Freedom Houses ratings see a pattern of decline since 2005 and note that 10 out of 25 countries (worldwide) with declining ratings are in Africa. No doubt rural communities participate in elections, although they are hardly represented in national assemblies by people from their own socioeconomic space. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. Chiefs administer land and people, contribute to the creation of rules that regulate the lives of those under their jurisdiction, and are called on to solve disputes among their subjects. However, the traditional judicial system has some weaknesses, especially with respect to gender equality. Ehret 2002 emphasizes the diversity and long history of precolonial social and political formations, whereas Curtin, et al. The purpose is to stress that such efforts and the attendant will You cant impose middle class values on a pre-industrial society.13. One of these is the potential influence exerted by the regions leading states, measured in terms of size, population, economic weight, and overall political clout and leadership prestige. While this seems obvious, it is less clear what vectors and drivers will have the most weight in shaping that outcome. Highlight 5 features of government. This page was processed by aws-apollo-l2 in. Wise leadership respects ethnic diversity and works toward inclusive policies. West Africa has a long and complex history. Hindrance to democratization: Perhaps among the most important challenges institutional fragmentation poses is to the process of democratization. They also serve as guardians and symbols of cultural values and practices. The colonial state modified their precolonial roles. Under conditions where nation-building is in a formative stage, the retribution-seeking judicial system and the winner-take-all multiparty election systems often lead to combustible conditions, which undermine the democratization process. Other governance systems in the post-independence era and their unique features, if any. You could not be signed in, please check and try again. This point links the reader to the other Africa chapters that have been prepared for this project. Introduction: The Meaning of the Concept Government 1.1. for a democratic system of government. 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. It considers the nature of the state in sub-Saharan Africa and why its state structures are generally weaker than elsewhere in the world. The usual plethora of bour- 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. example of a traditional African political system. On the other hand, weak or destructive governance is sometimes the source of conflicts in the first place. However, they do not have custodianship of land and they generally do not dispense justice on their own. The system of government in the traditional Yoruba society was partially centralised and highly democratic. Perhaps one of the most serious shared weakness relates to gender relations. Perhaps a more realistic transitional approach would be to reconcile the parallel institutions while simultaneously pursuing policies that transform traditional economic systems. This is done through the enforcement agencies such as the police force. Chieftaincy is further plagued with its own internal problems, including issues of relevance, succession, patriarchy, jurisdiction, corruption and intra-tribal conflict. The Alafin as the political head of the empire was . 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. Hoover scholars offer analysis of current policy challenges and provide solutions on how America can advance freedom, peace, and prosperity. Challenges confronting the institution of chieftaincy have continued from the colonial era into recent times. 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. Land privatization is, thus, unworkable in pastoral communities, as communal land ownership would be unworkable in a capitalist economy. 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 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 a basic distinction between those systems with a centralized authority exercised through the machinery of government and those without any such authority in which . 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. Presently, Nigeria practices the federal system. This outline leads us to examine more closely the sources of legitimacy in African governance systems. The guiding principle behind these two attributes is that conflict is a societal problem and that resolving conflict requires societal engagement. This study notes that in 2007 Africa saw 12 conflicts in 10 countries. 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. Poor gender relations: Traditional institutions share some common weaknesses. Maintenance of law and order: the primary and most important function of the government is to maintain law and order in a state. In traditional African communities, it was not possible to distinguish between religious and non-religious areas of life. A more recent example of adaptive resilience is being demonstrated by Ethiopias Abiy Ahmed. 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. 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 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. As a United Nations Economic Commission for Africa (UNECA) study (2007) notes, traditional leaders often operate as custodians of customary law and communal assets, especially land. Leaders may not be the only ones who support this definition of legitimacy. These consisted of monarchy, aristocracy and polity. Unfortunately, little attention by African governments has been given to this paradoxical aspect of traditional institutions. Yet, governments are expected to govern and make decisions after consulting relevant stakeholders. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. As Mamdani has argued, understanding the role of traditional leadership and customary law in contemporary African societies requires us to understand its history. Countries such as Burkina Faso, Guinea, Tanzania, Uganda, Zambia, and Zimbabwe, for example, attempted to strip chiefs of most of their authority or even abolish chieftaincy altogether. In Igbo land for example the system of government was quite unique and transcends the democracy of America and Europe. Note that Maine and . 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. 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. Such chiefs also have rather limited powers. 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. 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. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. The Constitution states that the institution, status and roles of traditional leadership, according to customary law, are recognised. All life was religious . This layer of institutions is the subject of inquiry of this article. The terms Afrocentrism, Afrocology, and Afrocentricity were coined in the 1980s by the African American scholar and activist Molefi Asante. They are already governing much of rural Africa. 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. Large segments of the rural populations, the overwhelming majority in most African countries, continue to adhere principally to traditional institutions. Ideally, African nations will benefit when civil society respects the states role (as well as the other way around); rather than one-sided advocacy, both sides should strive to create a space for debate in order to legitimize tolerance of multiple views in society. His dramatic tenure since April of 2018 appears to be shaking up the states creaky authoritarian services and creating the space for important adaptations such as ending a long-standing state of emergency, freeing political prisoners, reaching out to a wide range of foreign partners, and extending the olive branch to Eritrea with whom Ethiopia had fought a costly war.
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