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. 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. Institutional systems emanate from the broader economic and political systems, although they also affect the performance of the economic and political 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. Even old-fashioned tyrants learn that inclusion or co-option are expensive. 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. 20 A brief account of that history will help to highlight key continuities spanning the colonial, apartheid and the post-apartheid eras in relation to the place of customary law and the role of traditional leaders. However, the traditional modes of production and the institutional systems associated with them also remain entrenched among large segments of the population. 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. Another category of chiefs is those who theoretically are subject to selection by the community. During the colonial period, "tribe" was used to identify specific cultural and political groups in much the same way as "nation" is defined above. Why can't democracy with African characteristics maintain the values, culture and traditional system of handling indiscipline, injustice and information management in society to take firm roots. As a result, they are not dispensable as long as the traditional economic systems endure. . Beyond the traditional sector, traditional institutions also have important attributes that can benefit formal institutions. Constitutions of postcolonial states have further limited the power of chiefs. 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. 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. Traditional African religions are not stagnant but highly dynamic and constantly reacting to various shifting influences such as old age, modernity, and technological advances. The kings and chiefs of Angola and Asante, for example, allowed European merchants to send their representatives to their courts. The essay concludes with a sobering reflection on the challenge of achieving resilient governance. Democratic and dictatorial regimes both vest their authority in one person or a few individuals. 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. 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. 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. 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. Regardless, fragmentation of institutional systems poses a number of serious challenges to Africas governance and economic development. 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. At the same time, traditional institutions represent institutional fragmentation, which has detrimental effects on Africas governance and economic transformation. Traditional affairs. As noted, there are notable differences in the authority systems of African traditional institutions. This process becomes difficult when citizens are divided into parallel socioeconomic spaces with different judicial systems, property rights laws, and resource allocation mechanisms, which often may conflict with each other. 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. Most African countries have yet to develop carefully considered strategies of how to reconcile their fragmented institutional systems. Transforming the traditional economic system is also likely to require embracing and utilizing the traditional institutional systems as vehicles for the provision of public services. They are already governing much of rural Africa. With the exceptions of a few works, such as Legesse (1973), the institutions of the 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. At times, devolution has had major fiscal and governance consequences, including serving as a vehicle for co-option and corruption. 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. Since then, many more have been formulated, but the main themes and ideas have remained. 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 imperative for inclusion raises many questions: should the priority be to achieve inclusion of diverse elites, of ethnic and confessional constituencies, of a sample of grass roots opinion leaders? Seeming preference for Democracy in Africa over other governance systems in Africa before and after independence 15-17 1.5. for in tradi-tional African communities, politics and religion were closely associated. Executive, legislative, and judicial functions are generally attributed by most modern African constitutions to presidents and prime ministers, parliaments, and modern judiciaries. 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 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. In Botswana, for example, the consensual decision-making process in the kgotla (public meeting) regulates the power of the chiefs. Less than 20% of Africa's states achieved statehood following rebellion or armed insurgency; in the others, independence flowed from . A second argument is that traditional institutions are hindrances to the development of democratic governance (Mamdani, 1996; Ntsebeza, 2005). 79 (3), (1995) pp. Beyond such macro factors, several less obvious variables seem important to the political and economic governance future of the region. Government and the Political System 2.1. Admittedly, the problem is by no means uniquely African, but it is very commonly experienced in Africa. The roles assigned to them by the colonial state came to an end, and the new state imposed its own modifications of their roles. Three layers of institutions characterize most African countries. 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. Before then, traditional authorities essentially provided leadership for the various communities and kingdoms. In the thankfully rare cases where national governance breaks down completelySouth Sudan, Somalia, CARits absence is an invitation to every ethnic or geographic community to fend for itselfa classic security dilemma. Chiefs with limited power: Another category of chiefs is those that are hereditary, like the paramount chiefs, but have limited powers. Following decolonization, several African countries attempted to abolish aspects of the traditional institutional systems. "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. 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. A second objective is to draw a tentative typology of the different authority systems of Africas traditional institutions. The selection, however, is often from the children of a chief. The usual plethora of bour- The movement towards a formal state system is characterized by its emphasis on retribution and punishment. Additionally, the Guurti is charged with resolving conflicts in the country using traditional conflict resolution mechanisms. African traditional administrative system with bureaucratization in the emerged new states of Africa. They must know the traditional songs and must also be able to improvise songs about current events and chance incidents. The structures of leadership of African traditional institutions are diverse and they have yet to be mapped out comprehensively. However, the traditional judicial system has some weaknesses, especially with respect to gender equality.
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