ArticlePDF Available

"Hybrid Governance," Legitimacy, and (Il)legality in the Informal Cross-Border Trade in Panyimur, Northwest Uganda

Authors:

Abstract

By looking at a number of different commodities and how they are traded, this article shows how informal cross-border trade in West Nile and Panyimur, Uganda, is governed by a locally negotiated system of hybrid governance, in which neither state nor nonstate actors have a regulatory monopoly. Notions such as legality and illegality are secondary to the functioning of these hybrid institutions, which instead are the outcome of perceptions of the legitimacy of regulatory actions and trading practices and the power configurations of the actors involved. There are different “registers” at play about what constitutes legitimate economic action among different moral communities, but the actual impact of this system depends on the power of the strategic groups involved. En regardant un certain nombre de produits différents et la faç;on dont ils sont négociés, cet article montre comment le commerce informel transfrontalier dans la région du Nil occidental et le Panyimur est régi par un système négocié localement de gouvernance hybride, dans lequel les acteurs qui ont un monopole réglementaire ne proviennent ni de l’intérieur ni de l’extérieur du pouvoir d’Etat. Des notions telles que la légalité et l’illégalité sont secondaires pour le fonctionnement de ces institutions hybrides, qui sont plutôt le résultat de la perception de légitimité des mesures de réglementation, des pratiques commerciales et des configurations de puissance des acteurs impliqués. Il existe différents “registres” en jeu parmi les différentes communautés morales sur ce qui constitue la légitimité d’une action économique, mais l’impact réel de ce système dépend de la puissance des groupes stratégiques impliqués.
A preview of the PDF is not available
... The notion of illegality is, thus, related to the concept of informality. Since Hart coined the concept of the informal economy in 1973 to refer to economic activities that take place outside the framework of official institutions, there has been a rise in studies that throw doubt on the existence of a clear boundary between the formal and the informal economy (Titeca and de Herdt, 2010;Titeca and Flynn, 2014). This literature argues, instead, that the two economies relate to one another. ...
Article
Full-text available
The encroachment of certain influential individuals who employ cronyism, patronage, and networking into the recruitment and hiring processes of employees in the Democratic Republic of the Congo is a widely discussed issue in media and public discourse. However, it remains an underexplored subject within scholarly research. This paper seeks to address this gap by providing a comprehensive overview of this phenomenon over time. Drawing upon Jamie Peck's concepts of labour incorporation and labour allocation, while also examining the prevalence of illegality and informality, this study argues that these 'influential individuals' or 'well-connected actors' have assumed the roles and responsibilities traditionally held by labour market actors and institutions. Consequently, this has exacerbated long-standing malpractices within the Congolese labour market. The interference of these 'influential individuals' disrupts the normal functioning of the Congolese labour market, even as proponents of these practices offer justifications for their actions. Employing qualitative interviews and documentary research, this study traces the historical origins of such interference, dating back to the colonial era.
... The role of non-state armed groups in this economy, conversely, also allows for a more nuanced and comprehensive understanding of authority and regulation in informal cross-border trade. This trade itself can be viewed as a function of hybrid governance resulting from the interactions of state and non-state actors (Titeca and Flynn 2014), including armed groups, and economic informality viewed, not as a lack of state regulation, but rather as alternative forms of regulation, operating below and beyond the framework of the state (Meagher 2011). Furthermore, this kind of informal regulation may at least in part be based on socially accepted understanding (Raeymaekers 2010). ...
Chapter
Full-text available
... A starting point is to use local terms in the questionnaire, making use of the fact that "legitimacy" is not objective and fixed (Titeca & Flynn 2014, Van den Boogaard et al. 2018. In Siu (n.d.), the questionnaire asked which border crossing s/he crossed by naming the border crossings, instead of imposing labels such as "informal" and "official" routes. ...
... In the case of asymmetry in favour of the latter, the country is developing an informal sector of the economy and shadow activities. Therefore, the shadow economy is becoming a hybrid model of governance between non-governmental institutions in border regulation, creating informal cross-border trade (Titeca & Flynn, 2014). ...
Article
Full-text available
Ukraine’s economy quickly integrated into the system of shadow financial flows and used standard tools to manipulate export and import prices and financial instruments. In terms of cumulative outflows of shadow capital, Ukraine is among the top twenty countries. The research relevance is predefined by the main directions of legalization of economic processes, including in the segment of shadow imports, which involve the formation of optimal institutional strategies for the behaviour of social agents (government and business). The research aims to select the Government’s strategy for legalizing unorganized imports, which will allow the establishment of effective interaction between social agents on mutually beneficial terms. Research methods include mathematical analysis and game theory, used to build mathematical models, which reveal the intrinsic rationality of individual interactions, aggregating a set of social situations into several options and reducing the uncertainty of a set of behavioural options to a clear and stable pattern of regular interaction. The results showed that the level of employees’ salaries is not crucial for overcoming shadow imports, but the level of integrity of customs officers is a more important indicator. The article shows that the mechanism of legalization of shadow operations (in particular, unorganized imports) should be based not only on economic but also on social parameters: the level of moral and professional principles of customs officers. The practical value of the research results is to improve the mechanisms of legalization of unorganized imports in Ukraine.
... In the Uganda-Congo borderlands, for example, contraband smugglers have provided some healthcare, roads, and churches to the communities where they are engaged, but businesspeople from the timber sector who are active in the same places have not. Perhaps unsurprisingly, then, citizens tend to view the contraband trade as a more legitimate livelihood that does not warrant reporting to the police (Titeca and Flynn 2014). ...
Article
Full-text available
Some African state responses to transnational organized crime (TOC) are criticized for being overly focused on the use of force by military and law enforcement. Policy approaches that promote using criminal law to deter TOC have helped to shift focus away from the kinetic solutions that may otherwise prevail by default. However, empirical studies show that TOC is enabled by a range of development and governance issues that go beyond the criminal justice domain. Synthesizing recent insights from empirical research on African TOC from academia, think tanks, and policy-oriented international organizations, this article makes the case for a more holistic, people-centered justice and rule of law approach to addressing TOC. Such an approach conceives of rule of law not merely as the process or result of enforcing the law, but as a social and political practice of promoting mutual respect and equality between different actors in the state and society. This people-centered justice and rule of law framework creates space to address various development and governance factors affecting the incidence of TOC, including (i) the availability of alternative livelihoods, (ii) the popular legitimacy of the state and its influence on people’s regard for the laws on paper; and (iii) the prevalence of a balance of powers enabling the oversight of all actors involved in TOC, especially certain state officials who facilitate it. Beyond the conventionally punitive approaches to addressing TOC, African leaders could explore the potential of more inclusive policymaking processes, the combined use of formal and informal justice institutions to address the drivers of crime, and the empowerment of marginalized groups affected by counter-TOC policy decisions made by elites.
... Titeca and De Herdt (2011), for example, examine how education is de facto negotiated and delivered in the Democratic Republic of Congo (DRC). Titeca and Flynn (2014) analyse the regulation of informal cross-border trade in north-west Uganda. De Herdt and Titeca (2019) cover a wide variety of sectors where public services are negotiated in the DRC, from human resources and the public wage system to electricity, transport, the police, land governance and conflict resolution. ...
Article
Full-text available
Mali is mired in conflict and instability since 2012, when a coalition of secular and Islamist insurgents came close to overtaking the capital Bamako. The magnitude and rapidity of the crisis, together with its ongoing and expanding repercussions, laid bare institutional weaknesses, begging the questions of how governance was delivered before the crisis, and how it has evolved ever since, especially on a local level. The paper traces the evolution of state-customary authorities interaction towards tentative forms of cooperation. It examines how persistent insecurity after 2012, in a context of an ongoing insurgency, put customary authorities in fragile positions in processes and outcomes of local governance. In fact, the crisis brought armed groups as new prominent actors in local negotiations of stability and peace. The role of customary authorities expanded by filling the void left by the state, but it also eroded against the power of armed groups. Customary authorities face peculiar challenges from jihadist insurgents: these actors’ revolutionary project aims at replacing the state with alternative forms of order and governance, also by co-opting customary authority in their political strategies through violence and negotiation.
... Politics is not a game or a joke, if handled badly, it can endanger a nation." These promises point to the continuation of practices that have been commonplace during Museveni's rule-international development projects in the fields of infrastructural and agricultural development have traditionally resulted in large handouts to individual households in the vicinity of these projects as well as to gifts of money to small businessmen ( Carbone 2005 ;Titeca and Flynn 2014 ). Moreover, handouts have also been key to Museveni maintaining the patronage system in place to secure the loyalty of NRM politicians at the local level ( Vokes and Wilkins 2016 ). ...
Article
Full-text available
Despite populism being a fast-growing field of inquiry, populist discourse in an African setting is understudied. This paper expands our knowledge of populist communication and foreign policy in a competitive authoritarian context, proposing an analysis of two Ugandan politicians—Bobi Wine and Yoweri Museveni—and their communication on Twitter before the January 2021 election. Counter to expectations, I find that thick ideology has a limited effect on the electoral discourses of both candidates in a competitive autocracy such as Uganda, and this applies also to their communication about foreign policy. When it comes to their position on foreign policy, strategic electoral communication is focused on positioning themselves in relation to the West, signaling a commitment to a strong future linkage with the West and democratization in the event of electoral victory. The content analysis of Twitter-based communication finds that the long-standing incumbent, Museveni, uses tried-and-tested populist tropes to reinforce his regime, emphasizing his government's allegedly strong capacity to maintain a linkage to Western donors and to conduct a successful foreign policy focused on receiving foreign aid and advancing its investment in economic development. In his turn, counter-candidate Wine is a contemporary populist who contests the long-standing regime and promises a truthful commitment to democratization and an authentic and corruption-free linkage with the West if successfully elected. This paper aims to broaden our understanding of how political leaders in competitive autocratic countries of the Global South make strategic use of populist communication about foreign policy to advance their political agendas.
... Second, they may choose to formalise, materially support and legitimise adapted arrangements (Gallien, 2020). Thus, adapted arrangements are generally a site of 'hybrid governance' (Titeca and Flynn, 2014), one decisively shaped by state actors' endeavours to stabilise a social order. ...
Article
This paper is motivated by the pressing need to understand how water use and irrigated agriculture can be transformed in the interests of both social and environmental sustainability. How can such change come about? In particular, given the generally mixed results of simplified, state-initiated projects of social engineering, what is the potential for transformations in societal regimes of governance to be anchored in the everyday practices of farmers? In this paper, we address these enduring questions in novel ways. We argue that the concept of bricolage, commonly applied to analysing community management of resources, can be developed and deployed to explain broad societal processes of change. To illustrate this, we draw on case studies of irrigated agriculture in Saharan areas of Algeria and in the occupied Golan Heights in Syria. Our case analysis offers insights into how processes of institutional, technological and ideational bricolage entwine, how the state becomes implicated in them and how multiple instances of bricolage accumulate over time to produce meaningful systemic change. In concluding, however, we reflect on the greater propensity of contemporary bricolage to rebalance power relations than to open the way to more ecological farming practices.
Chapter
The connection between populism and foreign policy has received a lot of scholarly attention in recent years. Nevertheless, the nature and impact of populist discourse in an African setting is understudied. This chapter aims to expand our knowledge of populist communication and foreign policy in a competitive authoritarian context, offering an analysis of two Ugandan politicians—Bobi Wine and Yoweri Museveni—and their communication on Twitter before the January 2021 election. The analysis finds that, when it comes to their position on foreign policy, the two candidates use strategic electoral communication to position themselves in relation to the West, signalling a commitment to a strong linkage with the West and democratisation in the event of electoral victory. Museveni, the long-standing incumbent, uses populist tropes that brought him past political success to reinforce his regime, highlighting his government’s well-established linkage to Western donors and experienced conduct of a successful foreign policy based on foreign aid and economic development. Counter-candidate Wine is a contemporary populist who strongly opposes the decades-long regime, critiquing the Western support for Museveni’s presidency. By the same token, Wine promises a corruption-free linkage with the West and a truthful commitment to democratisation, if successfully elected.
Article
Full-text available
ECRIS is the acronym for Enquête Collective Rapide d'Identification des conflits et des groupes Stratégiques. As a methodological framework for ethnographic team research and the comparative analysis of several sites, ECRIS involves six phases: (1) individual inquiry at each site, (2) a preparatory seminar, (3) the collective inquiry, (4) a collective evaluation seminar, (5) individual research at each site, and (6) a final seminar. The ECRIS procedure has been field-tested in five locations: in Senegal, twice in Benin, in the Central African Republic, and in Niger.
Article
Full-text available
"Rules and Processes" is at once a compelling essay in social theory and a pathbreaking ethnography of dispute in an African society. On the basis of a sensitive study of the Tswana of southern Africa, John Comaroff and Simon Roberts challenge most of the orthodoxies of legal anthropology. They argue that the social world, and the dispute processes that occur within it, are given form and meaning by a dialectical relationship between sociocultural structures and individual experience. The authors explore in a novel way the relations between culture and ideology, system and practice, social action and human intention. They develop a model that lays bare the form and content of "legal" and "political" discourse in all its variations-a model that accounts for the outcome of conflict processes and explains why the Tswana, like people in other cultures, conceive of their world in an apparently contradictory manner-as rule-governed yet inherently open to pragmatic individualism; orderly yet inherently fluid and shifting. "Rules and Processes" offers a fresh and persuasive approach to our understanding of the dialectics of social life. "A work of impressive scholarship in which theoretical sophistication and ethnographic richness are convincingly matched."-Ian Hamnett, "Times Higher Education Supplement."