features of traditional african system of government

They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. Figure 1 captures this turn to authoritarianism in postindependence Africa. 79 (3), (1995) pp. In a few easy steps create an account and receive the most recent analysis from Hoover fellows tailored to your specific policy interests. 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. Although considerable differences exist among the various systems, opportunities for women to participate in decision making in most traditional systems are generally limited. Indications are, however, that the more centralized the system is, the lower the accountability and popular participation in decision making. A third pattern flows from the authoritarian reflex where big men operate arbitrary political machines, often behind a thin democratic veneer. As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. These communities select the Aba Gada, who serves a nonrenewable term of 8 years as leader. the system even after independence. A strict democracy would enforce the "popular vote" total over the entire United States. 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. The key lies in identifying the variables that will shape its context. The features associated with this new form of governmental administration deal with smaller government responsibility for providing goods and services. Note that Maine and . Fitzpatrick 'Traditionalism and Traditional Law' Journal of African Law, Vol. The jury is still out on the merits of this practice. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. With the dawn of colonialism in Africa, the traditional African government was sys-tematically weakened, and the strong and influential bond between traditional lead- . A second objective is to draw a tentative typology of the different authority systems of Africas traditional institutions. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. Poor gender relations: Traditional institutions share some common weaknesses. The term covers the expressed commands of A second argument is that traditional institutions are hindrances to the development of democratic governance (Mamdani, 1996; Ntsebeza, 2005). 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. 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". In some cases, they are also denied child custody rights. Additionally, the transaction costs for services provided by the traditional institutions are much lower than the services provided by the state. The optimistic replyand it is a powerful oneis that Africans will gradually build inclusive political and economic institutions.18 This, however, requires wise leadership. We know a good deal about what Africans want and demand from their governments from public opinion surveys by Afrobarometer. A second conflict pattern can develop along the lines of ethnic cleavages which can be readily politicized and then militarized into outright ethnic violence. Another issue that needs some clarification is the neglect by the literature of the traditional institutions of the political systems without centralized authority structures. 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. The traditional Africa system of government is open and inclusive, where strangers, foreigners and even slaves could participate in the decision-making process. This section attempts to explain these seemingly contradictory implications of traditional institutions. Societal conflicts: Institutional dichotomy often entails incompatibility between the systems. Paramount chieftaincy is a traditional system of local government and an integral element of governance in some African countries such as Sierra Leone, Ghana, Liberia and Ivory Coast. 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. Another basic question is, whom to include? The article has three principal objectives and is organized into four parts. Against this backdrop, where is African governance headed? With its eminent scholars and world-renowned library and archives, the Hoover Institution seeks to improve the human condition by advancing ideas that promote economic opportunity and prosperity, while securing and safeguarding peace for America and all mankind. 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. Seeming preference for Democracy in Africa over other governance systems in Africa before and after independence 15-17 1.5. Many other countries have non-centralized elder-based traditional institutions. Your gift helps advance ideas that promote a free society. The link was not copied. Government, Public Policy Performance, Types of Government. It is also challenging to map them out without specifying their time frame. The system of government in the traditional Yoruba society was partially centralised and highly democratic. The regime in this case captures the state, co-opts the security organs, and dissolves civil society. The relationship between traditional leadership and inherited western-style governance institutions often generates tensions. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. 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. There were several reasons for such measures. The abolishment of chieftaincy does not eradicate the systems broader underlying features, such as customary law, decision-making systems, and conflict resolution practices. According to the African Development Bank, good governance should be built on a foundation of (I) effective states, (ii) mobilized civil societies, and (iii) an efficient private sector. 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. In many cases, the invented chieftaincies were unsuccessful in displacing the consensus-based governance structures (Gartrell, 1983; Uwazie, 1994). Democratic and dictatorial regimes both vest their authority in one person or a few individuals. Strictly speaking, Ghana was the title of the King, but the Arabs, who left records . Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice). Such post-electoral pacts reflect the conclusion that stability is more important than democracy. 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). While empirical data are rather scanty, indications are that the traditional judicial system serves the overwhelming majority of rural communities (Mengisteab & Hagg, 2017). Judicial marginalization: Another challenge posed by institutional fragmentation relates to marginalization of the traditional system within the formal legal system. Still another form of legitimacy in Africa sometimes derives from traditional political systems based on some form of kingship. One layer represents the formal institutions (laws) of the state. 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. Analysis here is thus limited to traditional authority systems under the postcolonial experience. Command economies, as opposed to free-market economies, do not allow market forces like supply and demand to determine production or prices. The traditional African religions (or traditional beliefs and practices of African people) are a set of highly diverse beliefs that include various ethnic religions . The most promising pattern is adaptive resilience in which leaders facing such pressures create safety valves or outlets for managing social unrest. Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. Ndlela (2007: 34) confirms that traditional leaders continue to enjoy their role and recognition in the new dispensation, just like in other African states; and Good (2002: 3) argues that the system of traditional leadership in Botswana exists parallel to the democratic system of government and the challenge is of forging unity. 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. You cant impose middle class values on a pre-industrial society.13. The nature of governance is central because it determines whether the exercise of authority is viewed as legitimate. It then analyzes the implications of the dual allegiance of the citizenry to chiefs and the government. The Aqils (elders) of Somalia and the chiefs in Kenya are good examples. Womens inequality in the traditional system is related, at least in part, to age- and gender-based divisions of labor characterizing traditional economic systems. 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. 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. Changes in economic and political systems trigger the need for new institutional systems to manage the new economic and political systems, while endurance of economic and political systems foster durability of existing institutional systems. 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. Traditional African religions are less of faith traditions and more of lived traditions. Given its institutional disconnect with the state, the traditional sector and the communities that operate under it invariably face marginalization in influencing policy as well as in access to economic resources throughout the continent. African political elites are more determined than ever to shape their own destiny, and they are doing so. The political history of Africa begins with the emergence of hominids, archaic humans andat least 200,000 years agoanatomically modern humans (Homo sapiens), in East Africa, and continues unbroken into the present as a patchwork of diverse and politically developing nation states. The problems that face African governments are universal. 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. Based on existing evidence, the authority systems in postcolonial Africa lie in a continuum between two polar points. However, three countries, Botswana, Somaliland, and South Africa, have undertaken differing measures with varying levels of success. One of these will be the role and weight of various powerful external actors. No doubt rural communities participate in elections, although they are hardly represented in national assemblies by people from their own socioeconomic space. Ousted royals such as Haile Selassie (Ethiopia) and King Idriss (Libya) may be replaced by self-anointed secular rulers who behave as if they were kings until they, in turn, get overthrown. 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. Stated another way, if the abolition of term limits, neo-patrimonialism, and official kleptocracy become a regionally accepted norm, this will make it harder for the better governed states to resist the authoritarian trend. 20-27, at p. 21; Carey N. Vicenti 'The re-emergence of tribal society and traditional justice systems' Judicature, Vol. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. 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. Their "rediscovery" in modern times has led to an important decolonization of local and community management in order to pursue genuine self-determination. 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. They are already governing much of rural Africa. 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. The long-term, global pushback by the leading authoritarian powers against liberal governance norms has consequences in Africa and other regions as governments directly act to close the space for civil society to operate. 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. "Law" in traditional Igbo and other African societies assumes a wide dimension and should be understood, interpreted, and applied as such, even if such a definition conflicts with the Western idea. Towards a Definition of Government 1.3. The Alafin as the political head of the empire was . This principle is particularly relevant for diversity management, nation-building, and democratization in contemporary Africa. This short article does not attempt to provide answers to all these questions, which require extensive empirical study. Broadly speaking, indigenous systems of governance are those that were practiced by local populations in pre-colonial times. 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. African states are by no means homogeneous in terms of governance standards: as the Mo Ibrahim index based on 14 governance categories reported in 2015, some 70 points on a scale of 100 separated the best and worst performers.16. 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 assigned them new roles while stripping away some of their traditional roles. There is no more critical variable than governance, for it is governance that determines whether there are durable links between the state and the society it purports to govern. This study notes that in 2007 Africa saw 12 conflicts in 10 countries. In many cases European or Islamic legal traditions have replaced or significantly modified traditional African ones. 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. This theme, which is further developed below, is especially critical bearing in mind that Africa is the worlds most ethnically complex region, home to 20 of the worlds most diverse countries in terms of ethnic composition.8. The leaders, their families and allies are exempt. "Law" in traditional Africa includes enforceable traditions, customs, and laws. What policies and laws will determine relations between farmers and urban dwellers, between farmers and herders, between diverse identity groups living in close proximity or encroaching on each others farm land, and between public officials, criminal networks and ordinary citizens? 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. This enhanced his authority. 1995 focuses on social, economic, and intellectual trends up to the end of the colonial era. African Traditional Political System and Institution: University of The Gambia, Faculty of humanities and social sciences. The introduction of alien economic and political systems by the colonial state relegated Africas precolonial formal institutions to the sphere of informality, although they continued to operate in modified forms, in part due to the indirect rule system of colonialism and other forms of reliance by colonial states on African institutions of governance to govern their colonies. Pre-colonial Administration of the Yorubas. Hoover scholars form the Institutions core and create breakthrough ideas aligned with our mission and ideals. Using a second conflict lens, the number of non-state conflicts has increased dramatically in recent years, peaking in 2017 with 50 non-state conflicts, compared to 24 in 2011. 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. The post-colonial State, on the other hand . This adds to the challenge of building national identities; this identity vacuum increases the risk that political elites and social groups will capture the state for narrower, self-interested purposes that weaken, rather than strengthen, social cohesion. Its marginalization, in turn, impedes the transformation of the traditional sector, thus extending the fragmentation of institutions. The participatory and consensus-based system of conflict resolution can also govern inter-party politics and curtail the frequent post-election conflicts that erupt in many African countries. The three countries have pursued rather different strategies of reconciling their institutional systems and it remains to be seen if any of their strategies will deliver the expected results, although all three countries have already registered some progress in reducing conflicts and in advancing the democratization process relative to countries around them. 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. 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. 1. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. Traditional leadership in South Africa pre-existed both the colonial and apartheid systems of governance and was the main known system of governance amongst indigenous people. Tribe Versus Ethnic Group. In Module Seven A: African History, you explored the histories of a wide diversity of pre-colonial African societies. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. In Sierra Leone, paramount chiefs are community leaders and their tasks involve - among others - protecting community safety and resolving disputes. This approach to governance was prominent in the Oyo empire. Nonhereditary selected leaders with constitutional power: A good example of this is the Gada system of the Oromo in Ethiopia and Kenya. They dispense justice, resolve conflicts, and enforce contracts, even though such services are conducted in different ways in different authority systems. In any case, as . 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). 134-141. The debate is defined by "traditionalists" and "modernists." . 17-19 1.6. 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. 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. Others choose the traditional institutions, for example, in settling disputes because of lower transactional costs. Because these governmental institutions reject the indigenous political systems on which African society was built, they have generally failed to bring political . In this context the chapter further touches on the compatibility of the institution of chieftaincy with constitutional principles such as equality, accountability, natural justice, good governance, and respect for fundamental human rights. The purpose is to stress that such efforts and the attendant will However, they do not have custodianship of land and they generally do not dispense justice on their own. 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. There was a lot of consultation between the elders before any major decision was made. 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. Features Of Traditional Government Administration. Different property rights laws are a notable source of conflict in many African countries. 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. Customary law, for example, does not protect communities from violations of their customary land rights through land-taking by the state. A Sociology of Education for Africa . This outline leads us to examine more closely the sources of legitimacy in African governance systems. Leaders may not be the only ones who support this definition of legitimacy. A third argument claims that chieftaincy heightens primordial loyalties, as chiefs constitute the foci of ethnic identities (Simwinga quoted in van Binsberger, 1987, p. 156). They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. This layer of institutions is the subject of inquiry of this article. This is in part because the role of traditional leaders has changed over time. Subsequent to the colonial experience, traditional institutions may be considered to be informal institutions in the sense that they are often not sanctioned by the state. The Obas and Caliphs of Nigeria and the Zulu of South Africa are other examples. Introduction: The Meaning of the Concept Government 1.1. 1. Almost at a stroke, the relationships between African governments and the major powers and major sources of concessional finance were upended, while political liberalization in the former Soviet bloc helped to trigger global political shock waves. Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance.

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