Protection Rights under UN Charter and urgent Country Recognition for Somaliland

[Deeq A.]

As we are aware, Recognition combines international law and international politics. Recognition of
sovereignty of a new state is of two stages: Country Recognition stage -– a recognition by a UN member
country or countries; and United Nations Recognition stage — which is the admission to have a seat in the
UN; the latter is a form of approval that become the golden standard of international legitimacy.
Country Recognition depends upon the international politics because it is recognition at the discretion of
the existing countries whether they recognize that state or not to recognize. There is no official policy upon
countries of what is required for recognition of a new state; in other words, there is no cookie-cutter
approach indicating a country to recognize a new state. Instead, the decision to recognize a state or
establish diplomatic relations with unrecognized state is based on the national interests of the existing
countries. United Nations Recognition depends on international laws; because it goes through a process based on
international laws. It is like a stamp that says, you are now a full member of the international community.
United Nations recognition is the harder part of recognition searching efforts of such states. But this can
become easy if that new state first achieve the country recognition, especially countries that have influence
in the world politics or Regional politics.
The 1st thing Somaliland’s new government should do is not lose any more time roaming around talks with
Somalia. Seven years without any positive outcome for Somaliland is enough. It is clear to every person
that any Government in Somalia will never accept Somaliland to be a free state. Instead it is still claiming
that we are part of Somalia; and working hard with much effort to isolate Somaliland and impose sanctions
on us. It is sure Somalia will succeed its policy of sanctioning us sooner or later; if the government should
not revise its slow and stagnant foreign policy; and prepare Somaliland a defensive strategy against that
threat.
The 2nd step President Bihi’s government should work hard is to claim to get Somaliland’s rights to be under
the protection of the rules established during the Cold War to protect new states that were not yet
recognized by one country or another. It is called “The prohibition under the U.N. Charter of the use of force
to the unrecognized states”. It should secure that unrecognized states protection international law. This
means the International Community will not allow Somalia or any other country to do harm to Somaliland.
The 3rd most important thing for Somaliland is to secure country recognition urgently from at least one or
two or more UN member countries. Though Somaliland marches the qualifications and conditions of
statehood and has its own country; that doesn’t mean it is going to be taken seriously by the international
community and the UN. According to the minimum standards for statehood specified by the customary
international law; even a small area located on a 10,000-square-foot platform in the North Sea has tried to
claim sovereignty under these qualifications. Now, after nearly twenty seven year from the day we declared
Somaliland as a state; it is shameful still not gaining even a single friend country acknowledged our
existence as a state. Somaliland’s declaration as an existing state will not work sooner or later, within this
diplomatic stagnation; unless one or more countries acknowledge and recognize its statehood.
If Somaliland achieves recognition from even one country; will be a purely successful political act for
Somaliland. That such recognition will give Somaliland the opportunity to stop Somalia‘s naked claiming of
Somaliland as part of its country. Such country or countries will also take the responsibility of lopping our
rights for recognition within the International organizations like the UN, AU, etc. Bihi’s government should
approach friendly nations who sympathize our Self-determination Rights; with an effective diplomacy and
political tactics. It requires a lot of effort and courageous decisions. The most important action to take is to
choose the right friends that have sympathy for our statehood and recognition.
There are around or over thirty states including Somaliland which are unrecognized states by the United
Nations; but all these states except Somaliland acquired country recognitions from some UN member
countries. All of them can have the opportunity of gaining a seat at the table of the general assembly
anytime soon; because their recognizers are lopping for their statehood and recognition in the International
organizations. It is probably not even worth trying to apply for U.N. AU, EU recognition; unless the
unrecognized states completed the 1st stage recognition or country recognition from some countries.
But this government should have in mind that the most important asset that Somaliland has, to bargain for
an exchange of its recognition is Berbera with its port, airport and fuel tanks. And this opportunity is now
ripe if our government makes the right choice.
Adam Ali Younis
Email: aayonis@hotmail.com