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Gathering Comparative Data on the de jure and de facto role of Traditional Governance – Challenges, Opportunities and Preliminary Results

Constitutions
Governance
Human Rights
Institutions
Quantitative
Comparative Perspective
Survey Research
Katharina Holzinger
Universität Konstanz
Axel Bayer
Universität Konstanz
Daniela Behr
Universität Konstanz
Katharina Holzinger
Universität Konstanz
Clara Neupert-Wentz
Universität Konstanz
Roos Van der Haer
Universität Konstanz

Abstract

In many states traditional forms of governance among ethnic groups co-exist with the political institutions active at the state-level. However, we have no systematic knowledge, so far, on the political systems of traditional institutions, their relevance for group members, and national politics. Nor do we know to what extent and how these traditional institutions are legally integrated in the country’s constitutions – if at all. We have addressed this scientific gap by collecting two sets of data. First, with the help of a web survey held among more than 6,000 experts on ethnic groups worldwide, we capture the de facto existence and role of traditional institutions. Second, by coding the constitutions of all UN member states, we record the constitutional enshrinement of traditional governance. In this paper, we attempt to shed light on the question whether the integration of traditional institutions in the legal framework matches their political relevance on the ground (or not). We examine this potential match with a descriptive comparative analysis.