Legal Pluralism, Customary Authority and Conflict in Masisi, (Eastern) Democratic Republic of Congo

Abstract

Current literature on legal pluralism in Sub-Saharan Africa recognizes that customary authorities can play a significant role to promote local good governance and to maintain order. Beyond the consensus on the role of legal pluralism as a characteristic of most post-colonial states, the link between multiple legal systems, the attributes of customary authority and how customary and legal authority coexist has not been sufficiently explored. This paper questions the widespread assumption that the attributes of customary authority are inalienable and out of state control. Using the example of land as one of the attributes of customary authority, this paper draws on the case study of Masisi (Eastern DRC) to show how the existing legal and institutional frameworks have not only excluded customary chiefs from land management, but have also provided legal opportunities for political elites to access and control land outside of customary authority. This paper argues that authority attributes are not fixed, and can vary among social actors who are seeking legal support beyond the local arena. The case of Masisi shows how customary authority is not an attribute that is granted, but one that can be periodically questioned, deconstructed and reconstructed.
Keywords: customary authority, legal pluralism, legal framework, political elites, Masisi (North-Kivu)