By Ibrahim Kadar Saeed
Somalilandsun – The State of Somaliland received its independence from Great Britain on 26 June 1960, by Royal Proclamation of Her Majesty Queen Elizabeth II. In accordance with United Nations procedures pertaining to decolonization, the documents establishing the transfer of sovereignty were deposited with the United Nations. 1
On July 1st 1960, Somaliland and Somalia declared their union as the Somali Republic. The merger was intended to pave the way for unification of all the Somali territories under a single flag.
Somaliland Parliament was passed a law which intended for the legal political union of the two countries this time was one day after the independence (27 June 1960), but authorized representative from Somalia declined to sign the document, then the document remained without force in Somalia side.
Another legal problem came after, because Somalia legislature approved on 1st July 1960 a different document called Atto Di Unione (Act of union). Atto Di Unione was conceived without the knowledge of Somaliland. This union cut the bridge and purpose of the real union by the way Somaliland was never signed this document and document without sing cannot be enforced.
After that Somalia attempted to compensate this legal limbo, so it was made on 31 January 1961 and Muqdisho National Assembly repealed the Somaliland and Somalia Union law (New act of union was introduced retroactively). This act was not effective because it didn’t compromise both side (Somaliland and Somalia).
After the deceive and illegal union Somaliland people receive a huge human rights violation from Siyad Barre regime. If we look the international law of self-determination a people can declare their independent or their political and economic interest if any international violation faced to their dignity and humanity.
Essentially, the right to self-determination is the right of a people to determine its own destiny. In particular, the principle allows a people to choose its own political status and to determine its own form of economic, cultural and social development. Exercise of this right can result in a variety of different outcomes ranging from political independence through to full integration within a state.2
The right to self-determination of peoples is recognized in many other international and regional instruments, including the Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States adopted the UN General Assembly in 1970, the Helsinki Final Act adopted by the Conference on Security and Co-operation in Europe (CSCE) in 1975, the African Charter of Human and Peoples’ Rights of 1981, the CSCE Charter of Paris for a New Europe adopted in 1990, and the Vienna Declaration and Programme of Action of 1993. It has been affirmed by the International Court of Justice in the Namibia case, the Western Sahara case, and the East Timor case, in which its erga omnes character was confirmed. The scope and content of the right to self-determination has been elaborated upon by the UN Human Rights Committee and the Committee on the Elimination of Racial Discrimination.3
All this international law can be legal argument of Somaliland government, also at Metevideo Convertion (treaty was signed in Uruguay on December 26, 1933. It entered into force on December 26, 1934) lay down the basic requirement of statehood as the following
1. A permanent population
2. A defined territory
3. A stable system of government
4. Capacity to enter into relations with Sovereign States.4
It is proof that Somaliland have all this requirement so it is unclear why international community still blind what is going on in Somaliland?
Somaliland is nation of courage, because its people achieve many successes which can be lessons to other African nation let alone other far nations look Somalia (failed state).
Somaliland is one of the un-recognized nations in the world which have it’s our sovereignty, people and its own legal system which means constitution or other domestic laws. It has also legitimate government, legislation (Representatives and council of elders), and powerful troops.
Somaliland have been held a lot of fair and free election such as 1993 presedential election which was elected to the power Mohamed Ibraahim Egal and also 1996 Mohamed H, Ibraahim Egal was re-elected the second term. 2001 people of Somaliland were take referendum on the constitution which 97% endorsed with Yes vote. 2003 were elected the president of Somaliland Daahir Rayaale Kahin and local government election, parliament or legislation councils were elected in 2005. The present government was elected 2010; I mean Ahmed Mohamed Mahamoud was elected the office in that year. Nearly, 2012 the local elections were held fair and free although there were some political organizations disputed the result of some ballot stations.
Finally, Somaliland is the nation of peace and development because the last 21 years Somaliland achieving progress, prosperity and good and fame name. Its people were open heart and alert to their security.
The question is: Why the international community, nations, organizations and people have international entity attempting to persuade Somaliland the union of Somaliland? Answer of this question is on the lips and mouth of these international figures.
All in all, Somaliland people say to the other worlds who are trying to work unfair and illegal union between Somaliland and Somalia:
• Our dignity depends on Somaliland and who are the people in the world wants to lose their honor and self-respect?
• The new community and generation of Somaliland grow peace and prosperity how they can adopt humiliation and life of war and terrorism aspects?
• Our blood is written the name of Somaliland how we can pour it?
• Education is our foundation how we can choose famine, drought and even ignorance?
• Our discussion is based on listening and respect how we can prefer the sound of bullets and dangerous weapons?
• We say to you (Somalia) good bye and Allah Pleased you peace and progress as Somaliland.
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1. A short briefing paperA H Nur, pg 4 (April 201)
2. African Security Review 12(4)2003
3. http://www.unpo.org/article/4957
4. Montevideo Convention on the Rights and Duties of States (signed in Uruguay on December 26, 1933, entered into force on December 26, 1934
Ibraahim Khadar Sa’ed (JMG Group and student of law at UOH), Hargeisa Somaliland (ibraahimkhs@hotmail.com)
