The Definition of Minorities in the African Legal and Political Doctrine

Abstract

The definition of minorities under international law has always invoked intense debates. In the discourse on the criteria for defining minorities, one of the main arguments has been that such a definition is not necessary, after all the UN managed to establish the principle of self-determination of peoples without adopting an official definition of the term “peoples”. Apart from the issue of necessity, states have also failed to come to a consensus regarding the criteria for determining who minority groups are. Due to the foregoing reasons, a universally accepted definition of the term “minority” is yet to be achieved at the international level. The most acclaimed definition of the term was proposed in 1977 by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. This definition undoubtedly contributes to an understanding of the concept. However, it does not fully reflect the complex nature of the minority question in multi-ethnic Africa. While discussing the criteria for defining minorities at the international level, the author highlights the complexities involved in determining who minorities are in African states and points out why these criteria may not suit the dynamics on minority matters. Drawing from the experience at the universal level and taking into consideration the peculiarities of the African continent, elements to consider in defining minorities in Africa are suggested.