AU’s Recognition Dilemma: Why Somaliland deserves its place among African states – with a case stronger than Western Sahara’s

[Deeq A.]

The African Union (AU) has consistently stood for self-determination, decolonization, and the inviolability of colonial borders. Yet it is inconsistent in extending these principles to Somaliland. Although the dispute regarding Western Sahara rages on unchecked, Somaliland’s more valid legal and historic claim to be recognized is unjustifiably neglected. The time has come now for the AU to move in accordance with legal integrity and moral clarity and grant Somaliland recognition as an independent African state.

The Contrast: Western Sahara and Somaliland
The contrasting example of Western Sahara and Somaliland demonstrates the contradictions of the AU’s recognition policy. Western Sahara was a Spanish colony from 1884 to 1975 and never experienced sovereign statehood prior to colonial occupation. In 1975, the International Court of Justice (ICJ) acknowledged the right to self-determination of the Sahrawi people, but there was no statehood prior to Spanish colonization. In spite of this, the Sahrawi Arab Democratic Republic (SADR) joined the Organization of African Unity (OAU), now the AU, in 1984, without gaining full independence or a record of acknowledged statehood.

Somaliland, on the other hand, gained full independence from Britain on 26 June, 1960, and was recognized by 35 states, including the United Kingdom and Egypt. It was only days later that Somaliland voluntarily merged with Somalia on 01 July, 1960, through the Act of Union—a legal process never concluded under international law. Following the collapse of the Somali state in 1991, Somaliland revoked the union, reverting to its prior sovereignty. This was not secession, it is worth mentioning, but the legal dissolution of a merger of two formerly independent states.

The coming together of Somaliland and Somalia in 1960 was a political marriage between two sovereign states: the State of Somaliland, which had just become independent from Britain, and the State of Somalia, which had earlier been an Italian colony. The Act of Union, which was signed on 1 July 1960, gave birth to the Republic of Somalia but was never ratified, and a legal lacuna resulted.

When the Somali state collapsed in 1991 and Somaliland unilaterally declared independence, the union de facto dissolved. The 2012 Federal Republic of Somalia is a new political entity different from the 1960 Republic of Somalia. Therefore, in international law, Somalia does not have any legal claim over Somaliland since the original union does not exist. Somaliland’s situation is that of restoration of its sovereignty prior to the union, not a secessionist entity.

Somaliland’s Claim for Recognition: A Legal Precedent
Somaliland’s claim for recognition is firmly rooted in international law and precedent. As a previously sovereign state, Somaliland’s move to end an unratified union is within the letter of the provisions of Article 4(b) of the AU Charter, which assures the inviolability of colonial boundaries. Somaliland does not seek to secede but to be returned to its former sovereignty, and thus its claim is legally distinct from all other separatist movements on the continent. The AU’s acceptance of Western Sahara, never a sovereign state, plainly sets a precedent. If a non-sovereign territory can be a member, then Somaliland—a formerly recognized state—has an even stronger claim to membership.

In addition, the Federal Government of Somalia is not the 1960 Republic of Somalia’s legal successor but a new federal state formed in 2012. According to the 1960 Act of Union’s terms, there is no legal ground for Somalia to claim Somaliland’s territory since the union was on the basis of two equal states and not between a parent state and a province.

Apart from the legal case, Somaliland also has a strong strategic and geopolitical case for recognition. Somaliland has been a shining example of political stability, democratic governance, and independence relative to most other areas. Its stability in an unstable region has rendered it a fountain of peace and security in the Horn of Africa. Whereas most African nations are still grappling with political instability and conflicts, Somaliland is unique in its pursuit of democratic principles through internationally acclaimed free and fair elections. Not only is its stability not conjectural but is founded on its real institutions of government, such as a sound rule of law, good institutions, and a vibrant, active civil society.

Somaliland also has a strategic geopolitical location that adds to its value in the Horn of Africa and beyond. Somaliland controls its whole territory, all of the key Red Sea and Gulf of Aden ports, and thus it is a regional trade, maritime security, and global shipping actor. Its closeness to the Bab el-Mandeb Strait, which is among the world’s most busy maritime chokepoints, only serves to emphasize its significance to world trade and security. It has become a viable ally in the fight against terror and regional security, and thus its recognition is all the more necessary to Africa, not to mention the world community at large.

Somaliland’s ongoing exclusion from its due position in the world has widespread implications for regional stability and African diplomacy. In non-recognition, an opportunity for peacebuilding and development in the Horn of Africa is forfeited. Disregarding Somaliland prolongs tensions with Somalia, frustrating attempts at regional peace. Moreover, the AU misses out on a strategic partner with access to important maritime routes and a firm commitment to democracy, peace, and security. Somaliland’s stability and collaborative stance on counterterrorism efforts render it a worthy partner for African and international security initiatives.

AU’s Inconsistency: A Double Standard
The AU’s double standard in recognizing Western Sahara and ignoring Somaliland’s more valid legal claim undermines its credibility. This inconsistency damages the African Union’s moral authority and weakens its ability to mediate conflicts across the continent.

The African Union must correct this decades-long injustice and act within the ideals of its founding. It has to acknowledge that Somaliland’s case is one of reconstituting statehood, not secession. It has to hold Somaliland to the same standard of recognition that it held Western Sahara to, consistent with its adherence to self-determination. The AU should also bring Somaliland and Somalia to the negotiating table, recognizing their distinct historical and legal identities and encouraging the peaceful two-state solution. Lastly, accepting Somaliland as a member state would bring enhanced regional stability and act as a model of successful post-colonial state-building and democracy.

The African Union has a test of its moral and legal principles. Admission of Somaliland would not just be an affirmation of the principles of decolonization and self-determination but also a reversal of a historical injustice. Somaliland’s argument for statehood is legally stronger than that of Western Sahara since it was an independent sovereign state prior to its voluntary union with Somalia. The African Union must discard double standards and welcome Somaliland as a full member state. By doing this, the AU would be reaffirming its belief in justice, consistency, and peace in the African continent. AS

Adam Daud Ahmed is a political security Analyst in the Horn of Africa.

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