Unraveling the hidden truths buried in history: The complex historical and political situation between Somaliland and Somalia, including the 1960 Union, raises legal disputes and challenges. Somaliland claims it has never been part of Somalia, and the lack of mutual ratification raises questions about its legality. The article also highlights the unfair use of Somaliland’s documents at the UN, highlighting the country’s struggle for international recognition and potential challenges in international courts.
Exposing the hidden truths buried in history
Once a British protectorate, Somaliland gained its sovereignty on June 26th, 1960. The international community didn’t waste a moment in recognizing this new nation. Over 35 countries, including influential members of the United Nations Security Council like China, the United States, and the United Kingdom, quickly acknowledged Somaliland’s independence. It was a proud moment for the people and their newfound nation. Over 30 states sent congratulatory telegrams to the Somaliland government, welcoming it to the comity of nations.
But here’s where the story takes a disturbing turn.
Soon after, there was talk of a merger between Somaliland and Somalia, aiming to create an ethnic national state called the Somali Republic. However, due to legal blunders, this merger never materialized. Contrary to popular belief, in 1960, it was Somalia that merged with the already recognized state of Somaliland, while Somalia itself was under a United Nations trusteeship.
It’s important to understand that Somaliland has never been a part of Somalia. In fact, it was Somalia that merged with the already-recognized state of Somaliland, while Somalia itself was under a United Nations trusteeship.
Now let’s dig into the legal perspective.
Somaliland’s initial parliament approved a draft act of union, envisioning the creation of the Somali Republic by bringing together Somaliland and Somalia to create this third country. However, Somalia’s parliament didn’t ratify the act passed by Somaliland. Instead, they drafted their own version in Italian, which was rejected by Somalilanders through a popular referendum in 1961 by a majority. Neither act received mutual ratification, rendering the union legally invalid, and that union has been referred to as being an illegal union, which was never ratified to conclude both unratified acts of union by Somaliland and Somalia. So, in essence, the Somali Republic never truly existed as a legitimate and fully functioning state.
Yet Somalia attempted to assert itself as the legal successor of the state of Somaliland. This claim, however, is flawed and misleading. In fact, the former president of Somalia, Adan Aday, even registered the UN seat as the Somali Republic, which originated from the state of Somaliland independence. This act can be seen as a fraud perpetrated against the state of Somaliland. To this day, Somalia continues to use the credentials of Somaliland from June 26 for the UN seat and falsely presents itself as the Republic of Somaliland.
Somalia was initially designated as a UN trusteeship set to gain independence in December 1960, but quickly and without consent, it acquired Somaliland’s documents and secured a UN seat on July 1st. This act can be seen as a fraud perpetrated against the state of Somaliland. Then the situation quickly went from union to occupation.
For over 60 years, Somalia has occupied Somaliland, a situation that persists to this day from 1961 to 1990, and here’s why.
In 1960, only Somaliland was regarded as a state and an independent one. Till today, Somalia has been unable to bring a single shred of evidence showing a union between Somaliland and Somalia that met all the requirements of international law to make it valid and binding, not a single one.
The idea of Somaliland being a secessionist state is merely a narrative of Somalia and not a legal reality.
In 2005, the African Union Fact-Finding Mission concluded there was no union or ratification. The fact-finding mission in 2005, which has summarized its findings as Somaliland’s search for recognition, is historically unique and self-justified in African political history.
But it’s time to uncover the truth. The international community will eventually deal with this. Somalia can’t occupy Somaliland for any longer. Somalia’s clinging to this bogus unity is driven by the fact that they lack solidifying documents to support their own situation. It is unfair that Somaliland’s documents are being used by Somalia at the UN while Somalia itself lacks the proper credentials.
But there’s more to the story.
Somalia, unlike Somaliland, faces a significant challenge when it comes to internationally demarcated or defined borders. When Somalia became a state, it inherited a boundary problem left behind by Italy. Adding to the complexity, Somalia lacks a definitive piece of paper to indicate its sovereignty guarantee.
In contrast, Somaliland possesses well-documented credentials and independence documents. The absence of international recognition and the dispute surrounding Somalia’s changing narrative to secessionists covered up the reality.
Meanwhile, Somaliland stands firm with its legally recognized status and documented independence.
Somaliland, despite its rightful claim to sovereignty and its efforts to seek recognition, faces resistance from Somalia. Somalia knows that if the case were to be taken to the international court, they would likely lose, further complicating their position.
