July 24, 2003
Francis Mading Deng, Senior Fellow
Dilemmas of Self-Determination: A Challenge to African Constitutionalism
Introduction
How can African states more effectively integrate and institutionalize indigenous cultural values into existing governance structures to create healthier and stronger democracies? In the wake of President's Bush's recent trip to Africa, the Institute hosted a presentation by senior fellow Francis Mading Deng on "Dilemmas of Self-Determination: A Challenge to African Constitutionalism." A distinguished diplomat with over 30 years of experience, Deng examined the concept of self-determination within the framework of national unity or partition and explored the ways in which African constitutions can be better oriented to the indigenous cultural values and institutions of the African societies.
Deng has served as special representative of the United Nations secretary general on internally displaced persons since 1992. He entered Sudan's diplomatic service in 1972. Prior to joining the Sudanese diplomatic corps he worked as a human rights officer at the UN Secretariat (1967-72) and taught courses on law and anthropology at New York University. He served as Sudan's ambassador to Denmark, Norway, Finland, and Sweden (1972-74), ambassador to the United States (1974-76), ambassador to Canada (1980-83), and minister of state for foreign affairs (1976-80).
Report Summary
Nigerian voters participate in the February 1999 presidential elections.
Courtesy: UN Photo
Deng noted during his introduction that to understand self-determination in Africa it was important to remember that African states were originally established as artificial creations of the colonial powers. The main objective was to externally impose control mechanisms, and inherently democratic traditions and experiences in Africa were marginalized. While independence removed this external control, it did not significantly alter the core aspect of a dominating presence by the state in political affairs and governance. Therefore, years of authoritarian rule have further entrenched a governance crisis across post-colonial Africa. Although African independence in many states resulted from the exercise of the right of self-determination, the authoritarian style of governance adopted by post-colonial governments has paradoxically created a renewed popular demand for democracy and respect for human rights and socio-economic development. A desire, Deng noted, that could be seen not only among the elite and disadvantaged groups, but across various socio-economic groups in many African states.
Although self-determination has conventionally been associated with the right of territories under colonial rule to achieve independence, the principle has become increasingly interpreted as applicable to ethnic, religious, linguistic, or cultural minorities within a defined territory under certain conditions, Deng pointed out. Indeed, while the objective of self-determination for many may stem from a desire for freedom from intolerable discrimination, marginalization, or the domination of what is perceived as internal colonialism, it also may simply be a positive aspiration by a group to build on the cultural values and institutional framework of a given identity. Since the exercise of self-determination implies the choice of seeking secession, its application to a group within an otherwise independent country remains a highly sensitive and contentious issue. However, Deng cautioned, secession is not, and should not be seen as, the only manner in which self-determination may be exercised.
Deng noted that secession can be valuable as a threat to make governments live up to the responsibility for all their people. But he suggested that, both conceptually and as a practical matter, self-determination can be realized both internally within an existing state as well as through the establishment of a separate state. Moreover, he argued for people to have a choice to seek secession does not mean that they will necessarily exercise it. Indeed, the people are unlikely to opt for the usually long and costly struggle for secession, or the prospects of political and economic uncertainties that would come with independent statehood, if their rights are recognized and respected within an existing state. Unfortunately, however, many African states have, to their own detriment, not yet devised constitutional structures, institutions, and processes that comprehensively deal with the identity conflicts that now constitute a significant component of the African crisis, Deng stated.
Closely connected to the phenomenon of identity, and equally important in understanding self-determination, is the concept of diversity. In other words, how well do the state and current political system handle the interaction of existing identities and does this interaction serve as a source of tension and strife or allow for mutual reinforcement and the creation of a commonality that can be celebrated and projected onto the national plane. To answer this question Deng said that his research indicates that a successful nation is one which is able to pool together its diverse social intermixtures in a manner that builds on their richness and does not alienate any one identity group. Therefore, constitutional processes, substantive constitutions, and social institutions, both traditional and modern, that are deliberately modeled to encourage this diversity offer opportunities to create a national commonality that is essential to nation building.
How can these principles about identity and diversity be successfully applied to the current situation in Africa? Fundamental to any system of governance is a people's basic worldview and the values it entails. However, Africa has indigenous norms and values that have not adequately figured in the governance framework of independent nation states, even though they have significant implications for issues of constitutionalism, and governance more broadly, Deng noted. In order to determine an African normative worldview that is somewhat representative of the continent's differing identity groups and their collective experience, Deng looked at several examples of institutions and values from across Africa that elaborate specific aspects of a much broader normative tradition. This included the Akan concept of personhood in Ghana and Côte d'Ivoire, the concept of Cieng among the Dinka of Sudan, the concept of Ubuntu from Southern Africa, the Gacaca system of Rwanda, and the concept of Heer in Somalia. From this exercise Deng identified an African worldview that addresses identity by postulating a notion of self that is both autonomous and socially defined at the same time. Therefore, in this African worldview, people see themselves both as individuals with inalienable rights as well as member of a community with shared responsibilities and commitments. But, what exactly does this African worldview tell us about systems of governance and concepts related to self-determination in Africa?
To answer this question, Deng suggested that three sets of issues be examined with regard to values pertinent to self-determination in Africa:
- Effective participation of identity groups in a popular democratic system of governance;
- The role of indigenous values in a cross-cultural perspective on human rights and responsibilities; and
- The culturally oriented development of a people, not only as a principle of human rights, but also as a process of self-enhancement from within.
Deng noted that the tendency to challenge the suitability of democracy in addressing the African crisis is based on the misapplication of a narrow definition of democracy that places emphasis on the formal and procedural aspects represented by elections and majoritarianism. The challenges African states have encountered on this front tend to produce negative results that are then used to reject the notion of the suitability of democracy in Africa. However, he argued, that a study of Africa's history and cultures indicates that Africa in fact has a long experience with governance forms based on consensual decision-making. Not only does Africa have traditions and practices that are completely compatible with western democracy, Deng stressed, but states in Africa would be stronger if they approached democracy within a framework that draws upon traditions within African culture.
As for human rights, while it is true that the formal instruments used to pursue human rights internationally derive from a western tradition, the concept of human rights is inherent to the universal pursuit of human dignity. Deng observed that trends in human rights norms indicate that elements of African normative thought that have not traditionally been featured within libertarian theory are now resonating with more recently evolved thought on human rights in the international traditional framework. This is specifically evident with regard to peoples' rights and environmental rights, which have also resonated quite strongly with other precepts of African normative thought. In fact, the apparent opening of space within the human rights arena has created a new possibility for indigenous cultures to serve as local amplifiers for universal rights, thereby allowing new ideas and values to be transferred to a broader discussion about democracy and state-society relations where further corroboration, reinforcement, or rejection of undesirable local practices may take place.
Moving on to a discussion of the dynamics of development in the region, Deng then noted that post-colonial African states implemented a growth-oriented theory of development imported from the West, in which development was seen to be outside the indigenous experience and was to be defined by specialists. The top-down and largely theory-based approach to development gave the newly independent African states a pretext for ignoring human rights and democracy, by supposedly giving development priority while in fact failing to meet the urgent needs of their people. Moreover, the lure of power and the reality of corruption derailed the development agenda and further fueled the disconnect between the state and the people more generally. Dubious development programs left little in their wake but environmental damage. Increasingly, however, development is being conceived and postulated as integral to human development from the bottom-up, with an emphasis on self-reliance and local ownership, Deng stated.
In closing, Deng stressed that a couple of a important policy recommendations could be drawn from this study:
- African countries must draw upon diversity as a resource, using elements of the African normative worldview to help accommodate differences and resolve conflicts.
- Africans face a challenge to go beyond the paradigm of power, to fashion constitutional processes that build on their own culture and foster recognition and frank discussion about national diversities. This includes encouraging broad grassroots participation that incorporates traditional mechanisms of managing human relations and creates safeguards that encourage the process of evolving a national commonality through language, art, state policy, and local government.
- Constitutional processes and substantive provisions that are oriented to meet these basic requirements are likely to foster peace and to promote unity in diversity.
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