The story of Somaliland’s fight for international recognition is one of those rare tales that blend history, law, and a relentless pursuit of justice. It is a story that has been overlooked for far too long, but it is one that demands attention. At its core is the untold narrative of Somaliland’s UN seat in 1960, a story that highlights the region’s legitimate claim to sovereignty and recognition. The evidence, both historical and legal, makes a compelling case for Somaliland’s right to be recognized as an independent state, separate from Somalia. This is not just about morality; it is about facts, treaties, and international law.
The Historical Backdrop: Somaliland’s Independence and the UN Seat
Let us rewind it to June 26, 1960. On this day, Somaliland gained independence from Britain, becoming a sovereign state. This was not just a symbolic moment; it was formalized when British diplomat Sir Pearson Dixon submitted Somaliland’s independence paperwork to the United Nations on behalf of the Queen and the UK Council. At that point, Somaliland was recognized as an independent entity, meeting the requirements of the UN Charter (Article 4), which states that recognition is a prerequisite for UN membership.
But here’s where things get messy. Just five days later, on July 1, 1960, Somaliland entered a voluntary union with the Trust Territory of Somalia (formerly Italian Somaliland) to form the Somali Republic. Sounds straightforward, right? Except it was not. This union was never legally formalized. No treaty of union was ever signed, ratified, or registered with the United Nations, as required by Article 102 of the UN Charter. This oversight has had massive implications for Somaliland’s legal status ever since.
- The Legal Argument: Why Somaliland’s Case Holds Water
There Was No Legal Union Between Somaliland and Somalia.
For a union between two states to be legally binding, it must be formalized through a treaty that is signed, ratified, and registered with the UN. In the case of Somaliland and Somalia, no such treaty exists. In fact, Somaliland’s parliament rejected the act of union in 1961, further undermining any claim to a legal merger. Without a registered treaty, the union lacks legal validity under international law. It is as simple as that.
- Somalia Was not Sovereign at the Time of the Union
Here is another critical point: at the time of the supposed union in 1960, Somalia was under UN trusteeship and Italian control. This means it lacked the sovereignty required to enter a legal union. According to UN Trusteeship records, Somalia did not gain full sovereignty until June 30, 1960. So, on July 1, 1960, when the union was declared, Somalia was not in a legal position to form a union with Somaliland. A legal union requires both parties to be fully sovereign and independent that was not met.
- Somalia’s UN Seat Relies on Somaliland’s Sovereignty
Here is the kicker: Somalia’s claim to a UN seat is based on the sovereignty that Somaliland had already established on June 26, 1960. Without Somaliland’s independence status, Somalia would have no legitimate claim to a UN seat. This is a classic case of neocolonialism, perpetuated by Italy, the former colonial power, which manipulated the UN process to engineer Somalia’s fraudulent claim.
- Somalia’s Presence in Somaliland Is Illegal Under the UN Charter
Somalia’s presence in Somaliland is not just controversial; it is illegal under international law. Article 2(4) of the UN Charter prohibits territorial expansion by force. Somaliland has maintained its separate identity and governance structures since declaring independence from Somalia in 1991. The international community’s failure to recognize Somaliland’s sovereignty has allowed this illegal occupation to persist.
- Somaliland Meets the Criteria for Statehood
The Montevideo Convention of 1933 outlines the criteria for statehood: a defined territory, a permanent population, a government, and the capacity to enter relations with other states. Somaliland checks all these boxes. It has defined borders, a stable government, and a population that overwhelmingly supports independence. Meanwhile, Somalia lacks defined borders and legitimate sovereignty, as evidenced by its failure to ratify any treaty of union with Somaliland.
The Human Cost of Non-Recognition
The failure to recognize Somaliland is not just a legal or political issue; it has real human consequences. Somaliland has been a beacon of stability and democracy in the Horn of Africa, yet it remains unrecognized. This limits its ability to engage in international trade, secure development aid, and protect its citizens. The Isaac clan, in particular, has suffered genocide and military occupation, crimes that have gone unaddressed due to the international community’s reluctance to acknowledge Somaliland’s sovereignty.
It is Time to Right a Historical Wrong
Somaliland’s case for recognition is not just about correcting a historical oversight; it’s about upholding the principles of international law. The evidence is clear: there was no legal union between Somaliland and Somalia, and Somaliland’s sovereignty was established long before Somalia’s independence. The international community must rectify this injustice and recognize Somaliland as an independent state. Doing so would not only reward a nation that has demonstrated resilience and stability but also reinforce the principles of sovereignty and self-determination that the United Nations was founded to uphold.
The world cannot afford to ignore Somaliland’s story any longer. It is a story of perseverance, legitimacy, and an unwavering commitment to justice. The time has come to listen and to act.
Abdulrasaq Cadami Somaliland Strategic Advisory Group (SL-SAG)
Political Analyst and Commentator Focus on Horn of Africa Affairs