This opinion piece, “Somaliland’s Statehood: A Historical and Legal Response,” written by Abdi Ali Barkhad, argues for the international recognition of Somaliland as a sovereign state. It refutes claims against Somaliland’s statehood by so-called “Somali intellectuals” by outlining the historical and legal basis for Somaliland’s independence.
Here’s a breakdown of the key arguments:
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Historical Argument: Somaliland gained independence from Britain on June 26, 1960, and was recognized by over 30 countries. It voluntarily united with Somalia on July 1, 1960, but this union was flawed because the Act of Union was never properly ratified.
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Collapse of the Union: The dream of a unified “Greater Somalia” (Pan-Somalism) failed as other territories (Djibouti, Ogaden, NFD) took different paths. The union with Somalia led to political marginalization, violence, and atrocities against the people of Somaliland under Siad Barre’s regime.
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Restoration of Independence: In 1991, after a long struggle, Somaliland reclaimed its independence, not as a secession but as a restoration of its original sovereignty.
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Legal Arguments:
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Colonial Borders Doctrine: Somaliland’s borders match those of the former British Protectorate, a principle upheld by the African Union.
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Pre-1960 Recognition: The initial recognition of Somaliland in 1960 remains valid.
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Non-Ratification of Union: The lack of a legally binding treaty formalizing the union with Somalia invalidates the union under international law.
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Right to Self-Determination: The systematic oppression experienced by Somaliland justifies its right to self-determination.
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African Union Fact-Finding Mission: A 2005 AU mission acknowledged the uniqueness of Somaliland’s case and the injustices it suffered during the union.
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Somaliland’s Achievements: Since 1991, Somaliland has established a functioning democracy with peaceful elections, a multi-party system, and stable institutions, fulfilling the criteria for statehood under the Montevideo Convention.
The author concludes that Somaliland’s case for recognition is strong based on history, legal precedent, and its demonstrated capacity for self-governance, and urges the international community to formally recognize it.
The complete piece is as follows:
Somaliland’s Statehood: A Historical and Legal Response
By Eng. Abdi Ali Barkhad
Introduction
A number of self-proclaimed Somali “intellectuals” from the former Italian colony have recently published articles challenging Somaliland’s right to statehood. Their arguments, however, fail to acknowledge the historical realities and legal foundations of Somaliland’s independence. This paper clarifies the legitimacy of Somaliland’s sovereignty by examining history, international law, and the political will of its people.
Historical Background
On 26 June 1960, the British Protectorate of Somaliland attained full independence as the State of Somaliland. Within those five days, Somaliland received recognition from over 30 UN member states, including the United Kingdom, Israel, Egypt, Ethiopia, and others (Foreign and Commonwealth Office Records, UK National Archives, 1960).
On 1 July 1960, Somaliland voluntarily united with the Trust Territory of Somalia (former Italian colony) to form the Somali Republic. However, the union was never formalized by a binding treaty. The draft Act of Union was never ratified by both legislatures, and what was signed was only a hastily prepared “Law of Union” that had no legal force at the time (Academy of African Languages, 1961). This meant that the so-called “union” remained defective in international law.
The Collapse of Pan-Somalism and the Union
The union was driven by Pan-Somalism, the vision to unite all Somali territories, including Djibouti, the Ogaden (Western Somalia under Ethiopia), and the Northern Frontier District under Kenya. However, this dream collapsed within decades. Djibouti chose independence in 1977, Ethiopia consolidated control over the Ogaden, and Kenya integrated the NFD.
For Somaliland, the “union” quickly turned into political marginalization, military occupation, and eventually state-sponsored violence. Under Siad Barre’s regime, the people of Somaliland endured mass killings, aerial bombardments, and human rights atrocities, particularly during the 1980s. Human Rights Watch (1990) documented the destruction of Hargeisa, Burao, and other cities, amounting to crimes against humanity.
Restoration of Independence in 1991
After a decade-long armed struggle by the Somali National Movement (SNM), Somaliland reclaimed its sovereignty. In May 1991, at the Grand Conference in Burao, delegates from all Somaliland clans convened for a month and unanimously declared the restoration of the Republic of Somaliland within its colonial borders.
This declaration was based not on secession but on the restoration of sovereignty that had legally existed in June 1960.
Legal Foundations of Somaliland’s Case
- Colonial Borders Doctrine:
The African Union and the Organization of African Unity (OAU) adopted this principle in 1964, stating that newly independent African states must maintain colonial borders to prevent instability. Somaliland’s claim fits this principle precisely, as its borders are identical to those of the former British Protectorate. - Pre-1960 Recognition:
The State of Somaliland in June 1960 was recognized by at least 30 countries. Its sovereignty was not extinguished by any legal instrument; thus, international recognition remains a valid foundation (Bradbury, Becoming Somaliland, 2008). - Non-Ratification of Union:
The UN Charter (Article 102) requires treaties of union to be deposited with the UN Secretariat. No such treaty was filed for the union of Somaliland and Somalia. This absence reinforces that the union lacked legal standing. - Right to Self-Determination:
Enshrined in the UN Charter (Article 1(2)) and the International Covenant on Civil and Political Rights (1966), self-determination applies where peoples are subjected to systematic marginalization or violence. Somaliland’s decision in 1991 is consistent with this right. - African Union Fact-Finding Mission (2005):
An AU mission to Somaliland reported:
“The case of Somaliland is unique and self-justified in African political history. It is not comparable to other secessionist claims… The Union of 1960 brought enormous injustice to Somaliland.” (AU Fact-Finding Mission Report, 2005).
Somaliland’s Achievements Since 1991
For over three decades, Somaliland has built functioning state institutions and democratic governance:
- Five peaceful presidential elections based on one-person-one-vote.
- A multi-party system with peaceful transfers of power.
- Relative peace and stability, in contrast to Somalia’s chronic instability and Al-Shabaab insurgency.
- Institutions of statehood, including a central bank, judiciary, army, and parliament.
These achievements confirm Somaliland’s capacity for self-governance, meeting the Montevideo Convention criteria (1933) for statehood:
- Defined territory,
- Permanent population,
- Government,
- Capacity to enter into relations with other states.
Conclusion
Somaliland’s case is clear: it is not a secessionist movement but a restoration of sovereignty that legally existed in June 1960. The union with Somalia was never ratified, Pan-Somalism has collapsed, and Somaliland has since built a peaceful, democratic state.
The writings of certain “Somali intellectuals” cannot erase history, legal facts, or the will of Somaliland’s people. The international community, guided by law, precedent, and pragmatism, must now take the next step: formal recognition of Somaliland as a sovereign state.
References
- African Union Fact-Finding Mission to Somaliland Report (2005).
- Human Rights Watch. Somalia: A Government at War with Its Own People (1990).
- Bradbury, Mark. Becoming Somaliland (2008).
- United Nations Charter (1945).
- International Covenant on Civil and Political Rights (1966).
- Montevideo Convention on the Rights and Duties of States (1933).
- UK Foreign and Commonwealth Office Records, National Archives, June 1960.
