4.11 Dissolution of the Act of the Union as opposed to Secession
The second legal argument that may justify the non-recognition of Somaliland is to claim that Somaliland seeks illegitimate secession. This argument is based on the assumption that Somalia functions as a state and accordingly granting any recognition to Somaliland violates the territorial integrity of Somalia and consequently dismembers Somalia from the international community. Secondly, the proponents of this view argue that Somaliland can seek internal self-determination instead of external. This argument is baseless because it ignores the political vacuum, the lawlessness, the anarchy and the social chaos that prevail Somalia today. Thus, any argument regarding the relationship between Somalia and Somaliland should depart from dissolution of union point of view instead of secession let alone illegitimate secession.
4.12 The Geo-Political Position of Somaliland
The geopolitical position of Somaliland is such one that attracts both regional and international interests. The reason is, that Somaliland locates in one of the most strategic regions in the world; the Gulf of Aden. The Gulf of Aden links the three major continents of the world; Asia, Africa, and Europe. The Gulf of Aden is strategic primarily for trade reasons because it is the biggest trade route in the world through which 16,000 commercial vessels cruise yearly.
In addition. most countries in the Gulf region are rich with oil and thus they need to channel their exports through the Gulf of Aden to the outside world. Secondly, the Gulf of Aden is important for security reasons. The war against terrorism and piracy has impacted on the determination of Somaliland. This means that there are multiple stakeholders in relation to the non-recognition of Somaliland. In the following chapter, let us consider the most important of these stakeholders.
4.13 The AU Position on the Recognition of Somaliland
The major opponent to the case of Somaliland is the AU. African leaders are skeptical about borders and any claim that questions it. In view of the AU, recognizing Somaliland sets a precedent for similar claims and therefore such recognition ‘may trigger a Balkanization’ of the entire continent. This argument is ill-founded for several reasons.
First, it is not reasonable to simply argue that the case of Somaliland cannot be considered because of its secessionist motive. The problem of Somaliland is unique and truly new to Africa. We are dealing with de facto state for 20 years besides a failed state the same period. The AU itself sent a fact-finding mission to Somaliland that recommended that objectively viewed, the case should not be linked to the notion of “opening a Pandora’s box”. As such, the AU should find a special method of dealing with this outstanding case.
Secondly. OAU/AU has already recognized similar secessionist claims, which rebut the argument that Somaliland sets a precedent for the rest of African. By recognizing the Western Sahara and Eritrea as independent states and by lobbying for the secession of South Sudan, the question of whether secession is acceptable in Africa is settled. Thirdly, Somaliland lacks institutional capacity, which enables it to respond to the challenges that it faces due to the lack of recognition because it cannot transact with the outside world since it lacks official recognition.
In addition. Somaliland cannot sustain its current situation without international recognition. There is a great possibility that Somaliland can collapse like the rest of Somalia if it is not granted urgent recognition. Such collapse may have wider ramifications to the entire continent.
4.14 The League of Arab Slates Position on the Recognition of Somaliland
The league of Arab States is the second major stakeholder that plays a critical role in the non-recognition of Somaliland. There is a number of reasons for the Arab countries’ concern about Somaliland’s recognition.
Firstly, Somalia as a whole was a member country of the League. Consequently, any partition of a member country is contrary to the spirit of the Charter of the League.
Secondly, there is a great fear that Israel might use the strategic military base of Berbera for military purposes, which is a sensitive issue to the security of the Arab countries.
Thirdly, there is another concern that Ethiopia might be the mastermind behind the secession of Somaliland because it has interests in Somaliland’s waters since Ethiopia is a land-locked country. This scenario is also fearful to Arab countries because they consider Ethiopia the African twin of Israel. One of the reasons is that there is a potential dispute between Ethiopia and the most populous Arab country; Egypt about the Nile river waters; Therefore, Somalia should remain stronger and united in order to play an effective regional role that could mitigate Ethiopia’s threats to the Egyptian interests.
4.15 Major Players and their Role in Somaliland Recognition
Internationally, two major powers are notable here; the US and the EU. It seems that the ease of Somaliland confuses these two powers and consequently, their attitude is contradictory. On one hand, both the EU and the US are worried about the instability of Somalia and at the same time so keen about the stability of Somaliland.
On the other, both the US and the EU have special relations with the other stakeholders in the case of Somaliland: the African and Arab countries. This means that the US and the EU have greater interests both in Africa and in the Arab world. Therefore, neither the US nor the EU wishes to harm its relations with these regional players by recognizing Somaliland, because taking such a step will mean sacrificing greater interests in favor of a tiny country; Somaliland.
Hence, in order to promote the case of Somaliland, the EU and the US need to whisper in the deaf ears of the Arab and the African leaders. It is clear then that the people of Somaliland are suffering not because they are guilty of illegitimate secession but because they are victims of contradicting interests of the world major powers.
[su_button url=”https://saxafimedia.com/in-depth-study-obstacles-non-recognition-somaliland-political-legal/15/” style=”soft” size=”12″ wide=”yes” center=”yes” text_shadow=”0px 0px 0px #FFFFFF” rel=”lightbox”]CONTINUE READING ON CHAPTER FIVE >[/su_button]
