Strong Case for Somaliland Recognition
Talks or no talks our Sovereignty is neither for discussion nor
compromise . . . Following the costly reclamation of our
independence and in view of Somalilanders’ desire for self-rule, we
do hereby ask the world to respect our people's decision and
recognize Somaliland as a free country with full membership at the
United Nations.
President Ahmed Mohamed Mohamoud (Silanyo)
The Republic of Somaliland reasserted its independence from Somalia
on May 18, 1991. Since then Somaliland has demonstrated the
characteristics of a robust democratic state: government composed of
three branches—the executive, the legislative and the judicial—to
ensure the separation of powers; numerous free and fare elections at
both the national and local levels; three contending political
parties; free media; freedom of association, assembly and speech;
its own currency and passport. Therefore, the people of Somaliland
are rightly anticipating from the international community to grant
their well-deserved recognition.
In addition to its unmatched democratic triumphant in the Horn,
Somaliland has satisfied all the requirements of statehood: first,
the union between Somaliland and Somalia was, and still is, legally
nonbinding; secondly, Somaliland fulfills the prerequisites of
statehood under international law; thirdly, Somaliland satisfies
Article 4(b) of the African Union Charter regarding the legality of
its border; fourthly, Somaliland’s case for recognition resembles
other breakaway states around the world; and lastly, the political
reasons, rather than legal reasons, that hinder Somaliland’s
recognition.
Legally Nonbinding Union
Some individuals erroneously claim that Somalis were one unified
nation before the arrival of European colonies. This explanation is
unsubstantiated at best and fictitious at worst when one closely
examines the historical trajectory of Somaliland and Somalia. Prior
to the colonial era, Somaliland and Somalia were two separate
territories devoid of any form of unifying authority or association.
Any contact between the two territories was virtually nonexistent,
as Somali history, poetry and folklore repeatedly attested.
Nevertheless, the recent unprecedented hasty merger between the two
independent states (Somaliland and Somalia) was enthused by three
interrelated factors. The first factor was the realization of
diverse Somali clans having common language and religion with other
distant clans. The second cause was the annexation of the Reserved
Area and Haud to Ethiopia in 1954, which assisted provoke Somali
resentment against European colonies and Ethiopian occupation. The
third aspect was Somaliland’s delusional pursuit of the hollow dream
of “Greater Somalia” irredentism.
After Somaliland gained its independence on June 26th, 1960,
thirty-five states (including the U.S., the UK, Egypt) recognized it
as a sovereign state. Alas, Somaliland had enjoyed only five days of
statehood. Delegates from Somaliland and Somalia agreed upon the
unification of the two independent states. On June 27, 1960, the
Legislative Assembly of Somaliland immediately crafted and passed
the Act of Union and sent it to Somalia anticipating excitedly that
their counterpart would follow suit. However, the representatives of
Somalia have never signed the treaty. Rather, on June 30, 1960,
Somalia crafted their respective Atto di Unione treaty, which was
drastically different from that of Somaliland. Neither Somaliland’s
Act of Union nor Somalia’s Atto di Unione was ever singed or
formalized, which rendered the treaty null and void under
international law.
What took place was that the elected Provisional President issued a
presidential decree intended for the formalization of the union
between the two independent states. However, the presidential decree
was not singed into law either. Under Article 63(3) of the new
Constitution, a presidential decree ought to be presented to the
National Assembly for conversion into law within five days of its
publication. If the decree is not signed into law within five days
“it shall cease to have an effect.” Therefore, the union of
Somaliland and Somalia does not have any legal legitimacy. This
helps smooth the progress of Somaliland’s quest for recognition.
However, this is not the only requirement that Somaliland needs to
satisfy. Under international law, there are certain prerequisites
that an aspirant state ought to fulfill.
Prerequisites for Statehood under International Law
On December 26, 1933, a convention held in Montevideo, Uruguay
titled Montevideo Convention on the Rights and Duties of States
established the standard definition of statehood under international
law. The Convention stipulated four prerequisite elements that an
aspirant state ought to posses: (a) a permanent population, (b) a
defined territorial boundary, (c) a government, and (d) an aptitude
to enter into relations with other states. Accordingly, any
applicant state that manifests the aforesaid four elements is
considered, under international law, a sovereign state. In light of
Montevideo standard, let us examine whether Somaliland fulfills the
aforesaid four prerequisite elements for statehood.
Somaliland possesses permanent population in excess of 3.6 million
people, of which 97.1% participated in the referendum on May 31,
2001 affirming the independence of Somaliland. Second, Somaliland
occupies conspicuously definite territory with an area of 137,600
km2. The country is surrounded by neighboring countries of Ethiopia
to the west, Puntland to the east, Djibouti to the northwest, and
Gulf of Aden to the north. Third, Somaliland has democratically
elected government consisting of three branches: the Executive
branch which comprises a President, Vice President, and Cabinet;
bicameral parliament composed of The House of Elders (Upper Chamber
or Golaha Guurtida), The House of Representatives (Lower Chamber or
Golaha Wakiilada); and independent judiciary (Maxkamada). Through
free and fair elections, Somaliland has successfully constructed the
first democratic state of its kind in the Horn of Africa fusing
traditional institutions with modern political institutions. Fourth,
Somaliland has entered bilateral and multilateral relations and
co-operations with other states such as relations with Ethiopia,
Djibouti, Kenya, Ghana, UK, Belgium, France, South Africa, to name a
few. This demonstrated vividly that Somaliland fulfills the
Montevideo standard of statehood. Despite its legally nonbinding
position and the fulfillment of statehood prerequisite under
international law, critics still raise the oft-repeated question
concerning the legality of Somaliland’s current border. The answer
to critics’ inquiry clearly lies in the African Union Charter.
Inviolability of Somaliland Border
Some people attempt to dispute the legality of Somaliland’s border.
They assert that the border between Somaliland and Somalia should be
disregarded because it was created by colonial powers. This
repetitive absurdity has numerous profound historical and legal
blunders. Historically, as I have explained in my previous article
What Went Wrong? Why southern Somalia Failed and Somaliland
Succeeded? majority of Somalis were, prior to the arrival of
European colonizers, nomadic pastoralists and few agro-pastoralists
sparsely scattered over a large areas wherein miscellaneous rival
clans inhabited and safeguarded their respective, defined and,
sometimes overlapped, territory/ies. As such, Somalis were not
united as one nation in pre-colonial era. Therefore, the border, or
rather borders, between clans have existed prior to colonial epoch.
Legally, however, the border that exists presently between
Somaliland and Somalia is defined formally by the African Union
Charter. Article 4(b) of the African Union Charter in its Resolution
AHG/Res. 16(I) on “Border Disputes Among African States” which “The
assembly of Heads of State and Government meeting in its First
Ordinary Session in Cairo, UAR, from 17 to 21 July 1964,” solemnly
adopted states that all member “States pledge themselves to respect
the borders existing on their achievement of national independence.”
The clause stipulates that the borders that existed at the time of
independence should remain the official borders between African
states. Consequently, since Somaliland’s border existed at the time
of its independence, it is, according to the AU Charter, legally the
official border between Somaliland and Somalia. This demonstrates
that Somaliland satisfies Article 4 (b) of the African Union
Charter.
Other Breakaway States
Reasserting independence is not a new phenomenon. There were, and
still are, countless countries that reassert their independence from
their respective union. Most, if not all, of the subsequent cases
resemble Somaliland’s quest for recognition. On July 09, 2011
Republic of Sudan declared its independence from Sudan; East Timor
withdrew from Indonesia in 2002; on December 25, 1991, the Soviet
Union dissolved into fifteen states, Latvia, Estonia, Lithuania,
etc; Macedonia and Bosnia seceded from Yugoslavia; on 1990s the
Socialist Federal Republic of Yugoslavia disintegrated into
Slovenia, Croatia, Bosnia and Herzegovina, Macedonia, Montenegro,
Servia, Kosovo, Vojvodina; Eriterea seceded from Ethiopia;
Senegambia was dissolved into Senegal and Gambia; The Mali
Federation dissolved into Mali and Senegal. Therefore, Somaliland is
not different from any of the aforesaid cases. It fulfills and
satisfies similar requirements that permitted the aforesaid states
to secede. If this is the case, why then Somaliland is not
recognized yet?
Political Reasons
The preceding clarifications demonstrate vividly that Somaliland
deserves recognition due to its historical as well as legal grounds.
Nevertheless, this raises the subsequent question: if Somaliland was
independent state in 1960; never united with Somalia legally;
regained its independence in 1991; satisfies all the requirements of
statehood under international law; has its own borders according to
the African Union Charter, why, then, is it not recognized by any
state? The primary, or rather the only, rationale that Somaliland is
not recognized hitherto is apparently political reasons, rather than
legal reasons. The main concern of most states, especially African
states, is an irrational fear of opening a Pandora Box of
secessionist aspirations across the continent. However, this concern
is unfounded due to the aforementioned breakaway states across the
globe. It is high time therefore for the international community to
recognize Somaliland.
Abdi Hussein Daud
Minneapolis, MN
The author has obtained B.A. in Political Science/Global Studies
from the University of Minnesota and currently pursuing Masters in
Health and Human Services Administration at Saint Mary’s University
of Minnesota. He can be reached at:
abdihdaud@yahoo.com
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