Traditional and formal governance institutions

Traditional justice systems may be quicker and fairer than formal justice systems

Strengthening systems for adjudicating disputes and providing access to justice is a crucial component of DRG development efforts. Researchers studied people’s beliefs about formal versus customary justice institutions in rural Mali. They asked Malians about a land dispute and randomly varied whether the dispute was being heard by a customary or formal court. The results showed that respondents believed the customary institutions would be quicker, fairer, and less likely to require payment for the resolution of the dispute. These beliefs held even among individuals who had used the formal justice system and who were most likely to be marginalized by customary justice institutions. This research suggests that legal reform advocates should consider the benefits and drawbacks of customary justice institutions when developing legal reforms.

Formal and traditional governments can be linked in the minds of citizens

In many countries, traditional authorities and formal governments coexist. Researchers studied whether citizens in the Democratic Republic of Congo viewed traditional leaders as substitutes or complements for the formal government. They found that views towards traditional leaders and the formal government were complementary – an event that improved citizen valuation of the chief also improved citizen valuation of the government. This research suggests that though  traditional and formal governments may sometimes compete, these institutions are complements in the minds of Congolese citizens.