THE SHINING IVORY IN EAST AFRICA. “ SOMALILAND”
Somaliland does not consider itself as being part of Somalia; it
views itself as a sovereign state, even though the International
community has stubbornly failed to recognize it as such since it
broke away from Somalia in 1991.
Most Somali landers are still haunted by the memoires of May 1988,
when Dictator Siad Barre’s generals bombed “Northwestern Somalia”
Today Somaliland, a stronghold of the opposition Somali National
Movement the SNM, and killed over 50 thousands of Somaliland people,
memories of this massacre are the glue that holds Somali landers
together, like Jews whose memories of the Holocaust are never
allowed to fade.
Somali landers will never let it get that bad again. That is why a
Mig-17 fighter jet that was shot down during Dictator Siad Barre’s
carpet-bombing attacks has been permanently mounted as a public
monument in a prominent square call “ Khariyada”, in Somaliland’s
capital Hargeisa, a physical reminder of the atrocities committed,
and a symbol of Somali landers’ defiance.
When Somaliland gained independence from Britain in 1960, it opted
to unite with the newly independent Somali Republic,” Which after
the Second World War had become a UN trusteeship under Italian
administration”. In 1991, it decided to forge its own path and
disassociate from the dysfunction that marked both the latter part
of Barre’s regime and the warlords that replaced it. “Somaliland
claims that since no legislation was passed to officially unite this
former British protectorate with Somalia, it has every right to
reclaim its territory.” Somaliland adopted unique hybrid system of
governance that incorporates elements of traditional customary law
(known as xeer ), Sharia law and modern secular institutions,
including a parliament, a Judiciary, an Army and Police force. The
Guurti, the upper house of Somaliland’s legislature selected by
their respective clans.
The Guurti wilds enormous decision-making powers and is considered
one of the stabilizing factors in Somaliland’s inclusive governance
model. Michael Walls described Somaliland’s governance model as “the
first indigenous modern African form of government” that fuses
traditional forms of organization with those of representative
democracy.
President Muse Bihi Abdi came to power in 2017 following elections
that were free and fair by international observers. In 2001, 97% of
Somali landers voted for a Constitution that declared Somaliland and
independent nation. Somaliland governance model is based on a system
that is prevalent in many parts of Somalia. Somaliland may just
provide a sustainable governance model that could be replicated
throughout Somalia.
Those who argue that Somaliland is a spoiler in Somalia’s dream of a
united country fail to recognize that the government in Mogadishu
doesn’t offer much of an alternative and lacks credibility in the
eyes of many Somalis, particularly Somali landers. Current President
of Somalia “ Farmaajo”, and his predecessors were not elected
through a nation-wide-referendum or general election but through a
highly corrupt system that allowed selected clan elders to form “
electoral colleges” that cast the vote. Besides, President
Farmaajo’s authority, like his predecessors’, does not extend much
beyond Mogadsihu since most of the country is still controlled by
clan-based fiefdom or Al-Shabaab. His and his predecessors’
governments have been viewed by many Somalis as Western-backed
processes established to please the international community and to
create the illusion of a Western-style democracy in Somalia.
Whereas the union of Somaliland and Somalia on July 1, 1960 was a
voluntary agreement; and whereas the dissolution of the same union
is perfectly in accordance with Constitutive Act of the African
Union; and whereas the issue of the inviolability of the colonial
boundaries is a matter of technicality; and whereas the Right to
Self-determination is enshrined in the Charter of the United nations
Organization; and whereas the government and the people of
Somaliland have established a functioning defector state without
encumbering the international community for assistance; then it
is time to evaluate the merits and the legal soundness of
Somaliland's case for international recognition in compared to the
following historic precedents:
On August 6, 1815 Norway and Sweden formalized an Act of Union of
their kingdoms. At the time Europe was recovering from the
Napoleonic wars and there was no objection to the union. However,
because of extreme dissatisfaction in Norway, the parliament of
Norway unanimously and unilaterally declared the dissolution of the
union effective June 7, 1905. A national referendum held on August
13, 1905 confirmed the decision of the Norwegian parliament; and on
October 16, 1905 the parliaments of Sweden and Norway revoked the
Act of Union. As indicated earlier there had been no official Act of
Union between Somaliland and Somalia; therefore, no legal agreement
to dissolve.
In 1950, Ethiopia and Eritrea formed a federal state. This union
resulted in an atrocious thirty-year war that wreaked havoc on the
civilian population of Eritrea. To avert further bloodshed, the
international community intervened. Ethiopia and Eritrea parted ways
in 1993. The case of Somalia and Somaliland is not any different by
any stretch of the imagination;
In February, 1958 the Arab Republic of Egypt and the Syrian Arab
Republic consummated the United Arab Republic as a result of a
plebiscite held in both countries. This union lasted until October
13, 1961, when Syria reverted back to its original status as an
independent nation.
In 1960, the short-lived union of Mali and Senegal was dissolved
without any border crisis;
On August 9, 1965, the Union of Malaya and Singapore ceased to
exist. It was a mutual decision of the two contracting parties;
In February, 1982 Senegal and Gambia formed a confederation named
Senegambia. Dissatisfactions and disillusionment with the slow pace
of integration and harmonization of the institutions of the
confederation forced President Abdo Diof of Senegal to unilaterally
dissolve the confederation on September 30, 1989.
The Perestroika and the Glasnost policies of President Mikhail
Gorbachev of the Union of Soviet Socialist Republics have left a
permanent transformation on the political map of Europe and Russia.
The old Soviet constitution has no mechanism for dismantling the
mighty Soviet Union. More than a dozen nations emerged from the
implosion of the Soviet Union without any appreciable threat to the
peace and security of the world.
On December 31, 1992 the Republic of Czechoslovakia ceased to exist
and on New Year's Day, January 1, 1993, the Czech Republic and the
Slovak Republic came into being.
The disintegration of the Yugoslavia posed a serious problem in
central Europe. However, the European Union averted the impending
catastrophe by granting immediate recognition to Slovenia and
Croatia. The ethnic cleansing in Bosnia-Herzegovina necessitated the
direct intervention of NATO forces.
On November 14, 1975, Spain departed its last colonial possession in
Africa without transferring the affairs of the territory to the
local population. In 1976, Morocco and Mauritania intervened and
claimed sovereignty over the territory. The indigenous people formed
the POLISARIO liberation movement. Through the intervention of the
African Union, the Saharawi Arab republic is recognized by more than
forty countries.
Also in 1975, the Portuguese government abruptly terminated its
colonial rule in East Timor. On July 7, 1976 East Timor declared its
independence. Nine days later, on July 16, 1976 Indonesian troops
invaded East Timor. Over the next twenty-two years, more than
200,000 East Timorese lost their lives due to Indonesian army
repression, famine, disease, and starvation. The downfall of
President Suharto and the international outcry against the
atrocities of the Indonesian army facilitated an internationally
supervised referendum. In the plebiscite of August 30 1999, more
than 78.5% of the population voted for independence finally, on May
20, 2002 East Timor reclaimed its sovereignty.
The preceding examples illustrate some of the historic precedents in
the dissolution of unions or the application of the principle of
self-determination in other instances, such as Bangladesh [1971],
Eritrea [1993], and East Timor [1999]. The same criteria should
apply to Somaliland as well.
ANIIS ABDILLAHI ESSA “ FOUNDER “
SOMALILAND ADVOCACY GROUP
WASHINGTON DC. USA
aniis@yahoo.com
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