ADF IV TRADITIONAL GOVERNANCE FOCUS GROUP

ISSUES PAPER

Introduction

The current opportunities for democratic participation and good governance in most African states seem unprecedented, yet there have been many failures. A significant part of this lies in the over-looked relationship between the contemporary African state and traditional authority¹. Traditional forms of chieftaincy have come back into the spotlight, especially with respect to the role of chiefs as an intermediary between the state and the citizen, a role already created during colonialism. Although the most visible representatives of the original African public institutions were abolished in some parts of the continent, in vast areas of Western, Central, Eastern and Southern Africa, they continue to exist and participate in public affairs on local, regional and state levels, either separately or as members of administrations, parliaments or governments.

Objective of the Focus Group

The purpose of the Traditional Governance Focus Group is to look at the roles traditional authorities play in societies today and the necessary changes and compromises underway to incorporate democratic principles in a quest to modernize and improve governance and make it more participatory for all citizens.

Key Issues

1) Participation and integration

Chieftaincy has re-emerged as an important vehicle for more or less authentic indigenous political expression. It is suggested, therefore, that any reform of chieftaincy must have as its objective the integration of chiefs into the institutional structures of modern government. The central issue, therefore, is how to make traditional rulers partners in development.

• Is chieftancy relevant of anachronistic? What role does traditional authority fulfill in the post-independence period, and how can they contribute to democratic decision-making in their respective countries?

• There is no denying that some gains in freedoms have been accrued to the African populations through Western-style democracy, but to what extent have these developments built on strengths of the indigenous institutions of politics in Africa?

• Are the modes of participation for ordinary citizens in traditional leadership and decision making effective? Can they be improved upon?

2) Mode of selection: accountability and transparency

In a democracy, rulers are not chosen by divine right or on the basis of a hereditary entitlement. In such a system, rulers are accountable to the people and may be denied office through elections at periodic intervals. One of the difficulties for chieftaincy is its incompatibility with the democratic ideal.

If chiefs became vote-banks, elected chiefs would in essence become ordinary politicians pre-occupied with electoral politics rather then offering leadership that embodies the traditions and social values of the community. Although chiefs are generally drawn from one or more royal lineages, no right of automatic succession exists, and chiefs also rule with the advice of carefully chosen councils of elders and other dignitaries. Further, the word of a chief is very rarely `law' but the consensus of the council. This underscores public insistence on accountability.

Some questions to consider:

• How else can modes of selection be made more transparent and accountable?

• If the mode of selection of chiefs is not participatory and the process has not always been informed by integrity, what modifications of the process might allow more people to participate in the selection process?

• What mechanisms would allow us to differentiate those traditional leaders that do have legitimacy in the eyes of the population and those that don't?

3) Decentralization and local governance

In the context of governance of the modern state, an important issue is the extent to which the chiefs and other traditional authorities may be involved in local government today. For instance, in Swaziland, chiefs are responsible for all local government functions including crime, taxes and land allocation. It is argued that the post-colonial state is challenged by traditional authority because the institution of chieftaincy is the center of local political life in many areas. Indigenous leaders therefore form a parallel power to the state; central government appointed sub-district leaders may face difficulties as they are in opposition to leadership that enjoys legitimacy in the eyes of the population.

Even though excluding chiefs from local government is consistent with theories of political development in downplaying ascriptive rights, the implication is ominous since there are still wide areas in Africa where no development is possible unless it is routed through the traditional leaders and is backed by them. It may be necessary to re-examine the position of chiefs in decentralization efforts and consider a meaningful role for chiefs in local affairs.

Some questions to consider:

• What happens when legitimacy, authority and power are divided, as they appear to be in some African states?

• How can the chiefs' roles as conduit to villagers on national policymaking be enhanced?

4) Management functions of chieftaincy

Two important functions of chieftaincy are dispute resolution and land administration. With reference to Ghana, for example, the majority of disputes are settled with finality by chiefs and only a relatively small proportion of cases are filed in the regular courts, so chiefs remain "tribunals of preference" for most citizens. In the area of communal land, chiefs execute judicial, governance and land management functions. In many African kingdoms, those who abuse their traditional authority through the illegal sale of lands or misappropriation of public revenues can be ousted or face charges if certain strict procedures are followed.

Outside these `traditional' political domains of chiefly authority, many others can be distinguished which outline a new social and economic landscape for the institution. Many chiefs seem to possess a remarkable resilience in adapting to socio-economic transformations on regional and national levels.

Some questions arise:

• In cases where misappropriation of public funds has occurred, what are perceived solutions and safeguards?

• Is the concept of alternative dispute resolution being effectively incorporated into local judicial systems? How can it be enhanced?

• How are the chiefs' other judicial roles being incorporated into local legal systems?

• How is traditional leadership contributing to judicious management of natural resources?

5) Culture and Preservation

African culture can be conceived as anachronistic, sexist or denying the rights of individuals. The positive aspects of African culture that inform the core values of African societies should be explored because it is these values and the institutions that have been set up to support them that are largely responsible for the development and survival of post-colonial Africa states. There are a number of values and practices consistent with and affirmative of democratic governance that can be found in African traditional political institutions and cultures. However, as the elderly in society as passing on, it is imperative to collect oral traditions and histories.

Some questions to consider:

• How can these practices and values be identified and built upon?

• How can the humanistic and communitarian principles, that are the foundations of African traditional values, be better understood and made relevant to democratic institution building in post-colonial Africa?

• What are suggested modes of documentation and storage of traditional knowledge?

Conclusion

These are some of the issues that the Traditional Governance Focus Group will need to consider before the ADF IV in October 2004. The group's agreement on key areas of concern, and consensus on recommended actions, is intended to guide the plenary deliberations, with other stakeholders and selected Heads of States, at the Forum itself.

1 Traditional institutions of government and administration are generally referred to as "traditional authorities" - they are based on the institution of chieftaincy.