This article discusses the right to self-determination in Africa and America and begins by examining the right to self-determination in regional human rights treaties. No treaty in the Inter-American system provides a right to self-determination; however, the African Charter provides a right to self-determination, which I attribute to its history of colonization and apartheid. Next, the article describes secession claims made in Africa, starting in 1995 and discusses self-determination of indigenous and tribal groups by analyzing case law from the Inter-American system and the African Commission. The article concludes that these regions have established the framework for self-determination and must now continue with execution and observing the established norms.
GW Paper Series
GWU Legal Studies Research Paper No. 2013-28; GWU Law School Public Law Research Paper No. 2013-28
Dinah Shelton, Self-Determination in Regional Human Rights Law: From Kosovo to Cameroon, 105 AM. J. INT’L L. 60 (2011).