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The case for Somaliland

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This story is from The Head Heeb Blog, one of the most famous blogs on the net.

 

 

The case for Somaliland

 

Talks on the reunification of Somalia are continuing in Nairobi, but they will take place without the Republic of Somaliland . The breakaway republic in northwestern Somalia has declared that the negotiations are simply not its concern:

 

 

According to a statement issued on Sunday by the region's information minister, Abdullahi Duale, Somaliland was not a party to the Somali conflict.

 

"There are no Somaliland military forces operating on Somali territory," the statement said, adding that Somaliland had "refrained from interfering in Somalia's internal affairs despite numerous provocations".

Somaliland, which occupies the territory that was known as British Somaliland during the colonial era, is under increasing international pressure to join the Nairobi peace talks. Ironically, this pressure is occurring at a time when Somaliland is solidifying its position as an independent state.

 

The Republic of Somaliland "declared unilateral independence from the rest of Somalia in 1991," although the hard part was probably finding something to declare independence from. The past decade has actually been Somaliland's second experiment with independence, having been an independent nation for five days in 1960 before uniting with Italian Somaliland pursuant to a dubious referendum . After the collapse of Somalia following the Siad Barre era , a convocation of clan elders met at Hargeysa ; on 15 May 1991, they declared the establishment of an independent republic.

 

Throughout the 1990s, Somaliland was governed by the Council of Elders and Muhammad Ibrahim Egal, a president elected by the council. Democratization was delayed by a civil war during the mid-1990s, but a transitional constitution was adopted in 1997, and parliamentary elections were subsequently held. A constitutional convention continued to meet with the goal of facilitating Somaliland's transition from a tribally-based republic to a democracy, and the final draft of a permanent constitution was completed in 2000. In May 2001, the constitution was approved by 97 percent of the voters in a referendum that was generally regarded as free and fair by international observers, although there were some reported irregularities in the Sool region and the vote may have been more an endorsement of independence than the constitution as such.

 

The Somaliland charter creates a constitutional regime that bears some resemblance to Iran. Although religious freedom is guaranteed, Islam is the state religion, and Article 33(1) of the constitution states that "promotion of any religion in the territory of Somaliland, other than Islam, is prohibited." Other provisions of the constitution entrench some aspects of shariah as Somaliland law.

 

The constitution provides for democratic multiparty elections, but these are subject to a religion-based vetting system. Candidates for office are required to be Muslim and "of good moral character" in addition to being secondary-school graduates, and the political parties law of 2000 prohibits parties that do not affirm a commitment to shariah. An electoral commission, of which all members must be Muslim, has responsibility for ruling on applications for registration by political parties and examining candidate lists.

 

The House of Elders also continues to exist as a concession to the clan-based roots of Somali society. Members of this house are required to be 45 years old - an advanced age in a country where life expectancy hovers around 48 years - and must be "[people] who [have] a good knowledge of the religion or an elder who is versed in the traditions." It is understood that most of the members of this chamber, which can initiate "legislation relating to religion, traditions (culture) and security" or review non-financial laws enacted by the House of Representatives, will be traditional clan elders.

 

Article 115 of the constitution also creates an ulema, or religious council. Unlike the Iranian Council of Guardians, it does not appear that the ulema has direct veto power over laws or candidates for office. Nevertheless, it is empowered to provide opinions to the government, legislature and courts as to whether a particular law or administrative act violates shariah, and can do so on its own as well as when requested. It is likely that in a traditional country like Somaliland where the judicial system is still in the early stages of development, the ulema will wield considerable influence.

 

Within these limitations, however, Somaliland has made great progress toward democratic rule, especially at the local level. Local elections in which the ruling UDUB party faced stiff opposition were held in December 2002 , and national elections are scheduled for later this year. A lively press, including the independent English-language Somaliland Times, has developed in Hargeysa, and the country's first universitywas inaugurated in 2000.

 

The human rights record of Somaliland has been mixed, especially during the civil war of 1994-96. According to Amnesty International , there have been scattered allegations of torture, politically-motivated prosecutions and official intimidation of judges and journalists. Nevertheless, Amnesty gives the Somaliland government credit for improving human rights:

 

 

In Somaliland and
, where central governmental administrations have been re-established, the human rights situation is markedly better than in other regions of former Somalia. Somaliland went through a period of localised civil war in 1994 to 1996, but has largely avoided the bitter factional fighting to which Mogadishu and parts of the south have been subjected. The Somaliland administration in Hargeisa has made significant progress in rehabilitating political, social and physical infrastructure.

The international position of Somaliland is more problematic than that of Puntland, a district in northeastern Somalia that has declared its intention to participate in a future federal Somali state rather than declaring independence. Somaliland has thus far not been recognized by any other country, although there has been informal cooperation with Sudan and Ethiopia. Relations between Ethiopia and Somaliland are particularly close, with each country maintaining a liaison office in the other's capital, but Ethiopia has been reluctant to be the first nation to recognize Somaliland's independence. Britain and the EU have also sent informal missions and aid to Somaliland, with the EU using the Somaliland port of Berbera to ship food aid to Ethiopia.

 

The case for international recognition of Somaliland is a strong one. It is an imperfect democracy, but it has provided a functioning state to its citizens for the past twelve years, which is more than can be said for anyplace else in Somalia. Most residents of Somaliland have no apparent desire to reunite with Somalia, and an argument can be made that their consent to unification was never properly obtained in the first place. Nor is there any compelling reason to reconstitute Somalia in its pre-1990 form, which is a demonstrably failed state united by little besides language and colonial borders.

 

The future of Somaliland may be as an independent state or as a constituent part of a federal Somali republic. That choice, however, should be up to Somaliland's people.

 

UPDATE: A blog from Somaliland!

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Sophist   

"Somalia in its pre-1990 form, which is a demonstrably failed state united by little besides language and colonial borders."

 

So Somalis have nothing in common bar the above mentioned huh?

 

The case of the borders makes the Sool and Sanaag issue rather clear one huh!!! perhaps we have nothing other than that!!!!! Ala maxaa quraafaad la akhriyey.

 

War Soomalidu waa walaalo go'aan aheyne. Diintii, Dhaqankii maxaa ku dhacay! mise isku diin iyo dhaqantoona ma nihin?

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