This article, “Somaliland’s Legal Basis for Retaining Sovereign Control of Its Airspace,” presents the legal basis for Somaliland’s claim to sovereign control over its airspace.
The author, Engineer Abdi Ali Barkhad, argues that Somaliland’s claim is supported by:
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The Chicago Convention (1944): Somaliland argues that as the British Somaliland Protectorate was represented during the signing of the convention through the UK, upon regaining independence in 1991, the rights outlined in the convention, specifically Article 1 granting states sovereignty over their airspace, reverted to Somaliland after its union with Somalia collapsed.
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Principles of State Succession: Somaliland contends that when the union with Somalia dissolved in 1991, its sovereign territorial rights, including airspace control, returned to Somaliland as the successor state.
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Domestic Aviation Legislation: Somaliland has enacted laws affirming its sovereignty over its airspace, regulating civil aviation matters, and establishing enforcement mechanisms.
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Administrative Control: Somaliland has exercised continuous administrative control over its airspace for over 30 years, including issuing flight authorizations and managing aviation standards.
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Dispute with Somalia: Somaliland dismisses Somalia’s claim to its airspace, arguing that it is based on international recognition, not effective control. The author also raises concerns about the Somali government’s ability to guarantee aviation safety due to alleged links with Al-Shabaab.
In conclusion, the author argues that Somaliland’s claim is based on international conventions, legal principles, domestic legislation, and its long history of effective control, forming a strong case for its continued authority over its airspace. The author is clearly a supporter of Somaliland’s independence.
The complete piece is as follows:
Somaliland’s Legal Basis for Retaining Sovereign Control of Its Airspace
By Eng. Abdi Ali Barkhad
1. The Chicago Convention on International Civil Aviation (1944)
Somaliland maintains that it retains sovereign authority over its airspace based on the international legal framework established under the Chicago Convention.
The British Somaliland Protectorate was represented through the United Kingdom when the Convention was signed in 1944.
Upon Somaliland’s restoration of independence in 1991, it argued that it succeeded to these rights.
Article 1 of the Convention clearly states:
“Every State has complete and exclusive sovereignty over the airspace above its territory.”
Somaliland asserts that this legal sovereignty reverted to it following the collapse of the 1960 union with Somalia.
2. Principles of State Succession (Vienna Convention, 1978 & Customary International Law)
The Republic of Somaliland’s position is reinforced by well-recognized rules of state succession, which dictate that when a union dissolves or a state withdraws from it, sovereign territorial rights, including the authority over airspace, return to the successor state.
The Republic of Somaliland contends that the unratified union formed with Somalia in 1960 effectively ended in 1991 after Somaliland reinstated it as independent due to the total collapse of the Somali state and governance structures.
Therefore, its sovereign territorial powers, including airspace control, legally reverted to the Republic of Somaliland state.
3. Republic of Somaliland Domestic Aviation Legislation
Somaliland has enacted comprehensive aviation laws that codify its sovereign authority over its territorial airspace. These include:
- Affirming the inviolability of Somaliland’s airspace.
- Asserting exclusive state authority to regulate and manage all civil aviation matters.
- Establishing legal frameworks for permits, authorizations, overflight rules, and enforcement mechanisms.
These domestic laws reinforce Somaliland’s claim by demonstrating active, legally grounded governance over its airspace.
4. More Than 30 Years of independent state of Government Administrative Control
Somaliland has consistently exercised uninterrupted administrative control of its airspace for over three decades. This includes:
- Issuing flight authorizations and overflight permissions.
- Managing aviation standards and coordinating with international operators.
- Regulating aviation safety and compliance procedures.
Recently, Somaliland has strengthened requirements for all aircraft to obtain prior authorization before entering its airspace.
This reflects a functioning regulatory system grounded in national security and sovereign oversight.
5. Dispute with Somalia and International Recognition Issues
While Villa-Somalia claims authority over the airspace of Somaliland, Somaliland disputes this on both legal and practical grounds.
Somaliland argues that Somalia’s claim is based solely on international recognition rather than effective control.
The Republic of Somaliland has formally institutionalized its airspace management structures and continues to exercise as an independent state reinstated its statehood lost in 26 June 1960 authority over its airspace, supported by legal reasoning, historical treaties, and operational practice.
The Villa-Somalia administration, which exercises authority over only a limited zone in and around Mogadishu, has repeatedly demonstrated its inability to effectively or reliably manage the airspace of Somalia and Somaliland. This lack of confidence is reinforced by credible reports and widely documented evidence showing elements within the Mogadishu-based regime maintain links with Al-Shabaab operatives, a militant organization responsible for sustained terrorism, assassinations, and widespread insecurity across the region.
Such associations raise serious concerns regarding the regime’s capacity to guarantee aviation safety, maintain oversight of critical air operations, or uphold international aviation standards. As a result, numerous regional and international stakeholders question whether Villa-Somalia can be entrusted with responsibility for securing the airspace, a responsibility essential for the safety of commercial flights, humanitarian operations, and broader regional stability.
Conclusion
Somaliland’s assertion of sovereign control over its airspace is based on:
- International conventions to which it claims independent state.
- Legal principles of state restoration under international law.
- Clear domestic legislation affirming sovereignty.
- Over 30 years of effective administrative and regulatory control.
This combination of historical, legal, and practical foundations forms a comprehensive argument for Somaliland’s continued authority over its airspace.
