By Ibrahim
Kadar Saeed
Somalilandsun
- The State of Somaliland received its independence from Great Britain on 26
June 1960, by Royal Proclamation of Her Majesty Queen Elizabeth II. In
accordance with United Nations procedures pertaining to decolonization, the
documents establishing the transfer of sovereignty were deposited with the
United Nations. 1
On July 1st
1960, Somaliland and Somalia declared their union as the Somali Republic. The
merger was intended to pave the way for unification of all the Somali
territories under a single flag.
Somaliland
Parliament was passed a law which intended for the legal political union of the
two countries this time was one day after the independence (27 June 1960), but
authorized representative from Somalia declined to sign the document, then the
document remained without force in Somalia side.
Another legal
problem came after, because Somalia legislature approved on 1st July 1960 a
different document called Atto Di Unione (Act of union). Atto Di Unione was
conceived without the knowledge of Somaliland. This union cut the bridge and
purpose of the real union by the way Somaliland was never signed this document
and document without sing cannot be enforced.
After that
Somalia attempted to compensate this legal limbo, so it was made on 31 January 1961
and Muqdisho National Assembly repealed the Somaliland and Somalia Union law
(New act of union was introduced retroactively). This act was not effective
because it didn't compromise both side (Somaliland and Somalia).
After the
deceive and illegal union Somaliland people receive a huge human rights
violation from Siyad Barre regime. If we look the international law of
self-determination a people can declare their independent or their political
and economic interest if any international violation faced to their dignity and
humanity.
Essentially,
the right to self-determination is the right of a people to determine its own
destiny. In particular, the principle allows a people to choose its own
political status and to determine its own form of economic, cultural and social
development. Exercise of this right can result in a variety of different
outcomes ranging from political independence through to full integration within
a state.2
The right to
self-determination of peoples is recognized in many other international and
regional instruments, including the Declaration of Principles of International
Law Concerning Friendly Relations and Co-operation Among States adopted the UN
General Assembly in 1970, the Helsinki Final Act adopted by the Conference on
Security and Co-operation in Europe (CSCE) in 1975, the African Charter of
Human and Peoples' Rights of 1981, the CSCE Charter of Paris for a New Europe
adopted in 1990, and the Vienna Declaration and Programme of Action of 1993. It
has been affirmed by the International Court of Justice in the Namibia case,
the Western Sahara case, and the East Timor case, in which its erga omnes
character was confirmed. The scope and content of the right to
self-determination has been elaborated upon by the UN Human Rights Committee
and the Committee on the Elimination of Racial Discrimination.3
All this
international law can be legal argument of Somaliland government, also at
Metevideo Convertion (treaty was signed in Uruguay on December 26, 1933. It
entered into force on December 26, 1934) lay down the basic requirement of
statehood as the following
1. A permanent
population
2. A defined
territory
3. A stable
system of government
4. Capacity to
enter into relations with Sovereign States.4
It is proof
that Somaliland have all this requirement so it is unclear why international
community still blind what is going on in Somaliland?
Somaliland is
nation of courage, because its people achieve many successes which can be
lessons to other African nation let alone other far nations look Somalia
(failed state).
Somaliland is
one of the un-recognized nations in the world which have it's our sovereignty,
people and its own legal system which means constitution or other domestic
laws. It has also legitimate government, legislation (Representatives and
council of elders), and powerful troops.
Somaliland
have been held a lot of fair and free election such as 1993 presedential
election which was elected to the power Mohamed Ibraahim Egal and also 1996
Mohamed H, Ibraahim Egal was re-elected the second term. 2001 people of
Somaliland were take referendum on the constitution which 97% endorsed with Yes
vote. 2003 were elected the president of Somaliland Daahir Rayaale Kahin and
local government election, parliament or legislation councils were elected in
2005. The present government was elected 2010; I mean Ahmed Mohamed Mahamoud
was elected the office in that year. Nearly, 2012 the local elections were held
fair and free although there were some political organizations disputed the
result of some ballot stations.
Finally,
Somaliland is the nation of peace and development because the last 21 years
Somaliland achieving progress, prosperity and good and fame name. Its people
were open heart and alert to their security.
The question
is: Why the international community, nations, organizations and people have
international entity attempting to persuade Somaliland the union of Somaliland?
Answer of this question is on the lips and mouth of these international
figures.
All in all,
Somaliland people say to the other worlds who are trying to work unfair and
illegal union between Somaliland and Somalia:
• Our dignity
depends on Somaliland and who are the people in the world wants to lose their
honor and self-respect?
• The new
community and generation of Somaliland grow peace and prosperity how they can
adopt humiliation and life of war and terrorism aspects?
• Our blood is
written the name of Somaliland how we can pour it?
• Education is
our foundation how we can choose famine, drought and even ignorance?
• Our discussion
is based on listening and respect how we can prefer the sound of bullets and
dangerous weapons?
• We say to
you (Somalia) good bye and Allah Pleased you peace and progress as Somaliland.
__________1. A short briefing paperA H Nur, pg 4 (April 201)
2. African Security Review 12(4)2003
3. http://www.unpo.org/article/4957
4. Montevideo Convention on the Rights and Duties of States (signed in Uruguay on December 26, 1933, entered into force on December 26, 1934
Ibraahim Khadar Sa'ed (JMG Group and student of law at UOH), Hargeisa Somaliland ( ibraahimkhs@hotmail.com)
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