On Facebook, several Internet users shared information announcing the declaration of independence of the Federal Republic of Kabylia from Algeria. This news spread on several pages, sparking a debate among Internet users, in particular Algerians, who expressed their astonishment at this announcement.
We checked official Algerian and international sites, and processed news from news sites, by carrying out searches on search engines.
We found a statement from exiled separatist activist Ferhat Mehenni dated April 20, 2024 in which he announced the independence of Kabylia. The opponent of the Movement for the Self-Determination of Kabylia declared the independence of Kabylia in front of the United Nations headquarters.
Farhat Mehenni said in his speech: “Ihe declares, in the name of the Kabyle people, the rebirth of the Kabyle State forever on the national and international scene, this choice of date was not fortuitous, because it recalls the demonstrations of April 20, 1980 in the Kabylie region and in Algiers “.
But apart from this declaration we have not found any official announcement from a Kabyle state.
How to recognize a state?
International law involves certain conditions which can be found in the 1933 Montevideo Convention on the Rights and Duties of States. Article 1 of this convention stipulates that the recognition of a State as a person under international law meets the following conditions:
Permanent population;
Determined territory;
Government ;
Ability to enter into relations with other States.
However, recognition by other states is not a guarantee, as the 1982 United Nations International Law Commission resolution on State succession emphasizes: “The existence of a State does not depend on its recognition by other States.“
The Arbitration Commission of the European Conference for Peace in Yugoslavia in 1991 also determined the constituent elements of the state as: “A community which consists of a territory and a population subject to organized political power.“
The constituent elements are therefore:
Possession of a delimited territory: The State must have an identifiable and delimited territory, which can be defended and over which it can exercise exclusive authority.
A permanent and well-determined population.
Sovereignty, which is the fact of exercising sovereign authority over one’s territory, by establishing laws and institutions that allow the management of one’s internal affairs. Sovereignty means that the state should not be subordinate to any member of the international community. Customary international law states that states, as a matter of principle, cannot take orders from other states.
The ability to enter into international relations: The State must be able to enter into international relations, conclude treaties, participate in international organizations and represent its population on the international stage. Adopted in Austria on April 18, 1961, the Vienna Convention regulates diplomatic relations between States, the immunity of diplomatic personnel and the inviolability of embassies.
Thus, legally speaking, there does not exist a new Kabyle state, no official announcement has been proclaimed, and it is only a declaration by Farhat Mhenni, an Algerian politician residing in the United States.
AR
