24 April, 2002

Somaliland Recognition Is Overdue



Somaliland Recognition Is Overdue

By Ali Gulaid, San Jose, California

Despite the historical claim to sovereignty, a decade of stability and a referendum of self-determination, Somaliland is perishing for lack of recognition. The international community has acknowledged the political progress Somaliland has made but it has withheld the coveted recognition. Somaliland is a de jure State and the claim that the unity of former Somalia (Somalia) is sacred is farcical. Somaliland was an independent constitutional state for five days (June 26, 1960 to June 30, 1960). She has enjoyed an international personality before she relinquished her sovereignty for the realization of greater Somalia. At that time, Somaliland had received an informal recognition form the United States and concluded four treaties with Great Britain and Ireland.

The former Somali Republic was a union of two states (British Somaliland and Italian Somalia) and contrary to the myth; Somaliland was never part of Somalia before the illegitimate union in 1960. The Ottoman Turks and the Egyptians colonized Somaliland before she became a British Protectorate in 1887, while Italy and others colonized Somalia. Moreover, the "Act of Union" was never signed and according to the Vienna convention on the law of treaties it fell short as a valid treaty recognizable under the international law. The people of Somaliland have genealogical lineage that they don´t share with the people of Somalia. The common language and religion have failed to overcome the clan loyalty and the culture imbued by the disparate colonial systems. The disparity in political power sharing exacerbated the irreconcilable differences.

As a result, Somaliland became disenchanted with the illegitimate "union" early on. On June 20, 1961, major parties in Somaliland boycotted the ratification of the unifying constitution. On December 9, 1961 all of the twenty-two (22) military officers, Sandhurst graduates, and the cream of Somaliland, without a single defection staged a coup to secede from the Union. On October 1962, the only two Somaliland cabinet ministers resigned from the government - the current President being one of the two - and a few days later, all the Somaliland deputies walked out of the parliament.

But it was the ethnic cleansing exacted on the people of Somaliland that compelled them to re-claim their sovereignty: once bitten, twice shy. According to Africa Watch, the Siyad Barre government killed more than fifty thousand people from Somaliland, destroyed the major cities, resulting in the flight of a million Somalilanders to Ethiopia. One U.N. expert who excavated some of the mass graveyards said, "people were chained together, women and children included…" Even though Siyad Barre died unceremoniously in exile, his agents who committed most of these heinous acts are today cabinet members and parliamentarians of the self-styled Transitional National Government (TNG), more commonly known as Arta group. It would be insensitive and callous to expect from Somaliland to embrace greater Somalia once again.

Today, Somaliland feels more akin to Ethiopia than Somalia. The treatment Ethiopia extended to the half a million refugees who left their homes when the Somali government was bombarding its own people, poisoning the water wells and destroying the major cities of Somaliland have deeply touched the people of Somaliland. Furthermore, the cultural, historical and the commercial relationships that existed between Ethiopia and Somaliland have been renewed and are flourishing.

Somalia ceased to exist as a political entity when the Siyad government collapsed in January 1991. Today, Somalia is a battleground between bandits, factions and Islamic fundamentalists, engaged in a tug of war to dethrone, destabilize and demolish each other in order to gain the upper hand. One of the determining attributes of statehood is maintaining law and order, and the Arta Group doesn´t control as much territory as Shatigadud or Yalaxaw does, and hence, has no more legitimacy than the rest of the factions. This hybrid of Islamic fundamentalists and the re-hash of Siyad cronies represent no constituency. Indeed many of the Arta group is accused of war crimes by the international community. Under these circumstances, who could sincerely fault Somaliland to re-establish her sovereignty?

Due to these atrocities, inequities and anarchy, Somaliland reclaimed her relinquished sovereignty in May 18, 1991. Today, Somaliland has a defined territory (ex-British Somaliland), permanent population and an effective independent government. According to the U.N. charter, Somaliland has fulfilled the legal requirements of statehood. Furthermore, the re-birth of Somaliland conforms to the OAU charter regarding the preservation of the colonial borders. Unlike the nominal Arta group, Somaliland has substance: a constitution, currency, flag, National anthem, passport, a legislative body, functioning judiciary and an elected government.

Additionally, recognizing Somaliland has tangible benefits for the region. The fact that Somaliland has reclaimed her sovereignty has diminished the prospects of resurrecting greater Somalia. It was just a month ago that Hussien Aideed has rekindled the aspirations of Greater Somalia including "Kilil 5". This is a commonly held sentiment among the warlords in Somalia. The Horn should take note that recognizing Somaliland is the only insurance against the re-launching of the irredentist policy of Somalia. Recognition of Somaliland by the international community will not prejudice the economic prosperity of Somalia. By all accounts, Somaliland is territorially smaller, economically weaker, more devastated and less fortunate in natural resources than Somalia.

Granted that the cabinet positions are limited, the absence of Somaliland would make the distribution and the sharing of the political power fairer among the major clans in Somalia. Assigning political positions for an uninterested party-Somaliland- would only take away from a genuine and a deserving participant. More importantly, as a recognized state, Somaliland could play a greater role in the reconciliation process of Somalia. Why discriminate against Somaliland?

Ethiopia has met the brunt of the brutality carried out in the name of Greater Somalia. The 1963 and 1977/78 savage wars should serve as a reminder of what greater Somalia entails, and if in doubt, Ethiopia should reflect upon the widely held sentiment expressed by Aideed. The menace of "Greater Somalia" didn´t spare Kenya either. The constant military attacks under the pretext of "shifta" have traumatized Kenya. The constitution of Ethiopia allows cessation on the basis of self-determination and thanks to the Ethiopian Constitution and leaders, Eritrea is an independent state today. Somalis have already acknowledged the withdrawal of Somaliland: the only legitimate leader from the former Somalia, Mr. Hasan Shatigodud, of the new administration of Southwestern Somalia has recognized the withdrawal of Somaliland. It is high time that Ethiopia and Kenya realized the facts on the ground.

The aspiration of greater Somalia is euphemism for expansionism and the sacredness of the unity of Somalia is a delusion. It is worth mentioning that Somalis aren´t the only ethnic group, dispersed over the Horn, which shares common language and religion. The Afar is another nation that is scattered over three different states (Djibouti, Eritrea and Ethiopia). The unity of Somalia is no more sacred than that of the Afar Nation. The earlier the five-cornered star insignia of the Somali Republic banner is reconfigured, the safer the Horn will be.

In effect, the non-recognition has blocked access to bilateral and multi-lateral financial loans and grants for development. Due to this illegal sanction, Somaliland is succumbing to infant mortality, malnutrition, tuberculosis and other poverty related social-ills. This international sanction is mobilized by the Arab League namely Egypt, Saudi Arabia and Djibouti. Egyptians would like an unified, militarily strong Somali Republic in the Horn of Africa, in case Ethiopia attempts to deflect or deny the Nile water to Egypt. Saudi Arabia has designated Somalia as a satellite for her Wahabi sect, and Djibouti eyes Berbera port and the longest airfield in sub-Sahara Africa as formidable competition and a threat to her only source of income - the port of Djibouti.

Before the end of this year, Somaliland will be holding statewide multi-party elections for a new government. This coming multi-party election would end ten years of by and large peaceful traditional elections, and would usher into an era of universally accepted elections. What makes this coming election a milestone is that Somaliland has achieved all of this by herself, without the help of the international community. Recently, Somaliland held a referendum for a constitution underpinned by the withdrawal from the union and the people of Somaliland have overwhelmingly voted (97%) to withdraw from the union: certified by Initiative and Referendum Institute in Washington, D.C, independent international poll monitors. Somaliland has fulfilled the requirements of statehood once again, and the international Community has an obligation to respect the historical rights and the self-determination of the people of Somaliland. This prolonged non-recognition will not change the mind of the people of Somaliland, but it will only cause more hardship.

Somaliland is aware that the 14th Somali reconciliation conference is going to be held late April, tentatively, in Nairobi. Somaliland doesn´t envy the attention her sister-Somalia has received from the international community and wishes her good luck. Somaliland, however, has crossed the Rubicon, and says Adieu to former Somalia


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1 comment:

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