1. Somaliland's Historical Independence
The claim that "legally there is nothing called Somaliland at present" disregards key legal precedents, historical realities, and the fundamental principles of self-determination under international law. Somaliland's case for independence is not only rooted in historical legitimacy but also supported by legal arguments that challenge Somalia’s claim over the territory.
1. Somaliland's Historical Independence
Somaliland, formerly known as British Somaliland, was a recognized entity under international law. On June 26, 1960, it gained independence from the United Kingdom and was recognized by 35 nations, including permanent members of the United Nations Security Council. Somaliland voluntarily entered into a union with Italian Somalia on July 1, 1960, with the aspiration of forming a unified Greater Somalia. However, this union was never formalized by a legally binding agreement or treaty, rendering it constitutionally questionable.
2. Lack of a Legal Unification Treaty
Under international law, a merger of two sovereign entities requires a legal framework. Somaliland and Somalia never signed a treaty ratifying their union. The absence of a ratified legal agreement means that Somaliland’s status as a sovereign entity remained intact despite its de facto incorporation into Somalia. This is consistent with international precedents where failed unions have resulted in the reassertion of sovereignty by the original entities, as seen in the dissolution of Senegal and Mali (1960) and the Eritrea-Ethiopia separation (1993).
3. The 1991 Reassertion of Independence
Following the collapse of the Somali Democratic Republic in 1991, Somaliland unilaterally reclaimed its independence on May 18, 1991. This decision was not merely a political move but was grounded in the right of self-determination, a principle enshrined in the United Nations Charter and numerous international human rights instruments. The 2001 referendum, in which 97% of Somalilanders voted in favor of independence, further solidified the legitimacy of this claim.
4. The 1961 Referendum and Somalia’s Illegitimate Claims
The 1961 constitutional referendum in Somalia was a key legal turning point. Somalilanders overwhelmingly rejected the proposed Somali constitution, demonstrating their discontent with the union. The referendum was marred by irregularities, and the lack of legitimacy of the union was further highlighted by the failed military coup in Hargeisa that same year. If Somalia claims sovereignty over Somaliland, it must legally justify this claim, which it has failed to do under international legal frameworks.
5. Legal Precedents in International Law
International law recognizes cases where former colonial entities reclaim independence after failed unions. The ICJ ruling on Kosovo (2010) affirmed that unilateral declarations of independence do not violate international law. Similarly, the Eritrean independence movement, which culminated in a referendum and international recognition in 1993, sets a precedent supporting Somaliland’s legal claim to independence.
6. Democratic Governance and De Facto Recognition
Somaliland has functioned as an independent state for over three decades, with democratic elections, peaceful transitions of power, and governance structures that surpass those of many recognized states. While de jure recognition remains elusive, Somaliland enjoys de facto recognition through diplomatic engagements with regional and international actors. Its governance model contrasts starkly with Somalia’s persistent instability, reinforcing its claim to sovereignty.
7. The Misuse of Clan Politics to Undermine Somaliland’s Claim
The assertion that Somaliland is merely a clan-based administration ignores the political and legal foundations of its independence movement. Somaliland is a multi-clan polity with a functional state apparatus. While clan dynamics are present in all Somali territories, including Somalia’s federal member states, Somaliland’s nationhood is based on historical legitimacy, legal principles, and popular will, rather than clan affiliation.
Conclusion
Somaliland’s claim to independence is grounded in legal, historical, and democratic legitimacy. The absence of a legal unification treaty, the rejection of the 1961 referendum, the collapse of the Somali state, and the successful establishment of a functioning, independent government all reinforce Somaliland’s right to statehood. Under international law, self-determination prevails when a people overwhelmingly choose to govern themselves, as demonstrated by Somaliland’s 2001 referendum. Therefore, the claim that "legally there is nothing called Somaliland" is an oversimplification that disregards the robust legal basis for Somaliland’s sovereignty.
By: Abdirahman Buni
hadhwanaagnews 
