State, constitutionalism, and the management of ethnicity in Africa

In: African and Asian studies: AAS, Volume 4, Issue 1-2, p. 83-106

Abstract

The capacity of African states to manage ethnic conflicts has been seriously constrained by the weakness of regulatory institutions and processes, and lack of relative autonomy, which makes them susceptible to ethnic capture and manipulations. They accordingly face serious dilemmas over ethnicity of which they invariably a part. The attempt in this paper is to examine the extent to which constitutionalism can be used to overcome the weaknesses and deficits and make it better able to deal with ethnic conflicts. This is done against the backdrop of the poor records of constitutionalism in Africa and the age-long question of whether constitutions do have the curative powers and efficacy often claimed for them. It is argued that the new wave of democracy in Africa provides an opportunity for giving the constitutional recipe another try. The paper however makes a case for constitutional reform that is accompanied by remedies to the flaws of peripheral capitalism and a de-rooted (and illegitimate) state where elite opportunism, instrumentalization of state power, and informalization hold sway as a venture that is more likely to succeed. (AAS/DÜI)