Abstract
This article examines the historical, legal, and political foundations of Somaliland’s independence, the post-1960 union with Somalia, and state-building efforts following the collapse of the Somali Republic. It also evaluates the strategic implications of international recognition, particularly by Israel, for regional security, maritime control, and counterterrorism in the Horn of Africa. Drawing on colonial treaties, African Union (AU) legal principles, and reconciliation processes led by traditional authorities, this study situates Somaliland as a unique case of restored sovereignty and democratic governance in a post-conflict context.
- Introduction
Somaliland, situated in the Horn of Africa, was a British Protectorate from 1884 until its independence on 26 June 1960. Its colonial boundaries were clearly defined in the Anglo-French Treaty of 1888, the Anglo-Italian Protocol of 1894, and the Anglo-Ethiopian Treaty of 1897 (Saxafi Media, 2014). Following independence, Somaliland briefly existed as a sovereign state before voluntarily uniting on 1 July 1960 with the former Italian colony of Somalia to form the Somali Republic (Hashi, 2014). These borders remain consistent with the African Union’s principle of uti possidetis juris, which preserves the territorial integrity of post-colonial states (African Union, 2005).
- The Defective Union and Legal Disputes
The Somaliland Legislative Assembly ratified the Act of Union on 27 June 1960, while the Somalia Trust Territory approved it only “in principle,” and no single mutually ratified treaty was ever concluded (Hashi, 2014). On 1 July 1960, a joint session adopted a draft Constitution prepared in Somalia, and a provisional presidential decree attempted to formalize the union. However, the decree never acquired legal force, and a retroactive Act of Union passed in 1961 contravened standard legal norms (Cotran, 1962). Legal analyses highlighted multiple deficiencies, including the lack of joint signatures and inconsistent enactment of the union laws, undermining their legal force (Contini, 1962). Additionally, the 1961 referendum in former Somaliland territories showed significant opposition to the Somali constitution, underscoring the absence of popular support for the union (Hashi, 2014).
The vision of “Greater Somalia,” aimed at uniting all Somali-speaking populations, failed and contributed to regional disputes with Ethiopia and Somalia’s support for the Shifta insurgency in Kenya’s Northern Frontier District (Hashi, 2014). Within Somaliland, early dissatisfaction manifested in the 1961 attempted coup and referendum rejection of the Somali constitution. This discontent intensified under Mohamed Siad Barre’s dictatorship (1969–1991), which targeted Somaliland’s elites and intellectuals, leading to systematic killings, repression, and the formation of the Somali National Movement (SNM) (APD, 2007).
- Collapse, Reconciliation, and State-Building
Following the collapse of Somalia’s central government in 1991, the SNM liberated northwestern regions. Initially, law enforcement was weak, and militias organized along clan lines, complicating governance and security (APD, 2007). Traditional elders and SNM leaders convened grassroots reconciliation conferences to restore order. The Berbera conference in February 1991 aimed to halt hostilities and build trust among clans (APD, 2007).
The Burao conference (April–May 1991) formally declared Somaliland’s independence, restored sovereignty to its 1960 status, and established transitional governance under the SNM, including power-sharing between SNM-aligned and other clans (APD, 2007). The Borama conference in 1993 transferred authority to a civilian administration, elected President Mohamed Ibrahim Egal and Vice-President Abdirahman Aw Ali, and adopted a National Charter and Peace Charter to guide governance, militia disarmament, and inter-clan security (APD, 2007). These processes were indigenous, locally funded, and consensus-based, demonstrating an effective model of post-conflict governance without external intervention (APD, 2007).
- Legal and Political Legitimacy
Somaliland’s independence claim is grounded in its colonial-era sovereignty, clearly defined borders, and democratic governance. The African Union’s 2005 fact-finding mission affirmed that Somaliland’s case is distinct and does not constitute a precedent for fragmentation, countering concerns of a “Pandora’s Box” effect (African Union, 2005).
- Strategic Implications of Recognition
International recognition of Somaliland carries strategic significance. Israel’s recognition in December 2025 affirms Somaliland’s sovereignty and establishes diplomatic relations (Reuters, 2025). This recognition strengthens maritime security in the Red Sea and the Bab al-Mandeb corridor, enhances counterterrorism operations in the Horn of Africa, and contributes to regional and global stability. By reinforcing governance and legitimacy, such recognition positions Somaliland as a strategically indispensable partner in the region (APD, 2007; Reuters, 2025).
- Conclusion
Somaliland is a unique case of post-colonial state restoration, demonstrating effective indigenous peacebuilding and governance. Its colonial-era sovereignty, contested union with Somalia, and grassroots reconciliation processes illustrate a model for post-conflict state-building. International recognition, particularly by Israel, consolidates sovereignty while enhancing maritime security, counterterrorism capacity, and regional stability in the Horn of Africa.
References:
- African Union (2005) Report of the African Union Fact-Finding Mission on Somaliland. Addis Ababa: AU Commission.
- APD (2007) Peace in Somaliland and Indigenous Approach to State-Building. Hargeisa: Academy for Peace and Development.
- Cotran, E. (1962) The Union of Somaliland and Somalia: Legal Analysis. London: Institute of Commonwealth Studies.
- Contini, P. (1962) Legal Issues in the Somali Union. Rome: Istituto di Diritto Comparato.
- Hashi, I. (2014) Somaliland and Somalia: The 1960 Act of Union. Available at: http://www.somalilandlaw.com/Somaliland_Act_of_Union.htm (Accessed: 27 December 2025).
- Reuters (2025) ‘Israel Recognizes Somaliland as Independent State’, Reuters, 26 December. Available at: https://www.reuters.com/world/middle-east/israel-recognises-somaliland-somalias-breakway-region-independent-state-2025-12-26 (Accessed: 27 December 2025).
- Saxafi Media (2014) Somaliland’s Statehood: A Historical and Legal Response. Hargeisa: Saxafi Press.
By Hassan Farah Mohamed, Lawyer focused on investment, Energy, Public Finance, Governance and Democratization
Email: hassanbadde@gmail.com
