The Legal Case of Somaliland Secession from Somalia

Somaliland's quest for indepedance and self-governace stands at more than 30 years and seems a reality in the Horn of Africa region, thus the paper presents the historical background and analysis of that ongoing journey, in reference in international legal frameworks, and its domestic supreme law of the land that came into effect through public Referendum, in May 2001. Hence, the short legal article uses academic materials as secondary and author's personal reflection, and legal understanding on the subject matter, without further exaggration, or incongruity, but rather what set-out by the law, in respect to Somaliland's case for secession, and the reality on the ground, that existed for than 30 years of self-governancem, while remembering such hot topic can't be covered through few lines. Introduction Somaliland, a self-declared region located in north-eastern part of Somalia. Its independence was on May 26, 1960. The influence of the widespread idea or aspiration of a "Greater Somalia" among the Somali people led British Somaliland to unite with Italian Somaliland on June 1, 1960, resulting in the establishment of the Republic of Somalia. Prior to Siyad Bare's military takeover in 1969, Somalia was controlled by a series of democratic and civil governments. It seceded from Somalia in 1991 when the brutal civil war broke out in the horn of African nation. Following the repressive policies of the military regime, the Somali diaspora and exiled politicians established anti-government organisations, especially after the 1977 war (Abdirizak Abdurahman, 2023). According to (Farah, Lewis1997), the bottom-up approach that break-away region Somaliland promoted as a tool for conflict resolution was crucial for the settlement of the state after the Barre regime collapsed in 1991. Moreover, many regard that Somaliland by virtue of its strategic location at the intersection of Africa and Asia, notably facing Yemen, plays a pivotal role in the post-cold war system of states in the Horn of Africa region. It lies, one could say, at the epicentre of a series of conflicts, real and potential in both continents. On divergent, it also has enjoyed noticeable growth in both economic prosperity and democracy since 2000s. This is telling us, that things in many areas are improving and because Somaliland has been, and remains, a faithful Western ally, some scholars argue that Washington should take the lead in not only recognizing, but also actively supporting Somaliland in several fronts that be it social, economic and political. As Idil Dirie (2025) contended, that despite the unification, Somaliland has pursued a path of self-determination and governance, declaring independence from Somalia in 1991 amidst the chaos that engulfed the region following the collapse of Barre's regime. Since then, the region has sought to establish itself as a sovereign state, demonstrating resilience through efforts to build a democratic society amidst ongoing challenges related to international recognition and historical grievances stemming from its colonial past and the contentious merger with southern Somalia. In reference to the Wardher News Article (2025), entitled: Somaliland's Secession: Revising the Historical Foundations, the main complaint was the perception of unfair rank disparities compared to their southern counterparts after integration, not political separation. While citing the Professor Abdi Samantar, it also notes that there is limited evidence of regional discontent as the main motive. Instead, he points to factors such as youthful ambition and frustration over promotions. Thus, significantly, the government commission investigating the incident reported on December 15, 1961, confirming that promotion grievances were the root cause. Additionally, the officers' legal defence admitted guilt formutinybut explicitlynotfor a coup d'état. The government's subsequent actions, including paying legal fees and not appealing a dismissal on minor technicalities, further suggest it was not regarded as a fundamental threat to the union, as Samantar argued in the article of Wardher News (2025). Yet discussing on the historical background of the case, (Suhab Mohamud, 2023) argued that the region represents a unique case of secession with several historical peculiarities. It is distinct from other entities with separatist claims in Africa, not only as a unilaterally declared republic that has proved able to survive and build a relatively stable and democratic state, but also because its claim to sovereignty is centred on a narrative that it is a territory with a colonial political history different from the rest of Somalia. State's Legal Argument for Self-determination Since it's state formation in 1991, the region delegates took a decade to thrash out a new constitution for Somaliland, which voters overwhelmingly approved in 2001, for self-statehood, that seems a strong legal pillar for their quest seceding from the rest of the country. The referendumsaw a transitionfrom a power-sharing agreement among leading clans to a multiparty democracy. Although some international observers applauded the peaceful vote, no government recognized the process. The Coucil of Foreign Relations also underlined the fact that the territory has widely been seen as an "oasis" for stability in a turbulent region. "From the Somalilanders' perspective, they have a completely reasonable argument," Bronwyn Bruton, democracy and governance expert, and a Senior fellow at the Atlantic Council's Africa Center, forwarded in 2018: "Somaliland is trying to break off from Somalia, which hasn't been a functioning country in decades." On that regard, it made it justifiably clear in its constitution (2001), that it's a sovereign state, referring as a Republic of Somaliland, should get the official recognition of the international world, in conformity with its legal, and moral arguments. Nevertheless, to set the record straight, the international law does not grant sub-state entities a general right to secede from their parent states, nor does it prohibit secession. International Montevideo Conventions Crests the Way In accordance with the Montevideo Conventions (1933), a state is required to have four elements to recognise, however, Somaliland accomplished three of the four requirements for statehood—population, territory, and government—but not the fourth pillar—the capacity to enter bilateral contracts till today not beared friut as expected, so therefore that state fits for international recognition based on Montevideo Conventions. In reference to the Council of Foreign Relations (2025), citing Bruton: Many countries have encouraged the breakaway state's elections and economic development, but none have recognized Somaliland. While some experts seehistorical and geopolitical reasonsfor countries such as Ethiopia and Kenya to take this step, others say the African Union (AU) would have to be the first to do so. "The United States and the UN and all of their allies have worked hard to try to build up the AU and position it as a moral authority," Bruton. Yet again, as I understand that the bloc, nevertheless, has feared that formal recognition would embolden other secessionist movements on the continent, such as Nigeria's Biafra or Morocco's Western Sahara, to demand the same. Since the creation of a continental bloc in 1963, there have only been two widely recognized border changes in Africa: Eritrea's split from Ethiopia in 1993 and South Sudan's independence in 2011. Furthermore, in a seperate wording emulated by the International Covenant on Civil and Political Rights (ICCPR, March 1976) and the International Covenant on Economic, Social and Cultural Rights (ICESCR, Jan 1967), the Declaration upholds that: "All peoples have the right of self-determination. By virtue of that right individuals freely select their political position and freely pursue their economic, social and cultural development." Conclusion In conclusion, self-determination as an expression of General Will in the Case of Somaliland refers to the ongoing quest for recognition and independence by Somaliland, a self-declared republic that emerged from the turmoil of the Somali Civil War. Since its unilateral declaration of independence on May 18, 1991, Somaliland has sought to establish itself as a sovereign entity separate from Somalia, invoking the principle of self-determination, which is enshrined in various international legal frameworks. The secession of Somaliland is a fact, a reality on the Horn of Africa due to several reasons. Thus, many argue that this fact enjoys international legal legitimacy for three reasons for self-governance and statehood. The people of Somaliland may be considered a distinct "people" entitled to exercise rights of self-determination because they perceive themselves as such and because the former regime viewed them as a distinct group unworthy of state protection. Because of the likely failure of Somaliland and Somalia to formally unite through international treaties, Somaliland can possibly recover the sovereignty it briefly gained during the period of decolonization. Therefore, I personally support Hargeisa's legal quest for self-determination, and ultimaley be joining the United Nations General Assembly any time soon, while becoming a full member in the champer through all legal channels to be a soverign state. =====Ends==== About the Author: Mohamed Omar Ahmed, a legal Scholar. Freelance Researcher. University Lecturer, at Puntland State University; Green Hope University- Garowe Campus, Somalia. Private email: Mhmed.omar088@gmail.com