The African Union, Responsible Sovereignty and Contested States

in Global Responsibility to Protect
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Post-colonial Africa has experienced relatively few contested states, defined as entities whose purported statehood is widely challenged by existing states. During the 1960s and 1970s the self-proclaimed states of Katanga, Biafra and Rhodesia encountered serious deficits in international recognition. The same fate befell the independent Bantustans created by South Africa. Today only the Sahrawi Arab Democratic Republic and Somaliland fall in this category. The pair’s remarkable longevity shows that they cannot be wished away. Nor can Africa ignore the conflict potential attached to the very existence of the two disputed states. The African Union’s endorsement of the notion of sovereignty as responsibility provides moral obligations, pragmatic incentives and R2P-associated tools for dealing with the challenges posed by current and future contested states. The African Union could, however, consider two adaptations to R2P procedures. The first is the designation of established contested states as ‘territories of concern’ to highlight the necessity of collective R2P-type initiatives to resolve these situations. The second calls for the introduction of a ‘secessionism alert’ as part of the au’s early-warning system to try to prevent violent secession and the likely birth of contested states.

Sections

References

1

Deon Geldenhuys, Contested States in World Politics (Basingstoke: Palgrave Macmillan, 2009), pp. 3–4.

4

Geldenhuys, Contested States in World Politics, pp. 67–233.

5

James Crawford, The Creation of States in International Law (Oxford: Clarendon Press, 1979), p. 247.

10

Leila J. Farmer, ‘Sovereignty and the African Union’, The Journal of Pan-African Studies, 4/10: 93–105 (2012), p. 94.

12

Alex J. Bellamy, Responsibility to Protect: The Global Effort to End Mass Atrocities (Cambridge: Polity Press, 2009), p. 15.

13

Deon Geldenhuys, ‘The African Union and sovereignty as responsibility’, Africa Insight, 42/3: 53–67 (2012), pp. 57–62.

16

Quoted by Gandois, ‘Sovereignty as responsibility’, pp. 13–14.

17

James Pattison, Humanitarian Intervention and the Responsibility to Protect: Who Should Intervene? (Oxford: Oxford University Press, 2012), pp. 2–3.

18

Geldenhuys, ‘The African Union and sovereignty as responsibility’, pp. 59–62; Dersso, ‘The quest for Pax Africana’, pp. 27–9.

20

Ben Kioko, ‘The right of intervention under the African Union’s Constitutive Act: From non-interference to non-intervention’, International Review of the Red Cross, 85/852: 807-825 (2003), p. 812.

24

Musifiky Mwanasali, ‘The African Union, the United Nations, and the Responsibility to Protect: Towards an African intervention doctrine’, Global Responsibility to Protect, 2/4: 388–413 (2010), pp. 388–413; Herbert Wulf and Tobias Debiel, Conflict Early Warning and Response Mechanisms: Tools for Enhancing the Effectiveness of Regional Organisations? A Comparative Study of the au, ecowas, igad, asean/arf and pif, Crisis States Working Papers Series No.2, lse, London, May 2009, p. 13, http://eprints.lse.ac.uk/28495/, accessed 9 April 2014.

25

Mboya, ‘Conflict between state sovereignty and the right of intervention’, pp. 83–7.

27

Kioko, ‘The right of intervention under the African Union’s Constitutive Act’, pp. 815–7; Policy Advisory Group Seminar Report, Africa’s Responsibility to Protect (Cape Town: Centre for Conflict Resolution, 2009), p. 20.

30

Tim Murithi, ‘Between reactive and proactive interventionism: The African Union Peace and Security Council’s engagement in the Horn of Africa’, African Journal on Conflict Resolution, 12/2: 87–110 (2012), p. 106.

31

Vines, ‘A decade of African peace and security architecture’, p. 97; Wulf and Debiel, Conflict Early Warning and Response Mechanisms, p. 13.

32

Mays, ‘African solutions for African problems’ p. 2.

34

Deon Geldenhuys, ‘Brothers as keepers: Africa’s new sovereignty regime’, Strategic Review for Southern Africa, 28/1: 1–29 (2006), pp. 15–16; Steven Gruzd, ‘Peace, security and the African peer review mechanism: Are the tools up to the task?’ African Security Review, 16/3: 54–66 (2007), pp. 54–66.

38

Murithi, ‘Between reactive and proactive interventionism’, pp. 104–5.

39

John Damis, Conflict in Northwest Africa: The Western Sahara Dispute (Stanford: Hoover Institution Press, 1983), p. 74; Faten Aggad and Pierre du T Botha, ‘Revisiting the Western Saharan conflict, Africa Insight 35/1: 65–75 (2005), p. 67; Thomas Franck, ‘The theory and practice of decolonization – the Western Saharan case’ in Richard Lawless and Laila Monahan (eds.), War and Refugees: The Western Sahara Conflict (London: Pinter, 1987), p. 12.

42

Damis, Conflict in Northwest Africa, pp. 75–6; Timothy Othieno and Siphamandla Zondi, ‘Western Sahara and the un: A litany of failures and a confluence of possibilities’, Global Insight (igd) 51 (2005), p. 1.

45

Geldenhuys, Contested States in World Politics, p. 25.

46

Jacob Mundy, ‘Western Sahara between autonomy and intifada’, Global Policy Forum, 16, http://www.globalpolicy.org/security/issues/wsahara/2007/0316intifada.htm, accessed 20 April 2008; Ian Williams and Stephen Zunes, ‘Self-determination struggle in the Western Sahara continues to challenge the un’, Foreign Policy in Focus (Global Policy Forum), 2003, p. 3, www.globalpolicy.org/component…39893.html, accessed 15 April 2014.

47

Damis, Conflict in Northwest Africa, pp. 45, 86–7; The Middle East and North Africa 2005, p. 843.

53

Hussen M. Adam, ‘Formation and recognition of new states: Somaliland in contrast to Eritrea’, Review of African Political Economy, 21/59: 21–38 (1994), pp. 24–6.

54

Geldenhuys, Contested States in World Politics, pp. 129–30.

56

Quoted by Matthew Bryden, ‘Somalia: The wages of failure’, Current History, 94/591: 145–51 (1995), p. 146.

57

Geldenhuys, Contested States in World Politics, p. 131.

60

Joshua Castellino, International Law and Self-determination (The Hague: Martinus Nijhoff, 2000), p. 185; The Middle East and North Africa 2005, p. 855.

61

Jacob Mundy, ‘Western Sahara: Against autonomy’, Foreign Policy in Focus, 4 May 2007, http://www.worldpress.org/Africa/2778.cfm, accessed on 20 April 2008; Aggad and Botha, ‘Revisiting the Western Saharan conflict’, pp. 71–2.

62

Aggad and Botha, ‘Revisiting the Western Saharan conflict’, p. 72; Othieno and Zondi, ‘Western Sahara and the un’, p. 3.

63

Mundy, ‘Western Sahara between autonomy and intifada’, p. 5.

64

Samuel J. Spector, ‘Negotiating free association between Western Sahara and Morocco: A comparative legal analysis of formulas for self-determination’, International Negotiation, 16: 109–135 (2011), pp. 109–35; Erika Conti, ‘The referendum for self-determination: Is it still a solution? The never ending dispute over Western Sahara’, African Journal of International and Comparative Law, 162: 178–196 (2008), pp. 187–96.

65

Geldenhuys, Africa’s Contested States, pp. 19–20.

70

Quoted by F.A. Ahmed, ‘Somaliland: Elusive independence’, New African, 447: 34–6 (2006), p. 35.

73

Bridget Coggins, ‘Friends in high places: International politics and the emergence of states from secessionism’, International Organization, 65/3: 433–67 (2011), p. 449.

74

Evans, The Responsibility to Protect, p. xii.

76

Irene L Lax, ‘A state of failure: The sacrosanctity of sovereignty and the perpetuation of conflict in weak and failing states’, Temple International and Comparative Law Journal, 25: 25–65 (2012), pp. 25–68; Alexis Arieff, ‘De facto statehood: The strange case of Somaliland’, Yale Journal of International Affairs, 3/12: 60–79 (2009), 60–79; Dimitrios Lalos, ‘Between statehood and Somalia: Reflections of Somaliland statehood’, Washington University Global Studies Law Review, 10/4: 789–812 (2011), pp. 789–812; Jeffrey J. Smith, ‘Western Sahara: The failure and promise of international law’, The Advocate (Vancouver), 69/2: 179–91 (2011), pp. 179–87; Sengupta and Parmar, ‘A critical analysis of the legality’, pp. 190–210.

77

Spector, ‘Negotiating free association between Western Sahara and Morocco’, pp. 109–35.

78

International Crisis Group, Somaliland: Time for African Union Leadership, p. 18; Adam, ‘Formation and recognition of new states’, p. 36; Bryden, ‘State-within-a-failed-state’, p. 186.

81

Pierre Englebert, Africa: Unity, Sovereignty, and Sorrow (Boulder: Lynne Rienner, 2009), pp. 5–7, 32.

82

theguardian.com, 6 September 2012, http://www.theguardian.com/world/interactive/2012/sep/06/afri…, accessed 21 April 2014.

83

Geldenhuys, Contested States in World Politics, pp. 235–6.

87

Evans, The Responsibility to Protect, pp. 81–4.

90

Bellamy, Responsibility to Protect, pp. 119–20.

91

Evans, The Responsibility to Protect, pp. 87–8.

92

Bellamy, Responsibility to Protect, p. 123.

94

Allen Buchanan, Secession: The Morality of Political Divorce from Fort Sumter to Lithuania and Quebec (Boulder: Westview Press, 1991), pp. 27–81; Pavković and Radan (eds.), The Ashgate Research Companion to Secession, especially Part V: ‘Secession: Normative approaches’.

95

Ian S. Spears, ‘Debating secession and the recognition of new states in Africa’, African Security Review, 13/2: 35–48 (2004), p. 42; Iqbal D. Jhazbhay, Ethiopia, Somaliland and Somalia amid an Islamic Rising Storm in the Horn: The African Union and the Case for Urgent Preventive Diplomacy (Johannesburg: Centre for Policy Studies, 2006), pp. 32–7.

96

Buchanan, Secession, p. 133.

97

Murithi, ‘The responsibility to protect, as enshrined in article 4 of the Constitutive Act of the African Union’, p. 22; Mwanasali, ‘The African Union, the United Nations, and the Responsibility to Protect’, p. 411; African Union, Democratisation and Peace-Building in Africa: Policy Reflections and Prospects, Contribution of the Governance Cluster of the Regional Coordination Mechanism (rcm) to the oau/au Golden Jubilee and the Draft au Agenda 2063, Addis Ababa, November 2013, p. 46.

98

Kurt Mills, ‘Vacillating on Darfur: Responsibility to protect, to prosecute, or to feed?’ Global Responsibility to Protect, 1/4: 532–59 (2009), p. 537.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 19 19 3
Full Text Views 19 19 9
PDF Downloads 1 1 1
EPUB Downloads 5 5 0