Abstract
This paper outlines the history, formation and general principles of the 2001 Somaliland Constitution. The people of Somaliland declared independence from Somalia in 1991 returning to the boundaries that had marked the British Protectorate of Somaliland until 1960, holding successful democratic elections, and establishing peace and stability, becoming an exception state within a wartorn region. In a contribution to the sociology of law and the wider knowledge of Somaliland this paper outlines the unifying principles within the Constitution, principles that are taken from the unity of religion (Islam), and the desire to exercise unity in diversity through traditional institutions of conflict resolution with the inclusion of universal principles of human rights law.
Highlights
On 18 May 1991, participants at the Grand Conference of the Northern Peoples (Conference of the Somaliland Communities in the 2010 Constitution, 27 April-5 May 1991) meeting at Burao announced the withdrawal of the peoples from north-west Somalia from the union that had been agreed between British Somaliland and Italian Somalia in 1960 and that had given birth to the nation of Somalia1
This paper provides a general analysis of the history and formation of the Somaliland Constitution and its understanding of religion, politics and the rights of the individual within the state
There was the will by the people of Somaliland to use traditional institutions of mediation and dialogue in order not to return to violence and suffering keeping in mind the violence still existent in neighbouring Somalia
Summary
On 18 May 1991, participants at the Grand Conference of the Northern Peoples (Conference of the Somaliland Communities in the 2010 Constitution, 27 April-5 May 1991) meeting at Burao announced the withdrawal of the peoples from north-west Somalia from the union that had been agreed between British Somaliland and Italian Somalia in 1960 and that had given birth to the nation of Somalia. Ethiopia to the south-west and Somalia to the east and the interpretation of these events in the constitution suggested an act of “independence” (Dastuurka Jamhuuriyadda Somaliland, 2000, “Preamble”) Those meeting at Burao were the leaders of the Somali National Movement (SNM) and elders of the Somali northern clans. The Somaliland Constitution has provided a challenge to those who have perceived a “greater Somalia” as a stateless nation by establishing a set of common norms that could work in order to enforce agreed societal understandings
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