Somaliland's Legal Fight for Recognition: A Complex Struggle .
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Wednesday February 19, 2025 - 13:41:44 in Articles by Xaaji Faysal
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A Union Built on Shaky Legal Ground
By: Cabdiraxmaan Laamnad .
Somaliland’s pursuit of international recognition is a legal and historical puzzle full of contradictions. At first glance, its independence on June 26, 1960, seemed straightforward. Newspapers worldwide, including The New York Times, reported on Somaliland’s emergence as an independent state. However, just days later, Somaliland chose to unite with Somalia, a decision that would spark decades of legal and political disputes.
A Union Built on Shaky Legal Ground
Despite the intention to unite, no formal treaty was ever signed between Somaliland and Somalia. Contemporary reports, including CIA documents and articles from The Daily Telegraph, reveal that Somalia refused to sign a bilateral unification agreement. Additionally, the Act of Union, meant to formalise the merger, was never ratified by any legislature—it was merely a presidential decree. Even worse, in 1961, the Somali government, with Italian legal advisors, attempted to retroactively legitimise the union—an act considered legally dubious.
The lack of a legitimate legal foundation meant Somaliland was effectively annexed rather than voluntarily merged. This was highlighted in a 2005 African Union report, which stated that the union was never properly ratified. Without a registered treaty at the United Nations, Somalia’s claim over Somaliland remains legally questionable.
Political Manipulation and Colonial Influence
Beyond the legal inconsistencies, historical records suggest that Italy, Somalia’s former colonial ruler, played a hidden role in shaping Somalia’s governance post-independence. Figures like Mario Tucci, an Italian official with deep ties to the Italian Ministry of Foreign Affairs, held influential positions in Somalia’s legal system, raising concerns about neo-colonial interference.
Elections and referendums meant to legitimise the union were riddled with irregularities, including ballot stuffing, voter coercion, and even votes cast for livestock. A UN representative from the Philippines, Batti Batti, raised concerns about the lack of a proper census and the flawed voting process, but his warnings were ignored.
Somaliland’s Struggle for Justice
Somaliland’s resistance to the union became evident in 1961, when soldiers rebelled, arguing they were not legally Somali citizens—a claim upheld in court. The conflict escalated in the 1980s, when Somalia’s government, under dictator Siad Barre, launched a brutal crackdown on Somaliland’s people, particularly targeting the Isaaq clan. Reports, including a 1997 UN study, describe the atrocities as genocide, yet justice remains elusive. In fact, recent documents reveal that the Somali government tried to grant immunity to officials involved in the massacres.
The Case for Recognition
Since reclaiming independence in 1991, Somaliland has operated as a functioning democracy, holding multiple free elections and signing international agreements, such as a prisoner exchange treaty with Seychelles. Despite this, the international community continues to label Somaliland as a breakaway region, ignoring its historical sovereignty and the lack of a legally binding union with Somalia.
Recognition would bring economic benefits, allowing Somaliland to engage in global trade and foreign investment, and contribute to regional security, particularly in combating piracy and extremism. While some argue that recognising Somaliland could set a dangerous precedent for separatist movements, Somaliland’s case is unique—it seeks the restoration of its previous independence, not secession from a legitimate union.
Conclusion
Somaliland’s fight for recognition is more than a political struggle—it’s a legal battle rooted in historical injustice. Its story challenges the world’s approach to post-colonial sovereignty and raises uncomfortable questions about international law and justice. Whether recognition comes sooner or later, Somaliland’s persistence proves that its struggle is far from over.
By: Abdirahman Buni
Laambad (Cabdiraxmaan): [email protected]
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