Note on Somaliland Citizenship and issues of state succession

[Jacaylbaro]

Somaliland’s case is unique in that it involves the re-birth of a state after the dissolution of a union, when at the same time the united state has itself disintegrated. The citizenship of the State of Somaliland existed prior to the July 1960 union (and, for all purposes, technically, continued until the adoption of a common Citizenship Law in 1962). It was then re-asserted, in May 1991 at the Grand Conference of the Somaliland Communities held at Burao, by the re-birth of the same state, which has the same international borders and indigenous population. The Somaliland population (like that of the former Italian Somalia) is uniquely identifiable through the Somaliland clan system, and despite the existence of the union for some 30 years, this clan structure of the population remained the same and was indeed targeted for oppressive and near genocidal treatment during the long brutal regime of the Somalia dictatorship. It is, therefore, understandable that citizenship of the SomalilandRepublic is based primarily on descent from persons who were resident in the territory of Somaliland prior to the union, or as Article 1 of the Law states on 26 June 1960, the date of the independence of the State of Somaliland. Other countries also base their citizenship by birth on a descent from persons at an operative date – an example of a nearby country is Article 10 of the Uganda Constitution which bases citizenship by birth primarily on descent from persons who were “of the indigenous communities existing and residing within the borders of Uganda as at the first day of February 1926”.

 

Somaliland has already repeatedly made clear that when the issue of the peace and statehood of Somalia (i.e ex Italian Somalia) is settled by the communities in those territorities, it shall be ready to discuss with whatever state/s formed by them matters of concern to both countries, such as issues of succession in respect of the defunct state of the Somali Democratic Republic and future co-operation within the wider Horn and the rest of Africa. So far as citizenship is concerned, the Draft International Law Commission (ILC) Articles on Nationality of Natural Person in Relation to Succession of States consider two situations. The first is where a state is dissolved and ceases to exist and various parts of the territory form two or more successor states, and the other is when part or parts of a territory of a state separate and form one or more successor states while the predecessor state continues to exist. Whilst, many may see the situation of Somaliland as being akin to the latter, it is submitted (as set out above) that neither of these situations apply “on all fours” to Somaliland. As emphasised earlier the case of Somaliland is one of dissolution of a union of two states, with Somaliland re-acquiring its former statehood.

 

The ILC Articles (see 22 to 26) state that citizenship of successor states in both situations covered by the Articles shall be attributed to persons having habitual residence and persons persons having an appropriate legal connection with it, as well as persons who are not entitled to nationality of any state, but born in or have habitual residence in the territory. Whilst the concept of habitual residence has been used in many countries and was mooted as far back as the 1929 Harvard Draft Convention on Nationality (article 18b), it is by no means the only relevant criterion. The European Convention on Nationality (in Article 18) recommends that “in deciding on the granting or the retention of nationality in cases of State succession, each State Party concerned shall take account in particular of: a) the genuine and effective link of the person concerned with the State; b) the habitual residence of the person concerned at the time of State succession; c) the will of the person concerned; d) the territorial origin of the person concerned”.

 

Some of these other criteria have been used as the basis for defining core citizenship in constituent states after dissolution of a union. Examples of such dissolved unions abound (the United Arab Republic, Cape Verde & Guinea-Bissau etc), but a recent one was the separation of Singapore and Malaysia, whereby Singapore re-asserted its citizenship. Also in Eritrea, another country which was a separate state before its annexation by Ethiopia, Article 3 of the Eritrean Constitution bases citizenship primarily on birth to an Eritrean father or mother. In basing citizenship primarily on descent, and making a provision for aliens to naturalise on the basis of habitual residence, the Somaliland Citizenship Law is therefore not out of step with international law and practice. The question as to whether some special provision should be made for persons residing in Somaliland and who are entitled to citizenship of Somalia (ex-Italian Somalia) because of descent through the Somali clan system and hence through territorial origin is one that will be addressed when one or more peaceful state/s arise out of the Somalia. In the mean time, the Somaliland Government already accords all ethnic Somalis (be they citizens of the Republic of Djibouti, the Federal Republic of Ethiopia or Somalia) preferential status in travel to and residence in Somaliland, but this Law will ensure that, with the coming elections, citizenship of Republic of Somaliland is clearly defined again.

 

 

 

 

 

© Ibrahim Hashi Jama 2002

[Somalia]

Hahahahaha , Somaliland region rejected left and right.

[Carafaat]

http://www.powershow.com/view/270554-YzhjZ/Academy_for_Peace_flash_ppt_presentation