Ali Mazrui points out to the apparent contradiction between OAU/AU support for self-determination under colonialism, and opposition to the application of the same principle in a post-colonial setting. What makes the demand legitimate in one case but not in the other? Are there circumstances in which it can have validity in independent Africa? He has made a daring effort to reconcile this contradiction by articulating a distinction between colonial and post-colonial self-determination. Asserting that African independence had been demanded the appealing to liberal individualism rather than to collective self-determination, he concludes that there was, ‘therefore no inconsistency after independence in denying “self-determination” to the Somalis and other “tribal” groups.’
A useful resource on Somaliland is “Status and (Human Rights) Obligations of Non-Recognized De Facto Regimes in International Law: The Case of •Somaliland“. Another work that cites Somaliland within the context of failed states is States and Power in Africa: Comparative Lessons in Authority and Control by Jeffrey Herbst.
Herbst sees Somaliland within the context of what he terms “the new type of state disintegration that parts of Africa is undergoing”, where a new state emerges from simply exiting a failed state. Herbst follows this up by making a case for needed policy changes that allow for new states like Somaliland to be brought into the international economy, so as to benefit from engagement with institutions like the World Bank and the International Monetary Fund.
Since its unilateral independence in 1991, Somaliland has generated a lot of online journalistic commentaries, periodical articles, academic analyses, opinion and commentary pieces associated with the larger Somalia conflict and resulting political environment, there are sources that provide regular periodic updates on Somalia/Somaliland, such as the International Crisis Group (ICG) “Africa Reports’ that address the situation in Somaliland. In this regard, the reports and research paper; that have been produced by Matt have been invaluable sources of information for keeping abreast of ongoing developments in the Somali region, including Somaliland.
Readily available online sources such as saxafimedia.com, AllAfrica.com, awdalnews.com and hiiraan.com are also useful with respect to understanding unfolding developments in Somaliland as well as the Somali region as a whole. There is much material that is now accessible online on various websites, which has proven very useful.
In his 1994 work, John Drysdale provides an informative account of the local, regional and international politics of Somalia’s disintegration, including the context in which Somaliland’s unilateral independence was declared. Another excellent online source for understanding the liberation struggle context of the SNM, which spearheaded Somaliland’s emergence from the larger conflict is Jack L. Davies August 27, 1994, Civic Webs Virtual Library article on ‘The Liberation Movements of Somalia’.
Several news articles and commentaries capture more recent developments growing out of Somaliland’s quest for international recognition. Many of these sources are readily available on AllAfrica.com and include articles from newspapers of Kenyan origin. Other useful sources are periodically available from BBC News and from a Somaliland website Somaliland.Net.
There are many newspaper commentaries arguing in favor of Somaliland’s recognition as a comparative ‘model’ African state, in a region of conflict and instability, and in need of African and international support to sustain its democratic experiment. In fact, while cases such as Somaliland’s are a hard sell in African and developing world politics, the country has, nevertheless, managed to garner an important degree of political if not official diplomatic support from key African state actors such as neighboring Thousands upon thousands of cassette tapes and master reels were quickly removed from the soon-to-be targeted buildings. They were dispersed to neighboring countries like Djibouti and Ethiopia and Djibouti.
OAU of the most persuasive cases for Somaliland’s recognition is an official South African Department of Foreign Affairs (DFA) legal advisory. In April 2003, the Office of the Chief State Adviser (International Law) produced a report ‘Somaliland’s Claim to Sovereign Status”. This report bases its brief on Somaliland’s fleetingly brief history as an independent state prior to its union with former Italian Somaliland to form the Republic of Somalia. Thus legally Somaliland did not secede from Somalia but simply reverted back to its original independent status in the wake of the dissolution of Somalia.
The reports of the African Union on political developments in Somalia are useful. The findings of fact-finding missions from the AU that have included Somaliland are a point of departure from the previous norm. Somaliland has managed to achieve a certain degree of informal political recognition from African Union member states. However, Somaliland’s case for self-determination and quest of international recognition is in conflict with the African Union’s commitment to maintaining colonial boundaries and territorial integrity.
1.6 Justification of the Study
This study is significant because the people of Somaliland have suffered and are still suffering due to the so-called territorial integrity. It seems that the African Union treats Somaliland as any other secessionist group, which might dismember an African country. It is an unfounded argument to assert that the case of Somaliland is just about secession. Rather it is dissolution of union where Somaliland restores its original boundaries before I960. Government publications emphasize the pre-colonial origins of Somaliland and, consequently, that Somaliland was not an entity which was born after the disintegration of the Siyad Barre dictatorship. Noted in particular are traces of the mined cities of Somaliland – evidence which apparently proves that in ancient prehistoric times a country existed in Somaliland which had its own identity and its own geographic contours (Government of Somaliland, 1997).
1.7 Scope of the Study
There have been a lot of studies done on Somaliland’s pursuit of self-determination. The focus has been mainly on whether Somaliland qualifies for statehood and thus fulfilled the traditional criteria of statehood recognized in the Convention of Montevideo. Only a few have touched on the fact that Somaliland qualifies for being in a situation of union dissolution instead of secession and thus resembles the case of Yugoslavia. Hence, what has not been adequately addressed is the question of what justifies the non-recognition of Somaliland since it is illogical to argue that the case of Somaliland is about secession Somalilanders willingness to settle for the previously established borders of British Somaliland allows them to claim that they are continuing to respect the territorial integrity of Africa’s colonial states and obey the rules to the Charter of the African Union. On the other hand, given the fluid nature of Somali clan ties and the potential axes of division, a territorial state comprising of anything but all Somali-inhabited territory is likely to be uncertain. Nonetheless, self-determination by Somaliland could set an important precedent for other groups in Africa. Those who have challenged the territorial integrity of Africa’s borders provide little guidance on how this might be redrawn and underestimate the difficulties that would result particularly when resource-rich territories such as Sudan and South Sudan are involved. Some efforts towards self-determination are more likely to lead to violence when there are many other groups within the state.
1.8 Hypothesis
- Somaliland’s self-determination quest is based on the dissolution of the union with Somalia than on secession.
- Somaliland has fulfilled the traditional criteria of statehood recognized in the Convention of Montevideo. The main obstacles to the recognition of Somaliland are political more than legal reasons.
1.9 Methodology
The method used in gathering data for the study is mainly library research in doing a comparative analysis on the management of self-determination in Africa. The secondary sources of data collection were obtained through scholarly works on self-determination, territorial integrity, and recognition; from Journals and other documents of political significance. It analyses and seeks to explain the dichotomy between the concept of self-determination and territorial integrity. The study refers to cases in Africa that have grappled with issues of self-determination such as Eritrea and South Sudan. It also looks for global comparison of similar cases of self-determination such as the dissolution of Yugoslavia and contrasts it to the disintegration of Somalia. Finally, the study draws a conclusion from these cases to determine where the case of Somaliland can be fitted.
1.10 Chapter Outline
This study contains five chapters. Chapter one contains the background of the study and the literature review. Chapter two is a conceptual analysis of self-determination and the context in which it is applied. Chapter three reviews territorial Integrity and the management of self-determination. Chapter four analyses the principles of recognition of Somaliland. Chapter five concludes the study and offers recommendations.
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