(2018) 2 African Human Rights Yearbook
65
respect pre-existing international frontiers in the event of state
succession derives from a general rule of international law, whether or
not the rule is expressed in the formula of uti possidetis.50
In sum, it is submitted that the Commission neither applied its
mind to the question of re-colonisation nor to the equally important
one of acquisition of territory in international law, given the fanciful
claim of Cameroun Republic to the territory of the Southern
Cameroons. It did not direct its mind to the concept and nature of
inalienable rights. It did not appreciate the fact that colonisation
amounts to both oppression and domination. The Commission’s
decision on the issue of self-determination was anchored neither in law,
principle, or cogent argument. It did not rest on any evidence, forensic
or even anecdotal. It was not grounded in any legal authority, be it case
law, legal instrument, legal principle, or academic writing.51
4
TERRITORIAL INTEGRITY: STATE SYSTEM
AND STABILITY
Africa’s emphasis on the principle of territorial integrity stems from a
compound of three inter-related principles that appear to characterise
the continent’s attitude, namely, the long term goal of African ‘unity’;
the intangibility of borders inherited from colonisation; and the
primacy of the principle of territorial integrity over the right of selfdetermination, effectively ousting the applicability of selfdetermination in post-colonial Africa.
4.1
African ‘unity’
From the onset of the decolonisation process in Africa, Pan-Africanists
strongly argued for the ‘unity’ of the African continent. For them, the
‘rectification’ of ‘arbitrary’ African borders was feasible and attainable.
Unity and border rectification were considered goals that could be
attained in the short term. But these goals were subsequently ‘revised’
to become long term objectives. Had African political unification been
achieved, the matter of self-determination and the headache of border
and territorial disputes would simply have become intra-African
domestic matters of an administrative and constitutional nature.
Strong opposition by a number of African states to immediate
continental political integration led to a reconceptualisation of African
unity in terms of what has variously been described as ‘gradualism’,
‘solidarity’, and ‘functional co-operation’ or ‘federalism without tears’
in the form of regional economic communities. The AU, successor to
the OAU in 2002, has re-centred the desideratum of continental
50
51
Frontier Dispute 554.
Anyangwe (n 32); D Shelton ‘Self-determination in regional human rights law:
From Kosovo to Cameroon’ (2011) 105 American Journal of International Law
60 https://doi.org/10.5305/amerjintelaw.105.1.0060 (accessed 5 August 2018).