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    Home » Somaliland’s claim to sovereignty is grounded in a distinctive blend of historical legitimacy, legal precedent, and proven governance
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    Somaliland’s claim to sovereignty is grounded in a distinctive blend of historical legitimacy, legal precedent, and proven governance

    SL ReporterBy SL ReporterMarch 11, 2025No Comments5 Mins Read
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    Somaliland’s pursuit of international recognition is not just another bid for statehood. Unlike many self-determination movements, Somaliland’s claim to sovereignty is grounded in a distinctive blend of historical legitimacy, legal precedent, and proven governance. In an era where global stability often hinges on respecting both historical contexts and international law, acknowledging Somaliland’s unique situation is not only a matter of justice but also a strategic move toward fostering peace in the volatile Horn of Africa.

    On 26 June, 1960, the British Somaliland protectorate achieved independence and was briefly recognized internationally as the State of Somaliland. Merely five days later, it voluntarily merged with the Trust Territory of Somalia (formerly Italian Somaliland) to establish the Somali Republic on 01 July, 1960. While this union was meant to symbolize a Pan-Somali dream, it was fraught with serious legal and procedural flaws.

    The Act of Union, which was supposed to formalize the merger, failed to meet essential international legal standards. It lacked proper ratification and procedural clarity. These legal deficiencies were starkly highlighted in a 1961 constitutional referendum where over 60% of voters in the north rejected the proposed constitution. This overwhelming dissent reflected deep-rooted discontent with the union, particularly among Somalilanders who felt marginalized by the new political arrangement.

    The dissatisfaction in Somaliland reached a critical point in December 1961, when a group of at least 24 British-trained junior officers launched a coup in an effort to restore Somaliland’s independence. Frustrated by the dominance of Italian-trained southern officers in the new Somali military, these officers took control of strategic locations, including Radio Hargeisa, where they declared their intention to end the union.

    Despite the coup’s swift suppression by loyalist forces, its legal aftermath proved significant. During the trial, a British judge acquitted the coup plotters, ruling that the union lacked a valid legal foundation. This judgment not only underscored the union’s shaky legal basis but also provided a crucial precedent supporting Somaliland’s argument that the merger with Somalia was never legitimate under either domestic or international law.

    Legal Foundations for Somaliland’s Statehood

    Somaliland’s assertion of independence rests upon established international legal principles. Specifically, the 1933 Montevideo Convention articulates four criteria for statehood, all of which Somaliland fulfills.

    First, Somaliland possesses a permanent population. This population maintains a stable and identifiable presence, preserving its unique cultural and social identity.

    Second, the territory of Somaliland is clearly defined. Its borders align with those established during the British colonial period, providing a precise territorial framework.

    Third, Somaliland maintains an effective government. Since its declaration of independence in 1991, it has developed strong democratic institutions, fostering peace and stability, a contrast to the instability in Somalia.

    Finally, Somaliland demonstrates a capacity for international relations. Although it lacks formal recognition, Somaliland actively engages in diplomacy, hosts international delegations, and sustains informal relations with various countries and organizations.

    The legal ambiguity surrounding the 1960 union further strengthens Somaliland’s case. The absence of a binding legal instrument to formalize the merger into the Somali Republic implies that Somaliland’s sovereignty was never lawfully dissolved. This argument is reinforced by the 1961 court ruling that essentially invalidated the union’s legal framework.

    More than Secession

    What sets Somaliland apart from conventional secessionist movements is its quest to restore, rather than establish, sovereignty. While most separatist groups aim to break away from an existing, functional state, Somaliland’s struggle is about reversing an ill-conceived and legally questionable union. It is not seeking to fracture a stable nation but to reclaim its rightful status as a sovereign state—a critical distinction that supports its legitimacy under international law.

    In recent years, geopolitical shifts have only bolstered Somaliland’s case for recognition. The region’s strategic importance, including its control of key maritime routes in the Gulf of Aden, makes its stability a valuable asset. Somaliland’s consistent engagement in regional dialogues—such as high-level meetings involving Ethiopian Prime Minister Abiy Ahmed and discussions facilitated by Turkey—illustrates its potential as a reliable partner in regional security.

    Economically, Somaliland’s stability could also unlock new opportunities for trade and development in the Horn of Africa. Its commitment to democracy, human rights, and effective governance presents a stark contrast to the ongoing chaos in Somalia. Recognizing Somaliland would enable it to contribute meaningfully to international institutions and participate in initiatives that promote security and development.

    Broader Implications of Recognition

    Formal recognition of Somaliland would set an important legal precedent affirming the right of peoples to reclaim sovereignty when a union is founded on flawed legal grounds. This move could stabilize a historically volatile region by promoting a governance model based on legality, democracy, and respect for historical boundaries.

    For the international community, welcoming Somaliland into the fold would also be a pragmatic step. It would introduce a stable and democratic entity into the international system—one with valuable insights into post-conflict reconstruction and state-building. Moreover, it could help reshape approaches to self-determination and state legitimacy in a way that aligns with both historical realities and contemporary geopolitical needs.

    Somaliland’s journey is a powerful testament to resilience, legal legitimacy, and democratic governance. The union of 1960, marred by legal oversights, the 1961 coup attempt, and the subsequent legal ruling that highlighted the union’s invalidity, collectively present a strong argument for Somaliland’s sovereignty.

    By recognizing Somaliland, the international community would not only address a historical injustice but also reinforce principles of self-determination and legitimate governance. In a world often challenged by instability and conflict, Somaliland’s story offers a rare example of how historical truth, legal principles, and democratic values can come together to support both justice and regional stability.

     

    Abdi Halim M. Musa is a political analyst and a former Deputy Minister at the Ministry of Commerce in Somaliland.  He can be reached at halimusa4@gmail.com

    Abdi Halim M. Musa Somaliland
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