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ABSTRACT
Peaceful secession in Africa has become elusive even as there are frequent calls for secession in the African continent. Generally, secession is not popular among African politicians. Some African leaders ignore the existence of the threat of secession. The non-recognition of the threat of secession in Africa by its leaders has come at a great cost. However, recent history gives reasons for a more favourable disposition towards secession in Africa. For example, two countries that have seceded (Eritrea in 1991 and South Sudan in 2011) became new members of the United Nations and African Union in 1993 and 2011 respectively, but at great cost to human life. This paper asserts that secession poses an imminent security threat to African nations. Furthermore, the act, by some African States of ignoring and forcefully shooting down secession bids without giving the agitators a hearing ear, is oppressive and leads to conflict.
Notes on Contributors
Alex Cyril Ekeke, LLB (Jos), LLM, LLD (Pretoria) Post Doctoral Fellow, Department of Public Law, Nelson R Mandela School of Law, University of Fort Hare, East London, Eastern Cape, South Africa.
Dr Nombulelo Lubisi holds a Bjuris, LLB, LLM and LLD from the University of Fort Hare, and various other certificates covering a number of competencies. She was admitted to practice as an advocate in 2005 and is currently the Dean of Faculty of Law, Nelson R Mandela School of Law, University of Fort Hare, East London, Eastern Cape, South Africa.
Notes
1 Wuhibegezer, ‘Fundamental Consequences of the Ethio-Eritrean War’, 42.
2 See ‘South Sudan – Overview’.
3 See Heerten and Dirk. ‘The Nigeria–Biafra War’, 182.
4 Moki, ‘Nearly 70 Killed in Cameroon as Separatists Stop Youth Week Activities’.
5 Lecocq and Georg, ‘Tuareg Separatism in Mali’, 427.
6 See generally Human rights Watch ‘Angola: Between War and Peace in Cabinda’.
7 See Gunmen Kill 13 in Restive Casamance Region.
8 Bereketeab, ‘Self-Determination African Challenges’, 3.
9 Huntington, ‘Foreword’ to Eric, A. Nordlinger, Conflict Regulation.
10 Buchanan, Secession: The Morality of Political Divorce.
11 Nielsen, ‘Liberal Nationalism, Liberal Democracies, and Secession’, 254.
12 Horowitz, ‘The Cracked Foundation of the Right to Secede’.
13 On 1 January 1993, Czechoslovakia dissolved peacefully into two new countries, the Czech Republic and Slovakia. See generally, Heimann, Czechoslovakia the State that Failed.
14 Miljenko, ‘Procedure for Secession’, 147.
15 Buchanan, Secession: The Morality of Political Divorce.
16 See Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
17 See Reference re Secession of Quebec, [1998] 2 S.C.R. 217, par 133.
18 Laurinaviciute and Bieksa, ‘The Relevance of Remedial Secession’, 67.
19 Ibid.
20 For instance, in Article 1(2) of the United Nations Charter which says that among the objectives of the United Nations is ‘To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples’.
21 Common Article 1 of the ICCPR and ICESCR, which state: ‘all peoples have the right of self -determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development’.
22 See paragraph 13 of the preamble of the United Nations Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in accordance with the Chapter of the United Nationst; part 1(viii) of the Conference on Security and Co-operation in Europe (CSCE), Helsinki Final Act 1975 and Article 1(2) of Vienna Declaration and Programme of Action, 1993.
23 Nanda, ‘Self-Determination under International Law’, 258.
24 Nawaz, ‘The Meaning and Range of the Principle of Self-Determination’, 83.
25 Paragraph 2 of the Declaration of Independence IN CONGRESS, July 4, 1776.
26 See generally Keitner, ‘National Self-Determination in Historical Perspective 1789/1989’.
27 See note 24 above, 83.
28 Ibid.
29 Thürer and Burri, ‘Self-Determination’.
30 Kadir, ‘Application of the Law of Self-Determination in a Postcolonial Context’, 13.
31 Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, Resolution 2625 (XXV) adopted at the Twenty-fifth session by the General Assembly on 24 October 1970 https://www.undocuments.net/a25r2625.htm (accessed November 29, 2018).
32 Ibid.
33 See A Rights-Based Approach to Participation, the Global Institute for Economic, Social and Cultural Rights Practitioner’s Guide May 2014, https://globalinitiative-escr.org/wpcontent/uploads/2014/05/GIESCRPractitioners-Guilde-on-Right-to-Participation.pdf (accesed November 29, 2018) 13.
34 Praag, ‘The Implementation of the Right to Self-Determination’, 12.
35 See Articles 4 & 5 of the Declaration on the Granting of Independence to Colonial Countries and PeoplesAdopted by General Assembly resolution 1514 (XV) of 14 December 1960.
36 The ICJ proclaimed the right to external self-determination in its Advisory Opinion on the legal consequences of Isreal’s construction of a wall around West Bank. See Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 2004 ICJ par. 122.
37 (2000) AHRLR 72 (ACHPR 1995).
38 Although the African Charter did not define the meaning of people, in the case of SERAC v Nigeria, (2001) AHRLR 60 (ACHPR 2001) the Comission recognised the people of Ogoni –an ethnic and minority group as peoples.
39 Katangese Peoples’ Congress v. Zaire (2000) AHRLR 72 (ACHPR 1995 par 6).
40 This has been addressed by Two United Nations’ declarations: The Declaration on the Granting of Independence to Colonial Countries and Peoples, G.A. Resolution 1514 of 1960 and the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, G.A. Resolution 2625 of 1970.
41 Rrecaj, ‘Kosovo After the Declaration of Independence’, 19.
42 Hamilton, ‘Remember Why Kosovo Wants Independence’; See also Mulaj, ‘Resisting an Oppressive Regime’, 1103–19.
43 Sterio, ‘Self-Determination and Secession under International Law’, 296.
44 Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, I.C.J. Reports 2010, para. 84.
45 Ibid., par 81.
46 Crnić-Grotić and Kasipović, ‘The Right to Self–Determination – the Kosovo Case’, 899.
47 See generally Jamnejad and Wood. ‘The Principle of Non-Intervention’.
48 Which sates that ‘any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the United Nations Charter.’
49 Which states that ‘nothing in the foregoing paragraphs shall be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States … ’.
50 See Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA), I.C.J. Reports 1986 par. 73.
51 See note 46 above.
52 Hannum, ‘Legal Aspects of Self-Determination’.
53 Ibid.
54 Mueller, ‘Secession and Self-Determination’, 298.
55 Buchanan, Justice, Legitimacy and Self-Determination, 219–220.
56 Griffiths, ‘The Scramble for Africa’, 204. See also Nelson, ‘Sweden Norway at the Berlin Conference 1884–85 History, National Identity-Making’, 5.
57 See generally Tordoff, Government and Politics in Africa; Poku and Mdee, Politics in Africa: A New Introduction and Wodrig, Regional Intervention Politics in Africa.
58 Haile, ‘The Origins and Demise of the Ethiopia-Eritrea Federation’, 10.
59 Schiller, ‘Eritrea: Constitution and Federation with Ethiopia’, 375–6.
60 CERVENKA, Z. ‘Eritrea Struggle for Self-Determination or Secession?’ 37.
61 See Ethiopia/Eritrea (1950–1993).
62 Ibid.
63 Ibid.
64 Ibid.
65 The United Nations and the Independence of Eritrea Department of Public Information United Nations, New York https://digitallibrary.un.org/record/229464/files/%5EST_%5EDPI_1850EN.pdf?version=1 (accessed June 29, 2019) 29.
66 Christopher, ‘Secession and South Sudan’, 127.
67 Ibid.
68 de Vries and Schomerus. ‘Fettered Self-Determination’, 32; See also ‘South Sudan – Overview’.
69 Ibid.
70 Ibid.
71 See ‘South Sudan – Overview’.
72 see ‘Somaliland Profile’.
73 Larmer and Kennes. ‘Rethinking the Katangese Secession’, 743–5.
74 Ibid., 753–5.
75 Ibeanu, Orji, and Iwuamadi. ‘Biafra Separatism: Causes, Consequences and Remedies’, 2.
76 Adediran, ‘Why Protesting MASSOB, IPOB Members Were Killed’.
77 Kobo, ‘Northern Malians’ Push for Secession’.
78 Ibid.
79 Ibid.
80 Fessy, ‘Mali Tuareg Rebels’ Call on Independence Rejected’.
81 Browne, ‘Cameroon’s Separatist Movement is Going International’.
82 Koigi, ‘Ambazonia: The New Cameroon State and the Growing Clamour’.
83 Njini, ‘Kenya’s Election Feud Deepens Secession Calls’.
84 See AHG/Res. 16 (1) of Resolutions adopted by the first Ordinary Session of the Assembly of Heads of State and Government held in Cairo, UAR, From 17 To 21 July 1964 AHG/Res. 1 (1) – AHG/Res. 24 (1).
85 OAU AHG/51 (IV) (14 September 1967).
86 See Article 4 (b) of the Constitutive Act of the African Union.
87 Doc Assembly/AU/6 (XIX) (16 July 2012).
88 Assembly/AU/Dec 338 (XVI) (31 January 2011).
89 Wassermann, ‘The Historical Significance of African Liberation – the Views of South African History Education Studies’, 17–28 and Gunn, ‘African Nationalism from the Colonial Period to the Post Colonial Period’, 2988–95.
90 Binaisa, ‘Organization of African Unity and Decolonization’, 61–6.
91 OAU AHG/51 (IV) (14 September 1967). See also Article 4(g) of the Constitutive Act of the African Union (2000/2001).
92 Ibid.
93 Nkrumah, ‘African Prospect’, 46.
94 UN General Assembly Resolution A/RES/181(II) 29 November 1947
95 Case for Recognition of Biafra: statement by the Government of the United Republic of Tanzania (Dar es Salaam), 13 April I968.
96 See Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
97 Duclos, ‘The Strange Case of the Scottish Independence Referendum. Some Elements of Comparison between the Scottish and Catalan Cases’, 4.
98 See the Belfast Agreement of 1998 under Constitutional issues article 1(ii).
99 See Agreement between the United Kingdom Government and the Scottish Government on a referendum on independence for Scotland Edinburgh, 15 October 2012.