Eng.Abdi Ali Barkad
1. What Do “Sovereignty” and “Territorial Integrity” Mean in International Law?
In international law, sovereignty refers to the supreme authority of a state over its territory, population, and political system, free from external control. Territorial integrity, on the other hand, is a principle that protects an existing sovereign state from external aggression or unlawful fragmentation by other states.
Crucially, territorial integrity applies only to recognized sovereign states and only against external threats, not against people exercising internal or remedial self-determination. International law does not require people to remain within a political union that was:
- Legally defective,
- Imposed without consent, or
- Fundamentally breached through systematic marginalization and violence.
This distinction is essential in understanding why Somalia’s repeated invocation of “territorial integrity” is legally and conceptually misplaced.
2. The Misuse of “Territorial Integrity” by Somalia
Somalia consistently frames Somaliland as a secessionist region threatening its territorial integrity. This framing is historically and legally inaccurate.
Somaliland is not attempting to secede from Somalia. Instead, it withdrew from a failed and unratified union between two sovereign states. In 1960:
- British Somaliland and Italian Somalia were separate internationally recognized entities.
- Their union was voluntary, not compulsory.
- The legal instruments required to formalize the union were never properly ratified by Somaliland.
Therefore, Somaliland’s position is not secession, but restoration of its original sovereignty, a concept recognized in international practice (e.g., dissolution of unions).
3. Unity vs. Territorial Integrity: A Deliberate Semantic Shift
Somalia deliberately avoids the word “unity” and instead insists on “territorial integrity.” This is not accidental.
- Unity implies a voluntary political relationship that requires consent, negotiation, and mutual benefit.
- Territorial integrity implies forceful preservation of borders, regardless of consent or legitimacy.
By avoiding “unity,” Somalia implicitly acknowledges that:
- There is no genuine political union today.
- Somaliland does not consent to being governed from Mogadishu.
- The relationship is contested and unresolved.
If Somalia truly believed in unity, it would advocate for:
- Dialogue between two equal parties,
- A negotiated settlement,
- Possibly an internationally supervised referendum.
Instead, Somalia frames the issue as an internal administrative matter, which contradicts political reality.
4. Somaliland’s Exclusion from Federalism: Proof of Separate Political Existence
Since the collapse of the Somali state in 1991:
- Somaliland did not participate in Somalia’s reconciliation conferences.
- Somaliland did not help draft the provisional constitution.
- Somaliland does not belong to the Federal Member States.
- Somaliland does not receive federal allocations or security coordination.
Federalism presupposes membership. Somaliland has never been a federal unit, either legally or politically. This makes Somalia’s claim of internal sovereignty over Somaliland factually baseless.
In contrast, Somaliland has:
- Its own constitution (approved by referendum),
- Its own parliament, judiciary, and executive,
- Regular elections and peaceful transfers of power,
- Independent security institutions.
Under the Montevideo Convention criteria (population, territory, government, capacity to enter relations), Somaliland clearly qualifies as a state.
5. The 1961 Referendum: The Principle of Popular Consent
The 1961 constitutional referendum is central to the legal argument.
- Somaliland voters overwhelmingly rejected the constitution that formalized the union.
- This rejection was ignored.
- The union continued without the consent of one party.
International law recognizes that popular consent is the foundation of legitimate sovereignty. A political union rejected by the people lacks moral and legal legitimacy, especially when compounded by later atrocities committed against that population.
6. Self-Determination and Remedial Secession
Self-determination is a peremptory norm in international law. When internal self-determination is denied, external self-determination becomes legitimate.
Somaliland meets the criteria for remedial self-determination due to:
- Political exclusion,
- Economic marginalization,
- Cultural suppression,
- Systematic state violence, including mass atrocities in the late 1980s.
In such cases, territorial integrity does not override the right of a people to determine their political future.
7. Why an International Court Would Favor Somaliland
If presented before an international legal body, Somaliland’s case would rely on:
- Original sovereignty (1960 independence)
- Unratified and defective union
- Rejection of the union by referendum
- Long-term effective governance (over 30 years)
- Absence of Somali authority in the territory
- Clear expression of popular will
Somalia’s claim rests primarily on inherited colonial borders, but this principle cannot override self-determination when a union collapses.
8. The Political Reality Behind the Rhetoric
Somalia’s insistence on territorial integrity is less about law and more about:
- International legitimacy,
- Donor confidence,
- Regional diplomacy,
- Preventing precedent for other contested territories.
However, political convenience does not create legal rights.
Conclusion
The concept of “sovereignty and territorial integrity,” as used by Somalia, is a political slogan rather than a legal argument. It ignores historical facts, legal defects, and three decades of political reality. Somaliland’s claim is not about dismantling Somalia but about restoring a sovereignty that was never lawfully extinguished.
True peace and stability in the Horn of Africa will not come from denying reality, but from confronting it honestly, through recognition, negotiated separation, or an internationally mediated settlement based on law and consent.
Engineer Abdi Ali Barkhad is a senior consultant. He has also studied international diplomacy and is a political analyst and writer known for his detailed 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 strong supporter of the cause of the Republic of Somaliland . 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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