Download Complete Ebook By email at etutorsource@gmail.com Navigating the Tension Between Sovereignty and Self-Determination in Postcolonial Africa Blueprints for the Midcentury Philip C. Aka Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com Navigating the Tension Between Sovereignty and Self-Determination in Postcolonial Africa Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com Philip C. Aka Navigating the Tension Between Sovereignty and SelfDetermination in Postcolonial Africa Blueprints for the Midcentury Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com For my family. For victims in the ghastly conflicts for self-determination in postcolonial Africa, including the 3.5 million Igbo who perished in Nigeria’s war over Biafra from 1967–1970. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com Table of National and International Laws Pertaining to this Book African Commission for Human and Peoples’ Rights. Katangese Peoples’ Congress v. Zaire. Comm. No. 75/92, Eighth Annual Activity Report of the African Commission on Human and Peoples’ Rights (1994–1995). ACHPR/RPT/ 8th, Annex VI. 1995. Attorney-General of the Federation vs. Attorney-General of Abia State. 4 NILR 5, 2002. CMI256. Constitution of the Republic of Cameroon, 1996. Adopted January 18. Amendment to the Constitution of June 2, 1972. International Labor Organization. Constitution of the Republic of Cameroon, 1985. Adopted May 20, 1972. Promulgated June 2, 1972. Association of Secretaries General of Parliaments. Constitution of the United Republic of Cameroon, 1972. Constitution of the Federal Republic of Cameroon, 1961. Constitution of the Federal Democratic Republic of Ethiopia, 1995. Constitution of the People’s Democratic Republic of Ethiopia, 1987. Proclamation No. 1 of 1987. Negarit Gazetta, 47(1). September 12, 1987. Constitution of Ethiopia, 1955. Constitution of the Federal Republic of Nigeria, 1999. Constitution of the Federal Republic of Nigeria, 1979. Constitution of the Federal Republic of Nigeria, 1963. Constitution of the Federation of Nigeria, 1960. Corfu Channel (U.K. v. Alb.). Judgment, I.C.J. Rep. 4. April 9, 1945. Ethiopian Constitution of 1931. London: The Government of Ethiopia, 1969. I.C.J. Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. Advisory Opinion. I.C.J. 403. July 22, 2010. I.C.J. 2002. Land and Maritime Boundary between Cameroon and xi Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com xii TABLE OF NATIONAL AND INTERNATIONAL LAWS … Nigeria (Cameroon v. Nigeria: Equatorial Guinea Intervening). October 10, 2002. I.C.J. The Frontier Dispute Case (Burkina Faso v. Mali). I.C.J. 544. December 22, 1986. Organization of African Unity (OAU). African Charter on Human and Peoples’ Rights (Banjul Charter). CAB/LEG/67/3 rev. 5, 21 I.L.M. 58. June 27, 1981. Organization of African Unity [OAU], Border Disputes Among African States. AHG/Res 16(I). July 17–21, 1964. Nigeria (Constitution) Order in Council, 1954. Statutory Instrument 1954. No. 1146. August 30, 1954. Organization of African Unity (OAU). Charter of the Organization of African Unity. May 25, 1963. Organization of African Unity (OAU). Constitutive Act of the African Union. July 1, 2000. Roe v. Wade, 410 U.S. 113 (1973). Texas v. White, 74 U.S. 700 (1869). UN General Assembly. International Covenant on Civil and Political Rights. UN Treaty Series 999. December 16, 1966. UN General Assembly. International Covenant on Economic, Social and Cultural Rights. UN Treaty Series 993. December 16, 1966. UN General Assembly. United Nations Declaration on the Rights of Indigenous Peoples. Resolution No. A/RES/61/295. October 2, 2007. UN General Assembly. Universal Declaration of Human Rights. 217 A (III). December 10, 1948. UN General Assembly. Declaration on the Granting of Independence to Colonial Countries and Peoples. G.A.O.R., 15th Sess., Supp. No. 16, U.N. Doc. A/ 4684. December 14, 1960. United Nations. Charter of the United Nations and Statute of the International Court of Justice (1945). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com Map of Africa with the Three Countries Featured in the Book Europe Tunisia MEDITERRANEAN SEA Morocco Asia Algeria Libya te es W rn h Sa Egypt ara Mauritania Niger Mali Eri trea Chad Cape Verde Senegal Sudan Gambia Burkina Faso Guinea-Bissau Djibouti Guinea Central African Republic GULF OF GUINEA N Cameroon eri a Somalia Ethiopia Equatorial Guinea EA Benin Nigeria Uganda Kenya zz Sao Tome and Principe OC Lib Ghana av ille Cote d`Ivoire Togo Sierra Leone go -B ra Gabon AN Burundi DI Con Rwanda Democratic Republic of Congo IN Tanzania Comoros i Malaw Angola Zambia Mozambique Zimbabwe Madagascar Botswana Namibia Swaziland 0 750 1,500 3,000 KM South Africa so Le GU Department of Geography and Resource Development University of Ghana LF th o GU OF IN EA Legend Project Country Antarctica Other African Country Fig. 1 This map is reproduced with grateful permission from the Department of Geography and Resource Development at the University of Ghana at Legon xiii Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com Contents Part I Starting Points 1 Argument Introduction Rifeness of Self-Determination Conflicts in Postcolonial Africa Significances of the Book Troublesome Tension Statecraft in Africa and Contradictory Messages from Global Institutions Debate Against Absolutizing Sovereignty Juxtaposing the Three Countries on a Set of Key Indicators Caveat: Identification of the Tension Between Sovereignty and Self-Determination Does Not by Itself Exhaust the Merit of This Book The Kanu Saga from Nigeria as a Textbook Example of the Problem This Book Addresses Extraordinary Rendition of Nnamdi Kanu from Kenya to Nigeria in 2021 Opinion of the UN Working Group Related to Kanu Latest Denouement Related to the Kanu Trial Takeaways from the Kanu Saga Intersection of International Law, Constitutional Law, and Conflict Resolution from the Prism of the Three Case Studies 3 3 5 8 8 10 13 16 23 26 27 28 30 32 32 xv Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com xvi CONTENTS Need for More Constitutional Law in Discussions Relating to Sovereignty and Self-Determination Importance of Constitutional Law as a Conflict Resolution Mechanism The Three Case Studies Organization of This Book Appendix A to Chapter 1: Loci of Separatist Movements in Africa Appendix B to Chapter 1: New States Admitted to UN Membership Since the Fall of the Berlin Wall in 1989 2 Conceptual Framework Introduction Indicators of the Tension Between Sovereignty and Self-Determination: Survey of Six Global and Regional Instruments Foundational Role of the Universal Declaration of Human Rights Relating to the Six Instruments UN Charter The ICCPR and ICESCR The UNDRIP OAU Charter The CAAU Norm of Sovereignty Defining Sovereignty Rise of the Sovereign State Circumscription of the Sovereign State The Right to Self-Determination Relationship Between Sovereignty and Self-Determination Conclusion Appendix to Chapter 2: Fundamental Freedoms Embedded in the Universal Declaration of Human Rights 33 34 35 38 44 47 51 51 53 56 57 58 60 63 67 69 69 71 76 78 83 88 90 Part II Constitutional Law and the Right to Self-Determination in Postcolonial Africa: Three Case Studies Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com CONTENTS 3 Sovereignty and Self-Determination in a Constitutionalized Setting: Ethiopia in Comparative Perspective Introduction Ethiopia, Land of the Blue Nile: Basic Facts Related to the Country Etymology of Ethiopia Geopolitical Features and Demographic Profile Mainstay of Ethiopia’s Economy Social Revolution and Popular Upheaval in Ethiopia After Selassie Justifying the Portraiture of Ethiopia as Land of the Blue Nile Ethiopian Constitutionalism from 1931 to 1995 Pre-1931 The 1931 Constitution The 1955 Constitution The 1987 Constitution The 1995 Constitution Article 39 of Ethiopia’s 1995 Constitution Multiple Accomplishments of Article 39 Two Unavailing Criticisms of Article 39 The Politics of Constitutional Engineering in Ethiopia Self-Determination Struggles in Ethiopia Before 1995: Eritrea Basic Facts on Eritrea Three Key Events in Eritrea’s Self-Determination Campaign Collapse of the Federation Experiment Between Ethiopia and Eritrea The Eritrean War of Independence The Referendum on Eritrean Independence Gauging the Status of the Right to Self-Determination in Ethiopia Since 1995: Critique of the Theory of Ethnic Federalism The Civil War in Ethiopia from November 2020 to November 2022 The Trouble With the Theory of Ethnic Federalism Conclusion xvii 97 97 98 98 101 105 108 113 115 115 117 119 122 126 130 130 133 135 138 139 142 144 146 152 155 155 164 169 Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this 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Download Complete Ebook By email at etutorsource@gmail.com xviii CONTENTS Key dates in Ethiopian constitutional and self-determination histories 4 Sovereignty and Self-Determination in a Non-constitutionalized Setting: Nigeria in Comparative Perspective Introduction Basic Facts Related to Nigeria, “Giant of Africa” Etymology: From “Amalgamation” to British Crown Colony Navigating Native Resistance Through a Semblance of Constitutional Reforms Independence, Republicanism, and the Experience of Federalism Since Independence Demographic Features and Profile Mainstay of Nigeria’s Economy Justifying the Giant of Africa Moniker Nigerian Constitutionalism from 1960 to 1999 The 1960 Constitution The 1963 Constitution The 1979 Constitution The 1999 Constitution The Politics of Constitutional Engineering in Nigeria Biafra 1: 1967–1970 Causes and Courses of the War A “Cruel War” Two Silver Linings from the Biafra War Immediate Aftermaths of Nigeria’s War Over Biafra Biafra 2: The Period Since 1999 under the Fourth Republic Igbo Self-Determination Initiatives under MASSOB from 1999 until 2011 Igbo Self-Determination Initiatives under IPOB Since 2012 Matters Arising: Two Lingering Questions Begging for Answers The Coterminous-ness of Igbo as an Ethnic Group and Biafra Why Nigeria Did Not Precede Ethiopia in Constitutionalizing the Right to Self-Determination Conclusion 171 173 173 175 175 178 180 186 190 196 199 199 201 203 206 208 211 213 219 222 227 231 236 237 240 240 245 250 Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com CONTENTS Appendix A to Chapter 4: Key Dates in Nigerian Constitutional and Self-Determination Histories Appendix B to Chapter 4: Text of “The Kaduna Declaration” Preamble Observations Our Stand Prelude to Final Separation Conclusion 5 Sovereignty and Self-Determination in a Non-Constitutionalized Setting: Cameroon in Comparative Perspective Introduction Cameroon, “Africa in Miniature”: Basic Facts Related to the Country Etymology of Cameroon Geopolitical Feature and Demographic Profile Cameroon’s Political History from Precolonial Through Colonial to the Period Since Independence and After Mainstay of Cameroon’s Economy Portraiture of Cameroon as “Africa in Miniature” in Analytical Perspective Cameroonian Constitutionalism from 1960 to 2008: A Tale of Three High(er) Laws The Constitution of 1961 The 1972 Constitution The 1996 Constitution The Politics of Constitutional Engineering in Cameroon The South Cameroon Problem: Demands for Restoration of Federalism Negating the Proposition that Abolishing Federalism Affirmed the Political Maturity of Cameroonians: Multiple Voices Individuals Separatist Organizations Political Parties All-Anglophone Conferences A Disconcerting New Phase in Cameroon’s “Anglophone Problem” xix 253 255 256 256 258 258 260 261 261 262 262 264 268 274 276 278 281 284 289 294 297 297 299 301 301 302 304 Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com xx CONTENTS Government Crackdown on Peaceful Demonstrations The South Cameroon Problem: Crossover into Demand for Separate State Declaration of Independence by Southern Cameroonians as Federal Republic of Ambazonia The Cameroonian National Government’s Response to the Declaration Conclusion: Now What? Appendix: Key Dates in Cameroonian Constitutional and Self-Determination Histories 307 309 309 312 318 321 Part III Navigating the Tension Between Sovereignty and Self Determination in Postcolonial Africa 6 7 Object Lessons from the Case Studies Introduction Recapitulation of Case Study Materials from Chapters 3 to 5 Collage of Six Object Lessons from the Case Studies The Privilege of Sovereignty Over Self-Determination to the Point of Reification Failure of Power Devolution Indicative of a Love of Concentrated Powers Failure of Social Justice Bad Structure The Need to Go Beyond Constitutionalization of Self-Determination The Counterproductivity of Cracking Down on the Free Exercise of Self-Determination Conclusion 325 325 327 329 Blueprints for the Midcentury Introduction Tale of Three Parties Central Governments Agitators for Self-Determination International Community Collage of Fourteen Blueprints For Central Governments Blueprint No. 1: Respect the International Law Doctrine of Self-Determination 353 353 355 356 356 356 360 364 331 334 340 343 346 347 350 364 Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com CONTENTS Blueprint No. 2: Don’t Use Force Against the Legitimate Exercise of the Right to Self-Determination Blueprint No. 3: Address the Legitimate Concerns of Agitators for Self-Determination Blueprint No. 4: Respond Appropriately to Agitations for Self-Determination Blueprint No. 5: Take Power Devolution Seriously Blueprint No. 6: Take Social Justice Seriously Blueprint No. 7: Put More Quality in Civil-Democratic Rule Self-Determination Agitators Blueprint No. 8: Conduct Your Campaign with Maturity and Responsibility Blueprint No. 9: Commit Yourselves to the Pursuit of a Qualitatively Different State and Society Blueprint No. 10: Practice Internal Democracy and Accountability Blueprint No. 11: Don’t Expect Quick Results Blueprint No. 12: Be Realistic The International Community Blueprint No. 13: Place the Right to Self-Determination on the Same or Near Footing as Sovereignty Blueprint No. 14: Don’t Intervene For the Midcentury Changing Demography in Africa Ameliorating the Tension in the Interest of International Peace and Security Conclusion 8 Conclusions and Prospects for the Future Navigating the Tension Between Sovereignty and Self-Determination in Postcolonial Africa Factors Which Lent Urgency and Exigency to the Proposals in This Book Achievements of the Book Prospects for the Future Analysis of Three Voices on the Recognition of the Right to Self-Determination as a Matter of International Law xxi 365 366 367 368 369 370 372 372 374 375 376 377 379 379 380 383 383 384 386 391 391 393 394 399 399 Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com xxii CONTENTS Timothy W. Waters Stephen Tierney Dapo Akande Final Word 400 402 403 404 References 407 Index 473 Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com Abbreviations ACHPR ACS ADP AU CAAU CACSC CNU CPDM DRC ECA ECCAS ECOWAS ELF ELM ENDF EPLF EPRDF FDRE IBRD ICCPR ICESCR ICJ IMF IPOB African Charter on Human and Peoples Rights (Banjul Charter) American Colonization Society Amhara Democratic Party African Union (formerly Organization of African Unity, OAU) Constitutive Act of the African Union Cameroon Anglophone Civil Society Consortium Cameroon National Union (Union Nationale Camerounaise, UNC, in French). Cameroon People’s Democratic Movement. Democratic Republic of the Congo (formerly Zaire) United Nations Economic Commission for Africa Economic Community of Central African States Economic Community of West African States Eritrean Liberation Front Eritrean Liberation Movement Ethiopian National Defense Force Eritrean People’s Liberation Front Ethiopian People’s Revolutionary Democratic Front Federal Democratic Republic of Ethiopia International Bank for Reconstruction and Development (World Bank) International Covenant on Civil and Political Rights International Covenant on Economic, Social, and Cultural Rights International Court of Justice (World Court) International Monetary Fund Indigenous People of Biafra xxiii Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com xxiv ABBREVIATIONS MASSOB NRS OAU OIC OLF OPDP PDRE PMAC PP SCACUF SCNC SDF SEPDM SSS TGE TPLF UK UN UNDESA UNDR UNDRIP UNOVER UNPO UPC US(A) WCIP WPE Movement for the Actualization of the Sovereign State of Biafra National regional state(s) Organization of African Unity (now African Union, AU) Organization of the Islamic Conference Oromo Liberation Front (Shene) Oromo People’s Democratic Party People’s Democratic Republic of Ethiopia Provisional Military Administrative Council Prosperity Party (Ethiopia) Southern Cameroons Ambazonia Consortium United Front Southern Cameroons National Council Social Democratic Front Southern Ethiopian People’s Democratic Movement State Security Service (Nigeria’s secret police) Transitional Government of Ethiopia Tigray People’s Liberation Front United Kingdom or Britain (more formally the United Kingdom of Great Britain and Northern Ireland). United Nations United Nations Department of Economic and Social Affairs Universal Declaration of Human Rights Unite Nations Declaration on the Rights of Indigenous Peoples UN Observer Mission to Verify the Referendum in Eritrea Unrepresented Nations and Peoples Organization Union des Populations du Cameroun United States of America World Conference on Indigenous Peoples Workers’ Party of Ethiopia Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com List of Tables Table 1.1 Table 2.1 Table 3.1 Table 3.2 Table 3.3 Table 4.1 Table 4.2 Table 4.3 Table 4.4 Table 5.1 Table 5.2 Table 6.1 Table 6.2 Table 7.1 Juxtaposition of the three countries on selected indicators embedded in the intersection of sovereignty, self-determination, constitutional law, and conflict resolution Six human rights instruments matched against Ethiopia, Nigeria, and Cameroon Major ethnic groups of Ethiopia Ethiopia’s eleven national regional states (NRS) List of Ethiopian leaders and the constitutions they are associated with Nigerian states and federal capital territory Major ethnic groups of Nigeria Parade of Nigerian leaders and the constitutions they are associated with Igbo states of Nigeria Ten regions of Cameroon (in order of population) Major ethnic groups of Cameroon Recap in graphics of case study materials from Chapters 3 to 5 Recap of the object lessons Recap of the blueprints for harmonizing sovereignty and self-determination 17 54 103 104 136 184 188 209 241 267 267 327 330 361 xxv Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com PART I Starting Points Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com CHAPTER 1 Argument Introduction The United Nations (UN) was founded after World War II, as a successor to the League of Nations, to promote international peace and security, including the use of “effective collective measures” for settling international disputes or situations that might lead to a breach of peace.1 Taking this pacific, nay pacifist, goal as a starting point,2 this book formulates and presents small-steps-to-peace proposals, dressed up as blueprints, for harmonizing two complementary doctrines of International Law, namely: the principle of sovereignty, and the group right to self-determination. The blueprints are distilled from an exhaustive study of five self-determination campaigns from three countries, each scene of conflicts between claimants of sovereignty and self-determination, and 1 United Nations, Charter of the United Nations and Statute of the International Court of Justice (1945) [hereinafter UN Charter], art. 1(1), https://treaties.un.org/doc/pub lication/ctc/uncharter.pdf. To achieve this, the UN holds itself ready to take “effective collective measures” to prevent and remove threats to peace, suppress breaches of the peace like aggression, and settle international disputes or situations that might lead to a breach of peace. Ibid. 2 See ibid., preamble (expressing the determination of “We the peoples of the United Nations” “to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind”). 3 P. C. Aka, Navigating the Tension Between Sovereignty and Self-Determination in Postcolonial Africa, https://doi.org/10.1007/978-3-031-48131-4_1 Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 4 P. C. AKA each clothed in material amply extensive and coherent to inform the blueprint. Each case study is preceded by a sketch of basic facts related to each country organized around a distinctive moniker, although, in each instance, save for one country, more apparent than real. In due tribute to the emerging role of Constitutional Law as a tool for moderating the tension between the complementary doctrines, each of the case studies is drenched in constitutional analysis unique to each country, including the politics of constitutional engineering. This chapter is both an entrance into the book and its argument. Excluding this brief statement of introduction, the following discussion comprises five sections and two attachments. The five sections are: rifeness of conflicts in postcolonial Africa, evident in numerous campaigns for self-determination, that belie the contrarian claim of a “secessionist deficit” in the region; significances of the book, including its delineation of the troublesome tension between sovereignty and self-determination in Africa, comment on statecraft in Africa and contradictory messages from global institutions bearing on the tension, the debate against absolutizing sovereignty doctrine in Africa, and a caveat that identification of the tension between sovereignty and self-determination does not by itself exhaust the merit of this book; the Kanu saga from Nigeria as a textbook example of the hydra-headed nature of the tension between sovereignty and self-determination at the heart of this study, but also the need for policy measures at the domestic and global levels embedded in conflict resolution as a possible viable way out; a preliminary commentary on the intersection among International law, Constitutional law, and conflict resolution, subsequently fleshed out by the case studies of struggles in self-determination in Ethiopia, Nigeria, and Cameroon, elaborated in Chapters 3–5; and a word on the organization of the book. The two attachments are Appendix A on the widespread loci of separatist movements in Africa and Appendix B on the roster of new states admitted into the UN since the fall of the Berlin Wall in 1989, which marked the end of the Cold War between the worlds of capitalism and socialism. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 5 Rifeness of Self-Determination Conflicts in Postcolonial Africa When two elephants tangle, the grass suffers.3 So, not that it justifies it, during the Cold War from 1945 to 1991 between East and West, exemplified by the world’s then two superpowers, the US and the Soviet Union,4 Africa suffered. Coincidentally, many African countries gained independence within this period.5 However, in the post-Cold War, Africa continues to be a region rife with conflicts.6 “Ever since most of the region became independent in the 1960s[,] there has been no point in time that a major war is not going on somewhere in Africa. No single country in the continent has collapsed entirely from violence [...] but then 3 John Simpson and Jennifer Speake, eds., The Oxford Dictionary of Proverbs, 5th Ed. (New York and London: Oxford University Press, 2008). 4 Odd Arne Westad, The Cold War: A World History (New York: Basic Books, 2017); Norman Friedman, The Fifty-Year War: Conflict and Strategy in the Cold War (Annapolis, MD: Naval Institute Press, 2007); Joseph Smith, The Cold War, Second Edition, 1945– 1991 (Oxford, UK: Blackwell, 1998). See also Spencer C. Tucker, The Encyclopedia of the Cold War, 5 Vols. (Santa Barbara, CA: ABC-CLIO, 2007) (an integrated history of the geopolitical rivalry in five volumes); and Geir Lundestad, East, West, North, South: Major Developments in International Relations Since 1945 (London, UK, and Thousand Oaks, CA: Sage Publications, 2005). 5 See notes 64–65 below and accompanying texts. See also Piero Gleijeses, “Africa in the Cold War,” Oxford Bibliographies (last modified October 27, 2021); Jay Dee, “The Cold War in Independent Africa,” Writing Anthology, Central College, Pella, Iowa, USA (July 2, 2019), https://central.edu/writing-anthology/2019/07/02/the-cold-war-in-ind ependent-africa/; and US Department of State, Office of the Historian, “Decolonization of Asia and Africa, 1945–1960,” https://history.state.gov/milestones/1945-1952/asiaand-africa. 6 See Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New Century,” Tulsa Journal of Comparative and International Law, 11(1) (2003), 179–183. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 6 P. C. AKA not one country has also totally escaped periods of militant or subversive strife.”7 Such is the poverty and elusiveness of political cohesion in Africa.8 Many conflicts in the contemporary world are linked to struggles for self-determination9 ; the bulk of these struggles occurs in postcolonial Africa (see Appendix A at the end of this chapter). Based on the diagram, 23 out of the 55 countries in Africa,10 are scenes of separatist movements. These states are Algeria, Angola, Cameroon, Central African Republic (CAR), Comoros, Republic of the Congo (Congo Brazzaville), Democratic Republic of the Congo (Congo Kinshasa or former Zaire), Equatorial Guinea, Ethiopia, Ghana, Libya, and Mali. Others are Namibia, Nigeria, Rwanda, Senegal, Somaliland, South Africa, Sudan, Uganda, Western Sahara, Zambia, and Zimbabwe. Thirty-two states relatively free from separatist activities are Benin, Botswana, Burkina Faso, Burundi, Cabo Verde, Chad, Côte d’Ivoire, Djibouti, Egypt, Eritrea, Eswatini (formerly Swaziland), Gabon, The Gambia, Guinea-Bissau, Kenya, and Lesotho. Others are Liberia, Madagascar, Malawi, Mauritania, Mauritius, Morocco, Mozambique, Niger, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Sudan, Tanzania, Togo, and Tunisia. Because big states like Nigeria, Ethiopia, and the Democratic Republic of the Congo are loci of insurgency, overall, in aggregate land area, more countries have these separatist movements than lack them. 7 Philip C. Aka, “The Military, Globalization, and Human Rights in Africa,” New York Law School Journal of Human Rights, 18(3) (2002), 361, 388. See also Kelechi A. Kalu and George Klay Kieh, Jr., eds., Civil Wars in Africa (Lanham, MD: Lexington Books, 2022) (blaming the outbreak of these intrastate conflicts on the fact that many governments in postcolonial African states failed to build inclusive societies that cater to the political and socioeconomic needs of the citizenry, among other deficiencies and inadequacies). 8 The widespread-ness calls to mind the complaint in the Bible that the Prophet Habakkuk lodged to God: “O Lord, how long shall I cry for help, and you will not hear? Or cry to you ‘Violence!’ and you will not save? […] Destruction and violence are before me; there is strife, and conflict abounds.” Holy Bible, New International Version, Habakkuk 1:1–2. 9 Yonah Alexander and Robert A. Friedlander, “Introduction,” in Self-Determination: National, Regional, and Global Dimensions, eds. Yonah Alexander and Robert A. Friedlander (London and New York: Routledge, 2019 [1980]), xiv. 10 See African Union, “Member States,” https://au.int/en/member_states/countrypr ofiles2 (broken down into 15 states in West Africa, 14 states in East Africa, 10 states in Southern Africa, 9 states in Central Africa, and 7 states in North Africa). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 7 Testament to the rifeness of conflict and violence in Africa is a crisis of homelessness signified by refugeehood.11 About 30 million people, representing one-third of the world’s refugee population, including internally displaced persons seeking asylum, are from Africa12 ; about 18 million of these homeless persons come from sub-Saharan Africa alone.13 Africa is also the world region where droves of youth flee from in search of the greener pastures of better economic futures abroad that they cannot find in their birth countries.14 This speaks volumes for a continent preeminently rich in natural resources, including arable land, water, oil and natural gas, minerals, forests, and wildlife.15 There are studies on conflict resolution in Africa that point to a “secessionist deficit,” evident in a supposed agreement to “stick together.”16 However, the reality on the ground is a rifeness of conflicts in postcolonial Africa, many due to struggles for self-determination arrayed against claims to sovereignty, anchored on territorial integrity, by a remote central government in state after state. Upon closer examination, some aspects of the secessionist deficit thesis lack plausibility. Take the proposition of Englebert and Hummel to the effect that Africa has experienced relatively 11 See generally Toyin Falola and Olajumoke Yacob-Haliso, African Refugees (Bloomington, IN: Indiana University Press, 2023). 12 See UNHCR USA, “Africa,” https://www.unhcr.org/en-us/africa.html#:~:text=Aro und%2030%20million%20internally%20displaced,of%20the%20world’s%20refugee%20popu lation. 13 Aderanti Adepoju, “Migration Dynamics, Refugees[,] and Internally Displaced Persons in Africa,” United Nations, https://www.un.org/en/academic-impact/migrat ion-dynamics-refugees-and-internally-displaced-persons-africa#:~:text=According%20to% 20the%20United%20Nations,Nigeria%2C%20South%20Sudan%20and%20Burundi. 14 See UNICEF, Harrowing Journeys (New York: UNICEF, September 2017), https://www.unicef.org/media/49046/file/Harrowing_Journeys_Children_and_youth_ on_the_move_across_the_Mediterranean-ENG.pdf. 15 See UN Environment Program, “Our Work in Africa,” https://www.unep.org/reg ions/africa/our-work-africa#:~:text=The%20continent%20has%2040%20percent,internal% 20renewable%20fresh%20water%20source (elaborating that Africa is home to a huge proportion of the world’s renewable and non-renewal natural resources, including 65 percent of arable lands, about 30 percent of mineral reserves, 8 percent of natural gas, 12 percent of oil reserves, 40 percent of gold, about 90 percent of chromium and platinum, the largest reserves of cobalt, diamonds, platinum, and uranium, as well as 10 percent of internal renewable fresh water source). 16 See Pierre Englebert and Rebecca Hummel, “Let’s Stick Together: Understanding Africa’s Secessionist Deficit,” African Affairs, 104(416) (July 2005), 399–427 (commenting on a “secessionist deficit” in postcolonial Africa). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 8 P. C. AKA fewer secessionist conflicts than other world regions, even though it is otherwise plagued with political violence and its countries tend to display a higher prevalence of the factors usually associated with separatism.17 The statement is a contradictory proposition that ties into separatism, rather than rules it out.18 Significances of the Book Three significances of this book are its statement delineating the troublesome tension between sovereignty and self-determination in Africa that it tackles, its comments on statecraft in Africa and contradictory messages from especially global institutions bearing on the tension, and the contribution that it makes to the debate against absolutizing sovereignty in Africa. Two other highpoints, on grounds of their importance, listed here as significances, are a caveat to the effect that identifying the tension between sovereignty and self-determination that the book makes does not by itself exhaust the merit of the work, and a juxtaposition of the three countries under examination in the study on a set of key indicators, many of which are used as reference points in subsequent chapters of the book. Troublesome Tension This book tackles a troublesome issue at the intersection of sovereignty, self-determination, International Law, Constitutional Law, and conflict resolution in Africa. The issue revolves around the tension that exists in postcolonial Africa between sovereignty, á la claim of territorial integrity by a central government, on the one hand, and oppressed or marginalized 17 See ibid. 18 The postulation of a secessionist deficit in the face of the widespread insurgencies that postcolonial Africa confronts calls to mind the wisdom of the New York Times commentator, David Leonhardt, building on the aphorism of the American astronomist and planetary scientist, Carl Sagan (1934–1996), to the effect that “absence of evidence is not evidence of absence.” David Leonhardt, “The Phone in the Room,” New York Times, The Morning (February 27, 2023). According to Leonhardt, decision makers faced with life-and-death situations must make real-life judgments that academic studies subsequently unambiguously validate. For given the reality that some questions do not lend themselves easily to elegant experiments, making decisions based on the totality of available evidence is better than dependence on correlations of artificial experiments. Ibid. Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 9 groups impacted by such claim who seek to exercise the right to selfdetermination on the other hand.19 The tension has skewed the balance between the two complementary doctrines of International Law to the point of enervation, evisceration, and near-negation of the right to selfdetermination. Thus, a challenge the international community faces today, one no less pressing and momentous in International Relations as to “why nations go to war,”20 is how to redress the perpetuated imbalance in statecraft pertaining to the two complementary doctrines of International Law in many countries in postcolonial Africa. Using three countries from three key subregions of Africa, all scenes of active conflict, as window into the world, this book outlines proposals embedded in conflict resolution for redressing the tension between the two doctrines. The three countries mapped out for microscopic attention are Ethiopia from East Africa, Nigeria from West Africa, and Cameroon, straddling West Africa and Central Africa.21 Because it is the fountainhead for the securement and enjoyment of individual or personal rights, the right to self-determination arguably ranks as the mother of all human rights.22 Yet, in state after state in 19 Tension means a state of imbalance or latent disagreement between two phenomena. See “Tension,” Merriam-Webster Dictionary. Indicators of this tension are elaborated in Chapter 2 devoted to conceptual framework. 20 See John G. Stoessinger, Why Nations Go to War, 10th Ed. (Boston, MA: Cengage Learning, 2007). See also Luc Reychler, “Challenges of Peace Research,” International Journal of Peace Studies, 11(1) (Spring/Summer 2006), 1–16 (“Since the end of the Second World War, many scholars have been engaged in the study of war and peace”). The expression “international community” is elaborated in Chapter 7 which sets forth proposals for ameliorating the tension between sovereignty and self-determination. 21 For a selection of works on the geopolitical importance of the three subregions, see, for East Africa: Christian Jennings, “Eastern Africa: Regional Survey,” in Encyclopedia of African History, ed. Kevin Shillington (Chicago, IL: Fitzroy Dearborn, 2005), 649– 659; and Sandra Fullerton Joireman, Institutional Change in the Horn of Africa (Irvine, CA: Universal Publishers, 1997); West Africa: Eleanor Scerri, The Stone Age Archaeology of West Africa (New York: Oxford University Press, 2017); Emmanuel Kwaku Akyeampong, Themes in West Africa’s History (Oxford, UK: James Currey Publishers, 2006); and Anthony G. Hopkins, An Economic History of West Africa (New York: Columbia University Press, 1973); and Central Africa: Economic Community of Central African States (ECCAS), https://web.archive.org/web/20071214034859/http://www. africa-union.org/root/au/recs/eccas.htm. 22 See Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New Century,” note 6, 205–206 (“[T]o promote human rights and reduce conflicts in Africa in the new century, attention needs to be paid to both individual and group rights Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 10 P. C. AKA postcolonial Africa, the attempt to use this right is frustrated by insecure governments which invoke the mantra of territorial integrity, replete with negative ramifications for the enjoyment of the corresponding right to self-determination. This creates avoidable dilemmas, such as scenarios where ethnic groups “utilize self-determination to escape oppressive colonial regimes[,] but must live with subsequent, homespun, oppression.”23 These scenarios raise questions regarding the extent to which domestic autonomy sufficiently guarantees the rights of minority groups.24 Because self-determination is a critical genre of human rights, invocation by a central government of sovereignty—and its corollary of territorial integrity—rings thin in the face of egregious and systematic violations of the human rights of a group. Statecraft in Africa and Contradictory Messages from Global Institutions A second significance of this book relates to its comment on statecraft in Africa and contradictory messages from especially global institutions bearing on the tension between sovereignty and self-determination in Africa. It is necessary that we pause here to explain the accent on global institutions. That explanation takes the form that, although the African Union (AU) (formerly the Organization of African Unity, OAU), an association of independent African states, arguably ranks among those and due recognition given to the relationship between the two rights. Group rights need attention in the continent because […] abusive state policies put groups at risk […]. Proper attention to human rights in the continent requires that the two rights go together […]. No strategy for human rights promotion in the continent will succeed that does not pay strong attention to group rights” like the right to self-determination). See also UN Department of Economic and Social Affairs, State of the World’s Indigenous Peoples, No. ST/ESA/328 (New York: United Nations), 192 (“Charter VI: Human Rights”), https://www.un.org/esa/socdev/unpfii/documents/SOWIP/en/SOWIP_web. pdf (“Human rights and fundamental freedoms can only exist truly and fully when selfdetermination also exists”; “[s]uch is the fundamental importance of self-determination as a human right and a prerequisite for the enjoyment of all the other rights and freedoms”). 23 Joshua Dilk, “Reevaluating Self-Determination in a Post-Colonial World,” Buffalo Human Rights Law Review, 16 (2010), 289, 300. 24 See Duncan French, ed., Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law (New York: Cambridge University Press, 2013). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 11 institutions, as an intergovernmental entity, the AU follows UN leadership on many key issues of international relations, an occurrence which renders its role secondary. The disharmony between the two complementary doctrines of International Law taking place in Africa arises because of statecraft domestically in African states and inconsistent application of the right to self-determination in global institutions.25 Inconsistent application is where the UN comes in. Time and again, messages emanating from the organization privilege sovereignty-cum-territorial integrity over selfdetermination. During the Nigerian civil war, elaborated upon in the case study on Nigeria in Chapter 4, the UN took the position that selfdetermination is only applicable to the entire population of a State, not a section of it.26 UN Secretariat insists the door to future statehood remains open, yet maintains that “if every ethnic, religious or linguistic group claimed statehood, there would be no limit to fragmentation, and peace, security and economic well-being for all would become ever more difficult to achieve.”27 Preceding this statement, the International Court of Justice (ICJ or World Court), a key UN organ, ruled, in a border dispute between Burkina Faso and Mali, that the “obvious purpose” of uti possidetis juris, the principle mandating maintenance of artificial colonial boundaries,28 “is to prevent the independence and stability of new states being endangered by fratricidal struggles provoked by the changing of frontiers following the withdrawal of the administering power.”29 Rather than break “the cycle of warfare and degradation that plague[d]” postcolonial Africa,30 the ready defense of territorial integrity 25 Chapter 7, containing blueprints for ameliorating the tension between sovereignty and self-determination, sheds more light on this line of argument. 26 Dilk, note 23, p. 301. 27 Language of then UN Secretary-General Boutros-Boutros Ghali, in “The SecretaryGeneral, An Agenda for Peace: Preventive Diplomacy, Peacemaking, and Peace-Keeping,” Delivered to the Security Council and the General Assembly, U.N. Doc. A/47/277, S/ 241 11 (June 17, 1992), 17. 28 Malcom N. Shaw, “The Heritage of States: The Principle of Uti Possidetis Juris Today,” British Year Book of International Law, 67 (1996), 75, 97 (defining uti possidetis juris as meaning that “new States will come to independence with the same boundaries that they had when they were administrative units within the territory or territories of a colonial power”). 29 The Frontier Dispute Case (Burkina Faso v. Mali), I.C.J. 544 (December 22, 1986). 30 Dilk, note 23, p. 289. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 12 P. C. AKA in the guise of sovereignty has, instead, created “disaster across [the region] in the form of corrupt authoritarian regimes, genocide, starvation, and the continuance of the same basic failures of human existence,” reminiscent of the colonial era.31 Groups who need the protection of self-determination do not have “to choose the certainty of post-selfdetermination confusion and conflict over the other equally unpalatable option of doing nothing at all.”32 In its denouement in postcolonial Africa, International Law prohibits states from undermining the territorial integrity of fellow states, but where a secessionist movement is successful, International Law grudgingly accepts it.33 Paradoxically, this perpetuated abridgment of the right to self-determination takes place in an Information Age where, enduring human rights atrocities at home that in some cases include genocide, proponents of the right to self-determination hold themselves out as nations who deserve to use the tool that right affords to determine their political fate.34 In sum, although “the potential for splitting is highest in” postcolonial Africa, statecraft in the region remains “most firmly [stuck] against secession.”35 Because it is still imbued with the baggage of “attitudes and strategies toward self-determination that were developed before and during the Cold War,” the international community has not responded 31 Ibid., p. 290. 32 Ibid., p. 291. 33 Alex de Waal and Sarah M.H. Nouwen, “The Necessary Indeterminacy of Self- Determination: Politics, Law and Conflict in the Horn of Africa,” Nations and Nationalism, 27 (2021), 41, 47. 34 See Patricia Carley, Self-Determination: Sovereignty, Territorial Integrity, and the Right to Secession, Report from a Roundtable Held in Conjunction with the U.S. Department of State’s Policy Planning Staff (Washington, DC: US Institute of Peace, March 1, 1996), ix, https://www.usip.org/sites/default/files/pwks7.pdf. (In the era of the Information Age, “peoples around the globe have an increased awareness of the state system’s seemingly permanent configuration and of their place in it. Some of these groups […], are now seeking to exercise what they see as their right to self-determination, which they assume includes the right to independent statehood”). On the Information Age and Society, see, for example, Frank Webster, Theories of the Information Society, 3d. Ed. (London and New York: Routledge, 2006), 8–32, 263–273 (sections devoted to the Information Society); and James R. Beniger, The Control Revolution: Technological and Economic Origins of the Information Society (Cambridge, MA, and London, UK: Harvard University Press, 1986). 35 Crawford Young, Politics in the Congo: Decolonization and Independence (Princeton, NJ: Princeton University Press, 1965), 82. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 13 effectively, expeditiously, and innovatively to contemporary claims to selfdetermination.36 A dilemma of modern international relations theory and diplomacy, nothing of its kind before now, that Africa confronts is how to harmonize the imbalance between sovereignty and self-determination. Given the interdependent world we live in, the problem raises the question for the international community regarding at what point the negative consequences of absolutizing sovereignty outweighs any potential benefits,37 as well as for a more efficient and painless way—propounded by this study—around the dilemma. Debate Against Absolutizing Sovereignty A third significance of this book lies in its contribution to the literature on conflict resolution in Africa in the post-Cold War period,38 anchored on the debate against the absolutization of sovereignty in postcolonial Africa.39 To the minimization or near-exclusion of other social forces in society, many regimes in postcolonial Africa hold themselves out as the state40 ; little different from the colonial regimes of the past, they have constituted themselves into “an apparatus of violence,” who 36 Wolfgang Danspeckgruber and Anne-Marie Gardner, “Self-Determination,” Encyclopedia Princetoniensis, https://pesd.princeton.edu/node/656. 37 See Dilk, note 23, p. 304. 38 Philip C. Aka, “Human Rights as Conflict Resolution in Africa in the New Century,” note 6, pp. 179–209 (2003). 39 See, for example, Francis M. Deng et al., Sovereignty as Responsibility: Conflict Management in Africa (Washington, DC: Brookings Institution Press, 1996), 1–33 (mapping out the “Normative Framework of Sovereignty”). An imagery that springs to mind is King Louis XIV of France who, in an address to the French Parliament on April 13, 1655, declared “I am the state.” Achyut Wagle, “I am the State,” The Kathmandu Post (Kathmandu, Nepal) (May 8, 2017), https://kathmandupost.com/opinion/2017/ 05/08/i-am-the-state. 40 Social forces are “any human created ways of doing things that influence, pressure, or force people to behave, interact with others, and think in specified ways.” “Social Forces,” Sociology Guide, https://www.sociologyguide.com/socio-short-notes/soc ial-force.php. They are elements within a society capable of changing the direction of that society. John Spacey, “[Forty-Five] Examples of Social Forces,” Simplicable (April 18, 2022), https://simplicable.com/en/social-forces. Examples of these forces include the educational system, families, and organizations like the media, firms, markets, industries, and technology, especially entities not controlled by the government. See ibid. Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 14 P. C. AKA rely on “compliance [embedded in] coercion rather than authority.”41 Because action begets reaction, this occurrence coincides with arguments for the tie of sovereignty with responsibility, specifically, as Francis M. Deng posited, ability “to perform the tasks expected of an effective government,” vis-à-vis the needs of its citizens: Sovereignty is not merely the right to be undisturbed from without, but the responsibility to perform the tasks expected of an effective government [...]. The obligation of the state to preserve life-sustaining standards for its citizens must be recognized as a necessary condition of sovereignty [...]. The state has the right to conduct its activities undisturbed from the outside when it acts as the original agent to meet the needs of its citizens [...]. If the obligation is not performed, the right to inviolability should be regarded as lost […].42 Deng explained that a government should not claim sovereignty if it is not able to establish legitimacy by meeting minimal standards of good governance and responsibility for the security and general welfare of its citizens.43 The debate reached a high point in 1999, on the eve of the new century, with then UN Secretary-General Kofi Annan’s enunciation of a concept of two sovereignties. In the speech, Annan, the seventh Secretary-General of the UN and the first Black African to hold the position, matched state sovereignty against individual sovereignty.44 He defined “individual sovereignty” as “the fundamental freedom of each 41 Claude Ake, Democracy and Development in Africa (Washington, DC: Brookings Institution Press, 1996), 3. 42 Deng et al., note 39, p. xviii. 43 Francis M. Deng, “Reconciling Sovereignty with Responsibility: Basis for International Humanitarian Action,” in Africa in World Politics: The African State System in Flux, 3rd Ed., eds. John W. Harbeson and Donald Rothchild (Boulder, CO: Westview Press, 2000), 353, 357. 44 Kofi Annan, “Two Concepts of Sovereignty,” United Nations (September 18, 1999), https://www.un.org/sg/en/content/sg/articles/1999-09-18/two-conceptssovereignty. Boutros-Boutros Ghali (1922–2016), sixth Secretary-General of the UN from 1992 to 1996 was from Egypt, North Africa. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 15 individual, enshrined in the charter of the UN and subsequently international treaties,” instructively adding that individual sovereignty “has been enhanced by a renewed and spreading consciousness of individual rights,” such that “[w]hen we read the charter today, we are more than ever conscious that its aim is to protect individual human beings, not to protect those who abuse them.”45 Consistent with this repositioning of individual sovereignty, Annan posited that state sovereignty, “in its most basic sense, is being redefined,” such that “[s]tates are now widely understood to be instruments at the service of their peoples, and not vice versa.”46 In the light of this sovereignty-as-responsibility redefinition, given the numerous challenges of the modern era that humanity faces, Annan urged states to embrace a broader definition of their national interests, one which induces them “to find greater unity in the pursuit of common goals and values,” specifically collective interest as national interest.47 Comprehensive examination of the doctrine of self-determination, including its “new role and meaning in the emerging global system” is an idea whose time has come.48 This book is designed as a less contentious contribution in the search for a harmonious relationship between sovereignty and self-determination in postcolonial Africa, in an era of democratic decline in the region, in the wake of the COVID19 pandemic.49 It is a response to clarion calls for new approaches for comprehending the contours of post-Cold War international politics, including the role of the international community, amidst lingering 45 Annan, note 44. 46 Ibid. 47 Ibid. 48 Danspeckgruber and Gardner, note 36. 49 See Peter Mwai, “Gabon Coup: The Latest in a Series of Military Takeovers on the Continent,” BBC News (August 30, 2023), https://www.bbc.com/news/world-afr ica-46783600; Nana Amoateng, Military Coups in Africa: A Continuation of Politics by Other Means?” Accord (August 19, 2022), https://www.accord.org.za/conflict-tre nds/military-coups-in-africa-a-continuation-of-politics-by-other-means/; and John Campbell and Nolan Smith, “What’s Happening to Democracy in Africa,” Council on Foreign Relations (May 26, 2021), https://www.cfr.org/article/whats-happening-democr acy-africa (counting Ethiopia and Nigeria among countries where the relapse in democracy is taking place). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 16 P. C. AKA barriers that impede legitimate exercise of the right to self-determination in postcolonial Africa, that some commentators analogize to underdevelopment of the doctrine in this world region50 ; and enlightened statecraft in African states, joined with equally enlightened techniques of implementation globally, designed to address the constraints that impede enjoyment of this group human right. Juxtaposing the Three Countries on a Set of Key Indicators A fourth mark of importance from which this work draws its significance lies in the juxtaposition here of the three countries under examination, Ethiopia, Nigeria, and Cameroon, on a set of key indicators referred to repeatedly, as a baseline, in subsequent chapters of the book, including Chapters 3–5 which provide extensive treatments on the trio. Table 1.1 juxtaposes the countries on selected indicators embedded in the intersection of sovereignty, self-determination, constitutional law, and conflict resolution at the heart of this book. The information anticipates the more detailed material on each country presented in Chapters 3–5. Contrary to the popular adage, few things speak for themselves. Therefore, in no order, the ranking of the countries on some of the indicators need brief elaboration. The first indicator relates to date of independence. Although Ethiopia is broadly listed as never colonized, the country came under colonial rule by Italy from 1935 until 1941.51 Such was the overriding influence of European rule on African lives that, save perhaps for Liberia, no African 50 See M. Ya’Kub Aiyub Kadir, “Application of the Law of Self-Determination in a Postcolonial Context: A Guideline,” Journal of East Asia and International Law, 9(1) (May 2016), 7–8. 51 See Alberto Sbacchi, Legacy of Bitterness: Ethiopia and Fascist Italy, 1935–1941 (Lawrenceville, NJ: Red Sea Press, 1997). Download Complete Ebook By email at etutorsource@gmail.com Date of independence Population (estimate as of 2022) Population growth rate (estimate as of 2022) Area (including land and water) 1. 2. 3. Over 29 m 2.75 percent Over 225 m54 2.53 percent 923,768 sq. km 1,104,300 sq. km55 (continued) 475,440 sq. km Jan. 1, 1960 Cameroon Oct. 1, 1960 Nigeria June 26, 1945 (never colonized)52 Approx. 114 m53 2.46 percent Ethiopia ARGUMENT CIA World Factbook, note 51. 55 The figure for Ethiopia is an estimate, given that a large portion of the country’s border with Somalia is undefined. “Ethiopia,” fourth most-populous country after China, India, and the US, see “Nigeria,” CIA World Factbook (Last updated February 21, 2023), if it remains together then as one country. 1 54 Based on its demographic profile, Nigeria is projected to hit a population mark of 392 million by 2050, making it the world’s ronmental degradation, and raising vulnerability to food shortages.” “Ethiopia,” CIA World Factbook, note 51 (“Demographic Profile”). 53 CIA data point up that “Ethiopia’s rapid population growth is putting increasing pressure on land resources, expanding envi- of the UN in San Francisco in 1945,” Africa Renewal (October 28, 2020), https://www.un.org/africarenewal/magazine/october2020/africa-countries-founding-un-san-francisco-1945. Ethiopia is one of four countries in Africa who were founding members of the UN. The other three are Egypt, Liberia, and South Africa. Ibid. Ethiopia is the oldest independent country in Africa and one of the oldest in the world, with a history of uninterrupted existence that goes back at least 2000 years. See “Ethiopia,” CIA World Factbook (Last updated February 21, 2023). 52 That was the date Ethiopia was admitted to the United Nations. See Frank Kuwonu, “Four African Countries at the Founding 4. Selected indicator Item no. Table 1.1 Juxtaposition of the three countries on selected indicators embedded in the intersection of sovereignty, self-determination, constitutional law, and conflict resolution Download Complete Ebook By email at etutorsource@gmail.com 17 Download Complete Ebook By email at etutorsource@gmail.com Comparison Three largest ethnic groups Mainstay of the economy Type of government Legal system 5. 6. 7. 8. 9. Federal parliamentary republic Civil law Agriculture Oromo, Amhara, and Somali56 Slightly less than twice the size of TX in the US Ethiopia Mixture of English common law, Islamic law,59 and customary law Petroleum products (crude oil) Federal presidential republic Six times the size of GA or slightly more than twice the size of CA in the US Hausa-Fulani, Igbo, and Yoruba57 Nigeria Unitary presidential republic Mixture of English common law, French civil law, and customary law Slightly larger than CA or about 4 times the size of PA in the US Bamileke-Bamu; Beti/ Bassa, Mbam; and Biu-Mandara58 Agriculture Cameroon Watch, “’Political Shari’a?’: Human Rights and Islamic Law in Northern Nigeria” (September 21, 2004), https://www.hrw.org/rep ort/2004/09/21/political-sharia/human-rights-and-islamic-law-northern-nigeria. The twelve states, in alphabetical order (not order of adoption), are Bauchi, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Niger, Sokoto, Yobe, and Zamfara. See Human Rights Watch, “The Extension of Shari’a to Criminal Law in Nigeria” (2004), https://www.hrw.org/reports/2004/nigeria0904/4. htm#:~:text=By%202002%2C%20twelve%20states%20had,jurisdiction%20to%20try%20criminal%20cases. 59 Since 2000, twelve states in northern Nigeria have adopted Islamic law as their constitutional and legal codes. See Human Rights Factbook, note 53. 58 Based on CIA estimate as of 2018, these three ethnic groups made up 60.5 percent of the population. See “Cameroon,” CIA World Factbook (Last updated February 10, 2023). 57 Based on CIA estimate as of 2018, these three ethnic groups made up 66.7 percent of the population. See “Nigeria,” CIA World 56 Based on CIA estimate as of 2022, the three ethnic groups made up 67.1 percent of the population. See ibid. Selected indicator (continued) 18 Item no. Table 1.1 Download Complete Ebook By email at etutorsource@gmail.com P. C. AKA Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. 18. 17. 16. 15. 14. 13. 12. Labor force (estimate as of 2021) Labor force by occupation in percentage 10. 11. Ethiopia 56,664 m 72.7 agric., 7.4 industry, and 19.9 services (estimate as of 2013) Rate of unemployment (estimate as 3.6 percent of 2021) Rate of youth unemployment 5.7 percent (15–24 years, male and female combined) (estimate as of 2021) Share of population below poverty 23.5 percent (estimate as line of 2015) Real GDP per capita estimate as of $2,300 2021 (in US dollars in 2017) Life expectancy at birth (male and 68 years female combined) (estimate as of 2022) Literacy (male and female 15 and Approx. 51.8 percent (as above who can read and write) of 2017) Education expenditures (share of 4.5 percent (estimate as of GDP) 2019) Selected indicator Item no. 0.5 percent (as of 2013) 62 percent (as of 2018) Over 61 years 40.1 percent (estimate as of 2018) $4,900 19.6 percent 9.79 percent 65.116 m 70 agric., 10 industry, and 20 services (estimate as of 1999) Nigeria (continued) Over 71 percent (as of 2018) 3.2 percent (estimate as of 2020) Over 63 years 37.5 percent (estimate as of 2014) $3,700 6.6 percent 11.81 m 70 agric., 13 industry, and 17 services (estimate as of 2001) 3.87 percent Cameroon Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 19 Download Complete Ebook By email at etutorsource@gmail.com Health expenditures (share of GDP as of 2020) Military expenditures (estimate as of 2021) Portion of population using the Internet (estimate as of 2020) Refugee population Internally displaced persons (IDPs) 19. 23. 874,909 (as of 2022 and 2023)60 2.72 million (as of 2022) 24 percent 0.5 percent 3.8 percent Ethiopia 983,281 (as of 2022) 471,340 (as of 2022)62 86,731 (as of 2022)61 3.12 million (as of 2023) 38 percent 1 percent 3.5 percent Cameroon 36 percent 0.7 percent 3.4 percent Nigeria 62 The figure breaks down into 124,651 refugees from Nigeria, and 346,689 from Central African Republic. “Cameroon,” CIA World Factbook, note 57. World Factbook, note 51. The remainder were from South Sudan. and Somalia in 2003, 410,727 from South Sudan, and 252,496 from Somalia. Ibid. 61 These refugees came from Cameroon. “Nigeria,” CIA World Factbook, note 53. 60 Of the number, 211,686 came from Eritrea and Sudan in 2022, 162,993 from Eritrea and 48,693 from Sudan. “Ethiopia,” CIA Sources “Ethiopia,” CIA World Factbook (Last updated February 21, 2023); “Nigeria,” CIA World Factbook (Last updated February 21, 2023); “Cameroon,” CIA World Factbook (Last updated February 10, 2023); “Economy of Nigeria,” Britannica; WWF, “WWF Cameroon Strategic Vision on Food and Agriculture,” https://cameroon.panda.org/our_work/food_and_agriculture/#:~:text=Agriculture%20is%20the%20mainstay%20ofcontribution% 20to%20the%20country’s%20GDP; and USAID, “Agriculture and Food Security,” https://www.usaid.gov/ethiopia/agriculture-and-food-security#:~: text=Ethiopia’s%20economy%20is%20dependent%20on,farms%20are%20below%20regional%20averages 22. 21. 20. Selected indicator (continued) 20 Item no. Table 1.1 Download Complete Ebook By email at etutorsource@gmail.com P. C. AKA Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 21 country escaped the experience.63 In this sense, the reference to postcolonial Africa in this book applies no less to Ethiopia than it does to the two other countries on our study list. Still on this indicator, both Nigeria and Cameroon became independent in 1960, the famed “Year of Africa” when seventeen African countries achieved independence from European colonial rule.64 In 1961, eighteen other countries followed suit, with thirteen others doing so by the end of the 1960s.65 The second indicator pertains to the rapid growth of population in each of the three countries, more 63 Although Liberia was founded in 1847, long before the Berlin Conference (1883– 1885), the US held a colony in the country. See US Department of State, Office of the Historian, “Founding of Liberia, 1847,” https://history.state.gov/milestones/18301860/liberia#:~:text=In%201816%2C%20a%20group%20of,the%20world%20at%20that% 20time. The colonization of the country originated in 1816, when “a group of white Americans founded the American Colonization Society (ACS) to deal with the ‘problem’ of the growing number of free blacks in the United States by resettling them in Africa,” making Liberia “the second (after Haiti) black republic in the world at that time.” Ibid. In short, the creation of Liberia as US colony “was motivated by the domestic politics of slavery and race in the United States as well as by U.S. foreign policy interests.” Ibid. Moving forward, although the US did not acquire colonies from its participation in the Berlin Conference from November 1884 to February 1885, nonetheless, its role was not that of a disinterested observer. Instead, the US sought to protect perceived actual and potential interests in Africa. For one thing, the US helped validate the claims of King Leopold II of Belgium on the Congo. G. Macharia Munene, “The United States and the Berlin Conference on the Partition of Africa, 1884–1885,” Transafrican Journal of History, 19 (1990), 73–79, http://www.jstor.org/stable/24328676 (abstract). 64 Katherine Everett et al., “The Year of Africa,” Origins (Ohio State University) (December 2020), https://origins.osu.edu/article/year-of-africa-1960-rumba-pan-afr icanism-Kariba?language_content_entity=en#:~:text=The%20year%201960%20is%20know n,the%20global%20process%20of%20decolonization. The seventeen, in order of their independences, are Cameroon on January 1 from France, Togo on January 27 from France, Madagascar on June 26 from France, Democratic Republic of the Congo (later Zaire) on June 30 from Belgium, Somalia on July 1 from Britain, Benin on August 1 from France, Niger on August 3 from France, Upper Volta (later Burkina Faso) on August 5 from France, Ivory Coast (later Côte d’Ivoire) on August 7 from France, and Chad on August 11 from France. “1960: The Year of Independence,” France 24 (February 16, 2010), https://www.france24.com/en/20100214-1960-year-indepe ndence. Others are Central African Republic on August 13 from France, Republic of the Congo on August 15 from France, Gabon on August 17 from France, Senegal on August 20 from France, Mali on September 22 from France, Nigeria on October 1 from Britain, and Mauritania on November 28 from France. Ibid. 65 Everett et al., note 64. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 22 P. C. AKA so Nigeria and Ethiopia, within economic systems largely steeped in agriculture in a postindustrial age,66 with negative ramifications for provision of social services like education and healthcare.67 In all three countries, these services are currently minimally funded, with large swathes of the population living below poverty line, more so for Nigeria, for all its vast human and material resources, compared to the other two. The third pertains to the governmental system. Although Ethiopia and Nigeria are both federal republics, Ethiopia has a parliamentary system of government while Nigeria has a presidential system, like the US from which it copied its presidentialism on a federal system whose introduction predated the country’s independence in 1960. Like these two countries, Cameroon has a presidential system that, unlike its two counterparts, is embedded in a unitary republic. As the discussions on the constitutional arrangements in these countries make clear, these differences in governmental systems have ramifications for the legitimate exercise and enjoyment of the human right to self-determination by citizens. Ethiopia’s federalism is still steep in infancy, Nigerian federalism is still mostly so in name, and Cameroon superimposes a presidential system of government in a unitary format shorn of the decentralized structure in France, from which it borrowed its governmental model. We will return to these differences in governmental system and their significations related to power devolution at more length in Chapter 6 dealing with the object lessons from the case studies. 66 Understanding a postindustrial society requires us to break a modern economy into agriculture, industry (or industrialization), and services. A postindustrial society would be one where the economy has moved successfully from agriculture and industrialization toward mostly services. Examples of these societies would be the US and Japan. See Ashley Crossman, “Post-Industrial Society in Sociology,” ThoughtCo (Updated May 30, 2019), https://www.thoughtco.com/post-industrial-society-3026457. Nigeria’s economy is still in the non-postindustrial mode since it simply replaced its economy at independence embedded in agriculture with one based on export of crude oil into the world market. See Philip C. Aka and Joseph Abiodun Balogun, Healthcare and Economic Restructuring: Nigeria in Comparative Perspective (Gateway East, Singapore: Palgrave Macmillan, 2022), 40–41. 67 See Philip C. Aka et al., The Political Economy of Universal Healthcare in Africa: Evidence from Ghana (London and New York: Routledge, 2022), 92–93 (“Rapid Population Growth Inconsonant with Supply of Healthcare Services”) (quoting the wisdom of one Nigerian demographer to the effect that “If you don’t take care of population, schools can’t cope, hospitals can’t cope, there’s not enough housing—there’s nothing you can do to have economic development”). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 23 The fourth and last relates to the campaign for self-determination. The low spending on defense for all three countries is beside the point since African law enforcement personnel need much less competence to suppress dissent, including campaigns for self-determination, within their mostly impoverished populace than they need to secure their borders and maintain a semblance of domestic tranquility. In this respect, under the circumstances, a more reliable indicator is the large number of refugees and internally displaced persons in each country. Caveat: Identification of the Tension Between Sovereignty and Self-Determination Does Not by Itself Exhaust the Merit of This Book Although important, identification of the tension between sovereignty and self-determination in Africa that this book embodies does not by itself exhaust the message of the work or its merit. Since the fall of the Berlin Wall in 1989, signifying the end of the Cold War between the worlds of capitalism and socialism with the developing world straddled in-between the two opposing political and ideological systems,68 forty territories have gained independent statehood, each of which has been admitted into UN membership (see Appendix B at the end of this chapter). Of the number, only 3, namely, Namibia, Eritrea, and South Sudan, representing 7.5 percent of the total, came from Africa. Each of the new African states came after arduous and bloody struggles for self-determination, some like Eritrea and South Sudan, raging for one whole generation and beyond, leaving the unmistakable impression that, compared to other world regions, peaceful, nonviolent, campaigns for self-determination are practically impossible in Africa. Put differently, self-determination struggles in the world generally end nonviolently—except in Africa, where it is practically impossible to move borders without wars. For the region, even under a new world order 68 The Berlin Wall, in place from August 13, 1961, to November 9, 1989 was “one of the most powerful and enduring symbols” of the Cold War between East and West. “Berlin Wall,” History (Updated March 3, 2021), https://www.history.com/topics/ cold-war/berlin-wall#:~:text=at%20high%20speeds.-,The%20Berlin%20Wall%3A%20The% 20Fall%20of%20the%20Wall,to%20cross%20the%20country’s%20borders. For more on the Cold War, see notes 4–5 and accompanying texts. Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 24 P. C. AKA relatively shorn of the ideological rivalry between East and West, International Law prohibits states from undermining the territorial integrity of fellow states, only to reluctantly accept it where a secessionist struggle is successful.69 In a world still dominated by Whites, the whole atmosphere smacks of racism in international relations under the new world order after World War II embedded in the UN.70 An interlocuter could respond that Africa already has many states. The answer to such criticism is that Africa is the second-largest continent in 69 See note 33 and accompanying text. 70 Somdeep Sen, “Race, Racism, and the Teaching of International Relations,” International Studies (January 28, 2022), https://doi.org/10.1093/acrefore/9780190846626. 013.666; Kelebogile Zvobgo and Meredith Loken, “Why Race Matters in International Relations,” Foreign Policy (June 19, 2020), https://foreignpolicy.com/2020/06/19/ why-race-matters-international-relations-ir/ (arguing that the time has come to change the atmosphere of Western dominance and white privilege that permeates the International Relations field); and Alexander Anievas et al., eds., Race and Racism in International Relations: Confronting the Global Color Line (London: Routledge, 2014) (seeking to position International Relations as an intellectual and strategic tool through which to confront the global color line, by articulating the central importance of race and racism in the field, thereby repairing the failure of International Relations to grant race and racism explanatory agency in its conventional analyses). Going beyond theory, commentaries abound about the inherently “racist character of the contemporary international system,” indicated by multiple issues, such as “the deeply unjust historical foundations of the present system,” economic disparity between the industrialized North and the developing South, responses to humanitarian suffering, and refugees, among others. Katie Lockwood, “Is the International System Racist?” E-International Relations (March 3, 2019), https://www. e-ir.info/2019/03/03/is-the-international-system-racist; and Tilden J. Le Melle, “Race in International Relations,” International Studies Perspectives, 10(77–83) (2009) (arguing that, for all the important changes that have taken place in world politics, including the emergence of China and India, two non-European countries, as major powers, “[t]he international system remains still a white dominant racially stratified system”). Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 25 the world, next after Asia.71 Next also to Asia, it is populous.72 Moreover, for the most part, states in the region are artificial countries, with boundaries not guided by natural features, created by European powers, who met at the Berlin Conference in Germany (1884–1885) to harmonize their “scramble for Africa.”73 Following its formation in May 1963, the then OAU committed itself to respect boundaries drawn arbitrarily by European colonial overlords.74 Yet, there is no major state in Africa since decolonization that does not enclose within its borders a disgruntled minority with a complaint of exclusion that in some places goes beyond marginalization to include genocide.75 This is despite the stipulation in the African Charter on Human and Peoples’ Rights (1981) forbidding 71 Africa has a land area of 11.6 million square miles, compared to 17.2 million square miles for Asia. See Matt Rosenberg, “The [Seven] Continents Ranked by Size and Population,” ThoughtCo (Updated April 11, 2020), https://www.thoughtco.com/ continents-ranked-by-size-and-population-4163436. Comparatively, the continent has an area more than three times that of the US. “Continent,” National Geographic, https:// education.nationalgeographic.org/resource/Continent. To frame the comparison differently, Africa has enough land space to fit in the landmasses of China, the US, Europe, India, and Japan. Edward Paice, “By 2050, a Quarter of the World’s People Will Be African—This Will Shape Our Future,” Guardian (London) (January 20, 2022), https://www.theguardian.com/global-development/2022/jan/20/by-2050-a-qua rter-of-the-worlds-people-will-be-african-this-will-shape-our-future. 72 Africa is home to 1.3 billion people, versus 4.6 billion people for Asia. Rosenberg, note 71. 73 See Matt Rosenberg, “The Berlin Conference to Divide Africa,” ThoughtCo (Updated June 30, 2019), https://www.thoughtco.com/berlin-conference-1884-1885-divide-africa1433556. For more on the conference, see Chapter 2, notes 188–197 and accompanying texts. 74 See Organization of African Unity [OAU], Border Disputes Among African States, AHG/Res 16(I) (July 17–21, 1964). 75 See Sabelo J. Ndlovu-Gatsheni and Brilliant Mhlanga, eds., Bondage of Boundaries and Identity Politics in Postcolonial Africa (Pretoria, South Africa: Africa Institute of South Africa, 2013). See particularly, Eric George and Nazar Hilal, “Africa in Search of (In)security: Beyond the Bondage of Boundary,” 45–60; Aleksi Ylönen, “The State and the ‘Southern Problem’ in Sudan: Marginalization, Self-Determination[,] and Secession,” 130–147; Eric Ebola Elong, “The Anglophone Problem and the Secession Option in Cameroon,” 148–162; Frederick Kisekka-Ntale, “Colonialism, Postcolonial Violence[,] and Repression: Reflections on the Northern Question in Uganda,” 237–256; and Olayode Kehinde Olusola. “Sovereignty, Self-Determination[,] and the Challenge of Nation Building in Contemporary Africa,” 290–304. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 26 P. C. AKA “the domination of [one] people by another.”76 In short, argument about “secessionist deficit” in postcolonial Africa does not fly in the light of the groundswell of separatist activities in numerous countries, summarized in Appendix A, three of which states, identified above, we use in this book. The Kanu Saga from Nigeria as a Textbook Example of the Problem This Book Addresses On July 20, 2022, the United Nations Working Group on Arbitrary Detention (hereinafter the UN Working Group, Working Group, or Group) published a report pertaining to the disharmonious relationship between sovereignty and self-determination in present-day Africa at the heart of this book. The Group is an offspring—and offshoot—of the United Nations Human Rights Council, an intergovernmental agency tasked with responsibility for protecting and promoting human rights across the world.77 For its part, the UN Working Group investigates cases of arbitrary detention and other denials or abridgements of liberty, inconsistent with the international standards embedded in global human rights instruments.78 Among other roles, the Working Group also conducts field missions designed to better comprehend latent forces on the ground in 76 See African Charter on Human and Peoples’ Rights (Banjul Charter), Organization of African Unity (OAU), CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (June 27, 1981) [hereinafter Banjul Charter], art. 19, https://www.refworld.org/docid/3ae6b3630.html. 77 Formed in 1991 and headquartered in Geneva, Switzerland, before March 2006, the Human Rights Council used to be known as the Commission on Human Rights. The Council has 47 members elected for staggered three-year terms on a regional group basis, 13 from Africa, 13 from Asia-Pacific, 8 from Latin America and the Caribbean, 7 from Western Europe, and 6 from Eastern Europe. See Office of the UN High Commissioner for Human Rights, “Welcome to the Human Rights Council,” https://www.ohchr.org/ en/hr-bodies/hrc/about-council; and Office of the UN High Commissioner for Human Rights, “Membership of the Human Rights Council,” https://www.ohchr.org/en/hr-bod ies/hrc/membership. Based on the ordinary dictionary definition of the term, to protect human rights is to preserve or guarantee these rights, using formal or legal measures, to keep them safe from harm or injury. See “Protect,” Merriam-Webster Dictionary. Similarly, based on the ordinary dictionary definition of the term, to promote human rights is to further the progress of these rights through support or active encouragement. See “Promote,” Merriam-Webster Dictionary. 78 See “Methods of Work of the Working Group on Arbitrary Detention,” U.N. Doc. A/HRC/36/38 (July 13, 2017), ¶ 7, https://documents-ddsny.un.org/doc/UNDOC/ GEN/G17/190/80/PDF/G1719080.pdf?OpenElement. The Working Group’s most powerful tool in addressing the problem of arbitrary detention is investigating individual Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 27 countries that give vent to arbitrary detentions and related denials of liberty.79 Extraordinary Rendition of Nnamdi Kanu from Kenya to Nigeria in 2021 The report here in question is related to Nnamdi Kanu, a key figure in the Igbo self-determination movement in Nigeria in the aftermath of the Nigerian civil war (1967–1970) that has received new impetus under the country’s Fourth Republic since 1999.80 Kanu, a dual-citizen of Nigeria and Britain, who lived in the UK before his rendition from Kenya to Nigeria in June 2021,81 is the leader of the Indigenous People of Biafra (IPOB), a nongovernmental organization which campaigns for Igbo separation from Nigeria through peaceful and nonviolent means.82 The Nigerian government is prosecuting Kanu for treason (which it complaints. An investigation proceeds in four distinct steps: (i) a source, such as an individual or non-government organization, brings a claim; (ii) the accused government has an opportunity to reply; (iii) the source may respond; and (iv) an opinion may be issued. David S. Weissbrodt and Brittany Mitchell, “The United Nations Working Group on Arbitrary Detention: Procedures and Summary of Jurisprudence,” Human Rights Quarterly, 38(3) (August 2016), 655, 667. 79 “Methods of Works of the Working Group on Arbitrary Detention,” note 78. 80 See Chapter 4 detailing the dynamics of the self-determination struggles in Nigeria, embodying two campaigns, denominated Biafra 1, and Biafra 2. 81 “Rendition,” more formally known as “Extraordinary Rendition” “is the practice of kidnapping or capturing” an accused person and transporting that individual to a country location where he or she faces “a high risk of torture or abuse [during] interrogations.” ACLU, “Extraordinary Rendition,” https://www.aclu.org/issues/nat ional-security/torture/extraordinary-rendition#:~:text=Extraordinary%20rendition%20is% 20the%20practice,torture%20or%20abuse%20in%20interrogations. The term originated from the intelligence-gathering techniques of US law enforcement agencies, particularly the Central Intelligence Agency, involving the transfer of foreign nationals suspected of involvement in terrorism to detention and interrogation in countries where domestic American and international legal safeguards do not apply. In the notorious colloquialism of former CIA agent Robert Baer: “If you want a serious interrogation, you send a prisoner to Jordan. If you want them to be tortured, you send them to Syria. If you want someone to disappear—never to see them again—you send them to Egypt.” ACLU, “Fact Sheet: Extraordinary Rendition,” https://www.aclu.org/other/fact-sheet-extraordi nary-rendition. 82 See Benjamin Maiangwa, “What Drives the Indigenous People of Biafra’s Relentless Efforts for Secession,” Conversation (July 12, 2021), https://theconversation.com/whatdrives-the-indigenous-people-of-biafras-relentless-efforts-for-secession-163984. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 28 P. C. AKA analogizes to “levying war” against Nigeria), as well as for terrorism.83 Chapter 4 of this book focuses on IPOB and other groups agitating for Igbo separation from Nigeria in the name of Biafra. Opinion of the UN Working Group Related to Kanu The UN Working Group gave an opinion related to the prosecutions of Kanu since June 2021, including his arrest in and rendition from Kenya, torture, and indefinite detention in Nigeria by the Nigerian secret police.84 Through its 16-page report, adopted on April 4, 2022, at its 93rd session, held March 30 and April 8, 2022, the Working Group criticized both the Nigerian and Kenyan governments for engaging in these violations, contrary to their international human rights obligations, including those emanating from their ratification of the International Covenant on Civil and Political Rights (ICCPR).85 It ruled that Kanu is “being persecuted for the peaceful exercise of his rights, most notably his freedom of opinion and expression,” a guarantee necessary for the full development of the individual within the meaning of the ICCPR.86 The Nigerian government charged Kanu of “levying war” against it and the country.87 However, the Working Group observed that the same government failed to provide evidence of any action implicating Kanu in the contemplation, planning, or incitement of war against Nigeria.88 To the contrary, Kanu advocated nonviolently for a referendum to determine the fate of Biafrans.89 83 “Nigerian Court Upholds Treason Charges against Nnamdi Kanu,” Africa News (January 20, 2022), https://www.africanews.com/2022/01/20/nigerian-court-uph olds-treason-charges-against-nnamdi-kanu//; and Timothy Obiezu, “Nigerian Separatist Leader Arrested, Faces Trial,” VOA Africa (June 30, 2021), https://www.voanews.com/ a/africa_nigerian-separatist-leader-arrested-faces-trial/6207665.html. 84 Absent the text of the opinion here in question, the following discussion draws on an extensive reporting, including excerpts of the decision from “UN Orders Immediate Release of Nnamdi Kanu from Detention,” The Will (July 23, 2022), https://thewillni geria.com/news/un-orders-immediate-release-of-nnamdi-kanu-from-detention/. 85 See ibid. 86 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84. 87 Ibid. 88 Ibid. 89 Ibid. Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 29 Given these findings, the UN Working Group advised the Nigerian government to “immediately release Kanu unconditionally” and compensate him for perpetuated arbitrary violation of his fundamental human rights; recommended that government officials responsible for the torture meted out to him be investigated and punished; and gave the government six months to report back to it regarding steps it has taken to comply with the Group’s recommendations.90 And given the “collusion between the Governments of Kenya and Nigeria in the rendition of Mr. Kanu,” it said, “both Governments bear joint responsibility for” the perpetuated violations of Kanu’s rights which took place in Kenya and Nigeria.91 The UN Working Group referred the case to the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment for further determination related to Kanu’s torture.92 In support of its finding of arbitrary detention anchored on illegal arrest, rendition, torture, and nominal judicial proceedings against Nnamdi Kanu, the Working Group reasoned severally as follows. First, pre-trial detention “should be the exception rather than the rule, and […] for the shortest time possible,” during which timeframe an accused person has the right to challenge the lawfulness of his or her detention before a court.93 Instead, here, the Working Group finds no legitimate grounds for the delays in Kanu’s prosecution.94 An accused person under detention pending trial is entitled to trial within a reasonable time, failing which he or she should be set free.95 90 Ibid. 91 Ibid. 92 Ibid. Created in 1985, in the leadup to the formation of the UN Working Group in 1991, the Special Rapporteur on torture and related persecutions, has a key role in upholding the UN’s absolute prohibition of torture, by responding to torture complaints, overseeing conditions of detention throughout the world, and hammering out standards and recommendations designed to promote accountability and prevent torture. In July 2022, the UN Human Rights Council appointed Alice Jill Edwards, an Australian national, as the seventh occupant of this office. The first woman to come to this position, Edwards assumed office on August 1, 2022. See “Special Rapporteur on Torture,” United Nations Human Rights Special Procedures, https://www.ohchr.org/en/specialprocedures/sr-torture#:~:text=Current%20mandate%20holder,-Dr.&text=Alice%20Jill%20E dwards%20(Australia)%20is,tenure%20begins%20on%201%20August. 93 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84. 94 Ibid. 95 Ibid. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 30 P. C. AKA Second, a detainee has the right to legal assistance by counsel of his or her choice, which right the accused must be promptly informed of upon apprehension.96 This right to effective counsel should not be unreasonably curtailed.97 However, “by failing to allow Mr. Kanu to be represented by lawyers of his choice, including an international counsel, the [Nigerian] Government denied Mr. Kanu’s right to legal assistance at all times.”98 Third, the rule relating to presuming an accused person innocent until proven guilty was also violated. During Kanu’s arraignment in court, the State Security Service (SSS), Nigeria’s secret police, “surrounded the court complex with an array of armed forces, creating an atmosphere of intimidation and danger.”99 Similarly, accused persons “should not be presented to the court in a manner indicating that they may be dangerous criminals, as this also undermines the presumption of innocence.”100 This violation occurred in Kanu’s case. Fourth, following his rendition from Kenya to Nigeria, Kanu had been held in solitary confinement at the SSS headquarters in Abuja in a small cell where he was exposed to daily psychological and mental torture, without access to other inmates or any other person, except SSS officers.101 And although there is indication that he suffers from a serious heart condition, the Nigerian government has refused Kanu access to medical care.102 Fifth, detention without trial and related abridgments of personal liberty must be subject to effective oversight and control by the judiciary which, here again, did not take place.103 Latest Denouement Related to the Kanu Trial On October 12, 2022, in the latest denouement related to the Kanu trial, a three-member panel of Nigeria’s Appeals Court based in Abuja 96 Ibid. 97 Ibid. 98 Ibid. The Working Group assessed untoward treatment of Kanu’s lawyers as “entirely unacceptable” and a violation of international human rights standards. Ibid. 99 “UN Orders Immediate Release of Nnamdi Kanu from Detention,” note 84. 100 Ibid. 101 Ibid. 102 Ibid. 103 Ibid. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 31 threw out the charges against the separatist leader, on the ground that his arrest through extraordinary rendition was unlawful.104 For this reason, the panel reasoned, the Federal High Court, which all along handled the case, lacked the jurisdiction to try Kanu, to begin with.105 The charges the three-member panel threw out were the seven remaining out of the initial fifteen preferred against him.106 The Nigerian national government quickly indicated it would not release Kanu, on the ground that “Kanu was only discharged and not acquitted.”107 104 See Ishaq Khalid and Cecilia Macaulay, “Nnamdi Kanu: Nigerian Court Drops Charges against Separatist IPOB Leader,” BBC News (October 14, 2022), https:// www.bbc.com/news/world-africa-63241555. See also Ameh Ejekwonyilo, “Appeal Court Ends Nnamdi Kanu’s Trial, Orders IPOB Leader’s Release,” Premium Times (Abuja) (October 13, 2022), https://www.premiumtimesng.com/news/hea dlines/559458-appeal-court-ends-nnamdi-kanus-trial-orders-ipob-leaders-release.html. For the text of the judgment, see Bridget Edokwe, “The Charges Against Nnamdi Kanu Are Terminated and Struck Out—Court of Appeal,” Barrister NG (October 18, 2022), https://barristerng.com/download-enrollment-order-just-in-thecharges-against-nnamdi-kanu-are-terminated-and-struck-out-court-of-appeal/. The three judges involved are Justices Jummai Hanatu Sankey, Oludotun Adefope-Okojie, and Ebiowei Tobi. Ibid. 105 Khalid and Macaulay, note 104. See also Eric Ikhilae, “Appeal Court Ends Nnamdi Kanu’s Trial, Orders IPOB Leader’s Release,” Nation (Lagos) (October 14, 2022), https://thenationonlineng.net/appeal-court-ends-nnamdi-kanus-trial-orders-ipobleaders-release/. 106 Klalid and Macaulay, note 104. 107 Ibid. See also Vincent Ufuoma, “Nnamdi Kanu: FG Speaks on Appeal Court Ruling, Says It Will Consider Other Legal Options,” ICIR (October 14, 2022), https://www.icirnigeria.org/nnamdi-kanu-fg-speaks-on-appeal-court-ruling-says-itwill-consider-other-legal-options/. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 32 P. C. AKA Takeaways from the Kanu Saga It takes several to tango.108 The Kanu saga is a textbook example of the hydra-head nature of the tension between sovereignty and selfdetermination in postcolonial Africa, involving multiple parties, that this book tackles. It also spells out the need to resolve this issue through measures at the domestic and international levels embedded in conflict resolution. The multiple parties, elaborated in Chapter 7 on the blueprints for ameliorating the tension, are ethnic leaders and their foot soldiers of supporters spoiling to use the right of self-determination; aloof central government authorities working overdrive to curtail or block such usage, in the guise of territorial integrity; and a variegated species of the international community of differentiated disinterestedness in-between these two contenders. Intersection of International Law, Constitutional Law, and Conflict Resolution from the Prism of the Three Case Studies This section builds on and amplifies the foregoing discussion pertaining to the argument of this book. It covers three points: (i) the need for more Constitutional Law, which this book fills, in discussions relating to sovereignty and self-determination; (ii) the relevance and importance of Constitutional Law as a tool for conflict resolution; and (iii) justification for the three case studies. 108 Parody of “it takes two to tango,” an idiomatic expression denoting parties inextricably paired in a palatable or unpalatable relationship. See Eric Donald Hirsch, Jr., et al., The New Dictionary of Cultural Literacy: What Every American Needs to Know (Boston, MA: Houghton Mifflin Harcourt, 2002), 52 (“Certain activities cannot be performed alone—such as quarreling, making love, and dancing the tango”). The saying originated from the scene of a real-time dance where two partners move in relation to each other, sometimes in tandem, sometimes in opposition. See Wolfgang Mieder, Proverbs: A Handbook (Westport, CT: Greenwood, 2004), 233; and Wolfgang Mieder, The Politics of Proverbs: From Traditional Wisdom to Proverbial Stereotypes, Vol. 10 (Madison, WI: University of Wisconsin Press, 1997), 125. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 33 Need for More Constitutional Law in Discussions Relating to Sovereignty and Self-Determination International Law refers to the “rules and principles governing the relations and dealings of [states] with each other, as well as the relations between states and individuals, and relations between international organizations.”109 For its part, Constitutional Law refers to “the process by which people constitute themselves and their values in a binding legal document adaptive to new conditions not present when the document was written.”110 Sovereignty and self-determination are doctrines of International Law. The two doctrines are analyzed within the prism of International Law, but rarely so through the perspective of Constitutional Law, a hole in the literature that this book seeks to fill. Many studies on the intersection of sovereignty and self-determination pay insufficient attention to “the broader set of possible constitutional arrangements that can impact secession,” oblivious to the reality that, although they “hinge on high power politics, [secessionist disputes] also have an important constitutional dimension.”111 This lack is despite the fact that going back to the early days of US constitutionalism, sovereignty and self-determination have deep roots in constitutional law.112 In sum, secession, a topic often tied to international law, “is not merely about rights but also implicates questions of constitutional structure and other 109 “International Law,” Legal Information Institute (LII), Cornell Law School, https://www.law.cornell.edu/wex/international_law. 110 Philip C. Aka, Bosnia as Civil State and Global Citizen: Alternative Futures Outside the EU (Lanham, Boulder, New York, and London: Rowman & Littlefield, 2021), ix, 200. 111 Tom Ginsburg and Mila Versteeg, “From Catalonia to California: Secession in Constitutional Law,” Alabama Law Review, 70(4) (2019), 923, 933. 112 Michael Kirby, “International Law—The Impact on National Constitutions,” American University International Law Review, 21(3) (2006), 327–364 (statement on the influence of International Law on Constitutional Law); Peter J. Spiro, “Treaties, International Law, and Constitutional Rights,” Stanford Law Review, 55(5) (2003), 1999–2028 (statement on how International Law limits the dangers of behaviors outside the constitutional purview); Kristen L. Walker, “International Law as a Tool of Constitutional Interpretation,” SSRN (July 24, 2002), https://papers.ssrn.com/sol3/papers.cfm?abs tract_id=319921 (commenting on the decision of Justice Michael D. Kirby, Justice of the High Court of Australia from 1996 to 2009, to use International Law in interpreting the Australian Constitution). Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 34 P. C. AKA constitutional provisions.”113 This reason, along with the reality that constitutional arrangements on secession sometimes impact the prospects of secession,114 justifies the application of constitutional law to such analysis. As Professors Tom Ginsburg and Mila Versteeg point out, “when the constitution creates a legal avenue to secede, it reduces the need for violence to advance secessionist claims.”115 This book joins the attempts to redress the imbalance in the tools of inquiry by bringing in Constitutional Law. Importance of Constitutional Law as a Conflict Resolution Mechanism In addition to the first point above, the importance is indicated by the depiction in this book of constitutional provisions for self-determination as a necessary but not sufficient condition for dousing some of the fire in the campaign for self-determination. It is a focus on international and comparative analysis not inconsistent with the role of constitutional law at the domestic level. For example, in holding two defendants for murders related to their role in the 1995 bombing of a federal building in Oklahoma City leading to the death of 168 people, a US trial judge also sentenced the duo for “crime[s] against the Constitution of the United States” in that persons killed and the offices destroyed during the attack on the building were engaged in the constitutional functions of providing for a common defense, establishing justice, promoting the general welfare, and ensuring domestic tranquility listed in the preamble of the US Constitution.116 113 Ginsburg and Versteeg, note 111, p. 928. 114 See ibid. generally. 115 Ibid. (abstract). Emphasis added. 116 See “Richard P. Matsch, 88, Judge in Oklahoma Bombing Case, Is Dead,” New York Times (May 29, 2019), https://www.nytimes.com/2019/05/29/obituaries/richardp-matsch-dead.html. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 35 The Three Case Studies As indicated earlier in this chapter, the three countries this book explores are Ethiopia, Nigeria, and Cameroon.117 These countries, given detailed treatment in Chapters 3–5, are scenes of self-determination that illuminate the argument about absolutization of sovereignty at the expense of the complementary doctrine of self-determination made in this book. Table 1.1 laid down the performance of each country on a list of selected indicators pertaining to sovereignty, self-determination, constitutional law, and conflict resolution, with accompanying explanatory statements on some of those indicators. The discussion in this section next follows through with two points bearing on the need for more Constitutional Law in discussions relating to sovereignty and self-determination, and the significance of Constitutional Law as a conflict resolution mechanism. The only remaining element necessary to complete the discussion here is the constitutional provision (or lack thereof) of each of the three countries related to self-determination. The conversation begins with Ethiopia. Ethiopia’s 1995 Constitution guaranteed the right to selfdetermination for eligible ethnic groups. The document stipulates that “[e]very Nation, Nationality and People in Ethiopia has an unconditional right to self-determination, including the right to secession.”118 In contrast, Nigeria’s 1999 constitution, the legal framework governing the Fourth Republic since 1999, lacks such provision. Instead, the document provides, “We the people of the Federal Republic of Nigeria […] firmly and solemnly resolve[] […] to live in unity and harmony as one indivisible and indissoluble sovereign nation under God […].”119 Reinforcing this provision, the same constitution contained, within its very first articles, the statement to the effect that “Nigeria is one indivisible and indissoluble Sovereign State to be known by the name of the Federal Republic 117 See Table 1.1 (Juxtaposing the three countries on selected indicators at the intersection of sovereignty, self-determination, constitutional law, and conflict resolution). 118 Constitution of the Federal Democratic Republic of Ethiopia, 1995, reprinted in Ref World https://www.refworld.org/docid/3ae6b5a84.html, art. 39(1). 119 Constitution of the Federal Republic of Nigeria, 1999, Constitute Project, https:// www.constituteproject.org/constitution/Nigeria_2011.pdf?lang=en, preamble. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 36 P. C. AKA of Nigeria.”120 The 1979 Constitution provided similarly.121 The major difference between these two constitutions though is that, whereas the 1979 Constitution underwent the approval of a Constituent Assembly, after the Constitution Drafting Committee completed its work, the 1999 Constitution lacks these popular imprimaturs.122 Like Nigeria’s, Cameroon’s constitution precludes secession. The country’s 1996 constitution provides, “We, the people of Cameroon […] solemnly declare that we constitute one and the same nation, bound by the same destiny, and assert our firm determination to build the Cameroonian Fatherland on the basis of the ideals of fraternity, justice, and progress.”123 More specifically, the document stipulates that “The Republic of Cameroon shall be […] one and indivisible[.]”124 In sum, of the three countries used as case studies in this book, only post-socialist Ethiopia entrenched the right to self-determination in its constitution. In contrast, Nigeria and Cameroon lack such provision in their respective constitutions. Instead, as indicated above, the constitution of Nigeria stipulates that the country is “indivisible and indissoluble,” while that of Cameroon proclaims that the country is “one and indivisible.” Vis-à-vis Ethiopia, these pro-sovereignty commandments from Nigeria and Cameroon call to mind one proposition, based on a reading of US jurisprudence relating to secession, to the effect that the American Constitution gave citizens “the right to change [their] national government […] but [it] did not provide a right to walk away from it.”125 120 Ibid., art. 2(1). 121 See Constitution of the Federal Republic of Nigeria, 1979, Constitution Net https://constitutionnet.org/sites/default/files/nig_const_79.pdf, preamble; and art. 2(1) (indivisibility and indissolubility clause). 122 See Philip C. Aka, “Why Nigeria Needs Restructuring Now and How It Can Peacefully Do It,” Denver Journal of International Law and Policy, 46(2) (Winter 2018), 123–157. 123 Constitution of the Republic of Cameroon (adopted January 18, 1996), amendment to the Constitution of June 2, 1972 (International Labor Organization), preamble, http://ilo.org/dyn/natlex/docs/ELECTRONIC/43107/977788/F-210347 6279/CMR43107%20Eng.pdf. 124 Ibid., art. 1(2). 125 Farah Mohammed, “The Recipe for Secession: What Makes Nations Leave,” JSTOR Daily (March 23, 2017), https://daily.jstor.org/the-recipe-for-secession-what-makes-nat ions-leave/. In Texas v. White, 74 U.S. 700 (1869), decided after the US civil war (1861– 1865), the US Supreme Court ruled that there was no right to secession under the US Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 37 From the point of loose convergence, each country interjects diversity that spices up the analysis in this book related to the intersection between sovereignty and self-determination: Ethiopia on its agelong insecurity with respect to Eritrea pertaining to the landlock-ness of Ethiopia; Nigeria on its vast human and natural resources, which analysts liken to a giant and key to its status as home to the largest economy in Nigeria which it stands to lose if the Igbo, a powerhouse of commerce and entrepreneurship but also persistent advocate for Biafra, leaves; and Cameroon for its status as Africa in miniature which, like Nigeria, Cameroon could lose if English-speaking Cameroon, seeking separate existence in the name of Ambazonia, leaves. As we show with the case studies and recapitulate in Chapter 7 devoted to blueprints, it is counterproductive to use force to subdue a group legitimately seeking to exit a state. Thus, for each of these groups, including the Oromo and Tigray peoples lately in Ethiopia, constitutionalization of the right to self-determination kicks in because of the conflict resolution dynamics it introduces into the equation in the search for durable means to harmonize sovereignty and self-determination in postcolonial Africa. Constitution. The case involved a claim by the Reconstruction government of Texas that US bonds owned by Texas since 1850 had been illegally sold by the Confederate state legislature during the American Civil War. In White, the Court held that, because there is no right to unilateral secession under the US Constitution, Texas and the ten other states, which seceded to form the Confederate States of America, never left the Union during the civil war. The ten states, with Texas, nicknamed Dixie, in alphabetical order, were: Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia. See Emory M. Thomas, The Confederate Nation, 1861–1865 (New York: Harper & Row, 1979). Accordingly, US Treasury bond sales by Texas during the war, originally owned by pre-war Texas, were invalid, and the bonds were therefore still owned by the postwar state. The Court reasoned, with one justice dissenting, that the US “never was a purely artificial and arbitrary relation.” 74 U.S. 700, p. 726. “When […] Texas became one of the United States, she entered into an indissoluble relation. All the obligations of perpetual union, […] attached at once to the State. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. And it was final. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. There was no place for reconsideration or revocation, except through revolution or through consent of the States.” Ibid. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 38 P. C. AKA Organization of This Book In state after state, the major problem Africa faces in the first quarter of the twenty-first century is insurgencies against a central government. Many of these insurgencies are rooted in struggles for self-determination, either internally for devolution of powers or externally as a separate country. Yet, compared to other world regions, chances for peaceful, nonviolent self-determination campaigns are slim in Africa. Of the 40 countries admitted as members of the UN since the fall of the Berlin Wall in 1989, only three, representing over 7 percent of the total, are from Africa—each preceded by protracted and violent campaigns for independence. Thus, this book proposes blueprints, embedded in conflict resolution, including constitutional means, for navigating the tension between sovereignty and self-determination in postcolonial Africa; by so doing, it contributes to existing knowledge on “the meaning, process, and effects” of the self-determination doctrine, in its intersection with sovereignty.126 This book comprises eight chapters, broken into three parts, two chapters in Part I and three each in Parts II and III. First the parts followed by the chapter-to-chapter descriptions. Part I is dedicated to threshold matters, including the argument of the book and its organization, conceptual framework, and delineation of the intricacies of the tension between sovereignty and self-determination, illustrated with examples drawn from six regional and global human rights instruments. Part II collects the case studies of three scenes across three subregions of Africa engulfed in self-determination struggles: Ethiopia in East Africa where the right to self-determination is constitutionalized; Nigeria in West Africa, involving the longest struggle for self-determination where, still, for some reason, that right is not constitutionalized; and Cameroon, straddling West Africa and Central Africa, where a longstanding issue of power devolution metamorphosed into campaign for the right to self-determination. Between them, the case studies embody five self-determination campaigns: Eritrea and Tigray in Ethiopia; Biafra 1 and Biafra 2 in Nigeria; and Ambazonia in Cameroon. In Biafra 1, the self-determination struggle overlapped a civil war and the entity that conducted that campaign was a bona fide government, the same way it was in Tigray more than half a century later. As this book goes to press, three of 126 See Alexander and Friedlander, note 9, p. xiv. Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 39 the campaigns, Eritrea, Tigray, and Biafra 1, are concluded, leaving two, Biafra 2 and Ambazonia, still ongoing. However, except for Eritrea, where not properly addressed, supposedly concluded campaigns can recur in the future—as Biafra 2, the unresolved agitation of the Igbo nearly 30 years after Biafra 1, demonstrates.127 Part II unearths the proposition of this book anchored on the necessity of constitutionalizing the group human right of self-determination as a point of departure in resolving the conflict between sovereignty and self-determination. Part III complements and completes the previous two parts. It embodies the projected solutions to the tension between sovereignty and self-determination at the heart of this book, including object lessons from the case studies, and the blueprints. Next chapter by chapter, this chapter, the foregoing, embodies the argument of the book, including the evidence of the rifeness of selfdetermination conflicts in Africa of a magnitude that contradicts the claim of a “secessionist deficit” in the academic literature; the case from Nigeria involving the extraordinary rendition and indefinite detention of the leader of a secessionist movement in that country for using the right to self-determination presented as a textbook example of the problem this book addresses; the intersection of International Law, Constitutional Law, and conflict resolution from the prism of the three case studies of the book; and the plan of the book summarized here. With respect to the argument, topics covered include the troublesome tension between sovereignty and self-determination at the heart of the book and a caveat that the overall merit of the book does not singularly hinge on this strand of argument; statement on statecraft in postcolonial Africa pertaining to the right to self-determination in its interaction with sovereignty and inconsistent application of that right in global institutions; contribution of the work revolved around the debate against absolutizing sovereignty in Africa; and juxtaposition of the three countries that form the case study in this book on a set of key indicators bearing on the intersection among sovereignty, self-determination, and conflict resolution. 127 An idea from US jurisprudence that springs to mind here would be cases “capable of repetition, yet evading review,” a recognized exception to the doctrine of mootness in the US judicial system. An example of this exception would be a pregnant woman’s constitutional challenge to an abortion regulation. In Roe v. Wade, 410 U.S. 113 (1973), the US Supreme Court stated that “pregnancy provides a classic justification for a conclusion of non-mootness.” Ibid. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 40 P. C. AKA Chapter 2 sketches the conceptual framework of the book comprising two main elements, namely, indicators of the tension between sovereignty and self-determination tied to the three countries under examination in this book and elaborated by six human rights instruments; and the nature of the relationship between sovereignty and self-determination, the complementary doctrines of International Law that form the center of gravity of the work. There are two takeaways from the chapter. One, going to the argument of this book delineated in this chapter, is that, although important, identification of the tension between sovereignty and self-determination in Africa that this book embodies does not by itself exhaust the message of this book separate from proposals designed to navigate the tension or its overall merit. The second, anticipating the peaceful resolutions formulated in Chapter 7 is that, in its early evolution, sovereignty assumed a more harmonious relationship with selfdetermination than its strict application today in Africa focused exclusively on territorial integrity makes out. Tracking the relationship between International Law and Constitutional Law, laced in conflict resolution, central to this book, Chapter 3 focuses on Ethiopia, the state whose constitution, adopted in the aftermath of the demise of military-rule socialism in the land and the independence of Eritrea, entrenched the right to self-determination. Chapters 4–5 shift the searchlight to Nigeria and Cameroon, respectively, two countries whose constitutions lack such entrenchment. Between the two countries, Nigeria should have led the way, but failed to, in constitutionalizing the right to self-determination due to its experience with Biafra from 1967 to 1970. Ethiopia institutionalized the right immediately after its civil war. Why did Nigeria fail to do so after its own civil war? These are among the issues explored in Chapter 4, the case study on Nigeria. Meanwhile, the determination to use the right of self-determination in these two countries, joined with the equally strong commitment of central governments to territorial integrity shows the level of unfinished business, in the light of the constitutionalization of the right to self-determination in Ethiopia the international community confronts. Beginning the search for answers that form the thrust of this book, Chapter 6 assembles the object lessons gleanable from the case studies of the three countries. The lessons inform and complement the blueprints in Chapter 7. One lesson is the privilege of sovereignty at the expense of the right to self-determination, whether self-determination was entrenched as a right in a constitution or not. The lesson raises a question regarding Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 41 the utility of constitutionalization. The answer to that question, anticipating the resolutions by midcentury of Chapter 7 is that, based on the lone experience with post-socialist Ethiopia since 1995, constitutionalization of the right to self-determination is only a necessary but not sufficient condition for the enjoyment of that right. Ethiopia also shows the possible influence of unforeseen forces embedded in the shifting dynamics of ethnic power relations in the period following constitutional entrenchment of the right to self-determinization.128 Chapter 7 assembles small-steps-to-peace proposals,129 denominated blueprints, aimed at harmonizing the two complementary doctrines of sovereignty and self-determination by midcentury. Three entities to whom those blueprints are addressed are groups spoiling to use the right to self-determination, an aloof central government determined to curtail or stop such usage, and a variegated international community (made up of the UN and its agencies, former colonial overlords, and major Western and non-Western powers) caught in the crossfire. The book provides a reasoned explanation to the intriguing question as to why, despite entrenching the right to self-determination in its post-socialist constitution, the conflict between sovereignty and self-determination remains as real in Ethiopia as in Nigeria and Cameroon. By propounding proposals for redressing the troublesome disharmony between sovereignty and self-determination in postcolonial Africa, this book simultaneously contributes to four distinct genres of academic literatures, each imbued with immense comparative significance in the light of the teachable lessons it holds for regions beyond Africa: 128 See Felix Bethke, “Civil War in Ethiopia. The Instrumentalization and Politicization of Identity,” PRIF [Peace Research Institute Frankfurt] Blog (December 23, 2021), https://blog.prif.org/2021/12/23/civil-war-in-ethiopia-the-instrumentaliza tion-and-politicization-of-identity/. 129 See Dekha Ibrahim Abdi and Simon J. A. Mason, Mediation and Governance in Fragile Contexts: Small Steps to Peace (Boulder, CO: Lynne Rienner Publishers, 2019) (promoting inclusive and effective conflict responses that manage shocks peacefully by bridging short-term mediation with medium-term peace committee structures and longterm peace policy work). The approach here is deliberately contrasted from grand theories, highly abstract formulations where, supposedly, every phenomenon under investigation is slotted into “a wider theoretical scheme,” such that everything is explained and nothing is left out. See C. Wright Mills, The Sociological Imagination (New York: Oxford University Press, 1959); and Derek Gregory, “Grand Theory,” in The Dictionary of Human Geography, 5th Ed., eds. D. Gregory et al. (London: Wiley-Blackwell Publishing, 2009), 315–316. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 42 P. C. AKA • the debate on the ever-evolving nature of sovereignty, • the debate related to continuing barriers in Africa and globally to legitimate exercise of the right to self-determination that some commentators rightly equate to underdevelopment of the doctrine in this world region, • studies on the constitutionalization of the right to selfdetermination, and • broad-ranging, garden-variety, studies on conflict resolution in the post-Cold War era. Two factors lend urgency and exigency to the proposals it makes. First, barring harmonization in Africa of the International Law doctrines of sovereignty and self-determination, the talk about moving the world from declaring human rights to implementing these rights, from international norms to local reality in the enjoyment of human rights,130 and, overall, from translating numerous national and international human rights laws into operational policies that work for citizens within the context of finite budgetary allocations,131 will remain mere talk. This is especially true given the economic vulnerability of many African countries in an interdependent world.132 Second, in their seminal work on the intersection of international law and constitutional law, Ginsburg and Versteeg observed that “there [is] a dearth of theory on how different constitutional design choices affect secessionist disputes.”133 This book contributes to knowledge on the influence of different design choices on secessionist disputes, 130 See discussion in Chapter 7 on the small-steps-to-peace blueprints. 131 See Aka et al., The Political Economy of Universal Healthcare in Africa, note 67, p. 5 (citing Paul Hunt, UN Special Rapporteur on the Right to Health from 2002 to 2008). 132 During a face-to-face meeting on September 16, 2022, in Samarkand, Uzbekistan, with Russian President, Vladimir Putin, Indian Prime Minister Shri Narendra Modi expressed concerns regarding the negative impacts of the war between Russia and Ukraine on global food and energy security. He reportedly stated, “Today’s era isn’t of war and I have spoken to you about it on the call. Today we’ll get the opportunity to talk about how we can progress on the path of peace.” See “‘Today’s Era is Not of War,’ PM Modi Tells Putin During Bilateral Meeting,” Siasat Daily (Telangana, India) (September 16, 2022), https://www.siasat.com/todays-era-is-not-of-war-pm-modi-tells-putin-duringbilateral-meeting-2414503/. 133 Ginsburg and Versteeg, note 111, p. 928. Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 43 using as window into the world one country in Africa which entrenches the right to self-determination in its constitution and two which do not. Chapter 8, the book’s conclusion, ties together the achievements of the work, coupled with a statement on prospects for the future pertaining to this topic. This includes introspective inquiries by international lawyers on the doctrinal state of the right to self-determination in the wake of the referendum on independence in South Sudan in July 2011, eighteen years after an earlier one in Eritrea, both arrived at after protracted bloody struggles.134 134 See Timothy Waters, “Let His People Go: Sudan’s Lesson for Secession,” EJIL: Talk! (Blog of the European Journal of International Law) (January 24, 2011), https:// www.ejiltalk.org/let-his-people-go-sudans-lesson-for-secession/ (arguing for recognition of the right to self-determination as a matter of International Law doctrine); Stephen Tierney, “Referendums Today: Self-determination as Constituent Power?” EJIL: Talk! (February 9, 2011), https://www.ejiltalk.org/sudans-lesson-for-secession-a-comment/ (arguing mostly similarly, particularly in the light of “a subtle re-balancing of emphasis away from the inevitable default of territorial integrity” toward self-determination observable today); and Dapo Akande, “The Newly Independent State of South Sudan—Should We Rethink the Right to Secession?” EJIL: Talk! (July 15, 2011), https://www.ejiltalk.org/the-newly-ind ependent-state-of-south-sudan/ (taking the position that the 1964 resolution by the then Organization of African Unity, committing member states of the organization to respect colonial boundaries, see note 74 and accompanying text, did not rule out the possibility of changes in those colonial boundaries, achieved through inter-State adjustments or through the granting of independence by States to particular parts of the State). Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name. Download Complete Ebook By email at etutorsource@gmail.com 44 P. C. AKA Appendix A to Chapter 1: Loci of Separatist Movements in Africa Item Country no. Name of separatist movement Ethnic group or related entity Timeframe Goal 1. Algeria Movement for the autonomy of Kabylie (MAK) Berber or Kabyle people Since 2001 Internal self-determination (autonomist) 2. Angola Front for the Liberation of the Enclave of Cabinda (FLEC); Independent Movement of Cabinda (MIC); União dos Cabindenses para a Independência (UCI) Ambazonia; Bakongo Since about 1963 Independence Bakongo Since 2018 Independence Bakongo Since 2018 Independence Multiple Since ethnic groups 2017 in Southern Cameroon; Oron Since 2006 Independence Central African Republic (CAR) Comoros Anjouan People’s (pop. 869,601 Movement; in 2020) Mohéli CAR Muslims Circa 2012 Probably independence Anjouan Since 1997 Independence Mohéli Independence 6. Republic of the Congo Republic of Congo Central Since 1997 Circa 2012 7. Democratic Republic of the Congo (formerly Zaire) Katanga Bakongo (Alliance of the Bakongo) Baluba (or Circa Luba people) 1977 3. 4. 5. Cameroon Bakassi Movement for Self-Determination (BAMOSD) Dar El Kuti (Séléka) Independence Independence Independence (continued) Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 45 (continued) Item Country no. Name of separatist movement Ethnic group or related entity Timeframe Goal 8. Equatorial Guinea Bubi 1993 9. Ethiopia Movement for the Self-Determination of Bioko Island Afar; Ogaden; Tigray; Afar Somali Tigray Oromo Oromo Western Togoland Restoration Front Cyrenaica Transitional Council (CTC) Azawad National Liberation Movement Caprivi Liberation Army (CLA) Biafra (1967–1970); Biafra (post-1970); Ewe 1993 Independence Post-2015 Independence 2020 Probably autonomist 2020 Probably autonomist 2019 Independence Cyrenaica 2012 Independence Tuareg 2011 Independence Lozi 1994 Independence Igbo Independence Oduduwa; and Yoruba Movement for the Emancipation of the Niger Delta (MEND) Association for the Promotion of Batwa Casamance Orania Movement; Cape Republic; and Zululand, respectively Cape Republic; and Zululand, respectively Sudanese Liberation Front (and Army); Ijaw 1967– 1970 Since 1999 Since 1999 Since 1999 Twa 1993 Autonomist Diola Afrikaners 1982 1991 Independence Independence Afrikaners Zulu 2007 1994 Independence Independence Fur, Masalit, 2002 and Zaghawa Independence 10. Ghana 11. Libya 12. Mali 13. Namibia 14. Nigeria 15. Rwanda 16. Senegal 17. South Africa 18. Sudan Igbo Independence Independence Independence Autonomist (“resource control”) (continued) Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 46 P. C. AKA (continued) Item Country no. Name of separatist movement Ethnic group or related entity Timeframe Goal Nuba, and Kordofan Nilotic Islamic militant group Acholi 2011 Probably autonomist 19. Somali Sudan People’s Liberation Movement-North Al-Shabaab Circa 2004 Independence 1981 Independence Sahrawi 1973 Independence Lozi Circa 2010 Circa 1983/84 Independence 20. Uganda 21. Western Sahara 22. Zambia 23. Zimbabwe Lord’s Resistance Army (LRA) Maghreb region in-between Morocco and Mauritania (owned by Spain) Barotse Mthwakazi Liberation Front (MLF) Shona and Ndebele (Matabeleland) Autonomist Sources Adapted from multiple sources, including Oyewole Oginni, “The Rise of Separatism in Africa: Possible Consequence of Russia’s Recognition of Separatist Regions in Eastern Ukraine,” OWP: The Organization for World Peace (February 26, 2022), https://theowp.org/reports/the-rise-of-separatism-in-africa-possible-consequenceof-russias-recognition-of-separatist-regions-in-eastern-ukraine/; Nkasi Wode, “The U.S. Should Not Designate Nigeria’s IPOB a Terrorist Group,” Council of Foreign Relations (February 10, 2022), https://www.cfr.org/blog/us-should-not-designate-nigeriasipob-terrorist-group; John Campbell and Nolan Quinn, “What’s Behind Growing Separatism in Nigeria?” Council on Foreign Relations (August 3, 2021), https://www. cfr.org/article/whats-behind-growing-separatism-nigeria; “[Ten] Separatist Movements in Africa,” World Atlas, https://www.worldatlas.com/articles/10-separatist-movementsfrom-africa.html; “Separatism in Africa: Exploring Colonial Legacies,” DW (December 3, 2020), https://www.dw.com/en/separatism-in-africa-exploring-colonial-legacies/a-558 05551; Oluwatosin Adeshokan, “Slouching Toward Secession in Nigeria,” Foreign Policy (February 15, 2019), https://foreignpolicy.com/2019/02/15/slouching-towardsecession-in-nigeria; John Campbell, “Secession Movements Raise Tensions in Nigeria and Cameroon,” Council on Foreign Relations (last updated October 12, 2017), https://www.cfr.org/blog/secession-movements-raise-tensions-nigeria-and-cameroon; and Eric Hoff, “Is Africa’s Oldest Country Falling Apart,” The Perspective (December 15, 2016), https://www.theperspective.se/2016/12/15/uncategorized/is-africas-oldestcountry-falling-apart/ Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 47 Appendix B to Chapter 1: New States Admitted to UN Membership Since the Fall of the Berlin Wall in 1989 Item No. Country Former colonial overlord or name of former country Date of UN UN admission resolution Whether independence was achieved peacefully or violently 1. Namibia South Africa April 29, 1990 Violently 2. Liechtenstein 3. Ukraine Not applicable Soviet Union 4. Not applicable Not applicable Spain and Germany 7. Democratic Republic of Korea (North Korea) Republic of Korea (South Korea) Federated States of Micronesia (Micronesia) Marshall Islands Sept. 18, 1990 Aug. 24, 1991 Sept. 17, 1991 Spain 8. Belarus Soviet Union 9. Estonia Soviet Union 10. Latvia Soviet Union 11. Lithuania Soviet Union 12. Kazakhstan Soviet Union 13. Armenia Soviet Union Mar. 2, 1992 14. Kyrgyzstan Soviet Union Mar. 2, 1992 5. 6. SCR 652, GAR S-18/ 1 SCR 663, GAR 45/1 Peacefully Peacefully SCR 702, GAR 46/1 Peacefully Sept. 17, 1991 Sept. 17, 1991 SCR 702, GAR 46/1 SCR 703, GAR 46/2 Peacefully Sept. 17, 1991 Sept. 17, 1991 Sept. 17, 1991 Sept. 17, 1991 Sept. 17, 1991 Mar. 2, 1992 SCR 704, GAR 46/3 Peacefully Peacefully Peacefully SCR 709, GAR 46/4 SCR 710, GAR 46/5 SCR 711, GAR 46/6 SCR 732, GAR 46(224) SCR 722, GAR 46(227) SCR 736, GAR 46(225) Peacefully Peacefully Peacefully Peacefully Peacefully Peacefully (continued) Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 48 P. C. AKA (continued) Item No. Country Former colonial overlord or name of former country Date of UN UN admission resolution Whether independence was achieved peacefully or violently 15. Uzbekistan Soviet Union Mar. 2, 1992 Peacefully 16. Tajikistan Soviet Union Mar. 2, 1992 17. Moldova Soviet Union Mar. 2, 1992 18. Turkmenistan Soviet Union Mar. 2, 1992 19. Azerbaijan Soviet Union Mar. 2, 1992 20. San Marino Not applicable Mar. 2, 1992 21. Croatia Yugoslavia May 22, 1992 22. Slovenia Yugoslavia May 22, 1992 23. Bosnia and Herzegovina Yugoslavia My 22, 1992 24. Georgia Soviet Union July 31, 1992 25. Czech Republic Not applicable Jan. 19, 1993 26. Slovakia Not applicable Jan. 19, 1993 27. Former Yugoslavia Yugoslavia Rep. of Macedonia (North Macedonia) April 8, 1993 SCR 737, GAR 46/ 226 SCR 738, GAR 46/ 228 SCR 739, GAR 46/ 223 SCR 741, GAR 46/ 229 SCR 742, GAR 46// 230 SCR 744, GAR 46/ 231 SCR 753, GAR 46/ 238 SCR 754, GAR 46/ 236 SCR 755, GAR 46/ 237 SCR 763, GAR 46/ 241 SCR 801, GAR 47/ 221 SCR 800, GAR 47/ 222 SCR 817, GAR 47/ 225 Peacefully Peacefully Peaceful Peacefully Peacefully Violently Peacefully Violently Peacefully Peacefully Peacefully Peacefully (continued) Download Complete Ebook By email at etutorsource@gmail.com Download Complete Ebook By email at etutorsource@gmail.com 1 ARGUMENT 49 (continued) Item No. Country Former colonial overlord or name of former country Date of UN UN admission resolution Whether independence was achieved peacefully or violently 28. Eritrea Ethiopia May 28, 1993 Violently 29. Monaco France May 28, 1993 30. Andorra 31. Palau 32. Kiribati France and Spain Not applicable UK 33. Nauru UK 34. Tonga UK 35. Tuvala UK 36. Yugoslavia 37. Fed. Rep. of Yugoslavia (Serbia and Montenegro) Switzerland July 28, 1993 Dec. 15, 1994 Sept. 14, 1999 Sept. 14, 1999 Sept. 14, 1999 Sept. 5, 2000 Successor state SCR 828, GAR 47/ 230 SCR 829, GAR 47/ 231 SCR 848, GA 47/232 SCR 963, GAR 49/63 SCR 1248, GAR 51/4 SCR 1249, GAR 54/2 SCR 1253, GAR 54/3 SCR 1290, GAR 55/1 SCR 1326, GAR 55/12 East Timor Sept. 10, 2020 Sept. 27, 2002 SCR 1426, GAR 57/1 SCR 1414, GAR 57/3 Peacefully 38. 39. Montenegro Not applicable Portugal (1975) and Indonesia (2002) Yugoslavia June 28, 2006 Peacefully 40. South Sudan Sudan July 14, 2011 SCR 1691, GAR 60/ 264 SCR 1999, GAR 65/ 308 Peacefully Peacefully Peacefully Peacefully Peacefully Peacefully Peacefully Peacefully Violently Violently Download Complete Ebook By email at etutorsource@gmail.com We Don’t reply in this website, you need to contact by email for all chapters Instant download. Just send email and get all chapters download. Get all Chapters For E-books Instant Download by email at etutorsource@gmail.com You can also order by WhatsApp https://api.whatsapp.com/send/?phone=%2B447507735190&text&type=ph one_number&app_absent=0 Send email or WhatsApp with complete Book title, Edition Number and Author Name.