. Paramount chiefs with rather weak system of accountability: The Buganda of Uganda and the Nupe in Nigeria are good examples. All life was religious . Other governance systems in the post-independence era and their unique features, if any. As noted, African countries have experienced the rise of the modern (capitalist) economic system along with its corresponding institutional systems. In most African countries, constitutionally established authorities exercise the power of government alongside traditional authorities. 1.4. A second objective is to draw a tentative typology of the different authority systems of Africas traditional institutions. Although much has been lost in the shadows and fogs of a time before people created written accounts, historians . The system of government in the traditional Yoruba society was partially centralised and highly democratic. 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. 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 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. 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. In the past decade, traditional security systems utilized in commercial or government facilities have consisted of a few basic elements: a well-trained personnel, a CCTV system, and some kind of access control system. 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. 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. 7. Despite undergoing changes, present-day African traditional institutions, namely the customary laws, the judicial systems and conflict resolution mechanisms, and the property rights and resource allocation practices, largely originate from formal institutions of governance that existed under precolonial African political systems. Large countries such as the DRC, Ethiopia, and Mozambique are likely to experience pressures against centralized, authoritarian, or one-party governance (whether accompanied by real elections or not). Nonhereditary selected leaders with constitutional power: A good example of this is the Gada system of the Oromo in Ethiopia and Kenya. The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. Poor leadership can result in acts of commission or omission that alienate or disenfranchise geographically distinct communities. On the one hand, traditional institutions are highly relevant and indispensable, although there are arguments to the contrary (see Mengisteab & Hagg [2017] for a summary of such arguments). 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. Within this spectrum, some eight types of leadership structures can be identified. The scope of the article is limited to an attempt to explain how the endurance of African traditional institutions is related to the continents economic systems and to shed light on the implications of fragmented institutional systems. For example, is it more effective to negotiate a power-sharing pact among key parties and social groups (as in Kenya) or is there possible merit in a periodic national dialogue to address issues that risk triggering conflict? 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. States would be more effective in reforming the traditional judicial system if they recognized them rather than neglecting them, as often is the case. Should inclusion be an ongoing process or a single event? Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. This study notes that in 2007 Africa saw 12 conflicts in 10 countries. 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. Government as a Structural Element of Society 2.2. 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. 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. One common feature is recognition of customary property rights laws, especially that of land. Democratic and dictatorial regimes both vest their authority in one person or a few individuals. 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. Constitutions of postcolonial states have further limited the power of chiefs. In addition, resolution needs to be acceptable to all parties. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. Traditional African religions are less of faith traditions and more of lived traditions. 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. Unfortunately, transforming the traditional sector is not an easy undertaking and cannot be achieved in a reasonably short time. The role of chieftaincy within post-colonial African countries continues to incite lively debates, as the case of Ghana exemplifies. In general, 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. This point links the reader to the other Africa chapters that have been prepared for this project. He served as assistant secretary of state for African affairs from 1981 to 1989. 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. 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). The book contains eight separate papers produced by scholars working in the field of anthropology, each of which focuses in on a different society in Sub-Saharan Africa. Legitimate authority, in turn, is based on accepted laws and norms rather than the arbitrary, unconstrained power of the rulers. 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 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. 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. The pre-colonial system in Yoruba can be described to be democratic because of the inclusion of the principle of checks and balances that had been introduced in the system of administration. Command economies, as opposed to free-market economies, do not allow market forces like supply and demand to determine production or prices. It should not be surprising that there is a weak social compact between state and society in many African states. In African-style democracy the rule of law is only applicable to ordinary people unconnected to the governing party leadership or leader. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. The colonial state, for example, invented chiefs where there were no centralized authority systems and imposed them on the decentralized traditional systems, as among the Ibo of Eastern Nigeria, the Tonga in Zambia, various communities in Kenya, and the communities in Somalia. not because of, the unique features of US democracy . Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. President Muhammadu Buhari is currently the federal head of state and government. 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. A second attribute is the participatory decision-making system. Relatively unfettered access to the internet via smart phones and laptops brings informationand hence potential powerto individuals and groups about all kinds of things: e.g., market prices, the views of relatives in the diaspora, conditions in the country next door, and the self-enrichment of corrupt officials. History. 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. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. One can identify five bases of regime legitimacy in the African context today. Violating customary property rights, especially land takings, without adequate compensation impedes institutional reconciliation by impoverishing rather than transforming communities operating in the traditional economic system. Some African nations are prosperous while others struggle. FUNCTIONS OF GOVERNMENT. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. West Africa has a long and complex history. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. 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. 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. There is also the question of inclusion of specific demographic cohorts: women, youth, and migrants from rural to urban areas (including migrant women) all face issues of exclusion that can have an impact on conflict and governance. The formal institutions of checks and balances and accountability of leaders to the population are rather weak in this system. The opinions expressed on this website are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University. Another basic question is, whom to include? General Overviews. Three layers of institutions characterize most African countries. Note: The term rural population is used as a proxy for the population operating under traditional economic systems. Because these governmental institutions reject the indigenous political systems on which African society was built, they have generally failed to bring political . The institution of traditional leadership in Africa pre-existed both the colonial and apartheid systems and was the only known system of governance among indigenous people. Yet, the traditional judicial system in most cases operates outside of the states institutional framework. The problems that face African governments are universal. Poor gender relations: Traditional institutions share some common weaknesses. 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. They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. Political leaders everywhere face competing demands in this regard. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. According to this analysis, Africas traditional institutional systems are likely to endure as long as the traditional subsistent economic systems continue to exist. The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. 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. Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. Your current browser may not support copying via this button. It may be good to note, as a preliminary, that African political systems of the past dis played considerable variety. The jury is still out on the merits of this practice. Others choose the traditional institutions, for example, in settling disputes because of lower transactional costs. 2. We know a good deal about what Africans want and demand from their governments from public opinion surveys by Afrobarometer. A more recent example of adaptive resilience is being demonstrated by Ethiopias Abiy Ahmed. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. 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. 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. 28, (1984) pp. 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. This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. African political elites are more determined than ever to shape their own destiny, and they are doing so. In new countries such as most of those in Africa,7 where the rule of law is in competition with the rule of men, leaders play a strikingly critical role, for good or ill. In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. 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. 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. Tribes had relatively little power outside their own group during the colonial period. On the opposite side are the decentralized systems, led by a council of elders, that command little formal power. This approach to governance was prominent in the Oyo empire. Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. 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.