Misunderstanding between Recognition & the Montevideo Convention
Article By Edna Idris
Non recognition weighs heavily on the citizens of the Republic of Somaliland, a country that once gave up its independence in just 4 days. More than 30 countries had granted it recognition. The United States, & China amongst them.
British Somaliland was a protectorate of Britain from 1884 until it gained its independence on 26th June 1960. It attempted to form a union with Italia Somalia to form a third country, the Somali Republic.
The sentiment of the Somali Republic was to bring all “Somali” lands, into the fold of one Somali nation, an irrenditist, expansionist ambition that has never been realized.
In the “Somali” lands of NFD, a province in Kenya, and Djibouti, a former French colony, are also found citizens not of Somali descent, the Boraana, and the Afar. Somalia also has a sizeable non ethnic Somali citizenry, that is forced to assimilate into the dominant culture. Their marginalization is apparent today.
The draft constitution, debated on and passed in the parliament of Somaliland, on 27th June 1960; was never included in the Act of Union of the anticipated Somali republic. The deception of Somalia started early. The Act of Union encompasses only the constitution of Somalia. This then means the only country so far in the Somali Republic or the Republic of Somalia as filed later in the UN is Somalia.
Somaliland is spared legally by Somalia’s duplicity in maintaining its sovereignty and independence of 26th June 1960. Many citizens & politicians of the Republic of Somaliland are unaware of this fact.
It is not certain if the citizens of British Somaliland wanted wholeheartedly & without coercion to unite with Somalis in Italia Somalia. There are opposing views on this issue. Prior to colonialism, these two states had not interacted much. They had never taken up the initiative to unite every Somali under one cohesive unit, even in there own territories. It is then far fetched to believe that out of a sense of nostalgia, they wanted to reunite without “conditions” with their lost kin.
The inhabitants of former British Somaliland are homogenous, ethnic Somalis. They are mostly pastoralists & merchants. They have always been avid travelers and their descendants are today found all over the globe. The inhabitants of Italia Somalia, are heterogeneous, non ethnic Somalis are also indigenous to that land, and they have existed as semi- pastoralists & farmers.
Contrary to popular belief, there has never been a united Somali state prior to imperial rule. Most literature & journal articles erroneously assert this. They state that the Europeans carved up a united Somali nation amongst themselves.
I argue the British, Egypt & the Soviet Union all quested for the formation of a Greater Somalia. The Bevin plan of 1947 for example implied unity amongst “Somali” territories (British Somaliland, Italia Somalia & the Somali province of Ethiopia). These territories were administered together by the British from 1941 to 1949, under the British military rule, after the defeat of Italy.
The Greater Somalia proposal was opposed by the United States & Soviet Union. Egypt has also always desired a Greater Somalia as a buffer against Ethiopian aggression. Nevertheless, the Somali republic, albeit illegal (Act of Union not ratified) was “formed” by two sovereign states, British Somaliland that gained independence on 26th June 1960 & Italia Somalia that gained its independence on 1st July 1960.
This illegal union was fraught with problems from the start. Young cadets of the former British Somaliland attempted a coup in 1961, it failed. The citizenry of former British Somaliland also rejected the illegal union by voting overwhelmingly no to the provincial constitution of the Somali Republic also in the same year.
In 1991, former British Somaliland, unilaterally redeclared independence in its Burco conference, after ousting the tyrannical, dictator Siad Barre. All the chieftains of the indigenous tribes of British Somaliland were present & were signatories to the re-proclamation of independence.
The Republic of Somaliland is now known as a bastion of peace & stability in a volatile, chaotic region that is the HoA. Although it has not regained recognition, it has met the stipulations of the Montevideo convention of 1933.
The Republic of Somaliland, has a defined territory, a defined population, a government and it has the ability to enter bilateral agreements with other states. The UAE, via its DP World, Genel Energy & Taiwan, and Ethiopia that has exchanged embassies with the Republic are all examples of her existence as a state, with all its rights and duties.
Why then are the citizens of the Republic of Somaliland not aware of the rights awarded them by the Montevideo Convention? Some dispute their sovereignty & independence, others are unaware of the difference between recognition, sovereignty. Many give de Jure status precedence over a de facto status, even though the Republic of Somaliland, with its meagre resources is managed much more effectively than Somalia that has had de jure recognition since in 1960.
Article 3 of the Montevideo convention asserts, a state is independent of recognition by other states. That a state that has fulfilled, the stipulations of this International law, has the right to defend its integrity & independence. Imagine if most citizens of the Republic of Somaliland are taught this in their formative years? Would this heavy burden of non recognition weigh them down with doubt & uncertainty?
Article 3 of the Montevideo convention also asserts a state has the right to provide for its conservation & prosperity. Article 4 asserts states are “jurudically equal, enjoy the same rights,and have equal capacity in their exercise.”
Does this mean then, the non recognized state of the Republic of Somaliland, is equal in jurisprudence to recognized states? If so the citizenry of the Republic of Somaliland should embrace their status as a sovereign, independent state, with all the rights & duties awarded them by the Montevideo convention. Truly, this knowledge would boost their morale & tamper down their yearning for this illusive re-recognition.
Article 8 of this international law, gives states the rights to be free from interference, both internally and externally by other states. Somalia, a hostile state towards the Republic of Somaliland, has tried many times to destabilize it via propaganda & coercion.
Imagine if the citizenry of the Republic of Somaliland were equipped with this knowledge. Wouldn’t Somalia fail miserably in its many attempts to demoralize the youth of the republic of Somaliland? This youth are bombarded with propaganda, especially via social media, on Somalia’s authority over the Republic of Somaliland. This is solely based on Somalia’s de jure recognition.
My recommendation is for the government of the Republic of Somaliland, to quickly add the Montevideo Convention to the curricula of schools, starting as early as kindergarten/nursery. It is imperative the morale of the citizens boosted by the mere knowledge that they have the right to exist as they see fit.
Edna I @trueoptimist
References:
Zoppi, Marco. “Greater Somalia, the never ending dream? Contested Somali borders; the power of tradition vs. the tradition of power
Abdillahi, Abdirashid. “Colonial policies and the failure of Somali secessionism in the Northern Frontier District of Kenya Colony, C. 1890-1968.”
Faculty of Law, University of Oslo. Montevideo Convention on the Rights and Duties of States
Cotran, Eugene. “Legal problems Arising out of the Formation of the Somali Republic.”
The International and Comparative Law Quarterly
Vol. 12, No. 3 (Jul.,1963), pp 1010-1026