Somaliland Republic Recognition Case At The International Court Of Justice (I.C.J)

Somaliland was a British Protectorate for 76 years (1884-1960). Somaliland was independent, recognized country before Somalia. Somaliland achieved independence from Great Britain on June 26, 1960 while Somalia achieved independence on July 1, 1960 from Italy. S.N.L Political Party headed by late Mohamed Haji Ibrahim Egal lead Somaliland to independence on June 26, 1960 and immediately Somaliland received International Recognition from 35 countries that included China, Egypt, Ethiopia, France, Ghana, Israel, Libya, the Soviet Union etc. Somaliland achieved independence and recognition before Somalia, Mauritania, Nigeria, Senegal, Gabon, Republic of the Congo, Chad, Ivory Coast, Burkina Faso, Benin, Sierra Leone, Uganda, Kenya, Algeria, Zambia, Zimbabwe, Namibia etc.

2. SOMALILAND REPUBLIC LOCATION

Somaliland is located in the Horn of Africa. It lies between 08°00′ – 11°30′ parallel North of the Equator (Latitudes) and between 42°30′ – 49°00′ Meridian East of Greenwich (Longitudes). It is bordered by the Red Sea to the North (Southern Coast of Gulf of Aden), Djibouti to the West, Ethiopia to the South, and Somalia to the East. Somaliland has a coastline with the majority lying along the Gulf of Aden (Red Sea). The country is slightly larger than England, with an area of 176,000km² (110,000 sq. miles) and with a population around 5.8 million.

3. REASONS OF DISSOLVING 1960 UNION WITH SOMALIA

Sharing ethnicity, religion, language, culture, traditions, color etc do not determine the creation of union or federation or preserve the existence or survivability of union or federation but only fair power-sharing and justice determine the success and survivability of union or federation and that is what Somalia failed to understand and respect during the 30 years of the failed union (1960-1990).

Even though Somaliland was the parent country that invited Somalia for sharing union with Somaliland for achieving independence before Somalia, Somalia never respected the terms and conditions of the union by subjecting Somaliland people to 22 years (1960-1982) of power-sharing denial, oppression and injustice and 8 years (1982-1990) of all kinds of human rights abuses and heinous crimes such as suppression, persecution, imprisonment, genocide and destructions. Those two historical reasons ended the union between Somaliland and Somalia in May 1991 after devastating eight-year- long civil war (1982-1990) between Somaliland and Somalia. Somaliland people reclaimed their independence of June 26, 1960 again. One wonders why people of Somalia still pursue the revival of the disastrous union knowing power-sharing denial for 22 years and atrocities for 8 years. Unions are dissolvable but independence is indissolvable. June 26, 1960 is indissolvable.

SOME VIDEOS OF GENOCIDE AND DESTRUCTION IN SOMALILAND

1. https://www.facebook.com/mohamudismail.farah/videos/897439374768996/

2. pic.twitter.com/7uTHf7qhrV pic.twitter.com/QU4SmdJTs5

3. https://youtu.be/KpSMrCQDs1Q

4. https://en.m.wikipedia.org/wiki/Isaaq_genocide

Like Somalis, Arabs share ethnicity, religion, culture, color, traditions etc but , at the same time, disagreed to share union or federation. White Arabs have nearly eighteen countries (18) while Somalis have five (5). The Jordanian or Iraqi man or woman can not enter Egypt without legal documents (Passport and Visas) to get job or rank or any other Arab country. Every Arab country is independent of other Arab countries with each country having their independent state, government, flag and recognition based on their colonial borders. Greater Arab, like Greater Somalia, does not work in the Arab World to enter another Arab country. Citizens of Morocco or Libya are not citizens of Greater Arab but they are citizens of their own countries and Somalis are not different from them. Citizens of Somaliland or Somalia are not citizens of greater Somalia.

4. AFRICAN BORDERS ARE BASED ON LAND, NOT ON CLAN LINEAGE

There are no clan or tribal borders in Africa but there are state or national borders only. Borders of all African countries are based on land, not on clan lineage or tribal origin. The territory, independence and recognition of each African country is defined by its colonial power-drawn borders. The political map of Africa showing African countries was made by Europe, not by Africans. Somaliland territory, independence and recognition is based on Somaliland British Protectorate Borders.

The borders of Djibouti, Somaliland and Somalia have internationally the same legitimacy and status for being all colonially-drawn borders defining their independence, territory and nation as the rest of Africa. European Colonial Borders define nationalism, independence, statehood and diplomatic recognition of each country in Africa, Asia, and Arab World.

FIRST ARGUMENT

In Africa, three conditions are usually required for continental and international diplomatic recognition of a country:

(A) Being separate colony

(B) Having proclamation of independence granted by Colonizing power

(C) And having separate, unique colonial borders.

Somaliland Fulfilled All Three Conditions : Somaliland was British Protectorate for 76 years, Somaliland was granted independence by Great Britain on June 26, 1960 [Shown below] and Somaliland has defined British Protectorate Colonial Borders.

SECOND ARGUMENT

Somalia does not have the right to challenge or lobby against Somaliland independence and recognition because Somaliland is older country than Somalia in achieving independence and recognition in Africa in 1960. Somaliland was independent, recognized nation while Somalia was still Italian colony. Somaliland achieved independence and recognition on June 26, 1960 from Great Britain while Somalia achieved independence on July 1, 1960 from Italy. Then the two shared disastrous union for 30 years (1960-1990) from which Somaliland withdrew in 1991 after devastating civil war. The world should reject Somalia’s lobbying against Somaliland recognition because it is unfair for Somaliland. It is like younger brother bossing his older brother.

THIRD ARGUMENT

After dissolving their unions, Senegal/Gambia, Egypt/Syria and Ethiopia/Eritrea each restored and retained its original independence and recognition at OAU and at UN that they had before unions. The countries emerging from the former Soviet Union and Federal Yugoslavia have been all recognized by the United Nations. So, why not letting Somaliland Republic restore and retain its original independence and recognition of June 26, 1960 after dissolving the disastrous union (1960-1990) with Somalia and withdrawing from it on May 18, 1991.

FOURTH ARGUMENT

OAU and UN both recognized South Sudan without having previous colonizing power and colonial borders separate from Sudan. South Sudan was integral part of Sudan which was British colony. So, why not recognizing Somaliland which was separate colony with different colonizing power from Somalia. Somaliland was British Protectorate while Somalia was Italian colony.

MISINFORMATIONS OF SOMALIA AGAINST SOMALILAND RIGHTFUL RECOGNITION

1. FIRST MISINFORMATION: Somalia claims that Somaliland was a province of Somalia to label it with secessionism or separatism while in fact Somaliland was separate colony from Somalia named Somaliland British protectorate for 76 years and became independent country in Africa before Somalia achieving independence and recognition by 35 countries on June 26, 1960 when Somalia was still Italian colony and achieved independence on July 1, 1960. The proclamation of Somaliland independence granted by the colonizing power (Great Britain) is shown below. How Somaliland Republic, becoming independent and recognized country by the world on June 26, 1960 before Somalia, become a province of Somalia? Somaliland achieved independence before Mauritania, Nigeria, Senegal, Gabon, Republic of the Congo, Chad, Ivory Coast, Burkina Faso, Benin, Sierra Leone, Uganda, Kenya, Algeria, Zambia, Zimbabwe, Namibia etc. So, this argument of Somalia is baseless.

2. SECOND MISINFORMATION: That the recognition of Somaliland will open Pandora’s Box in Africa to encourage secessionists or separatists to change the borders of the continent of Africa implying that Somaliland was secessionist province that broke away from Somalia. If Nyanza Province of Kenya or Arusha Region of Tanzania or Puntland province of Somalia secedes or breaks away from their own respective countries, they would definitely qualify to be secessionists, separatists or breakaways and that would change or shift the colonial borders of Africa inherited from European colonial powers thus creating instability and political unrest in the continent of Africa as those provinces share history, colonial borders, independence and recognition with their own motherlands.

But Somaliland was older country than Somalia in Africa in achieving independence before Somalia in 1960 as its proclamation of independence shows below. The independence and recognition of Somaliland will be based on Somaliland British protectorate colonial borders and will not influence secessionism or separatism in Africa but will enhance the African Conference of 1964 for reaffirming Africa colonial borders to keep the security, peace and stability of the continent [The location of Somaliland in the Horn of Africa determines its borders. It lies between 08°00′ – 11°30′ parallel North of the Equator (Latitudes) and between 42°45′ – 49°00′ Meridian East of Greenwich (Longitudes)]. How the independence and recognition of Somaliland based on its legitimate colonial borders will open Pandora’s Box for secessionists or separatists while the independence and recognition of all African countries are based on their colonial borders? This argument is baseless too and illogical.

3. THIRD MISINFORMATION: That Somaliland accepted the terms of the union set by Somalia in 1960 that it cannot withdraw from the failed union. There were no terms set between the two countries in 1960 at all. Somaliland (parent country) initiated the unification between the two countries in 1960 then Somalia violated the conditions of fair power-sharing of the failed union by hijacking it for the 30 years of its existence (1960-1990) and inflicted genocide and destructions against Somaliland people after raising grievances against injustice and oppression. Somaliland withdrew from that union after bloody war of liberation on May 18, 1991. Hence, how Somaliland which was the initiator or host of the union accepted terms dictated or set by Somalia which was the guest or invitee to the union? If one side had to set terms to the other side, it would have been Somaliland because it initiated the birth of the failed union. This argument does not hold too and it is baseless.

Now with the three misinformations refuted and eliminated, Somaliland Government and Somaliland expats around the world must fight back too to refute and eliminate the misinformations so that Somaliland will be recognized soon, In Shaa Allah. There is no way to go back to the disastrous union with Somalia. Somaliland returning to the disastrous union is like the Sun rising in the West. Somaliland cannot let Somalia abuse it with the independence it achieved before it and with the failed union it created. No more injustice, genocide, destruction and looting.

INTERNATIONAL COURT OF JUSTICE IN HAGUE

#Ibrahim Hassan Gagale

November 23, 2023