Mgr. Kateřina Rudincová

1. 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

2. Methodology • Comparation of concepts of right to self-determination 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

3. Right to self-determination of peoples • 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 • Conceptof self-determination challenges the current state borders in Africa

4. Uti possidetis • 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“ • 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on their achievement of national independence“ • → principle of the right of African peoples to self-determination has been replaced by the doctrine of inviolability of African borders

5. 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

6. 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 Southern Sudan

7. Civil War in Sudan • 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

8. 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 Somaliland

9. International Recognition of Somaliland? • 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

10. 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)

11. Somaliland vs. Southern Sudan • 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 • 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 • → right to self-determination of the peoples and principle of uti possidetis are used ambivalently

12. Thank you for your attention.