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Opinions of Monday, 24 May 2010

Columnist: JusticeGhana

Ghana Is Doomed Without Traditional Rulers

…Politics And Ethnic Loyalties: A Review of the Treaty of Westphalia and the Relevance of Chieftaincy Institution in the Republic of Ghana

The Samaritan Research Group

ABSTRACT

It is said that in the history of nations, there come moments when a variety of causes conjoin and combine to set up a flow of dangerously inflammatory thoughts in men’s minds. One such moment, according to famoushistoricalevent was 1617- the centenary anniversary of Martin Luther’s Protestant Reformation; and the peoples to be affected deeply were the Germans and Bohemians, though before the situation was resolved most of the great nations of Europe were to become involved. “The Germans of the sixteenth and seventeenth centuries had, by reason of the geographical position in which nature had placed them, been penalized by the fact that they had been cut off by this position from the colonizing enterprises which had so enriched the maritime nations of this era. As if this were not enough, they were now to suffer from a social depression arising out of a war the ferocity of which is scarcely paralleled in history. It is, indeed, no exaggeration to say that the misery which the German peasants were called upon to endure is literally indescribable…. The main cause of the degradation to which the great German empire of Charlemagne and Otto and the latter’s successors was brought was religious. The counter-reformation, inspired by a lame middle-aged Basque named Inigo Lopez de Recalde, later known as Ignatius Loyola, founder of the presently powerful missionary Society of Jesus, had worked persistently and ruthlessly to destroy the new order which the Treaty of Augsburg(1555) had instituted…(2)”

INTRODUCTION

When modern political commentators talk about abolition of chieftaincy institution in Ghana which predates Gold Coast, they seem to assert the power and authority of modern states as laid down in Westphalian Treaty of 1648. They may have also been empowered by the works of philosophers Jean Bodin and Thomas Hobbes, who first elaborated the notion of sovereignty in the 16th and 17th centuries. But sovereignty, as Professor Stephen D. Krasner(3) argues, was never quite as vibrant as we think as its conventional norms, even in United States, which have had autonomy, control, and recognition for most of its existence have always been challenged. We must pause and reflect on: What will the lives of our rural families in the remotest part of Adeambra, in the Western Region, where daily preoccupations had hardly been touched by governments, be, without our traditional rulers?

The Westphalian Principles

The Westphalia Treaty ended the Thirty Years’ War against the hegemonic power of the Holy Roman Empire and delegitimized what Krasner describes as the already waning role of the Catholic Church and validated the idea of relations driven by balance-of-power rather than the ideals of Christendom. So, most contemporary pundits often cite the treaty as the political big bang that created the modern system of autonomous state such as Republic of Ghana. But Westphalia was, in the words of Krasner, first and foremost, a new constitution for Holy Roman Empire in that the pre-existing right of the principalities in the empire to make treaties was affirmed. For example, the Treaty of Münster stated that “such Alliances be not against the Emperor, and the Empire, nor against the Publick, and this Treaty, and without prejudice to the oath by which every one is bound to the Emperor and the empire.”
The argument here is that the Amantam of Ghana today were not political invention but rather; belong to its diverse traditional authorities which successful colonial Governors such as Lord Luggard, exploited to their advantage. It was on this historical fact that the first Westphalian principle states that the king is emperor in his own realm (rex est imperator in regno suo). This norm specifies that sovereigns are not subject to any higher political authority- every king is independent and equal to every other king. The second principle was that the ruler determines the religion of his realm (cujus region, ejus religio). According to Baylis & Smith(4), the norm specifies that outsiders have no right to intervene in the sovereign jurisdiction on religious grounds. The third principle was the balance of power- that yes, sought to prevent any hegemon from arising and dominating everybody else.
Judging from economic and political violence that Ghana has suffered from civilian or military dictatorship, we argue that the chieftaincy in our society is the best viable counter-force that we have today. When the middle class in Europe led the masses in agitating for abolition of monarchies, they did have in place at least reputable parliaments, public services and judicial service that could take care of the people and their properties. We may want to be the last persons to wake up one morning in shock to learn that the emerging “political foot-soldiers” in Ghanaian democratic governance, have taken over the management of our only cocoa/ sheabutter farm, fishing boats or family lands in our localities. Indeed our chiefs had not been and might, never be pious in our lifetime, vis-à-vis their traditional roles and functions, what ought to be asked by the African Personality campaigners are: who will preside over our traditional marriages and Akwambo festivals? Is the chieftaincy institution going to be abolished alongside all its associated cultures?

In the Westphalian Treaty, the domestic political structure of the principalities remained embedded in the Holy Roman Empire. The Duke of Saxony, the Margrave of Brandenburg, the Count of Palatine, and the Duke of Bavaria were affirmed as electors who (along with the archbishop of Mainz, Trier, and Cologne) chose the emperor. Yes Krasner(5) argues that they did not become or claim to be kings in their own right. Thus, Westphalia established rules for religious tolerance in Germany. “The signatories agreed that the religious rules already in effect would stay in place. Catholics and Protestants in German cities with mixed populations would share offices. Religious issues had to be settled by a majority of both Catholic and Protestants in the diet and courts of the empire,” Krasner adds. Indeed, none of the major political leaders in Europe endorsed religious toleration in principle, but they recognized that religious conflicts were so volatile that it was essential to contain rather than repress sectarian difference. So why can’t politics live side-by-side with chieftaincy?
Chieftaincy and Politics
One of the compelling indictments levelled against chieftaincy institution are that it perpetuates superstitious beliefs, under-development and traditionalism. Yes, the emphasis, according to Baafour Kese-Amankwaa(6), is now on modernism-scientific and technological developments, industrialisations, urbanisation and all that goes with Western Civilization. Thus, solution to Ghana’s multifaceted economic, political and social problems ought now to be sought in terms of science rather superstitious. Thus the mystical libations of Okyeame Akufos and the Wolomos that we used to witness during the traditional and state functions, not forgetting the arrivals and reception of foreign dignitaries into our country ought to be shred into history. So the Addae, Damba, Homowo and Hogbetsotso festivals, supposed to scare epidemics, drought, famine etc, have no place in our bubbling democratic generation?

The argument to this is that observance of traditional beliefs and culture constitute a barrier to agricultural development which our country desperately needs. Kese-Amankwaa(7) once argued that the obsolete land tenure system, thrives on chieftaincy and therefore, the traditional peasant farmers have mere limited rights over their farmlands. Thus according to customary law, land cannot be sold by the cultivators. And people outside a traditional area are regarded as strangers and they stand very little chance of getting land for cultivation. Hence many enterprising potential farmers are starved of farmland. “Another crucial defect of chieftaincy is that the institution is a source of litigation and disorder. The numerous enstoolment and destoolment disputes disrupt sound economic and social development. Such disputes divert people’s attention and scarce resources from meaningful development. Chieftaincy is also associated with land disputes which usually last for years. And most of such lands remain uncultivated until the disputes are finally settled,” says Kese-Amankwaa.

Indeed these are all valid arguments. But let us also pause a moment over the activities of some of our politicians- being it civilian or military dictatorship over the past 50 years of our existence as a Republic. The abolitionists talk of chieftaincy disputes and hereditary discrimination. We must consider, for example, the state lands, cars, the bureaucracies, regimentalisms and the laws and decrees that they make to fend themselves while in power and thereafter? We read an argument from Snr. Journalist Kwesi Pratt Jnr. on myjoyonline: “Can anybody justify the system of governance which excludes the physically disabled and albinos?” But why is it that the armed forces, the police and fire services and other security agencies are not enlisting our physically-challenged brothers and sisters into their fold? Why do they put standards on height and physical appearance- on the so-called bow-legged and flat-footed? Must our airlines for example, recruit someone with hearing or sight deficiency as pilots? We think that even in Greece today, most corporations and institutions have their own established traditions and norms. That argument is therefore simplistic and misleading.

Kwesi Pratt Jnr. is also worried about why the wives of chiefs in Africa and in our present discussions, Ghana, are called Ladies. “What culture in our society calls a chief’s wife Lady,” myjoyonline.com quoted the Snr. Journalist and the African Personality campaigner, as saying. But who is a lady? Our BBC English Dictionary(8) tells us that we can use lady as a polite way of referring to a woman. Thus, if we say a woman is a lady, we mean that she behaves in a polite, dignified, and graceful way, especially if she comes from a high social class. Indeed whereas lady is a titled often used in front of the names of some upper class women…Lady Dina, it is said that we can refer to a public toilet for women as ladies. What is instructive here is that the word lady is neither reserved for the educated, the westernized, the president’s wife nor the affluent but a woman. There can be many ways of saying this in Ghana but indigenously, we at JusticeGhana, would have preferred Ohemaa or Obaa Sima.

The fact that the Kwesi has Pratt as is his surname does not necessarily mean he is of European origin. For this reason, we think that names, titles and accolades are matters of choice and convenience. So we could also not be automatically gentlemen. On the issue of hereditary, if political parties founders- such as Dankwa-Busia Dombo-Paa Grants, Kwame Nkrumahs and J.J. Rawlings are accorded with “life patrons and godfathers” in their traditions, and their offspring and successors in title are acknowledged accordingly, why not the architects of our modern villages, towns, cities and traditional states or the Oman? Kwesi reminds us that the chieftaincy institution is championing ethnicity and tribalism at a time when all countries on the continent are striving for national unity and inter-ethnic cohesion. He debunked the notion that chiefs are the custodians of African culture, saying in countries where the institution has been abolished; the culture of the people is still upheld.

Thus, democracy demands that people should be free to choose their own leaders but chieftaincy is a hereditary institution. Not everybody can be a chief- able, dynamic and more enterprising people outside the royal family have no chance of becoming traditional rulers. Kesse-Amankwaa for example, argues that in the past the chiefs were considered as the official custodians of antiquarian articles and their offices served as sources of information for traditional history. But now the National Museums can perform this function better with their sophisticated machinery. “Modern law courts can settle complicated business and international cases that are beyond the reach of the traditional courts which are parochial in outlook. Formerly the chiefs could organise their subjects efficiently for communal labour in the villages and towns,” the former Social Studies Master at Accra Training College argued.

In effect, chieftaincy is hypocritical, outmoded and discriminatory institution that has become not only an impediment to sound economic, social and political development but also, an edifice of tribal divisions and animosities which hinder national unity an therefore, ought not to be allowed to flourish. We define discrimination in simple terms as (un)favourable treatment of a person by virtue of what we probably perceive him/her to be or ought to have been in our own intrinsic standard terms of judgement. But had Pratt and others been honest in criticizing African chiefs and the institution for championing foreign cultures such as the wearing of suites to official ceremonies and the taking of foreign titles instead of traditional ones? Indeed by virtue of universal suffrage, electoral law does not prohibit the Queen, or other members of the British Royal Family, from voting. In practice, it is considered unconstitutional for the Sovereign or the heir apparent to vote in an election. Yes, other members of the Family do not vote due to their closeness to the throne But what has actually traditionalized in politics ever since she left us alone on 01 July 1960?

Addressing Tribalism and Ethnic Loyalties

It will be simplistic to think that abolition of chieftaincy will automatically erase tribalism in Ghana. There are tons of considerations that bring human beings including even animals, together- affinity and common self-belonging. We can acquire these not only from our own ethnic enclaves and traditional chiefs but also could be derived from our professional qualifications, relationships and code of ethics. Writing on interprofessional working for health- and social care professionals, Jane Day(9) for example, argues that interprofessional working is seen by some professional as a threat to their professional identity, fearing that traditional boundaries between health professional- and social care professional will disappear. “When we feel under attack, our natural reaction is to retreat into our professional tribe within boundaries and territory with which we are familiar,” Day added.

This she says may be a natural reaction to conflict and change- resist and defend your tribe at all costs. So what is a tribe? “As people banded together to constitute primitive societies thousands of years ago, the first major form of organisation to emerge was the tribe. The tribe’s key function was to infuse a distinct sense of social identity and belonging, thereby strengthening people’s ability to bond and survive as individuals and as a collective…In different tribes, the members speak different languages, practice different rituals and may share some language and rituals with members of other tribes.” Dombeck (10) argues that within the definition of classic tribe territory is mentioned and refers to an area in which one has rights and responsibilities: “Sometimes the area is a concrete space, for example, a ward or department; sometimes it is sphere of knowledge; and sometimes elements of both.” Consider the walls that will be built in a durbar of journalists, politicians and farmers.

In that meeting, we might hear for example, I’m Gina Fordjour- Director & Publisher, JusticeGhana Group; I’m Hon. Mrs Betty—Mould Iddrisu- the Attorney-General and Minister for Justice and hopefully, Kwame Asante- a cocoa farmer at Adeambra, in the Western Region. Discrimination, self-pride and pomposity are all known traits of the human. But it is important that the Ghanaian is able to make this transition and is, thus, able to effectively collaborate within the inter-ethnic team” in our country. In his article Chieftaincy: The Bane of Cameroon Politics And What To Do About It, Joseph M. Ndifor(11) historically, narrates how miserable Chieftaincy in Cameroon, fared under dictatorial regimes when the desire for the regimes’ survival, for example, under Ahmadu Ahidjo and Paul Biya, often outweighs national interests. “For instance, a few months after Ghana gained independence, Kwame Nkrumah- having not sustained adequate chieftaincy support during the 1957 premier’s elections that catapulted him to power-courageously and decisively began to chip away powers once enjoyed by the chiefs. By the time he was overthrown in a coup in 1966…. Nkrumah had virtually, forced all but a few powerful chiefs into a humiliating submission….”

There are many today who still perceive our Nananom as the Bohemians of our republic. Isabel Fonseca(12) has a lot of literature on Bohemianism. In her book Bury Me Standing: The Gypsies and Their Journey, Bohemians and the Gypsies, in the most prevalent perceptions are described as peoples with shared characteristics: They are groups that have different priorities than the dominant cultures of their societies, and inspire both disdain and envy. Has Ghana also suffered political violence in the hands of the politician? Yes, Krasner argues that when Bodin and Hobbes wrote on sovereignty in their time, they were concerned with establishing the legitimacy of single hierarchy of domestic authority. “They realised that imbuing the sovereign with such overwhelming power invited tyranny, but they were predominantly concerned with maintaining domestic order, without they believed there will be no justice. Both were writing in a world riven by sectarian strife.” Yes, when the British Parliament- composed of emerging wealthy middle class, executed King Charles I in a civil war that sought to wrest state control from the monarchy an ultimate way was paved for Glorious Revolution in 1688 to deny a Catholic Dynasty. But is this relevant in our case?

CONCLUSION
In this paper, we have considered the (in)valuables of politics and chieftaincy in Ghana and have these observations and predictions: As we stand now, the obvious threats to the republic is not the institution of chieftaincy but rather the tricks of insatiable politicians, who might fan ethnic/ideological passions to throw youthful mob and water tanks on our streets to twist the hands of electoral commissioners. So, Nana Susubribi Krobea Asante is right: “it is illogical to recognize NGOs and civil society as key players in the development of democracy in Africa and relegate the traditional ruler to the background.” We are doomed if our resources were to be at the mercy of politics without traditional control and supervision.

Credit JusticeGhana.com/The Samaritan Research Group