South Sudan, uti possidetis rule and the future of statehood in Africa

Author: Dr Babatunde Fagbayibo
Senior Lecturer in the Department of Public, Constitutional and International law at the University of South Africa

The emergence of South Sudan has once again brought sharp focus on inherited colonial boundaries and the quest for redrawing them.The process that led to the independence of South Sudan,including the immense challenges it is currently facing in building a new state, has raised questions on whether new states will emerge and the viability of such entities. As an expedient politico-legal move, the Organisation of African Unity (OAU) in 1964 adopted the principle of uti possidetis (Latin for “as you possess, so you may possess”). Primarily aimed at maintaining the sanctity of colonial boundaries, the adoption of this principle was underlined by two interrelated motives. The first was to prevent violent conflicts between African nations over disputed territories and the second was to stem the tide of secessionist movements within national boundaries. The independence of Eritrea in 1993, South Sudan in 2011 and a number of dormant and active secessionist movements across the continent strongly indicate the problematic nature of colonial boundaries and the structure of statehood in post-colonial Africa. Since the 1960s, there have been secessionist movements in places like Nigeria (Biafra), Congo (Katanga), Angola (Cabinda), Senegal (Casmance), Mali (Azawad), Somalia (Somaliland), Ethiopia (Ogaden, Eriterea and Oromo), Sudan (South Sudan), Zambia (Barotse), Tanzania (Zanzibar), and Coromos (Anjouan) – see www.sscnet.uncla.edu/polisci/wgape/papers/4_Engelbert.doc.

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