Sovereignty without Borders
By Zander Bamford-Brown
A look into disputes over the very meaning of sovereignty
Nearly all the work we do at Sovereign Limits documenting international boundaries can be depicted by a few different kinds of lines on a map. We can illustrate contested boundaries and sovereignty disputes with a simple legend: a red dot for a disputed territory, a dashed line for a unilateral boundary claim and a solid line for an uncontested border. This is the visual expression of the current framework for international relations based on the Westphalian system. The Westphalian system serves as a common language through which key ideas like state, territory, borders and sovereignty have a universal meaning across the world. Through this shared language and set of principles, even sovereignty disputes can be discussed in a mutually intelligible manner. However, this is a limited viewpoint, and this post is about those places where the Westphalian system is not a shared language, where the people dispute the principles of this ideology and assert their own differing interpretations of sovereignty.
The Westphalian system was developed over the past three centuries and has come to replace most of the diversity in the organization of polities that had existed up until this point. The basic assertions of this system are that states have a monopoly on force within their territories and that states are the agents that conduct international relations. This amounts to a system of legally equal states with territorial integrity that are legitimized, in part, through mutual recognition. There is no room in this system for things other than territorial states to have sovereignty. Although some scholars argue we are now in a ‘Post-Westphalian’ system, its core components still remain central to international relations.
When this system was developed, primarily by Europeans in the late 18th century, it was quite a shift from many of the other models that had been used up until that point. For our work, the most important shift was the adoption of linear boundaries. Most European territories were not defined by linear boundaries until after the Napoleonic Wars ended in 1815 and even later in other parts of the world. This emphasis on linear cartographic boundaries, which had been developed during the European colonization of the Americas, has become a crucial component of the system. The Westphalian system views territory as the only legitimate source of sovereignty and that the only way to define territory is through linear boundaries. This concept is succinctly captured in a definition of Westphalian sovereignty by Stephen D. Krasner as “the ability of states to control movement across their borders.” It is the boundary, and control over that boundary, that makes a state sovereign.
The extent of cartographic understanding of the world shortly after the 1648 Peace of Westphalia. From the Library of Congress.
Despite the apparent universality of this system, which maps the political divisions of the world, the Westphalian system is generally understood to be a model. In reality, these principles have been regularly broken since the system was developed. One arena where this is visible is in the interactions between forms of sovereignty that predate the introduction of the Westphalian system by colonial forces. These forms of sovereignty, sometimes referred to as Indigenous sovereignty, are quite diverse but in general do not consider territory as the primary source of sovereignty. It is argued that these notions of sovereignty are incompatible with Westphalian sovereignty, giving rise to a class of sovereignty disputes and border regimes that cannot be explained fully within the Westphalian framework.
Below I discuss how this interaction plays out between groups in two different Westphalian border areas: pastoralists along the Kenya-Uganda frontier and a Mohawk community along the Canada-United States international boundary. There are other similar disputes playing out around the world that affect both internal politics and international relations and these two cases highlight the diverse nature of these types of disputes.
The Karamoja Cluster and movement across the Kenya-Uganda border
For more about the Westphalian sovereignty of the Kenya–Uganda boundary, check out our Boundary Brief!
The Karamoja Cluster is a region that spans the northern portions of Kenya and Uganda, as well as parts of South Sudan and Ethiopia. The Cluster is very diverse and, to keep things simple, I am just looking at movement across the Kenya-Uganda border. Before British colonial forces came to East Africa and created what would become the modern-day countries of Kenya and Uganda, there were no strong centralized states. Instead, the primary political structure of the people in the region was the ethnic community. It was through the ethnic community that people built their governments and laid claim to territory, with some polities described as operating “almost at a comparable level with modern states.” While many of the groups in the Cluster claimed a bounded territory, the territory was not the legitimizing force behind political authority, and as these groups were pastoralists, the borders were more fluid.
As one can imagine, the traditional borders of these pastoralist groups do not align with the British-made Kenya-Uganda frontier, and the international border today is often crossed during livestock raids and in search of pasture. A 2019 paper by a team of Kenyan researchers found that in the Kenyan-Ugandan border zone, the “traditional concept of borders—as defined by physical features and historical memories—still govern the movement of the pastoralists.” This movement is often necessary to keep herds alive in times of drought. A United Nations Development Programme (UNDP) brief even went as far as criticizing the “artificiality of state borders” as a constraint to pastoralism in the Karamoja Cluster and, by extension, the wellbeing of pastoralists.
The pastoralists in the Karamoja Cluster are not passive in this process; the UNDP brief emphasizes that the pastoralists have never accepted these national borders. Their continued use of traditional forms of security, governance and borders, as well as their resistance to this new form of sovereignty, are the primary reasons that “the nation-state still exists as an unaccomplished project in the [Kenya-Uganda border] zone.” Both the Kenyan and Ugandan governments, along with the British before them, have attempted to assert their sovereignty over this region. Yet the assertions have “yielded minimal results on the ground.” In short, though the people in this region are claimed as members of States, they have never been fully brought under its control. As pastoralists often disregard Westphalian borders and its notions of territoriality, their movements amount to an assertion of their own autonomy and sovereignty.
Map of the Karamoja Cluster across South Sudan, Ethiopia, Kenya and Uganda. Cartography updated from Figure 1 in “Introducing pathways to resilience in the Karamoja Cluster.”
The most legible assertion of autonomy by these groups was a Peace Accord between the Turkana of Kenya and the Matheniko of Uganda. The 1978 Lokiriama Peace Accord put an end to what had become an uneven power relation in cattle raids following a ban by the Ugandan government on the carrying of weapons. These inter-group raids are a longstanding practice in the Cluster but have become increasingly deadly with the introduction of firearms and further incentivized by a growing commercial black market for cattle. In the signing of the Accord, the two groups conducted international affairs, something typically reserved for states in the Westphalian system. Both groups have since used their alliance to cross into the territory of the other and skirt restrictions imposed by either government. This directly undermines the sovereignty of these states and shows that the pastoralists had sufficient sovereignty to create an international agreement related to cross-border movement.
That being said, Kenya and Uganda still can and do assert their control over the border. A clear example of this is restricting people from entering their territory with weapons. In 2023, the Ugandan government passed an executive order banning Turkanans, one of the large pastoralist groups in Kenya, from entering Uganda with guns. Direct statements by the Turkana are hard to come by, but a quote by one Turkana elder in the wake of this new executive order may hint at their political position: “We want to be allowed back to Uganda to graze our animals, we were born pastoralists, and we have no borders, will die as a pastoralist not Ugandan or Kenyan.” In this statement the elder is refuting the right of the state not only to impose borders and control his movement but to claim him as a member of the nation, identifying instead as a ‘pastoralist’. For this elder, his movement across the international border is based on a political view that disputes not just the sovereignty of Kenya and Uganda, but the entire philosophy of Westphalian sovereignty and borders.
The categorization of this situation is further complicated by the fact that the Kenyan and Ugandan governments have signed a Memorandum of Understanding (MoU) which allows for the free movement of unarmed people across the border. In some ways, this MoU formalizes the shared sovereignty between pastoralists and the Kenyan and Ugandan governments and brings their movements into the Westphalian system. With an open international border, the pastoralist groups can continue to assert their own boundaries, as they traditionally have done, without officially infringing on the sovereignty of the states. As scholars have concluded that neither government has been able to exert ‘supreme authority’ in the region or over the border for extended periods of time, it suggests that sovereignty is shared with the pastoralist groups of the Karamoja Cluster.
The current situation along the Kenya-Uganda border makes the most essential question of our research difficult to answer: what are the sovereign limits of each country? How does one map two Westphalian states who claim contiguous areas but whose control on the ground is shared with groups who hold an incompatible form of sovereignty with ‘no borders’ or, at minimum, a different understanding of borders. Sometimes a written piece like this one is needed to express what a map cannot when Westphalian sovereignty is tenuous at best.
Akwesasne and nested sovereignty along the Canada–United States border
For more about the established interantional boundary bewteen Canada and the United States, see our Boundary Brief.
The Mohawk community of Akwesasne, which is split by the Canada–United States international boundary, is another indigenous group experiencing conflict due to Westphalian sovereignty, but in a different context. The discussion of this border community serves as a complement to the Kenyan–Ugandan frontier because the sovereignty and border regime is marked by a much larger degree of direct government involvement. Together they show how Indigenous sovereignty can impact borders in a range of historical and political situations.
As in the Karamoja Cluster, the assertion of Indigenous sovereignty in Akwesasne, the largest Mohawk community, creates a border regime that is not entirely in the control of the States. Akwesasne is divided into three reservations in different jurisdictions: Kawehno:ke (or Cornwall Island) in Ontario, an area in Quebec, and an adjacent area in the United States. Kawehno:ke is connected by bridges on either side to non-reservation land. The area in Quebec is cut off by rivers on two sides and only accessible by land from the United States. The part of Akwesasne in the United States is well connected to surrounding areas in the US.
A map of the Akwesasne territory divided between two Canadian states (Quebec and Ontario) and New York, US, from Akwesasne Travel.
Between the US and the Quebec sections of Akwesasne, border control stations are conspicuously absent, allowing for an unimpeded flow of people across the otherwise well-regulated international boundary. A journalist visiting the area found himself struggling to keep track of how many times he crossed through what are termed ‘unstaffed road crossings.’ For someone traveling in Akwesasne, the Mohawk community could be seen to supersede Canada or the US, merging two distinct states into a single, non-Westphalian entity.
This alone points to an atypical border regime but there is an example of an even clearer assertion of sovereignty by the Mohawk. In 2009, Canada implemented a national policy where border agents were required to carry guns. Mohawks in Akwesasne protested this policy change with the Chief saying:
“[The Canada Border Service Agency] is a foreign oppressive force who occupies our sovereign community and territory. [They are] unwelcome, uninvited and now carrying firearms. For lack of a different description, that is considered by some an act of war.”
The night the policy went into effect, Mohawks gathered at the Canadian border station on the island in protest, and the agents stationed there left their posts. The station was never staffed again. After talks between Mohawk leaders and the Canadian government a new border crossing post was built beyond the reservation. That is, the Mohawk were able to assert their sovereignty over Kawehno:ke. Through their protest the Mohawk were able to deny the State the right to (1) carry weapons, and by extension use force, on their territory, and (2) effectively control the movement over their border. This is only made more salient by the Canadian government’s acceptance of these assertions, as shown through the construction of a new border post.
Out of this process came a hard-to-categorize border situation between the United States and both portions of Akwesasne in Canada. When a person drives from the US to Kawehno:ke or Mohawk territory in Quebec, they enter Canada without going through border control. They could go shopping, stay a few nights with a friend, and return to the US without ever coming in contact with Canadian border services. If you didn’t know any better, you may think that you are only entering Mohawk territory and not Canada. An Akwesasne resident could grow up regularly crossing the border without ever having their movement controlled by the State. This community serves as an example of what some call ‘nested sovereignty,’ a product of the reservation system used in the US and Canada. Audra Simpson, a Mohawk scholar, argues that nested sovereignty “has implications for the sturdiness of nation-states” because the Westphalian system does not allow for overlapping sovereignty. One can see that clearly when the nested sovereignty crosses an international border.
The example of the Kawehno:ke border crossing in many ways falls into the Westphalian system: it is a group (the Mohawk) asserting their sovereignty and monopoly on force in a bounded territory (a reservation). A crucial departure within the Westphalian framework is that the Mohawk are not internationally recognized as sovereign. Yet there is another departure, the political ideology of the Mohawk. Taiaiake Alfred, a Mohawk scholar, frames the issue of Indigenous struggles for autonomy as follows: “We already are sovereign in the philosophical sense, so to reorient ourselves in order to enter a form of relationship with a state, we have to sacrifice part of who we are.” Alfred sees the bases of Westphalian sovereignty as “abhorrent to an Indigenous philosophy and worldview.” But how can you map philosophical sovereignty? In order to retain some autonomy in the face of colonialism, Indigenous people in North America have, in some instances, chosen to engage on Westphalian terms. We can see this process through the Kawehno:ke border crossing and the reservation system as a whole. This process has taken place in the context of conversations in Indigenous communities about whether this is the right path for a group whose philosophy and sovereignty claims are based on an incompatible set of principles.
Much like in the Karamoja Cluster, the interactions between the Akwesasne community, Canada, and the United States have related to territorial boundaries and how to manage two irreconcilable notions of sovereignty. In both these cases, claims by Indigenous people of their own sovereignty has impacted cross border movement by limiting the role of the state in regulating it. These processes show how Indigenous assertions of sovereignty continue to impact border regimes in a variety of contexts and levels of state control, and how international relations and border regimes cannot be fully explained in the context of the Westphalian system nor solely on the basis of Indigenous sovereignty.
The cases outlined here are part of a multifaceted history where contesting Westphalian sovereignty is as old as the system itself. The Westphalian system was created through interactions with Indigenous concepts of sovereignty and the continued interaction between the two may be a useful nexus to understand future developments in the system of international relations and borders. Lastly, it is important to give a voice to the people who have had their ability to access land, and through that their livelihood, curtailed through the colonial system and the Westphalian sovereignty that came with it.