Legal and Historical Basis for the Recognition of the Republic of Somaliland

Eng. Abdi Ali Barkad

The territorial status of Somaliland is rooted in a uniquely clear and well-documented colonial boundary regime established by Britain during the British Somaliland Protectorate (1884–1960). Unlike many African territories whose borders emerged from ambiguous or inconsistently applied colonial arrangements, Somaliland’s boundaries were defined through a series of formal Anglo–Ethiopian, Anglo–French, and Anglo–Italian treaties that specified the Protectorate’s limits with notable precision.

These agreements placed Somaliland approximately between Latitude 8° North and 11°30′ North, and Longitude 42°45′ East and 49° East, creating a clearly identifiable territorial unit that Britain administered as a distinct political entity for seventy-six years. These were not abstract or retrospective geographic descriptions; they were operational boundaries reflected in diplomatic correspondence, official cartography, and physical demarcation efforts, particularly the Anglo–Ethiopian boundary commissions of the early 20th century.

Consequently, when Somaliland attained independence on 26 June 1960, it entered the international system with defined and internationally acknowledged borders corresponding directly to these treaty-based limits.

This historical clarity is central to Somaliland’s contemporary claim. The doctrine of uti possidetis juris, affirmed by the Organization of African Unity in the 1964 Cairo Resolution, establishes that post-colonial states inherit the administrative boundaries existing at independence. Applying this principle consistently supports the legal continuity of Somaliland’s borders and underscores the distinction between Somaliland and the former Italian Somalia.

Britain established the Somaliland Protectorate through treaties with Somali clan authorities beginning in 1884. Over time, its borders were formalized through agreements with France, Italy, and Ethiopia, producing a clearly bounded and internationally recognized territorial unit.

The Protectorate functioned as a distinct political entity, with its own administrative institutions, legal framework, and governance structures separate from neighboring colonies.

Italian Somalia developed independently under Italian colonial rule. It operated under a different legal system, administrative model, and colonial policy framework. Its territorial boundaries were defined through separate treaties and agreements involving Italy, Britain, and Ethiopia.

The colonial trajectories of the two territories were therefore not only administratively separate but structurally different in governance and legal evolution.

At no point did Britain and Italy administer Somaliland and Italian Somalia as a unified territory. They remained distinct colonial entities with separate international identities, boundaries, and administrative systems.

Through a Royal Proclamation issued under Elizabeth II, the State of Somaliland achieved full independence on 26 June 1960. It received recognition from over 30 states, including several permanent members of the UN Security Council.

At independence, Somaliland possessed clearly defined borders inherited from the British colonial administration, consistent with international legal norms.

Five days later, Italian Somalia gained independence as a separate sovereign state. It entered the international system with its own territorial boundaries and political institutions.

While the populations of both territories shared ethnic and cultural ties, differences in colonial governance, legal systems, and administrative structures remained significant.

Following independence, Somaliland and Somalia voluntarily entered into a union. However, the legal foundation of this union was flawed. The Acts of Union adopted in Hargeisa and Mogadishu were not identical and were never properly harmonized or jointly ratified, creating a fundamental constitutional inconsistency.

The union represented a political merger rather than a legal dissolution of sovereignty. The original colonial borders of each state remained intact in principle, even as a unified government was established.

Comparable historical examples include the Senegambia Confederation and the United Arab Republic, where sovereign entities entered unions without permanently extinguishing their original statehood or territorial identity.

The collapse of the Somali Democratic Republic in 1991 marked the end of the union. With the disintegration of central authority and state institutions, the legal basis of the union effectively ceased to exist.

In line with principles of state continuity and post-union dissolution practices, Somaliland reasserted its sovereignty within the borders it held at independence in 1960.

Conclusion

Somaliland’s territorial status is supported by a coherent and well-documented legal and historical framework. Its borders were clearly defined through international treaties, administered separately during the colonial period, and recognized at the moment of independence.

The union with Somalia did not erase this legal foundation; rather, it represented a political arrangement between two sovereign states that ultimately failed. The reassertion of Somaliland’s independence in 1991 reflects a return to the original legal order established at decolonization.

Recognition of Somaliland’s status would therefore align with established principles of international law, including uti possidetis juris, and would reinforce the commitments of the African Union to respect inherited borders. It would also contribute to long-term regional stability by acknowledging historical realities rather than subordinating them to incomplete or inconsistent interpretations of post-colonial statehood.

Abdi Ali Barkhad is a senior consultant, international relations analyst, and prominent political writer, widely recognized for his insightful commentary on the Horn of Africa. He can be reached via email at: tra50526@gmail.com

Editor’s Note : Views in the article do not necessarily reflect the views of borkena.com  

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