dezintegrační procesy v oblasti afrického rohu: srovnávací analýza

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The Possibilities of Border
Revisions in the Horn of
Africa. A Comparative Study
of Somalia and Sudan.
Mgr. Kateřina Rudincová
Department of Human Geography and Regional
Development, University of Ostrava, Czech Republic
Methodology
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Comparation of concepts of right to selfdetermination and uti possidetis
Application on the cases of Somalia
(Somaliland) and Sudan (separation of South
Sudan)
Semi-structured interviews at the Commission of
AU, Addis Ababa 2010 and 2011
Interview with former foreign minister of
Somaliland in 2010
Right to self-determination of peoples
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Right to self-determination of peoples – 14 points of
President Wilson, UN Charter
UN General Assembly – 1960 – Resolution 1514-XV: „all
peoples have the right to self determination; by virtue of
that right they freely determine their political status and
freely pursue their economic, social and cultural
development“
Right to self-determination stressed by the International
Covenant on Economic, Social and Cultural Rights
(1966) and International Covenant on Civil and Political
Rights
Concept of self-determination challenges the current
state borders in Africa
Uti possidetis
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OAU Charter – 1963 – concept of inviolability of
borders inherited from the colonial past
 Paragraph
3, Article III: Member states declare their
adherence to „Respect for the sovereignty and
territorial integrity of each State and for its inalienable
right to independence“
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OAU supported emancipation of African
territories within already existing borders
OAU Conference in Cairo – 1964 – Resolution
16(1): „all Member States pledge themselves to
respect the borders existing on their
achievement of national independence“
→ principle of the right of African peoples to selfdetermination has been replaced by the doctrine
of inviolability of African borders
Border issues in the Horn of Africa
Different secessionist units in the Horn of
Africa
 Southern Sudan – recognized by AU and
international community, even though its
existence violates the principle of uti
possidetis
 De facto state of Somaliland – failed to
achieve international recognition,
althought it meets three Montevideo
criteria for independent existence –
population, territory and state power
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Southern Sudan
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Whole Sudan administered as
British – Egyptian condominium
„Crises of national identity“ in
Southern Sudan (F. Deng 2010)
British politics in Sudan: de
facto separation of „African“ south
from the „Arab“ north – barrier
against the spread of Islam
(Christian missions, English,
indirect administration) → South
Sudan went through different
political and historical
development
Civil War in Sudan
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1956 – independence of Sudan – inherited colonial
boundaries, Arab – Islamic state, marginalization of
southern Sudanese ethnics → civil war
1972 – peace agreement in Addis Ababa, regional
authonomy
1983 – Jafar Nimairi declared Sudan an Islamic state,
introduced Sharia
Opposition groups in Southern Sudan:
 Demand of emancipation of Southern nations - SPLM
 Demand of independence – Anyanya II, SSIM
Peace negotiations, significant role of the regional powers
and organizations in peace process (Nigeria, IGAD)
Regional dimension: Kenya x Egypt, Ethiopia - ambivalent
approach
9.1.2005 – conclusion of the agreement between SPLM
and Sudanese government - CPA
Somaliland
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former British protectorate x
Southern Somalia – Italian
colony → different historical and
political development
26th June 1960 – independence
of Somaliland, recognized by 35
states
1st July 1960 – uniting with
Southern Somalia
Since 1969 – oppresive regime
of Siad Barre
Decalaration of independence –
18th May 1991
International Recognition of Somaliland?
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Arguments of political reprezentation of Somaliland:
 Territory of the Republic of Somaliland covers the same
area as that of the former Somaliland Protectorate
 Requires the preservation of principle of uti possidetis:
„for Somaliland, independence was on 26 June 1960
and not on 1 July 1960 when it entered into a voluntary
union with Somalia and the fact that the OAU
Declaration was made in 1963 does not affect the
application of the doctrine“
 referendum of unity was manipulated; Atto di Unione
differed from that adopted in Somaliland
 The right to self-determination was not guaranteed fot
northern clans, their human right have been violated
 Independent existence would contribute to economic
development and could possibly affect the development
of whole region
AU perspective
 Somaliland
has never challenged the act of unity with
Southern Somalia
 Recognize TFG as an representative of united Somalia
 The agreement between Somaliland and Transitional
Federal Government of Somalia has not been
achieved
 Unilateral secession is not acceptable
 People of Somaliland perceived as a part of Somali
nation
 Observatory status at AU is not possible
 Somaliland should try to gain support from the African
states (but complicated regional politics)
Somaliland vs. Southern Sudan
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Southern Sudan:
 Turned
on its side attention of international
community – prolonged civil war
 International Recognition of Southern Sudan –
attempts to achieve stability in the region
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Somaliland:
 Long-term
peace, creation of institutions, democratic
elections, government successfully controls claimed
territory
 Clans of Somaliland are still perceived to be the part
of Somali nation
 Support of African states is crutial
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→ right to self-determination of the peoples and
principle of uti possidetis are used ambivalently
Thank you for your attention.
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