66
Anyangwe/Right to self-determination under the African Charter
integration. A Pan-African Parliament has been created as the
continental legislature to make law for the peace, order and good
government of Africa, though it does not yet have full legislative
mandate. The African Union Commission together with the AU
Chairperson and the Peace and Security Council represent what may be
regarded as the executive arm of a continental government in gestation.
The role of the African Standby Force includes ensuring continental
peace, security and safety. The right of the AU to intervene in member
states under certain circumstances is enshrined in article 4(h) of the
Constitutive Act and is accepted as a limitation on the principle of noninterference and non-intervention in the internal affairs of AU member
states. In this context, the principle of territorial integrity is unlikely to
have the same power as it appears to have now.
4.2
Intangibility of borders inherited from
colonisation
Africa has adopted the attitude that in the short term, and in the
absence of a better alternative solution to border problems, boundaries
inherited from colonisation are to be retained. Decolonisation was not
to be the occasion for new sources of doubt and controversy about
boundaries. The Resolution on Border Disputes adopted in 1964 recites
that ‘the borders of African States, on the day of independence,
constitute a tangible reality’. It declares the solemn pledge by all
member states ‘to respect the frontiers existing on their achievement of
national independence’. This policy of maintaining the colonial
territorial status quo at independence, for want of something better, is
repeated in article 4(b) of the AU Constitutive Act. It represents a
rejection of frontier revisionism which could result in the disintegration
of most of the existing states and even the complete disappearance of
some of them.52 The policy appears to have a great deal of good sense
behind it. Boundary and territorial disputes represent some of the most
explosive sources of conflict in Africa. The policy prioritises avoidance
of disputes and of threats to the peace in Africa.53 It is a qualification of
the right of self-determination in the sense that the territorial
framework of the various colonial territories are accepted as the units
of self-determination within which sovereign statehood is achieved.
This precludes self-determination involving claims to territory not
comprised within each such unit at independence no matter the
cultural, religious or ethnic justification for the claims. The continental
organisation therefore refuses to uphold the right to self-determination
entailing changes in existing frontiers. This refusal is additionally based
on the principle of respect for the sovereignty and territorial integrity of
each African State.
52
53
T Imobighe The OAU, African defence and security (1989) 31.
I Brownlie African boundaries: A legal and diplomatic encyclopaedia (1979) 7;
I Brownlie Basic documents on African affairs (1971) 360; see also, CG Widstrand
(ed) African boundary problems (1969).