Does Somalia Have a Legal Right to Claim Somaliland? A Case for Somaliland’s Re-Recognition

[Deeq A.]

Somaliland has a strong case for self-government that makes Somalia’s claim to authority over it increasingly lack credibility. Against the background of both historical precedents and socio-political developments over recent decades, the assertion of Somalia’s right to have jurisdiction over Somaliland rests upon an increasingly weak argument. In simple terms, what is at stake with regard to the question of Somaliland’s recognition is not some exercise in the formation of a new political entity but essentially a matter of the assertion of historical sovereignty.

Somaliland and Somalia were, before colonial domination, two separate political entities with distinctive cultural identities and governance systems. It is this historical divergence which provides the background for understanding the illegitimacy of the union which followed in 1960. More than a concern for democratic consent, the union between the two distinct regions was propelled by political expedient and hence inherently unstable.

The 1960 union, giving birth to the Somali Republic, had never been ratified by the people of Somaliland and was thus, from the outset, undemocratic. Popular discontent with the union showed up in the abortive 1961 military coup, as led by soldiers from Somaliland. It brought to light a deep-seated discontent that swept through Somaliland over the terms of the union.

The final renunciation of this union came in 1991, when Somaliland declared its independence upon the collapse of the Somali state. An act not of secession, but rather the reclaiming of a historic statehood predating the union, it was an act of self-determination-the basic principle assuring the right of peoples to decide on their political status. Somaliland has evolved into a de facto independent state that enjoys political stability and economic development for well over three decades now. In contrast, Somalia has been torn apart by endless civil strife coupled with debilitating political fragmentation. This includes periodic elections and very highly developed institutions that underpin

Somaliland’s governance, underlining successes that contrast rather sharply with those of its troubled neighbor

International law lays the bedrock upon which grounds for Somaliland’s claim for re-recognition exist in plenty. It is a call of the people of Somaliland for insistence on their right to independence, not to fashion a new state but to regain their existing sovereignty which was curtailed in 1960. Their case has been one of taking back their independent state status, though their challenge is overpowering and indeed multi-layered.

It was Somaliland that weakens the claim of Somalia over its territory when it failed to assume effective authority over its territory. Its federal framework and continued internal strife raise great doubts about its capability to be able to rule Somaliland. However, on the positive note, it does underline the problems of national identity and governance.

Somaliland is seeking no new recognition but a reaffirmation of its historic independence. This claim to sovereignty thus begets its history of political stability, economic self-sufficiency, and good governance. The international community has to grapple with a fact, though painfully, that Somaliland’s case for independence is not new; it comes with its past and is legitimized by present circumstances. Though still developing, this quest for recognition is based upon a valid demand for autonomy.

Lastly, the demand for re-recognition by Somaliland is not only legitimate but also a necessary one. Its claims cannot be taken seriously by the world while the Somali government is divided internally and the 1960 union itself was historically illegitimate. It is high time that the world makes amends for this pervading injustice by recognizing Somaliland’s well-deserved sovereignty and integrating it into the international community as an independent state.

About the Author

Abdirisak Aamir, a renowned lecturer, researcher, political commentator, and advocate for self-determination. Based in Hargeisa, Somaliland

Email: Abdirizak.ibr@gmail.com

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