1. Abstract
On
May 18 1991, the ex-British Somaliland Clan Representatives and Somali
National Movement (SNM) leadership had collectively and enthusiastically
proclaimed that Somaliland British protectorate restored its
independence and political sovereignty. This dissolution of 1960 merger
was nonviolent, accurate, applicable and timely. Therefore, this paper
is very much arguing that Somaliland‟s case of rejection and withdrawal
from the abortive and unrepresentative merger is historically,
politically and legally justifiable. It also argues that the driving
forces behind this decision included the need to achieve justice,
equality, democracy, as well as, the creation of credible freedom for
Somaliland citizens and durable peace in the Horn of Africa.
2. Introduction
It
is worth to mention that the Somali irredentism, and the whole concept
of dreaming of Greater Somalia aborted immediately due to many obvious
and valid reasons including but not limited to political miscalculation,
lack of consultative dialogue between the two States, lack of proper
preparation and analysis of the significance of the Union and inadequate
investigation of all possibilities and contemplation of what is
workable, that is why the process failed to create “Legitimate Union
Platform” which could attract the rest of the three Somali regions,
namely, the Northern Frontier District (NFD) of Kenya, the Haud and
Reserve Area which is currently known as the Ogaden or region five of
Ethiopia and French Somaliland which is now called Djibouti. It is now
widely acknowledged that the unsuccessfully organized Union of the two
States of British Somaliland and UN Trusteeship Territory of Somalia had
only brought marginalization, injustice, inequality and relentless
structural violence which forced the citizens of Somaliland to live in a
brutal, impoverished and oppressive environment. The failed dream was
to bring the five Somali speaking regions under one country and flag,
that is what the five stars on the failed flag stood for.
The Union
scheme was initiated by the people of Somaliland on their own, whereby
neither Somalia nor the international community had any primary
influence on Somaliland‟s proposal of the failed dream. Somaliland was
the first region to hoist the blue flag with the white star in the
middle; four (4) days later Somalia adopted the same flag. When the two
states merged on 1st July
1960, there were significant differences between the two states in
terms of political attitudes and sentiments, the divergent colonial
experience and backgrounds whereby Somaliland was under protectorate and
Somalia was under UN trusteeship with Italy as “care taker”.
Other
important factors included the emotionally driven decisions of
Somaliland, the absence of Union treaty registered at the UN Security
Council and the short sightedness of the Somalia political leaders
compared to Somaliland. Nonetheless, it is irrefutable that Somaliland
had long standing legal argument against unification of 1960 including
the fact that the majority of the people of Somaliland rejected the
Union with Somalia during the Referendum of the Constitution in 1961. Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 4
It
is regrettable to point out that there are some countries that have
dogmatic view against Somaliland‟s case of independence; these include
the Arab Republic of Egypt, as well as, other Arab League Nations, who
played a fundamental role in order to retain at all costs the Union
between the Republic of Somaliland and Somalia. There are also few
African countries that hold similar positions to Arab world. As such, I
would like to remind the Arab League particularly the new Egyptian
government to take note of the Arab Awakening, which is heralding a new
era and advice it to review its former policies and diplomatic relations
in the Horn of Africa, particularly the case of Somaliland and Somalia.
Instead of holding onto myopic notions, misapprehensions and dogmatic
concepts that no longer hold in today‟s world, the realities on the
ground should be viewed through proper lenses lest we stray from the
right path (Barawaani 2012).
In 1958 a Pan-Somali Conference was called
in Mogadishu at the proposal of the Somali National League (SNL), which
was the main nationalist movement of British Somaliland in order to
discuss the unification process and terms. Soon after the Conference
started its deliberation in Mogadishu, the Somali Youth League (SYL) –
the main ruling party of the government of the UN Trust Territories of
Somalia, who were alarmed by the trend and the flavor of the debates, as
well as, the Agenda of the conference recommended to their government
to stop the conference altogether.
The Conference was deliberating and
proposing the idea of establishing a gradual and systematic unification
between the two territories that will take an interlude of years, as
well as, preparing legal agreement to be signed by two main parties of
the two territories namely SNL and SYL in order to agree to form a
“Provisional Government” based on the arithmetic of “Equal
Proportionality” between the states once the independence is achieved
for both jurisdictions. Just before the second sitting in the following
day was called to order and discussions started on the process of
mapping out the legal methodology whereby the future unification of the
two states may be contemplated, the police entered the conference hall
were the meeting was taking place and evicted the gathered delegates and
brought the conference to an abrupt end (Mohamed I. Egal 1997).
As a
result of this failed union the people of the North of Somalia
encountered human rights violations, which many believe was at the scale
of ethnic cleansing, whereby acts against humanity were committed from
early 1980s up to 1990. During the course of the 1988 civil war, 50,000
people were killed and another 500,000 were forced to flee from their
homes to Ethiopia. Government forces also laid over a million unmarked
land mines in the Northern territory (Somaliland, 2001).
In the light of
these tragic historical events, the people of Somaliland revoked the
illegal union which was the only viable option to pursue according to
the overwhelming majority of the population. Ultimately the unilateral
decision of Somaliland to assert its independence obtains extensive
justifications in regards to international law, because of the fact that
the union did not get ratification from AU and UN Security Council, in
other word, no agreement or legislation signed by the two States that
merged exists, which can serve as an international treaty to bind
Somaliland or Somalia. The theory of unilateral secession requires three
elements: namely, that Somalilanders are defined as “people”, that the
Somali government subjected them to serious human rights violations, and
that no other viable options exist (Aaron 2010) Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 5
3. Historical Aspects:
Though
many theoretical approaches explicitly tend to emphasis how the
practical unification came about, the historical and political question
is, whether the unification of the two countries legitimate and endorsed
by both sides to ratify it. As lot of scholars, intellectuals,
prominent international figures and those who witnessed the occasion
verified that the merger between British Somaliland and Italian Trust
Territory of Somalia on 1st July in 1960 was neither ratified mutually
nor followed the mode of an International Treaty.
Eventually these
historical facts are all indicating the fact that the union that
collapsed in 1991 constituted an invasion of Somalia over Somaliland,
which was to last until Somaliland defeated and reversed this invasion.
This took many years to accomplish, particularly, the 11 years from 1980
to 1991 whereby an armed struggle defeated the invasion militarily and
led to the collapse of the union, which lacked legitimacy to exist, any.
After, the failure to legitimize the Union; the representative Assembly
of Southern Somalia approved the Atto di Unione (Act of Union) in
principle, which was significantly different from the Union of
Somaliland and Somalia law (Carroll and Rajagopal, 1993).
Rationally,
those who are advocating for the long dead slogan of Greater Somalia
must review the political, social and historical evolutions commencing
from the unbinding Union of 1960 up to 1991. It is quite obvious that
the people of Somaliland will never, ever accept again the idea of the
so-called Greater Somalia whether it comes in the disguise of unitary
state, federal or con-federal State. The backslapping approach from
Southern people and irrational unionists are under buoyancy of ignorance
and imprudence. In contrast to the long held presumption that Somalis
form a uniform society, the people of Somaliland consider themselves as a
unique indigenous society who had a lot of distinct characteristics.
There are specific cultural, social, economical and political attributes
which people of Somaliland differ from those of Somalia. Even
linguistically; there are a lot of dialect differences between
Somaliland and Somalia, which means that the two nations have enormous
dissimilarities based on social, cultural, political history, customs
and language. Somaliland has shown itself to be a beacon of hope for the
Somali speaking territories, the Horn of Africa and the African
continent in general. Somaliland has also convincingly demonstrated and
established the moral, legal and historical basis for its pursuit of
gaining international recognition and political sovereignty.
On the
other side, there are baseless arguments suggesting that Somaliland‟s
recognition will lead Somalia to further disintegration and civil wars;
on the contrary, there are lots of evidence indicating that Somaliland‟s
separation and de facto recognition is explicitly and fundamentally
contributing to peace and stability in Somalia. For example, both in the
past and currently Somaliland had hosted a lot of refugees, business
people, ordinary families, Diaspora, elites, women, youth and children
from Somalia. They are all protected, respected and welcomed to take
advantage and utilize Somaliland‟s sovereignty and statehood. Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 6
It
should be made clear that Somaliland‟s sovereignty and its anticipated
international recognition is not a threat to anyone in the region but
constitutes a peaceful option chosen and decided on by its people and
political leaders. The Federal Constitution that is put together in
Mogadishu in 2012 has ushered in a new fragmentation of Somalia which is
a new political phenomenon that Somaliland cannot be associated with,
since Somaliland was a solid entity with its borders and frontiers prior
to merger in 1960.
During the colonial era, the British Empire had been
dealing with the traditional elders but later engaged the newly
emerging political class. The Government of Great Britain and Northern
Ireland had advised caution on the union and tried their best to
dissuade the Somaliland leaders prior to the termination of the
protectorate. In the discussions between the Government of Britain and
Somaliland delegates on 12th May
1960 in a meeting held in London there was a significant advice against
the union by the Government of Britain to the successor Government in
Somaliland after the termination of the protectorate, but the delegates
from Somaliland did not take this advice into account, and now
Somaliland is committed to rectify the mistakes made in 1960.
Moreover,
the Somaliland people were not equipped to assume self-governance
compared to the Trust Territory of Somalia, which had been receiving
apprenticeship and training under the UN Trusteeship during the ten
years of preparation. Of course there were political parties and civic
movement against British administration in Somaliland. In this
background most African statehood and governance structures were based
on colonial and externally driven agenda and inherent notions of
colonial Empire. One must acknowledge that regaining Somaliland‟s
independence, sovereignty and statehood are pursuant to the historical
experiences that began many decades under British protectorate and de
facto statehood; as such no one can shroud and grind down this political
and societal momentum.
There
are historical and social facts and views that are instructive in the
demise of the formation of greater Somalia once more: These include the
memory of mass graves, deliberate domination, inequality, oppression,
and injustice. People still remember how the union engulfed Somaliland‟s
nationhood, statehood and livelihood, remember the loss of our
independence in the exchange of bloodshed, atrocity, imbalance and
mysterious circumstances. In the theoretical and historical dimensions,
it should be rediscovered that the primary intention of the union was to
attain the five geographic
territories into which the Somali people were divided during the
colonial carve up of Africa in the late 19th and early 20th centuries.
The union between the ex-British Somaliland Protectorate (present day
Somaliland) and the ex-Italian Administered UN Trust Territory of
Somalia (present day Somalia) to establish the Republic of Somalia in
1960 was only the first step towards the realization of Greater Somalia,
(which was to also include the Northern Frontier District [NFD],of
Kenya, Djibouti and the Somali-populated 5th Province of Ethiopia).Unfortunate
this notion had failed whereas two of them formed Somali Republic –
Somaliland British and Italian Somalia in July 1960. In the aftermath of
the failure of that union, as well, Somalilanders voluntarily
established their own political system by utilizing their deeply rooted
traditional institutions together with Islamic Sharia and colonial
secular laws.
During the Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 7
failed
union the people of Somaliland not only encountered political
marginalization but complete isolation, became the second class of
citizens and finally experienced ethnic cleansing. Following the desire
expressed by the political leaders in both countries, British Somaliland
was hastily prepared for independence so that it could seek the union
with Somalia when the latter became independent in 1960. The British
protectorate became self – governing on 26 June, and on 1 July 1960
joined Italian Somalia to form the Somali Republic under a government
constituted from those then in power in the two territories (Lewis,
2011).
As Lewis has stated in this point, there were two countries or
entities that formed the Somali Republic, whereby one of them after 32
years denounced and decided to withdrawal and revoke the union on the
basis of self – determination and regain independence. In alignment with
international norms Somaliland decisively demonstrated its compliance
with and domesticated universally recognized human rights instruments
and other binding regional and international accords, in order to
institute good practices which are not contrary to Islamic principles.
Today in Somaliland there is a sense of National Identity, Trust, Common
Interest and Common Destiny. By and large, there are various
hypothetical expressions about the failed merger which tend to overlook
the essence of the union and its pro-longed negative consequence for
Somaliland. In reality, Somaliland„s reassertion and proclamation of its
sovereignty as an independent entity was a successful political
exercise whereby the people of Somaliland moved to the right direction
otherwise the region would have remained insecure and eventually end in
disintegration.
Despite many positive international scholarly views
towards Somaliland search for international recognition, there are few
pessimistic individuals or unionists who imprudently criticize
Somaliland‟s withdrawal simply because either they do not know the
history of the political union or ignore realities on the ground. There
are some minority of the unionists who have explicitly indicated
arguments based on regionalism without considering the history and
political evolutions that Somaliland experienced for more than five
decades. From this perspective, their argument is unduly supporting the
integrity of the nation with the background of tyranny, injustice and
gigantic blunders.
It
is now recognized that the union motive was fraught with
thoughtlessness, impractical and emotional decisions that were driven by
grandiose nationalism which far from the realities and beyond the facts
on how a nation can be converted into state with a common destiny.
Despite this gloomy history of the union, Somalilanders succeeded to
establish a democratic State, created atmosphere of social services,
built up internal solidarity, political platform and contributed to
regional and international security, trade and international political
debates on issues pertaining to piracy and security. Hence, the people
of Somaliland finally jettisoned the false and unrealistic dream of
Somali-weyn or what is termed as the union of the five regions of Somali
speaking nations. On the other hand, it is quite apparent that Somalia
now is as an international protectorate that extremely reliant on
African Union Troops, United Nations Political Office for Somalia,
regional organizations and international powers for its existence and
support.
However, Somalilanders are very optimistic that Somaliland and
Somalia can establish political Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 8
and
economic relationship as two independent states. They also believe that
Somaliland‟s case of withdrawal is a breathtakingly legitimate
evolution from erstwhile British Somaliland and its citizens‟ political
aspirations. On the basis of this historical background and analytical
views, both Somalilanders and non- Somalilanders must confess to the
horrendous mistakes committed in the course of the Union of 1960.
We
must admit that Somaliland’s regaining of independence and sovereignty
was a remedial and conscious decision that materialized out of the
citizens of Somaliland prompted by their bitter struggle through
military and political consensus. Somaliland‟s withdrawal from the
failed Union of the Somali Republic was valid, original, credible, and
unassailable. Today, anyone who appraises and tries to describe
Somaliland instantaneously witnesses the encouraging facts of life that
include significant human and economic development, free-market
enterprise, political freedom and democratic space, civic participation
and harmonization between the traditional indigenous culture and modern
statehood structures. Looking at further illustration about Somaliland‟s
political and territorial history, Somaliland‟s territory is defined by
three colonial treaties signed between the British on the one hand, and
French (1888), Italians (1894) and Ethiopians (1897) on the other.
(Time for African Union Leadership, 2006) It is worth mentioning that
this Union between British Somaliland and Italian Somalia was first and
foremost on voluntary basis and without any conditions.
It was an offer
from British Somaliland thus the two state mergers had never, ever been
endorsed by an agreement. Therefore, from this point of view, the people
of Somaliland had serious concerns over the union from the onset and
demonstrated their complete dissatisfaction over the power sharing
process and the imbalance between the two states. It is because of this
that the people of Somaliland have voted overwhelmingly against the
referendum of the constitution of Somali Republic in June 1961.
These
events had revealed the level of resentment of the people of Somaliland.
In the meantime, the demise of cold war era in1990 was an exceptional
opportunity that caused the collapse of many dictatorships and communist
regimes such as the Soviet Union. This political scenario offered
Somaliland an opportunity to revoke deceptive and unbinding Union of
1960, whereby in May 1991 the Somaliland Traditional elders from all the
clans of ex- British Somaliland declared the restoration of the
independence of the Republic of Somaliland. It was a historical event
that had saved the lives of many civilians and also prevented
retaliation by the victorious forces against those that opposed them; it
was a historical move that has laid the profound foundation of the
State, as well as, nation building and the restitution of the
sovereignty that was lost 32 ago. Thus the independence of Somaliland
had ended 32 years of marginalization, unrepresentative and
authoritarian, as well as, failed merger of the Somali Republic. Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 9
Throughout
the cold war, secession was taboo in the state – centric international
system. However, the breakup of the Soviet Union, Yugoslavia and
Czechoslovakia, the independence of Eritrea and East Timor, as well as,
the recent developments in Kosovo seems to have weakened the principle
of inviolable state boundaries. From one point of view, these events may
have far- reaching repercussions for Africa where borders are generally
considered to be more arbitrary. However, there is no other area in
Africa which is closer to possible secession than the northern region of
Somalia – an area whose boundaries largely correspond to the former
British Protectorate of Somaliland (The viability of Somaliland, 2002).
Furthermore, Somaliland has made remarkable achievement in
democratization process, leadership succession and nation building,
maintenance of peace, security and promotion of social cohesion, and
accommodating social and political difference in a pluralistic approach.
To understand Somaliland‟s claim to independence it is essential to
recognize that Somaliland is a legacy of European colonialism: before
the colonial partition of the Horn of Africa region, Somalia did not
exist. The present day borders of Somaliland follow the borders of the
former British Somaliland Protectorate (Bradbury, 1997).
4. Political Aspects:
Somaliland‟s
case of statehood is politically legitimate, based on the series of
major political events that start with the 1991 Burao Traditional Elders
Conference which officially declared that Somaliland British
protectorate reassertion of its independent sovereignty; the 1993 Borame
conference which reaffirmed that the independence and self
determination made by people of Somaliland is irreversible and
non-negotiable; and finally through constitutional democracy which was
unanimously ratified through the referendum of 2001. This referendum
legitimized the establishment of a democratic state with hybrid system
based on power sharing, consensus building and political inclusiveness.
Secondly Somaliland has successfully demonstrated all the necessary
political attributes including diplomatic credence, bilateral relations,
defined territory and contribution to regional and international
security. There is a vast and growing interest by the international
community to see Somaliland remain peaceful, separate, independent, and a
democratic nation given that the neighboring countries in the Horn lack
such open and free political competition based on multiparty system.
In
the recent past, the international community seems to be very much
realistic about the issues pertaining to Somaliland and Somalia, for
instance the London Conference in Feb – 2012, outlined the status and
political demarcation between Somaliland and Somalia and the
international community encouraged both sides to talk as Somaliland and
Somalia. Thus, both sides pursued negotiation meetings held in UK and
Dubai in 2012. In regards to international community presence there are
various diplomatic representatives such as Ethiopian Embassy, Demark
bilateral Office, UK consultant Office, EU Office, as well as, other
irregular personalities.
The fact that the “union between Somaliland and
Somalia was never ratified “and also malfunctioned when it went into
action from 1960 to 1990, makes Somaliland‟s search for recognition
historically unique and self- justified in African political history.
Objectively viewed, Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 10 the case should not be linked to the notion of “opening a Pandora„s box” (AU
Fact Finding Mission, 2005).
It is worth noting, that the African Union
fact finding mission has brilliantly discovered that Somaliland‟ case
of independence is sensible, unique and would not lead to any political
disintegration and new demarcation of bounders of African Union. The
self-determination made by the people of Somaliland was a thoughtful
decision to help the creation of statehood and conditions of political
stability. All peoples have right to self determination by virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development (UN Resolution
1514XV 1960).
Moreover, it was a pragmatic step that helped Somaliland
to tackle its internal political reconstruction, reconciliation and
restructuring. Somaliland is a rare instance in the continent that
managed its post – armed struggle and nation building process by
pursuing indigenous cultural and traditional modalities that reflected
on the domestic context and adopted a participatory approach based on
grassroots engagements, rebuilding social solidarity and historic
cultural ties among clan lines in Somaliland.
Somaliland
is highly committed to the creation of cordial relationship with its
neighboring countries of Ethiopia, Djibouti, Somalia and the Horn of
Africa in general. Meanwhile, many Somalilanders travel to these
neighboring countries and beyond with the Somaliland passport which
signifies that Somaliland has managed to incorporate its solid identity
into the international spheres. It is also clear that Somaliland is more
than qualified to be a state based on the Montevideo1 Convention
which codifies the customary international law for statehood and its
requirements.
Furthermore, Somaliland is located at strategic location
in the Horn of Africa, and has shown political, economical, social and
territorially sustainability. Somaliland has accomplished credible set
of achievements which were all domestically driven by non state and
state actors included Diaspora, business people, religious and
traditional elders.
1 The
Montevideo Convention on the Rights and Duties of States was a treaty
signed at Montevideo, Uruguay, on December 26, 1933, during the Seventh
International Conference of American States. The Convention codified the
declarative theory of statehood as accepted as part of customary
international law
As
professor Hussein Tanzani notes, Somaliland has successfully
established a power sharing system marked by balanced clan arithmetic
proportionality, indirect caucus based elections and consociational
practices from 1991 to 2001 in addition to this, Somaliland has
successfully held five democratic, participatory and competitive
elections in which the voter turnout confirmed the substantial public
interests and without any significant post election violence, except
during the last election of 2012 where some demonstrations caused the
deaths of two young men and few injuries. Some of the core objectives of
these democratic elections were to establish political climate free
from all symptoms of dictatorship, one party rule as happens in many
African countries, and lastly to promote national commitment, political
pluralism and to eliminate the all elements retarding State – building.
Muslims are often asked to choose between democracy and Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 11
stability.
Somaliland shows that there is way to promote democratization without
causing havoc and anarchy. It‟s the most democratic country in the Horn
of Africa (Hussein Adam, 2008). Somaliland‟s pursuit of international
recognition is based on an international obligation to “support good
deeds in order to discourage bad deeds” meaning it is inhuman, immoral
and intolerable for the international community to undermine Somaliland
people‟s inherent rights, identity and political aspirations.
Somaliland„s withdrawal from the abortive union is not an unprecedented
case in the Africa and elsewhere, there are many comparable cases in
Africa and the world in general. Furthermore, it is broadly believed
that Somaliland has got the strongest justification to be recognized as
State. Somaliland‟s quest for recognition is not different from that of
Eritrea and South Sudan. It emerges as a variation of the theme of post –
colonial African liberation struggles for self-determination and/or
democratic autonomy from oppressive centralized power (Iqbal, 2007).
Somaliland‟s search for international recognition will inevitably lay
down all possible diplomatic measures to face complex issues surrounding
it and create fresh interests from regional actors and international
community as whole. The absence of international recognition of
Somaliland is a great mistake by the international community and
prevents state recovery through socio-economic and political
development. Somaliland has a strong base for further progress and the
construction of potentially viable economy, capable to play a positive
role in a step-by-step economic and political process of reintegration
in a democratic Somali society within, and only, within a larger Horn of
African integration process (Adam Muse 2012). Somaliland has definitely
contributed to regional and international political and security
programmes by combating pirates and preventing them from operating in
the long coastline of Somaliland. This is a pragmatic political
commitment that deserves to be supported, recognized and rewarded. This
growing nation has demonstrated many progressive characteristics
including self-reliance, independence and community driven development.
It is a wonder to see every day in the headlines that a new “Road is
being constructing” by civilians with little contribution by the local
and central government, this is a sign of civilization, cooperation and
ownership that Somaliland citizens have achieved. Somaliland is a
country rebuilt by its people without tangible support by the
international community and this momentum has diminished the concept of
dependence which many African nations rely on. Therefore, it is
incumbent on the international community to recognize Somaliland. Any
effort to deny or delay would put the international community at the
risk of ignoring the most stable region in the Horn (Somaliland, 2001).
The
new State of Somaliland was recognized by 35 governments and also
registered by the UN. After only five days of independence, Somaliland
merged with the former Italian colony, the Italian Trust spirit of pan –
Somali nationalism. However, the northern region, as Somaliland is also
called, was dissatisfied with the representation they gained in the
newly formed government. Not only that the capital city was chosen to be
in South, but also that both the president and the prime minister were
Southerners (Harrier Gorka (2011). It was obviously noted that
Somaliland Representatives and National Assembly members encountered
memorable constrains and Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 12
inconsistent
behavior. When Somaliland representatives entered the parliament they
found neither apology nor explanation on the contrary, Somalia‟s ruling
elite changed tactics to keep them in the dark __ they used Italian to
continue their discussion, a language that Somaliland representatives
did not speak. This parliamentary discussion scheduled on a holiday,
failure to inform that Somaliland representative, and the use of Italian
to exclude them from participation underscore for the Somaliland
representatives that their presence in the National Assembly was
unwanted and irrelevant not only on that day but also on all other days.
(Bulhan 2008) However, there are some signs that the international
community is taking Somaliland‟s case seriously. The U.S. Republican
Party has revealed its interest in Somaliland whereby some specific
proposals have clearly indicated how the U.S. is considering the
Somaliland‟s case, such as the proposals which the Advisory Committee on
Africa MITT ROMNEY Presidential Campaign recommended.
1. Press U.N. Security Council to remove Somaliland from U.N. arms embargo
2. Seek to wrest Somaliland from domain of the Somalia and Eritrea Monitoring Group
3. Open U.S. Interest Section Office in Hargeisa, Somaliland, in advance of recognition
4. Recognize Somaliland and then open U.S. embassy in Hargeisa, Somaliland
Sagaciously
this proposal depicted the great political interest of U.S. towards
Somaliland„s case of international recognition, likewise this proposal
is paving the way for other countries to take a valiant political
diplomatic decisions on Somaliland‟s recognition and accelerating viable
diplomatic and economic relations with Somaliland. The international
community, including the EU and the World Bank, has shown considerable
interest in supporting the continued development of Somaliland.
According to the Danish foreign office “It is important to support the
positive progress in Somaliland” (Ministry of Foreign Affairs of Denmark
2011).
5. Legal Aspects:
As
a matter of fact, examining and exploring the Union‟s legality has got
clearest arguments of fallacy marked overall the historical dimensions
of the Union between two states of Somaliland and Somalia. It was proved
that no agreed Act of Union was signed by the two parts but the
intention was there, since Somaliland legislature passed the Union of
Somaliland and Somalia law, therefore, the merger in 1960 was indeed an
impulsive and haphazard Union without solid foundation. No one was
responsible for laying the legal foundation for the Union and
consultations between the State of Somaliland and the Trusteeship
Territory were, at best inadequate (Somaliland, 2001). It was emotional
mode of constructing a Somali Republic from all Somali speaking
territories, with the five points on the flag star representing the five
Somali speaking regions namely, Trust Territory of Somalia, French
Somaliland, Haud and Reserve Area, which is now is called Ogaden, under
Ethiopia administration, the Northern Frontier District (NFD) of Kenya,
and British Somaliland. It was a hallucination, miscalculation and Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 13
political
immaturity to dream of and form an irrational and unworkable Union,
whose crash is now clear from the example of the initial two territories
that failed after having 32 years of Unitary State largely due to
tyrannical leadership. Somaliland comprises the territory, boundaries
and people of the former British Somaliland protectorate, defined by the
following international instruments:
1. The Anglo – French Treaty of 1888
2. The Anglo – Italian protocol of 1894
3. The Anglo – Ethiopian Treaty of 1897
When
the Northern leaders of the attempted coup of 1961 were brought to
trial in Muqdisho before a British judge on charges of treason he
acquitted the officers on the grounds that the court had no jurisdiction
over the state of Somaliland in the absence of an act of Union (SCPD
1999). Somaliland clearly meets the standard criteria of statehood and
conforms to the Montevideo Convention. Somaliland cannot be viewed as a
new country or territory seceding from its parent state but it is
essential to unreservedly understand that Somaliland was a independent
country that had its solid political and colonial history of more than
84 years, whereby in June 1960 got its independent from British colony.
Soon after independence around 35 countries recognized Somaliland as an
independent state before it entered into the failed union with the Trust
Territory of Italian Somalia. In the aftermath of cold war, there were a
lot of new political trends that included self- determinations and
revoking of failed administrations and authorities mostly in Africa,
Europe and Asia. Thus the Somaliland people are among those nations that
regained their political sovereignty and achieved self determination in
the process. Somaliland‟s case is entirely different from many new
territories and countries created over the past years, the fact that
“the OAU consistently permitted states to retrieve their sovereignty
following an unsuccessful union” , such as, Egypt, Gambia and Senegal,
are the point of reference that Somaliland‟s leaders and supporters
stress in arguing for recognition of its sovereign status (M.Iqbal 2007)
Furthermore,
it is crucial to unmistakably appreciate that Somaliland has
progressively domesticated its international obligations which are part
of Somaliland‟s commitment to international duties in order to achieve
international recognition in peaceful and nonviolent means. From this
point of view, Somaliland‟s withdrawal is simpler than that of Eritrea
and South Sudan and furthermore, Somaliland had not only been a separate
colonial unit but actually a separate independent state for five days.
This brief period of internationally recognized sovereignty is what
makes the Somaliland‟s case unique and special and is a legal
justification for dissolution of the union when things haven‟t worked
out (PRETORIA 2003). Finally, the people of Somaliland might choose to
exercise their right to self- determination by opting to secede from
Somalia. However, the Republic of Somaliland has made it clear that
Unity of 1960 was an offer from the North whose inspiration was to unite
the whole Somali – speaking Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 14
territories
into one unitary state. Perhaps, the people of Somaliland were
anticipating this notion of the five regions of Somali territories to be
established in a manner of Equal Political Representation under a Union
legal framework. However, the outcome and impact of this unity was
negative and deplorable at all levels. Somaliland‟s authorities argue
today that they are dissolving an unsuccessful marriage rather than
seeking secession, and that therefore, their case is analogous to the
breakup of (Senegal and Gambia) and the United Arab Republic (Syria and
Egypt). They also draw parallels with Eritrea and Ethiopia and which
gained its de jure independence in 1993 (Kaplan, 2008) From this
standpoint, it is essential to come to terms with this new political
reality that Republic of Somaliland has dramatically and remarkably
achieved by establishing pluralistic and participatory form of democracy
that most African de jure countries failed to sustain. Given the
current political, social, economic and territorial integrity, the
Republic of Somaliland is gradually building economic and diplomatic
relations which is part of its strategic efforts of gaining sound
international bilateral and multilateral relations and rebuilding a
viable economy. Under the declaratory theory of statehood, a region
attains statehood by declaring itself a state, by having a permanent
population, by having a defined territory, by having a government, and
by having the capacity to enter into relations with other states.
Considering each of these factors, Somaliland has a credible argument
that it meets the theoretical requirements of statehood (Aaron 2010). As
Aaron has mentioned under the international law spheres and as many
international personalities commented or revealed the Republic of
Somaliland has all functions and features of de jure state, according to
some analysts Somaliland possess even better and stronger foundations
than some de jure states in the world. Moreover, reclaiming Somaliland‟s
independence which was lost in 1960 and constituting governance
structure of Somaliland was a pragmatic resolution realized by the
people of Somaliland in order to terminate what hadn‟t worked by
exercising their inalienable and inherent rights. In addition, the
people of Somaliland have established this bottom up state-building by
skillfully combining traditional indigenous system and modern political
structures. This new scenario has opened way for a new African political
history. The failure of the Somali irredentism and 30 years of
domination, killing, imprisonment and injustice in the name of Somali
Republic had consciously signaled to the people of Somaliland to cease
the unproductive union entered in 1960. It is generally believed that
the decision made in 1991 has paved the way for rewriting Somaliland‟s
political history by creating acceptable political, economic and social
resilience.
Indeed
it is the responsibility of the international community to pay great
attention to the AU report of 2005 which marked Somaliland‟s case as
unique and justifiable, and other reports produced by internationally
recognized institutions such as International Crisis Group’s Time for
African Leadership in 2006. No one can deny that Somaliland today is
remarkable and Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 15 innovative
story in the Horn of Africa due to its achievement of peaceful
leadership succession, free, fair and peaceful elections and the pursuit
of economic recovery. It was the North (British Somaliland) that had
offered the political concessions to ensure the achievement of unity and
indeed the Republic of Somalia and come about in 1960 because of the
“generous offer“ of the North, propelling the two regions into unity for
which the South was far from ready (Patrick 2003). In the meantime, the
State building of the Republic of Somaliland is taking place before
international recognition is obtained and every Somalilander seems to be
very proud of being a Somalilander with and without recognition. More
currently, the Republic of Somaliland has prevailed to resolve its
internal challenges particularly Eastern regions of Buhoodle, some of
parts of Sool and Sanaag, since the SSC leader was appointed as Minister
of Rehabilitation, while other opponents have also disappeared. It is
incumbent on the government of Somaliland to take a more aggressive
position, especially before the African Union and its individual
members, on the question of international recognition. As of this
writing, the rest of Somalia remains a failed state. In conclusion, this
embryonic state had afforded tremendous challenges over the past
decades and it will conscientiously guard its sovereignty statehood and
integrity.
6. Conclusion:
It is extremely indispensable for the international community to acknowledge the legitimate case of Somaliland‟s recognition and the AU needs to comprehensively review its policy position towards Somaliland‟s case by offering recognition and eligibility for membership in the AU. It is high time that the international community shore up Somaliland to attain international recognition, particularly the African Union which has the primary obligation to undertake all elaborate measures that can facilitate Somaliland to succeed in diplomatic recognition.
The talks between Somaliland and Somalia included some of the imperative steps needed for the way forward, although Somalia still remains unpredictable after the country slowly disappeared over the past 21 years having been engulfed by civil wars and disastrous humanitarian conditions. Somaliland‟s side of these talks is entirely based on the will and aspiration of the people and Somaliland’s Constitution has already outlined the legitimate course of actions premised on the fact that Somaliland‟s sovereignty is nonnegotiable and cannot be revoked. This means that there are clear concepts and ideology that is propelling Somaliland‟s case to be accepted and that any other option may lead the region into renewed volatility.
It should be remembered that the Republic of Somaliland has played a pivotal role in keeping the region relatively stable and peaceful especially the neighboring countries and even beyond the Horn of African.
Ultimately,
it is no surprise that the merger of 1960 ended in failure, since there
was no mutually agreed legal and political principles to be pursued by
both sides, resulting in immediate dissatisfaction of the North and
inequalities that had become a custom accepted as normal way of Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 16 doing
government business, since all political positions where occupied by
leaders from Italian Trust Territory of Somalia without any
consideration for fairness or justice.
In other words, the foundation of the Somali Republic is a good example of the Somali wisdom which says “Hal xaaraani Nirig xalaala madhasho” meaning “An unlawfully acquired camel will never give birth to a lawful baby-camel”. This is a classical insight which enriches some theoretical concepts and interpretations on the nature of the Union and its political and legal attributes. It is precisely these historical and legal references that admit the re-birth of the Republic of Somaliland which is definable and convincible on the Montevideo Convention on Rights and Duties of the states.
The Republic of Somaliland has already demonstrated the attributes that can separate one state from another and it therefore seems incredible that Somalia blindly and invariably continues to claims the representation of what was once called the Somali Republic which the Republic of Somaliland has basically rendered null and void. There are some possibilities and anticipations that the fragility of Somalia, including its regional autonomous mini- states can indirectly affect Somaliland‟s security, but it is also prudent to acknowledge that Somaliland can handle and maintain its security.
The Somaliland government and its people have been aware about the potential challenges and have put in place all necessary structures and milestones across the country. The people of Somaliland are very confident that Somaliland has explored ways and means to retain the country‟s security, deepen peace and stability; ordinary citizens are also the primary driving forces and constitute inexpensive security infrastructure which is present everywhere in the country.
Another plus is the fact that Somaliland is located in a strategic location in the Horn of Africa that suits trade, business opportunities, tourism and can host those who are willing to invest Somaliland. According to many Somalilanders, the frank explanation is that the ending of the union of “the Somali Republic” that malfunctioned for 30 years, and the dictatorial regime that ruled the Somali Republic both scenarios concluded 30 years of invasion against Somaliland into an end.
There are a number of questions arising that need analyses and proper understanding; these include
(i) why and what caused the collapse of the union – which is known to have no legal basis?
(ii) What are the factors that contributed to the collapse?
(iii) Are factors that lead to the collapse still persisting?
These and many other questions would shed light on the nature of opposing positions and forces. It is instructive to note that the endeavor of the union failed within 9 months from the date that two states merged in 1st July 1960, when a group of Somaliland‟s military officials made coup d‟état in 1961 in an attempt to end the union or to abolish the Somali Republic. Right from that moment, because of the failed coup, the imbalanced Somali Republic has become symbolic to domination, since one of the two merged states that formed “the Somali Republic” namely Somalia has begun to invade and occupy the other state “Somaliland.” _______________________________________________________________________________
In other words, the foundation of the Somali Republic is a good example of the Somali wisdom which says “Hal xaaraani Nirig xalaala madhasho” meaning “An unlawfully acquired camel will never give birth to a lawful baby-camel”. This is a classical insight which enriches some theoretical concepts and interpretations on the nature of the Union and its political and legal attributes. It is precisely these historical and legal references that admit the re-birth of the Republic of Somaliland which is definable and convincible on the Montevideo Convention on Rights and Duties of the states.
The Republic of Somaliland has already demonstrated the attributes that can separate one state from another and it therefore seems incredible that Somalia blindly and invariably continues to claims the representation of what was once called the Somali Republic which the Republic of Somaliland has basically rendered null and void. There are some possibilities and anticipations that the fragility of Somalia, including its regional autonomous mini- states can indirectly affect Somaliland‟s security, but it is also prudent to acknowledge that Somaliland can handle and maintain its security.
The Somaliland government and its people have been aware about the potential challenges and have put in place all necessary structures and milestones across the country. The people of Somaliland are very confident that Somaliland has explored ways and means to retain the country‟s security, deepen peace and stability; ordinary citizens are also the primary driving forces and constitute inexpensive security infrastructure which is present everywhere in the country.
Another plus is the fact that Somaliland is located in a strategic location in the Horn of Africa that suits trade, business opportunities, tourism and can host those who are willing to invest Somaliland. According to many Somalilanders, the frank explanation is that the ending of the union of “the Somali Republic” that malfunctioned for 30 years, and the dictatorial regime that ruled the Somali Republic both scenarios concluded 30 years of invasion against Somaliland into an end.
There are a number of questions arising that need analyses and proper understanding; these include
(i) why and what caused the collapse of the union – which is known to have no legal basis?
(ii) What are the factors that contributed to the collapse?
(iii) Are factors that lead to the collapse still persisting?
These and many other questions would shed light on the nature of opposing positions and forces. It is instructive to note that the endeavor of the union failed within 9 months from the date that two states merged in 1st July 1960, when a group of Somaliland‟s military officials made coup d‟état in 1961 in an attempt to end the union or to abolish the Somali Republic. Right from that moment, because of the failed coup, the imbalanced Somali Republic has become symbolic to domination, since one of the two merged states that formed “the Somali Republic” namely Somalia has begun to invade and occupy the other state “Somaliland.” _______________________________________________________________________________
Mohamed A.Mohamoud (Barawaani) Independent Research, co-founder of Somaliland Independent Think- Tank E-Mail Mohamed.diiriye@gmail.com Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 17
7. References:
International Crisis Group (ICG) (2006) Somaliland: Time for African Union Leadership, Africa Report Aaron Kreuter (2010) Note: self – determination Sovereignty, and the failure of States: Somaliland and the case for justified Secession Seth Kaplan (2008) The remarkable story of Somaliland Asteris Huliaras (2002)’ The viability of Somaliland: Internal Constrains and Regional Geopolitics,’ Journal of contemporary African studies 20.2 M.Iqal D.Jhazbhay (2007) Somaliland Post-War Nation – Building and International Relations, A Thesis for the Degree of Doctor of Philosophy in International Relations Tandeka Lujiza Assistant State law Adviser (2003) PRETORIA, Somaliland’s Claim to Sovereignty Status A policy Document of the Government of the Republic of Somaliland (2001) Somaliland’s Demand for International Recognition Anthony J. Carrol.B Rajagopal (1993),The Case for Independence Statehood of Somaliland, American University Journal of International Law and Politics, Vol8 Patrick Mazimhaka and Greg Mills (2011) A Land in need of Recognition Ministry of Foreign Affairs of Denmark (2011) Policy paper for Denmark’s engagement in Somalia African Union (2005) AU Fact- Finding Mission to Somaliland (30 April to 4 May 2005): Resume M.I Lewise (2011) Understanding Somalia and Somaliland Hussein M. Adam (2008) From Tyranny to Anarchy, Somali Experiences Hussein A. Bulhan (2008) Politics of Cain: one Hundred Years of Crisis in Somali Politics and Society UN General Assembly Resolution 1514 (XV), (14 December 1960) Declaration on the Granting of Independence to Colonial Countries and Peoples Somaliland Centre for Peace and Development (SCPD), (1999) A Self – Portrait of Somaliland: Rebuilding from the Ruin Harrier Gorka (2011) Somaliland – A Walk on thin ICE Mohamed H. I.Egal (1997) Unpublished speech he intended To Give The IGAD‟S Head of States Summit That was Held Djibouti in 15th November 1997 Advisory Committee on Africa Mitt Romney Presidential Campaign (January 1, 2013) Working Group On U.S. Investment In Africa Compendium of Action Plans and Briefing memorandum
Mohamed A. Mohamoud (Barawaani) (2012) Two decades of de facto sovereignty and realities on ground, SORDI Annual Conference on October, 2012 Article: Somaliland’s Case is Historically, Politically, and Legally Justifiable – April – 2013 18
Mark .Bradbury (1997) Somaliland Country Report CIIR
http:// www.hadhwanaagnew.com/ Adam Muse Jibril (2012) Somalia and the outcome of the London Conference: Trustship or transition to democracy
