Abstract
After the downfall of the Socialist and military Siad Barre regime in Somalia, Somaliland took an immediate action of independent declaration of statehood from its failed “parental state”, Somalia. It has been almost twenty five years since Somaliland declared its independence, established its own government, kept the peace, and managed to flourish in a kind of stability. Nevertheless, the international community has not recognized its act. Among the former Somali Republic territories, it is now only Somaliland that secured democratic and stable government and sustainable peace in the region. Somalia, which was part and “heir” of the former Somali Republic, is now unstable and even challenged by the Islamist extremist group, Al-Shabab. Somaliland, once under the colonial power of the British Empire like other African countries, argues it should be recognized as an independent state. This article investigates the legal understandings of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and then turns to the case of Somaliland, arguing that Somaliland deserves statehood status and other states should recognize it as a state as there is no legal ground under international law that justifies an otherwise position.
Highlights
IntroductionSomaliland is located in the conflict and war prone area of the Horn of Africa. The region has experienced various political turmoil since the beginning of the 1990s and the majority of countries of this region have experienced coup d’état
This article investigates the legal understandings of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and turns to the case of Somaliland, arguing that Somaliland deserves statehood status and other states should recognize it as a state as there is no legal ground under international law that justifies an otherwise position
I argue that Somaliland still entitled to enjoy its right to self-determination and secede from the Republic of Somalia as it was not able to exercise its internal right to self-determination while it was under the Union and the solution provided under international law in such circumstance is secession which Somaliland properly did
Summary
Somaliland is located in the conflict and war prone area of the Horn of Africa. The region has experienced various political turmoil since the beginning of the 1990s and the majority of countries of this region have experienced coup d’état. This article explores the legality of Somaliland’s assertion of independence from the perspective of international law and argues for the recognition of Somaliland as an independent state. It discusses the legitimacy of such independence in a historical and decolonization lens, considering the nature of sovereign rights over Somaliland. It explores the case of recognition of Somaliland by other member states of the United Nation from the current international law point of view, the Montevideo Convention.
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