AU Mission to Somaliland Says Recognition Overdue

01 Mar, 2006 - The East African (Nairobi), February 28, 2006 - Fred Oluoch, Special Correspondent Nairobi - The African Union is coming under increased pressure from the breakaway Somaliland Republic to accord it recognition.This follows revelations that an AU fact-finding mission to Somaliland between April 30 and May 4, 2005, had expressed the opinion that Somaliland had been made a "pariah region" by default.

It strongly recommended the country's recognition, saying that since its declaration of independence in 1991, Somaliland has been steadily laying the foundations of a democratic "modern state."

However, the report of the mission - which was appointed by former president of Mali and chairperson of the AU Commission, Alpha Oumar Konare - has been kept under wraps and is yet to be discussed by the AU executive council for possible adoption by the heads of state summit.

The mission also noted that the lack of recognition ties the hands of the authorities and people of Somaliland as they cannot effectively transact business with the outside world in pursuit of their reconstruction and development goals.

It was of the view that while it is the primary responsibility of the authorities and people of Somaliland to make efforts to acquire political recognition from the international community, the AU should be disposed to judge the case of Somaliland from an objective historical viewpoint and a moral angle vis-a-vis the aspirations of its people.

The authorities of Somaliland have successively visited the AU Commission in 2003, 2004, and early 2005, seeking an observer status for Somaliland within the AU, not only to be able to follow developments on the continent, but also to gain a platform from which the country can state its case for being recognised as a sovereign state.

That proposed status is based on the recognition by the Somalilanders of the inherited colonial borders at the time of independence from Britain in June 1960.

As a result, there is a visibly emotional attachment to the reclaimed independence and a firm determination among the people of Somaliland not to return to the failed union with Somalia, whether or not recognition is granted.

Somaliland - situated on the northern tip of the former greater Somalia - boycotted the two-year peace process in Nairobi that culminated in the election of President Abdullahi Yusuf in October 2004.

The Somaliland authorities have consistently rejected the idea of reuniting with Somalia, and recently warned that should Africa and the international community insist on Somaliland re-establishing the union, the leaders and people of Somaliland would fight to preserve their independence.

The mission takes this line of argument by stating that the Union established in 1960 between Somaliland and Somalia brought enormous injustice and suffering to the people of the region.

"The fact that the union was never ratified and also did not work to satisfaction while it lasted from 1960 to 1990, makes Somaliland's search for recognition historically unique and self-justified in African political history. As such, the AU should find a special method of dealing with this outstanding case," the report recommends.

Furthermore, given the acute humanitarian situation prevailing in Somaliland, the AU should mobilise financial resources to help alleviate the plight of the affected communities, especially those catering for internally displaced persons and returnees.

The mission set out to assess the prevailing political, socio-economic, security, humanitarian and other related issues, as well as to listen to the concerns of the leadership and people of Somaliland, and duly report back the findings and the recommendations to the AU Commission for further action. It was led by the deputy chairperson of the Commission, Patrick Mazimhaka.

While calling upon the interna-tional community to consider the issue of self-determination objectively, the mission noted evidence of democratic institutions sprouting among them; the constitution of Somaliland, which entrenches, among other aspects, the separation of power between the three arms of government; the balance of political forces built upon the functional co-habitation of traditional governance institutions, as embodied in the political role of clan elders and elected representatives; the existence of active opposition political parties with some capacity to influence public policy; and a budding independent press.

The plethora of problems confronting Somaliland in the political, socio-economic, military, humanitarian and other sectors stem from the legacy of a political union with Somalia, that malfunctioned, bringing destruction and ruin upon the population.

Though credit has to be given to Somaliland for promoting a democratic order within a relatively short span of time, there are gaps that need attention from both policy makers and the individual citizens. One critical gap lies in gender relations in terms of the predominance of men in the various structures, institutions and processes.


The East African (Nairobi)

Somaliland: Time for African Union Leadership

Africa Report N°110

23 May 2006

This report is also available in French.

EXECUTIVE SUMMARY AND RECOMMENDATIONS

On 18 May 2006, the self-declared Republic of Somaliland marked fifteen years since it proclaimed independence from Somalia. Although its sovereignty is still unrecognised by any country, the fact that it is a functioning constitutional democracy distinguishes it from the majority of entities with secessionist claims, and a small but growing number of governments in Africa and the West have shown sympathy for its cause. The territory’s peace and stability stands in stark contrast to much of southern Somalia, especially the anarchic capital, Mogadishu, where clashes between rival militias have recently claimed scores of lives. But Somalia’s Transitional Federal Government (TFG), which is still struggling to overcome internal divisions and establish its authority in southern Somalia, also claims sovereignty over the territory, and the issue is becoming an increasing source of tension. The African Union (AU) needs to engage in preventive diplomacy now, laying the groundwork for resolution of the dispute before it becomes a confrontation from which either side views violence as the only exit.

In December 2005 President Dahir Rayale Kahin submitted Somaliland’s application for membership in the AU. The claim to statehood hinges on the territory’s separate status during the colonial era from the rest of what became Somalia and its existence as a sovereign state for a brief period following independence from Great Britain in June 1960. Having voluntarily entered a union with Somalia in pursuit of the irredentist dream of Greater Somalia (including parts of Ethiopia, Kenya and Djibouti), it now seeks recognition within the borders received at that moment of independence. Despite fears that recognition would lead to the fragmentation of Somalia or other AU member states, an AU fact-finding mission in 2005 concluded the situation was sufficiently “unique and self-justified in African political history” that “the case should not be linked to the notion of ‘opening a pandora’s box’”. It recommended that the AU “should find a special method of dealing with this outstanding case” at the earliest possible date. On 16 May 2006, Rayale met with the AU Commission Chairperson, Alpha Oumar Konare, to discuss Somaliland’s application for membership.

Somaliland has made notable progress in building peace, security and constitutional democracy within its de facto borders. Hundreds of thousands of refugees and internally displaced people have returned home, tens of thousands of landmines have been removed and destroyed, and clan militias have been integrated into unified police and military forces. A multi-party political system and successive competitive elections have established Somaliland as a rarity in the Horn of Africa and the Muslim world. However, the TFG continues strongly to oppose Somaliland independence.

Peacemakers have so far opted to tackle the issues sequentially: first trying to establish a government for Somalia and only then addressing the Somaliland question. European diplomats warn Crisis Group that even raising the Somaliland issue at this time could destabilise the peace process in the South. This approach risks both sides becoming more entrenched and the dispute over Somali unity more intractable. If the TFG’s authority expands, the dispute over Somaliland’s status is likely to become an ever-increasing source of friction, involving serious danger of violent conflict. Somaliland has reacted angrily to the TFG’s calls for the UN arms embargo on Somalia to be lifted so it could arm itself and has threatened to increase its own military strength if this happens. The prospect of a return to the major violence of the late 1980s is neither imminent nor inevitable but it is genuine enough to merit urgent AU attention.

For both sides, the issue of recognition is not merely political or legal – it is existential. Most southern Somalis are viscerally attached to the notion of a united Somali Republic, while many Somalilanders – scarred by the experience of civil war, flight and exile – refer to unity only in the past tense. For a generation of Somaliland’s youth, which has no memories of the united Somalia to which young Southerners attach such importance, Somaliland’s sovereignty is a matter of identity.

Resolving Somaliland’s status is by no means a straightforward proposition. A vocal minority of Somalilanders, including some communities along the troubled border with neighbouring Puntland (North East Somalia) and a violent network of jihadi Islamists favour unity. Some observers fear that, in the absence of a negotiated separation, the relationship between the two neighbours could potentially become as ill-defined and volatile as that which prevailed between Ethiopia and Eritrea prior to their 1998-2000 border war.

There are four central and practical questions:

• should Somaliland be rewarded for creating stability and democratic governance out of a part of the chaos that is the failed state of Somalia?;
• would rewarding Somaliland with either independence or significant autonomy adversely impact the prospects for peace in Somalia or lead to territorial clashes?;
• what are the prospects for peaceful preservation of a unified Somali Republic?; and
• what would be the implications of recognition of Somaliland for separatist conflicts elsewhere on the continent?

These questions need to be addressed through firm leadership, open debate and dispassionate analysis of the issues and options – not ignored, ostrich-like, in the hope that they will disappear. “The AU cannot pretend that there is not such an issue”, a diplomat from the region told Crisis Group. “The issue cannot be allowed to drag on indefinitely. It must be addressed”. Somaliland’s application to the AU offers an entry point for preventive diplomacy. The AU should respond to Somaliland’s request for recognition by seizing the opportunity to engage as a neutral third party, without prejudice to the final determination of Somaliland’s sovereign status.

RECOMMENDATIONS

To the African Union:

1. Appoint a Special Envoy to consult with all relevant parties and within six months:

(a) report on the perspectives of the parties with regard to the security and political dimensions of the dispute;

(b) prepare a resumé of the factual and legal bases of the dispute; and

(c) offer options for resolution.

2. Organise an informal consultation for members of the Peace and Security Council (PSC) – modelled on the UN Security Council’s “Arria Formula” sessions – involving presentations by eminent scholars, political analysts and legal experts.

3. Pending final resolution of the dispute, grant Somaliland interim observer status so that both sides can attend sessions on Somali issues, make presentations and respond to questions from member states and generally be assured of a fair hearing.

Hargeysa/Addis Ababa/Brussels, 23 May 2006

Source : Crisis Group.

It's time Somaliland was declared independent by Jeremy Sare-

Jeremy Sare
guardian.co.uk,


While Somalia in the south is in chaos, the north is safe and democratic – yet seems invisible to the international community

The recent spate of piracy off Somalia's coast is yet another symptom of the country's collapse of stability and some of its peoples' intense desperation. Reports that the pirates or hijackers of the Ukrainian vessel had begun shooting each other formed a perfect microcosm of Somalia's brutal inner turmoil.

But in the northern half of the country, known as Somaliland, there is no such mayhem. Given its close proximity to the ravaged "failed state" of Somalia, it is astonishing that Somaliland should be stable, safe, democratic and largely crime-free.

To most people, Somalia is synonymous with bloody anarchy – simply one of the most dangerous places in the world. Only the few people with an active interest in the Horn of Africa seem aware of Somaliland's peaceful existence. The leading authority on the region since the 1950s is Professor Ioan Lewis – his book, Understanding Somalia and Somaliland, published in July, leads you to the conclusion. In comprehending the unending enigma of the Horn, one course of action is clear – the peaceful north must be allowed to declare independence from the endless chaos of the south.

That view is privately shared by many governments in Africa and in the wider world, but Somaliland's declared independence of 1991 is still yet to formally recognised by any nation and it remains an "invisible" country.

Diplomatic recognition is the perpetual obsession of the Somaliland government; without it, the country remains starved of foreign investment and aid. In all probability, it would take just one country, such the US, to move on the issue and the rest, with a handful of exceptions, would be bound to follow. However, none of the main players wants to be first, so they are engaged in a multiple "Mexican stand-off".

The few countries who openly oppose recognition (Egypt and Italy) argue "former colonial boundaries should not be redrawn". But Somalilanders agree. The country was a former British protectorate which became independent in 1960 and simultaneously joined in union with the former Italian colony of Somalia. By the mid-1980s the union was rapidly disintegrating; the mass bombing in 1988 of Somaliland's capital, Hargeisa, where 50,000 civilians were killed extinguished any thoughts of reconciliation.

The collective policy of finding a peaceful solution in the southern half of Somalia has not progressed even after 15 peace conferences in as many years. One Somali commentator called this apparently pointless exercise, "the policy of following a blind camel". A Senlis council report published in April says, "the international community needs to be reawakened from its torpor on Somaliland".

But Ted Dagne from Washington's congressional research service argues: "Somalia must develop a federal structure that gives regional autonomy." For the Somalilanders in the north this political theorem is plainly non-sensical. They see the failed union like two brothers who went into business together – while one brother was sober and hard-working, the other went off the rails, destroying the company's stock along with its reputation. Yet it is to the "reckless brother" the international community relentlessly turns to for a solution.

The Somaliland president Dahir Riyale Kahin visited the US in April in the hope of broadening support towards the goal of recognition. Somaliland has certainly passed any democratic test set by Washington in establishing a multi-party system, holding free and fair elections and upholding freedom of speech.

There is now a division of opinion at the top of the US government on this issue. Pentagon chief Robert Gates sees Somaliland as "an entity that works". But Dr Jendayi Frazer, second in command at the state department said: "The US will not take the first step to recognising Somaliland before the African Union."

A change of president in January may alter that position, or before that Bush may be persuaded that Somaliland recognition could be part of his "African legacy". The military see the strategic importance of having a base in the Gulf of Aden as a bulwark against al-Qaida and the deep-water port of Berbera could be ideal.

Ultimately, these are the factors which are likely to determine Somaliland's chances of gaining equal nation status under the UN and not its efforts, against the odds, to create a democratic and free society.

http://www.guardian.co.uk/commentisfree/2008/oct/08/somalia.africanunion