The Attempted Union That Never Became Law
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Thursday February 20, 2025 - 13:12:30 in Articles by Xaaji Faysal
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Why the 1960 Union Attempt Failed
Many mistakenly believe that Somaliland and Somalia legally united in 1960. However, this is incorrect. What happened was merely an attempt at union, not a legal union. The process never went through the required legal steps, making the so-called "Somali Republic" an entity that existed in name only, not in law.
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1. The Legal Failure of the Act of Union
For a union to be legally binding, it must follow a clear legal process, including:
1. Mutual Agreement – Both sides must draft and approve the same legal text.
2. Parliamentary Ratification – The legislative bodies of both entities must ratify the agreement.
3. Official Enforcement – The law must be enacted and recognized as binding.
Why the 1960 Union Attempt Failed
Somaliland’s Legislative Assembly never ratified the Act of Union.
Somalia’s Parliament passed a different version of the act after July 1, 1960.
Since both sides never ratified a single, agreed-upon document, the union never became law.
This means that Somaliland never legally ceased to exist as an independent state.
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2. Somaliland’s Independence Was Never Nullified
Somaliland gained its independence from Britain on June 26, 1960, and was recognized as a sovereign state. Since the attempted union failed to become law, Somaliland’s sovereign status was never legally revoked.
This means:
Legally, Somaliland remained independent from 1960 onwards.
The claim that Somaliland "was part of Somalia" is a false narrative created to justify an illegal occupation.
Somaliland was occupied, not unified—for 31 years (1960–1991), it was under Somalia’s illegal control, but its legal sovereignty remained intact.
This explains why the African Union Fact-Finding Mission (2005) concluded that "the union between Somaliland and Somalia was never ratified."
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3. The Constitutional Contradictions: Articles 1 and 10
Somaliland’s Constitution still contains misleading references to this non-existent union, which need urgent correction.
Article 1: False Claim of Unity
> "The country which gained its independence...joined Somalia on 1st July 1960 to form the Somali Republic…"
This statement is legally incorrect. The so-called "union" never became law, and Somaliland never legally ceased to be independent. This misleading language must be removed to reflect historical and legal reality.
Article 10: Implying Continuity with Somalia
> "The Republic of Somaliland shall observe all treaties and agreements entered into by the former state of Somalia…"
This suggests that Somaliland is somehow bound by Somalia’s agreements, which is false. Somaliland never legally merged with Somalia, so it has no obligation to honor Somalia’s treaties.
These contradictions weaken Somaliland’s sovereignty claim and must be corrected immediately.
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4. Exposing the "Greater Somalia” Deception
The Greater Somalia ideology falsely claims that all Somali-speaking territories were historically one country. This Mogadishu-based myth ignores the reality that:
Somaliland, Djibouti, the Ogaden, and NFD were never one state before colonization.
The idea of "reuniting" these regions is a political construct that has no historical basis.
Somaliland’s independence is separate from this ideology and should not be linked to it.
By associating Somaliland’s case with "Greater Somalia," Mogadishu attempts to invalidate Somaliland’s legal sovereignty and mislead the international community.
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5. The Path Forward: Reclaiming Somaliland’s Truth
What Must Be Done?
1. Educate Leaders and Citizens – Politicians and the public must understand that the union never became law.
2. Amend the Constitution – Articles 1 and 10 must be revised to eliminate false claims of unity.
3. Reject the "Unity Myth” – Somaliland must assert that it was never legally part of Somalia and stop using language that suggests otherwise.
4. Leverage the AU Report – The 2005 AU findings must be used in all legal and diplomatic discussions to reinforce Somaliland’s case.
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6. Conclusion: Ending the 64-Year Deception
The so-called "union" between Somaliland and Somalia was never ratified—it was an attempt that failed. An act that is not ratified is not law, meaning Somaliland’s sovereignty remains intact from June 26, 1960, to today.
For too long, this truth has been ignored, suppressed, or misrepresented. Somaliland must stand firm, correct its own constitutional contradictions, and dismantle the unity myth once and for all.
By: MH Farah
AFEEF:
Hadhwanaagnews marnaba masuul kama aha Aragtida dadka kale. Qoraaga ayaa xumaanteeda, xushmadeeda iyo xilkeeda sida. waxa kaliya oo Hadhwanaagmedia dhiirigalinaysaa, isdhaafsiga aragtida, canaanta gacaliyo talo wadaagga!
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