Self-Determination and Democracy in Post-Conflict Africa: Moving from Procedure to Substance

Abstract

This article reviews the application of the principle of self-determination to postconflict rule of law developments in Africa. Popular conceptions of the principle or right of self-determination often associate it with so-called ‘self-determination’ or ‘sovereignty-based’ conflicts, that is, those fought with the aim of separation or secession. This link with secession has experienced a recent resurgence with the Russian invasion and annexation of Crimea, and the arguments put forward by the Kremlin in defence of its actions. However, focus on the relationship between secession and selfdetermination tends to overshadow other understandings and approaches. This article focuses upon a too often neglected aspect of self-determination – the application of internal self-determination, with a focus on African post-conflict States. The specific concern here is the ways and means by which self-determination governs the relationship between the ‘people’ of a State in entirety and the State itself, especially during periods of political transition. The principle of internal self-determination is argued here to consist of three critical facets: representation, accountability and responsiveness. These facets in turn require a move away from liberal-democratic approaches, which equate (internal) self-determination with ‘democracy’ expressed via elections, and a focus instead on the ways and means by which effective participation of an entire population might be advanced.