Editor’s Note : Views in the article do not necessarily reflect the views of borkena.com
Eng.Abdi Ali Barkhad
Independent Political Analyst
Hargeisa Somaliland
The assertion of jurisdiction by Somalia over Somaliland is fundamentally unsupported by any credible legal foundation. The basis for Somalia’s claims can be traced back to the Act of Union, which was enacted in 1960. However, this Act was never formalised through a process of ratification and has therefore not gained recognition as a valid legal framework. After the Act, a referendum was held to vote on the new constitution, which overwhelmingly reflected the sentiments of the people of Somaliland, who rejected it.
Moreover, it is important to note that the term “Somali Republic,” which was adopted during this transitional phase, is misleading. This name had historical associations primarily rooted in the context of Italian colonial rule and during the period of the United Nations Trusteeship, which complicates the legitimacy of the name as a representative label for Somalia. The use of this term further obscures the distinct identity and political aspirations of Somaliland.
In light of these historical and legal contexts, it becomes evident that there exists no justifiable basis for Somalia to assert territorial claims over Somaliland, as the latter has pursued a path of self-governance and has remained distinct in its political and social identity since the early 1990s.
Regarding Taiwan, Somaliland has made a conscious decision to engage with democratic nations, clearly turning down the overtures of China’s Communist Party. China appears intent on undermining the stability of Somaliland, particularly seeking to disrupt the agreements established between Somaliland and Taiwan. To further its agenda, China has been financing the Somali government while simultaneously providing arms to terrorist factions operating in eastern Somaliland, exacerbating regional tensions and insecurity.
The individual referred to as “Called himself Member of Foreign Affairs Committee-Member of the House of People of Somalia” is characterised by a lack of discernment and a tendency toward opportunism. He has reportedly been influenced by the United Nations office in Mogadishu. This character boasts about his familiarity with the U.S. Constitution, claiming to have a deeper understanding than the elected lawmakers in Congress. However, it is important to clarify that he was not elected to the position he claims; instead, he was nominated, circumventing established agreements prevalent in Mogadishu. His rhetoric is laced with blatant falsehoods and serves to incite division and animosity. The six million residents of Somaliland are eagerly anticipating genuine support from the US in a critical situation.
The assertion of jurisdiction by Somalia over Somaliland lacks any legal foundation. The Act of Union, enacted in 1960, was neither formalised through ratification nor has it been recognised as valid law. Following this, a referendum was conducted regarding the new constitution, which saw an overwhelming rejection from the people of Somaliland. Furthermore, the name Somali Republic, adopted during this period, was misleadingly utilised to represent Somalia, which had historical roots under Italian colonial rule and during the UN Trusteeship. Therefore, no justifiable basis exists for Somalia to assert territorial claims over Somaliland.
Engineer Abdi Ali Barkhad is a consulting Somali electrical engineer, political analyst, and writer known for his comprehensive commentary on the politics of the Horn of Africa and international relations. He has published numerous articles analysing current policies in the region and is a staunch advocate for the cause of the Republic of Somaliland. His insights have been featured on platforms such as Araweelo News Network, among others. He can be reached at : tra50526@gmail.com
Editor’s Note : Views in the article do not necessarily reflect the views of borkena.com
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This is incredibly deceitful. Both ”British Somaliland” and ”Italian Somaliland” ceased to exist a long time ago. Many of the top politicians and bureaucrats of Somaliland in the 90s and 00s were former members of the Barre regime. Even your current president worked for Barre. You cannot retroactively go back to a legal entity that ceased to exist and to which you willingly participated for decades.
The different colonial history argument is the weakest one Somaliland has and has zero merit.