Discusiones

Secessionism often includes a dimension of ethnic identity. Instead of dealing with the concept of population only, this study is also paying attention to the ethnic dimension of the DRC’s

32

population for purposes of explaining major political crises that challenged the unity of the country.

The population (people) of a state, according to Phatsakone Chanhchom (2010), comprises all individuals who, in principle, inhabit the territory in a permanent way. It may consist of nationals and foreigners. International law does not require a minimum number of inhabitants constituting a State. The smallest number of nationals in a Micro-State can be found in Nauru and in Monaco. But, theoretically Pitcairn with 52 inhabitants has the right to opt for statehood by virtue of its right to self-determination (Chanhchom 2010: no page). Thus the size of a population is not fixed (Verma 2010:283). The population of a state need not be completely homogeneous in culture, language, and race. Indeed, it is rare to find a State with a homogeneous people. Of the states with sizable populations, Japan is for all practical purposes a nation-state and China’s population is more than 80% Han Chinese – however due to the enormity of its population the other 20% is quite significant.

Furthermore, Avnindra Kumar Verma (2010) has captured the position according to which the progress of a nation depends on its population. It is preferable for the population to be self-sufficient to meet the needs of life. They must have a large degree of agreement on common needs of life and common interests. This does not mean that the people should belong to the same religion, language or race. What is required is cohesion so that these differences do not hamper the spirit of nationality (Verma 2010:283).

With respect to the concept of ethnicity, it is important to note that ethnicity and by extension ethnic groups and ethnic diversity remain highly contested concepts. Just as in other areas of the social sciences, several distinctly different definitions of ethnicity exist (Padgett 1995:28).

Graham K. Brown and Arnim Langer (2010) explains that although there is no universally accepted definition, ethnicity is generally characterized as a sense of group belonging, based on ideas of common origins, history, culture, language, experience and values (Brown and Langer 2010:3). Robert Bates (2004) also notes the idea of common descent, whether real or putative.

However, most definitions of ethnicity emphasize ‘the sharing of a ‘culture’, the most notable aspect of which is language’ (Bates 2004:5, quoted by Brown and Langer 2010:3). Thus, ‘some mixture of language, religion, race and ancestral homeland with its related culture is the defining element’(Yinger 1985:151, quoted by Padgett 1995:28).

2.3.1.4 Government

A state is obliged to have a government that is in efficient control of its territory, and that is independent of any other authority. Whatsoever may be the form of government, it is absolutely indispensable for a state to have a government. It is through the government that the sovereign will of the state is expressed. Thus, it is the machines through which the state

33

must exercise its supreme authority. It constitutes the engine of the state. A state cannot be thought of lacking some sort of government. The government’s exercise of power and the performance of certain functions could be important if the state is not the right size.

Jos C. N. Raadschelders (2003) argues that while the state may not always cater for our individual needs, it does somehow manage to meet collective needs. When citizens display discontent with government, they usually do so in stereotypical and generalized manners, but do not wish to dispense with government per se (Raadschelders 2003:44). Within the context of the DRC the dynamics of state-periphery relations, never questioned the need for ‘a government’, but did question its nature, composition and location. Furthermore, secession is also dependent on the ability of the secessionists to establish an effective government that could control the area under its jurisdiction and to provide the required services to the population.

2.3.1.5 Sovereignty

Apart from the importance of sovereignty as a defining characteristic of the concept of state, sovereignty is also important within the context of secession. On the one hand secession impacts negatively on the sovereignty of the state within the existing territory and on the other hand secession implies the quest for sovereignty both internal and external within a ‘new’

territory excised from an existing state.

Secession thus entails the quest for sovereignty by a section of the population on a section of the territory. The concept of sovereignty is closely linked with the history of the origin of the state and de facto with the birth of any new state. Thus, as explained by Pavkovid and Radan (2007) in the cases either of secession or transfer of a territory to another state, the previous host state ‘loses sovereignty and jurisdiction over a territory and another state gains sovereignty and assumes jurisdiction over that territory’ (Pavkovid and Radan 2007:9).

2.3.1.6 Recognition

A new state cannot exist and take its place in the international community if it is not recognized as such by other existing states. Recognition of a new state may be defined as a unilateral act whereby one or more states admit, whether expressly or tacitly, that they regard the said political entity as a State. Consequently, they also admit that the said entity is an international legal personality, and as such is capable of acquiring international rights and contracting international obligations (Bedjaoui 1991:450).

Viva Ona Bartkrus (1999) makes it clear that established states possess the power to recognize, or refuse to recognize, new states, and thereby bestow the legal status of sovereignty. Those

34

which the international community does not recognize are relegated to diplomatic isolation.

The international system has even exhibited outright hostility to some secessionist entities – note the explicit condemnation of the Katanga crisis in the Congo and the Biafra withdrawal from Nigeria. Christopher Brewin (1982) discloses the trend toward other states and suggests that: ‘instead of being perceived as a relationship between the state and a particular territory, sovereignty is perceived as a social relationship between states where each recognizes the rights of others’ (Brewin 1982:43, quoted by Bartkrus 1999:220). Thus, within the context of secessionism, the decision to recognize a new entity as a sovereign state will be informed by a particular view on the right to secede. Examples of de facto administration of secessionist communities without de jure international recognition indicate that existing states exercise this power of recognition with discretion (Bartkrus 1999:220). For example with the partitioning of the ‘Bantustans’ such as Transkei and Venda in apartheid South Africa these ‘states’ were not recognized by the international community of states. Notably, the reference to this theory will be done in the analysis of the legality of attempted secessions and previously in the creation of the DRC as political entity.

What is thus of particular importance is whether a seceded state would be recognized by the international community of states as a legitimate state. There are issues. The question is whether in the case of the DRC a seceded state would have been recognized. Important within the context of the DRC is the possibility that non-recognition could deter secession but that recognition could fuel secession. This is one aspect that even European states fear because in most of them there are secessionist movements and an over eager recognition of secessionist states could negatively affect their own territorial integrity.