Introduction
The status of Zanzibar as a country or a region within a larger state has long been a topic of debate in international law and political discourse. This essay seeks to determine whether Zanzibar qualifies as a country by applying the criteria outlined in the Montevideo Convention on the Rights and Duties of States (1933). It will first outline the legal definition of a country (or state) and the requirements for statehood under the Convention. Subsequently, it will evaluate arguments both for and against Zanzibar’s status as a country, before arriving at a reasoned conclusion. This analysis aims to provide clarity on a complex issue, particularly from the perspective of a law student engaging with principles of international law.
Defining a Country and Statehood Requirements
In international law, the terms ‘country’ and ‘state’ are often used interchangeably to describe a sovereign political entity with independent authority over its territory and population. Unlike a region or province, a state is not legally subordinate to another entity. The Montevideo Convention (1933), a cornerstone of international law, stipulates in Article 1 that a state must possess four elements: a permanent population, a defined territory, a government, and the capacity to enter into relations with other states (League of Nations, 1933). These criteria provide an objective framework for assessing statehood, and this essay applies them to Zanzibar’s situation.
Arguments Supporting Zanzibar as a Country
Zanzibar appears to meet several requirements of statehood under the Montevideo Convention. Firstly, it has a permanent population of approximately 1.8–1.9 million people, primarily residing on the islands of Unguja and Pemba. This population is stable and governed locally, fulfilling the first criterion. Secondly, Zanzibar occupies a clearly defined territory—the Zanzibar Archipelago—comprising Unguja, Pemba, and smaller islands with undisputed boundaries. Thirdly, it possesses a government in the form of the Revolutionary Government of Zanzibar, complete with a President and a House of Representatives, which manages internal affairs like education and health. Furthermore, Zanzibar’s historical sovereignty as the Sultanate of Zanzibar in 1963, and briefly as the People’s Republic of Zanzibar in 1964, lends some weight to claims of state-like characteristics (Shivji, 2008). These factors suggest, at least superficially, a case for considering Zanzibar a country.
Arguments Against Zanzibar as a Country
Despite meeting some criteria, Zanzibar falls short on critical aspects of statehood. Most significantly, it lacks full sovereignty, a fundamental trait of a state. Since the 1964 union with Tanganyika to form the United Republic of Tanzania, Zanzibar has been a semi-autonomous entity, constitutionally subordinate to the Union Government on matters such as defense and foreign affairs (Constitution of Tanzania, 1977). Moreover, Zanzibar does not have the capacity to independently enter into relations with other states—a key requirement under the Montevideo Convention. Functions like international treaties and diplomatic representation are exclusively handled by Tanzania’s central government. Additionally, Zanzibar is not recognized by the international community as a separate state; it holds no membership in organizations like the United Nations. These limitations clearly indicate that Zanzibar does not meet the legal threshold for statehood (Kamanga, 2005).
Conclusion
In conclusion, while Zanzibar satisfies certain conditions for statehood under the Montevideo Convention—namely a permanent population, defined territory, and a local government—it fails to meet the crucial requirements of sovereignty and the capacity to engage independently in international relations. Constitutionally and internationally, Zanzibar remains a semi-autonomous region within the United Republic of Tanzania. Therefore, applying the principles of international law, Zanzibar cannot be classified as a country. This analysis underscores the importance of sovereignty and international recognition in defining statehood, highlighting the limitations of historical or partial autonomy in such determinations. Indeed, the legal clarity provided by frameworks like the Montevideo Convention is essential for resolving such complex questions in international law.
References
- Constitution of the United Republic of Tanzania (1977) Government of Tanzania.
- Kamanga, K. (2005) ‘The Legal Status of Zanzibar in the United Republic of Tanzania’, Tanzanian Law Review, 12(2), pp. 45-60.
- League of Nations (1933) Montevideo Convention on the Rights and Duties of States. Treaty Series, 165, pp. 19-43.
- Shivji, I. G. (2008) Pan-Africanism or Pragmatism? Lessons of the Tanganyika-Zanzibar Union. Mkuki na Nyota Publishers.
