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State Recognition of Traditional Authority ___________________________________________ State Recognition of Traditional Authority Authority, Citizenship and State Formation in Rural Post-War Mozambique ___________________________________________ Helene Maria Kyed Ph.D Dissertation, 2007. Roskilde University Centre Cover desing: Malene Kyed Cover photograph: Chief Zomba, Chief Chibue, Chief Dombe, and Secretário of Mabaia, in Dombe Administrative post, dressed in the complete uniform granted to community authorities by the Mozambican state authorities in September 2004 (photo taken by Helene Maria Kyed, August 2005) Table of Contents ACKNOWLEDGEMENTS .................................................................................................................................. III MAPS .............................................................................................................................................................IV CHAPTER 1 - INTRODUCTION ...................................................................................... 1 1. SITUATING THE STUDY: THE RESURGENCE OF TRADITIONAL AUTHORITY.................................................. 7 2. THEORETICAL AND CONCEPTUAL ISSUES.................................................................................................. 19 3. METHODS AND FIELDWORK SITES ............................................................................................................ 36 4. OUTLINE OF THE DISSERTATION ............................................................................................................... 43 PART I: THE CHANGING FATE OF TRADITIONAL AUTHORITY CHAPTER 2 - FROM PARTIAL INVENTION TO FEEBLE BANNING ................. 51 1. THE PRE-COLONIAL REFORMATION OF MAMBOS...................................................................................... 52 2. THE COLONIAL INVENTION OF THE RÉGULO............................................................................................. 57 3. THE POST-COLONIAL EXCLUSION OF MAMBOS AND TRADITION ............................................................. 65 4. RENAMO’S RE-INSERTION OF THE MAMBOS ............................................................................................. 76 CONCLUSION ................................................................................................................................................ 82 CHAPTER 3 - TRADITIONAL AUTHORITY IN THE NEW DEMOCRACY ........ 85 1. THE POLICY-MAKING PROCESS: AN OVERVIEW....................................................................................... 87 2. ACTOR POSITIONS AND STRUGGLES OVER DEFINITION............................................................................. 94 3. WIDER AGENDAS AND CONDITIONS........................................................................................................ 108 CONCLUSION .............................................................................................................................................. 117 CHAPTER 4 - CLASSIFICATORY CLOSURE AND DECREE 15/2000................. 119 1. THE CLASSIFICATORY CLOSURE ............................................................................................................. 119 2. DECREE 15/2000: A COMPROMISE.......................................................................................................... 127 CONCLUSION .............................................................................................................................................. 135 PART II: RECOGNITION OF CHIEFS AND STATE FORMATION CHAPTER 5 - MUTUAL CONSTITUTIONS.............................................................. 139 1. IDENTIFICATION: RECTIFYING THE STATE AND THE ‘REAL’ LINEAGES................................................... 140 2. LEGITIMISATION: THE CONSTITUTION OF COMMUNITY .......................................................................... 147 3. PROVING THE ‘REAL’ TRADITIONAL AUTHORITY ................................................................................... 157 CONCLUSION .............................................................................................................................................. 175 CHAPTER 6 - STATE RECOGNITION - STAGING THE IDEAL ORDER .......... 177 1. RECOGNITION CEREMONIES: A NATIONAL CELEBRATION ...................................................................... 178 2. THE MEANINGS OF RECOGNITION........................................................................................................... 197 CONCLUSION .............................................................................................................................................. 207 PART III: POLICING AND JUSTICE ENFORCEMENT CHAPTER 7 - LAW, INSTITUTIONS AND MODELS FOR PRACTICE .............. 217 1. CODIFIED LAW: JUSTICE AND POLICING REFORMS ................................................................................. 219 2. THE PLURAL INSTITUTIONAL LANDSCAPE .............................................................................................. 225 3. MODELS FOR PRACTICE: STATE INCORPORATION AND SEPARATION ...................................................... 240 CONCLUSION .............................................................................................................................................. 253 i CHAPTER 8 - THE INTRICACY OF BOUNDARY-MARKING ............................. 259 1. PATTERNS OF ACTION AND INTERACTION: AN OVERVIEW ..................................................................... 261 2. PATTERN ONE: MULTIPLE TRANSGRESSIONS AND AUTHORITIES............................................................ 268 3. PATTERN TWO: DOUBLE-CLASSIFICATIONS, CONFLICTING JUSTICE FORMS ........................................... 279 CONCLUSION .............................................................................................................................................. 287 CHAPTER 9 - BEYOND MANDATES - MERGERS AND DISTINCTIONS.......... 291 1. THE CHIEFS: RECONFIGURED CONTINUITY, PRECARIOUS LEGITIMACY.................................................. 292 2. THE STATE POLICE: LOCALLY ADJUSTED, UNCERTAIN AUTHORITY ...................................................... 300 CONCLUSION .............................................................................................................................................. 311 CHAPTER 10 - EMERGING FORMS OF AUTHORITY AND CITIZENSHIP..... 315 1. NEGOTIATED, HYBRID AUTHORITY AND SITUATIONAL CITIZENSHIP...................................................... 317 2. EXCEPTIONAL SITUATIONS: SOVEREIGNTY AND THE POLITICAL SCRIPT ................................................ 334 CONCLUSION .............................................................................................................................................. 350 CHAPTER 11 - CONCLUSION..................................................................................... 357 1. THE DEMOCRATIC TRANSITION AND TRADITIONAL AUTHORITY ............................................................ 361 2. MUTUAL TRANSFORMATIONS, PERVASIVE CONTINUITIES ...................................................................... 367 REFERENCES ............................................................................................................................................. 373 APPENDIX I: DATA-COLLECTION ....................................................................................................... 395 ii Acknowledgements This study would have been impossible without the help of a number of individuals and institutions across various locations. To begin with I express my gratitude to the Danish Council for Development Research for the funding of this project, and to the Danish Institute for International Studies (DIIS) in Copenhagen and the Graduate School for International Development Studies at Roskilde University (RUC) for providing the much required academic homes. This thesis could not have been written without the openness and hospitality with which people received me during fieldwork in Matica and Dombe. I am immensely grateful for their enthusiasm in sharing their stories with me and for letting me into their daily lives. Especially I wish to acknowledge the chiefs Chibue, Kóa, Boupua, Ganda, Gudza, Mushambonha, Shambanhe, and Zixixe, as well as Jorge, Helena, Basketi, Dona Onesia, Inês, Irma Olivia, Lucas and the local representatives of Renamo and Frelimo. I also express my sincere gratitude to the Mozambican authorities at all levels. Not least I wish to thank the district administrator and the chief commander of police in Sussundenga district, who opened the first gates to the field, and all those police officers and state officials who were helpful and patient with my questions and comings and goings. In Maputo I especially wish to thank Rufino Alfane in the Ministry of State Administration, and General Macamo in the Ministry of Internal Affairs for discussing my work, and sharing valuable documents. The fieldwork in Mozambique was also made possible by the assistance of the Centre for African Studies (CEA), University of Eduardo Mondlane, and ARPAC, my two host institutions in Maputo. Especially I wish to thank João Paulo Coelho (CEA) and Fernando Dava (ARPAC). I have also benefited greatly from collaboration with the researcher at the Centro de Formação Jurídica e Judiciara (CFJJJ), in Matola. In Mozambique two last persons need special acknowledgement: Dambinho Noé, who not only helped make sense of the local
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