However, there are customs and various arrangements that restrain their power. What Is a Command Economy? - The Balance 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. 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. Keywords: Legal Pluralism, African Customary Law, Traditional Leadership, Chieftaincy, Formal Legal System Relationship With, Human Rights, Traditional Norms, Suggested Citation: PDF African Traditional Justice Systems Francis Kariuki* 1.1 Introduction It is also challenging to map them out without specifying their time frame. Some African nations are prosperous while others struggle. Relevance of African traditional institutions of Governance They also serve as guardians and symbols of cultural values and practices. Many African countries, Ghana and Uganda, for example, have, like all other states, formal institutions of the state and informal institutions (societal norms, customs, and practices). Government: A Multifarious Concept 1.2. 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. A strict democracy would enforce the "popular vote" total over the entire United States. The movement towards a formal state system is characterized by its emphasis on retribution and punishment. Such a consensus-building mechanism can help resolve many of the conflicts related to diversity management and nation-building. 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. Only four states in AfricaBotswana, Gambia, Mauritius, and Senegalretained multiparty systems. West Africa has a long and complex history. . 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. Perhaps one of the most serious shared weakness relates to gender relations. In this view, nations fail because of extractive economic and political institutions that do not provide incentives for growth and stability. If African political elite opinion converges with that of major external voices in favoring stabilization over liberal peacebuilding agendas, the implications for governance are fairly clear.17. 1. All the characteristic features of a traditional society are, for obvious reasons, reflected in the education system. How these differences in leadership structures impinge on the broader institutions of resources allocation patterns, judicial systems, and decision-making and conflict resolution mechanisms is still understudied. 134-141. 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. Interestingly, small and mid-size state leaders have won the award so far.) Types of government practiced in Nigeria, from monarchy to democracy 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). This proposal will be subject to a referendum on the constitutional changes required.16.2e 2.4 Traditional leadership Traditional leaders are accorded African Traditional Political System and Institution: University of The Gambia, Faculty of humanities and social sciences. They are less concerned with doctrines and much more so with rituals . These include - murder, burglary, landcase, witchcraft, profaning the deities and homicide. In this paper, I look first at the emergence of the African state system historically, including colonial legacies and the Cold Wars impact on governance dynamics. If inclusion is the central ingredient, it will be necessary to explore in greater depth the resources leaders have available to pay for including various social groups and demographic cohorts. 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. Precolonial Political Systems - African Studies - Oxford Bibliographies Differences and Similarities Between a Democracy and a Republic Among the attributes of the traditional system with such potential is the systems transparent and participatory process of resolving conflicts, which takes place in open public meetings. 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. 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. The challenge facing Africas leadersperhaps above all othersis how to govern under conditions of ethnic diversity. President Muhammadu Buhari is currently the federal head of state and government. The purpose is to stress that such efforts and the attendant will In the postcolonial era, their roles changed again. In this respect, they complement official courts that are often unable to provide court services to all their rural communities. However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. Command economies, as opposed to free-market economies, do not allow market forces like supply and demand to determine production or prices. In some cases, they are also denied child custody rights. The link between conflict and governance is a two-way street. Basing key political decisions on broad societal and inter-party consensus may help to de-escalate cutthroat competition that often leads to violent conflicts. Some live in remote areas beyond the reach of some of the institutions of the state, such as courts. Invented chiefs and state-paid elders: These were chiefs imposed by the colonial state on decentralized communities without centralized authority systems. Poor gender relations: Traditional institutions share some common weaknesses. Traditional and informal justice systems aim at restoring social cohesion within the community by promoting reconciliation between disputing parties. The system of government in the traditional Yoruba society was partially centralised and highly democratic. South Africas strategy revolves around recognition of customary law when it does not conflict with the constitution and involves traditional authorities in local governance. 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 . Ethiopias monarchy ended in 1974 while the other three remain, with only the king of Swaziland enjoying absolute power. 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. State Systems in Pre-colonial, Colonial and Post-colonial - Jstor Certain offences were regarded as serious offences. The quality and durability of such leader-defined adaptive resilience cannot be assured and can be reversed unless the associated norms become institutionalized. The council system of the Berbers in Northern Africa also falls within this category (UNECA, 2007). Government as a Structural Element of Society 2.2. Despite the adoption of constitutional term limits in many African countries during the 1990s, such restrictions have been reversed or defied in at least 15 countries since 2000, according to a recent report.6, The conflict-governance link takes various forms, and it points to the centrality of the variable of leadership. The article has three principal objectives and is organized into four parts. The political systems of most African nations are based on forms of government put in place by colonial authorities during the era of European rule. Traditional institutions have continued to metamorphose under the postcolonial state, as Africas socioeconomic systems continue to evolve. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. One common feature is recognition of customary property rights laws, especially that of land. Pre-colonial Political System In Nigeria (Yoruba Traditional System) They are well known, among others, for their advancement of an indigenous democratic process known as Gadaa. There are several types of government that are traditionally instituted around the world. 2. An election bound to be held in the year 2019 will unveil the new . 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. Another measure is recognition of customary law and traditional judicial systems by the state. History. Analysis here is thus limited to traditional authority systems under the postcolonial experience. (PDF) The role and significance of traditional leadership in the Traditional Institutions and Governance in Modern African - SSRN Oftentimes, however, they contradict each other, creating problems associated with institutional incoherence. The essay concludes with a sobering reflection on the challenge of achieving resilient governance. Many other countries have non-centralized elder-based traditional institutions. Note that Maine and . The Chinese understand the basics. Galizzi, Paolo and Abotsi, Ernest K., Traditional Institutions and Governance in Modern African Democracies (May 9, 2011). Traditional institutions already adjudicate undisclosed but large proportions of rural disputes. America's flawed democracy: the five key areas where it - The Guardian PDF Structure of Government - EOLSS Long-standing kingdoms such as those in Morocco and Swaziland are recognized national states. 3. The initial constitutions and legal systems were derived from the terminal colonial era. 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". 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. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. The third section deals with the post-colonial period and discusses some problems associated with African administration. Indigenous African Education - 2392 Words | Studymode Overturning regimes in Africas often fragile states could become easier to do, without necessarily leading to better governance. The traditional and informal justice systems, it is argued offers greater access to justice. African Politics: A Very Short Introduction | Oxford Academic not because of, the unique features of US democracy . 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. The geography of South Africa is vast scrubland in the interior, the Namib Desert in the northwest, and tropics in the southeast. However, the system of traditional government varied from place to place. A Sociology of Education for Africa . 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). The cases of Nigeria, Kenya, and South Sudan suggest that each case must be assessed on its own merits. 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). Against this backdrop, where is African governance headed? 14 L.A. Ayinla 'African Philosophy of Law: A Critique' 151, available at Some regimes seem resilient because of their apparent staying power but actually have a narrow base of (typically ethnic or regional) support. 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. Other governance systems in the post-independence era and their unique features, if any. Integration of traditional and modern governance systems in Africa. The result is transitory resilience of the regime, but shaky political stability, declining cohesion, and eventual conflict or violent change. 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.) African conflict trends point to a complex picture, made more so by the differing methodologies used by different research groups. Finally, the chapter considers the future of the institution against the background of the many issues and challenges considered. 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). 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 . The Political History of Africa: The Pre-Colonial Era - African 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. 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. A second objective is to draw a tentative typology of the different authority systems of Africas traditional institutions. Problems and Purpose. As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. They include: Monarchs (absolute or constitutional): While the colonial state reduced most African kings to chiefs, a few survived as monarchs. 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. (PDF) INDIGENOUS AFRICAN POLITICAL SYSTEMS - Academia.edu Furthermore, for generations, Africans were taught the Western notion of the tribe as . They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. Tribe Versus Ethnic Group. Traditional African Religions - The Spiritual Life 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. Within this spectrum, some eight types of leadership structures can be identified. Among them were those in Ethiopia, Morocco, Swaziland, and Lesotho. This category of chiefs serves their communities in various and sometimes complex roles, which includes spiritual service. Due to the influence of previous South African and Nigerian leaders, the African Union established the African Peer Review Mechanism (APRM) to review and report on a range of governance criteria. Among the key challenges associated with institutional fragmentation are the following: Policy incoherence: Fragmented economies and institutions represent dichotomous socioeconomic spaces, which makes it highly challenging for policy to address equitably the interests of the populations in these separate socioeconomic spaces. Government acknowledges the critical role of traditional leadership institutions in South Africa's constitutional democracy and in communities, particularly in relation to the Rural . The US system has survived four years of a norm-busting president by the skin of its teeth - which areas need most urgent attention? It should not be surprising that there is a weak social compact between state and society in many African states. for a democratic system of government. He served as assistant secretary of state for African affairs from 1981 to 1989. On the other hand, their endurance creates institutional fragmentation that has adverse impacts on Africas governance and socioeconomic transformation. Many others choose the customary laws and conflict resolution mechanisms because they correspond better to their way of life. If more leaders practice inclusive politics or find themselves chastened by the power of civil society to do so, this could point the way to better political outcomes in the region. Botswanas strategy has largely revolved around integrating parallel judicial systems. While traditional institutions remain indispensable for the communities operating under traditional economic systems, they also represent institutional fragmentation, although the underlying factor for fragmentation is the prevailing dichotomy of economic systems.



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