Mogadishu calls for withdrawal of Ethiopian troops
Alemu SIme (PhD), minister of Transport and Logistics, told Parliament that Ethiopia is pursuing the sea access deal with Somaliland amidst reports of the Somali government’s request for the full withdrawal of Ethiopian peacekeeping troops.
“The MoU with Somaliland is beyond our sector,” Alemu told MPs. “The negotiations and the signing were all carried out by Prime Minister Abiy. It is still being handled the same way. The issue of access to a port is not only about loading and unloading goods.”
He made the statement while presenting a nine-month report to the House of Peoples’ Representatives on June 4, 2024. Alemu refrained from detailing further progress on the MoU inked in January this year.
Alemu did, however, assert that Ethiopia’s efforts to utilize the ports of neighboring countries are based on notions of mutual benefit.
“We want to use all ports in neighboring countries for our benefit. We want to use Assab. We want to use Port Sudan for the northwestern regions of Ethiopia. We want to work with all of our neighbors. We believe our neighboring countries will also benefit.”
The MoU with Somaliland proposes Ethiopia’s access to a 20 kilometer stretch on the coast in exchange for statehood recognition and stakes in state-owned enterprises such as Ethiopian Airlines. Mogadishu has vehemently opposed the agreement since its signing.
This week, international media outlets reported Somalia is planning to evacuate Ethiopian peacekeeping missions within six months’ time.
The reports emerged after Hussein Sheikh- Ali, Somalia’s national security advisor, tweeted “Our position on ENDF’s role in the post-ATMIS mission is unequivocal. As long as Ethiopia persists in violating our sovereignty, territorial integrity, and political independence, we cannot and will not consider it an ally in advancing peace and security in the region,” on June 1, 2024.
According to reports, some 3,000 Ethiopian troops are fighting Al-Shabaab under the African Transition Mission in Somalia (ATMIS), while more than 5,000 are deployed under bilateral agreement missions between the two Horn of Africa nations.
ATMIS, the reconfigured AMISOM, is already slated for phase-out by the end of 2024, with a gradual withdrawal of troops already taking place. Ethiopia, Kenya, Djibouti, Burundi and Uganda contribute an estimated 22,000 troops to the mission, of which some 5,000 have withdrawn since last year.
However, Uganda’s Museveni and Kenya’s Ruto have lately expressed concerns that the end of ATMIS will provide fertile ground for an Al-Shabaab resurgence, posing security risks for the wider East Africa region. As a result, discussions are underway in a bid to design a new peacekeeping mission for post-ATMIS operations in Somalia.
Nonetheless, Somalia’s government has reportedly expressed that it is not willing to have Ethiopian troops take part in a post-ATMIS peacekeeping mission.
Referring to a phone interview with Somalia’s national security adviser, Reuters quoted on June 3, 2024, “If they do not repeal the (agreement) before the end of June, or when the new mandate of the mission is decided, all Ethiopian troops, ATMIS and bilateral, will have to go.”
A first batch of 230 policemen have started a maiden six-month course that has just been kicked off at the Police College in Awasa Ethiopia as per bilateral agreements to fortify and bolster the security sector on the 26th of April this year.
According to a press release by the police headquarters, the training will last for a period of time will be on violence deterrence, anti-crime, road safety, anti-terrorism and specialized body-guarding technics.
The Ethiopian police chief training commandant Lt. Gen Mesfin Abebe presided over the induction while flanked by his Somaliland counterpart Brig General Ahmed Abdi Yusuf alias Tiir.
This is a new dawn of a deeper relationship and cooperation between both governments on the internal security policing services.
Somalia has the right to conduct its foreign policy however it wants and to ask those who it invited into the country to leave, but the consequences of expelling Ethiopia’s anti-terrorist forces – who are the most battle-hardened, experienced, and effective of the bunch – could destabilize the entire region.
Somalian National Security Advisor Hussein Sheikh-Ali tweeted at the beginning of the month that “Our position on ENDF’s role in the post-ATMIS mission is unequivocal. As long as Ethiopia persists in violating our sovereignty, territorial integrity, and political independence, we cannot and will not consider it an ally in advancing peace and security in the region.” This was in response to the US’ state-run Voice of America reporting on his words from the day prior about how he wants Ethiopia to leave by year’s end.
The larger context concerns those two’s tiff over Ethiopia’s Memorandum of Understanding (MoU) with Somaliland, which will result in the first obtaining military-commercial port access in exchange for recognizing the second’s independence and giving it stakes in at least one national company. It’s also widely thought that there might be mutual defense terms to their impending deal too. The resultant dispute worsened tensions in the Horn of Africa and stoked fears of another regional war.
These worries were worsened when the US reached a deal with Somalia shortly after to build five bases for its armed forces, around the same time as which Turkiye reached a maritime security deal with it that’ll see Ankara patrolling its partner’s coasts in exchange for a share of its offshore resource sales. The Somalian President also traveled to Eritrea and Egypt, both of which are rivals of Ethiopia, to court support for what some suspected to be his impending HybridWar plans against Ethiopia and Somaliland.
About those, “The Somalian Authorities & Al-Shabaab Are On The Same Side Against Ethiopia’s Somaliland Port Deal” despite being hated enemies of one another, so a Faustian bargain is theoretically possible whereby Mogadishu turns a blind eye towards the terrorists attacking their shared enemies. This scheme would require better training and logistics in order to be successful, however, though that could explain the role that Somalia might have wanted Eritrea and Egypt to correspondingly play.
At present, several countries have their troops deployed to Somalia to help fight against that group, but most will depart by year’s end while only a few will remain under a different framework. It’s ahead of this deadline that the Somalian National Security Advisor confirmed his country’s intent to expel Ethiopia’s anti-terrorist forces unless Addis rescinds its MoU with Hargeisa. By doing so, he showed that ultra-nationalism takes precedence over anti-terrorism in today’s Somalia, which threatens the region.
To explain, Somaliland has been de facto independent since its redeclaration as a sovereign state one-third of a century ago in 1991. All of its socio-economic and security indicators are ahead of Somalia’s, and it’s regarded as one of the most stable places in Africa. Somalia didn’t mind that Ethiopia and a few others like Turkiye set up diplomatic offices there, nor the trade that Ethiopia conducts with Somaliland or the UAE’s investments in Berbera port, but it draws the line at others recognizing its independence.
Somalia has the right to conduct its foreign policy however it wants and to ask those who it invited into the country to leave, but the consequences of expelling Ethiopia’s anti-terrorist forces – who are the most battle-hardened, experienced, and effective of the bunch – could destabilize the entire region. Al-Shabaab might follow in the Taliban’s footsteps by attempting to seize control of the country after most foreign forces depart in order to create a terrorist sanctuary for reviving “Greater Somalia”.
This concept refers to the belief that all members of this ethnicity should be ruled by one government in Mogadishu, and it poses a threat to Ethiopia, Somaliland, Djibouti, and Kenya. The most infamous manifestation of “Greater Somalia” was former Somalian strongman Mohamed Siad Barre’s invasion of eastern Ethiopia from 1977-1978, which was eventually repelled through a decisive large-scale Soviet and Cuban intervention.
In the today’s world, it could end up being Al-Shabaab that serves as the tip of the “Greater Somalia” spear instead of their home country’s armed forces, though with a wink and a nod from the latter if they secretly agree to a Faustian power-sharing and other sort of bargain to this end. Without Ethiopia’s anti-terrorist forces there to keep them in check, it’s possible that they could one day become strong enough to coerce those remaining foreign forces in withdrawing from Somalia like the US did from Afghanistan.
The Somalian leadership knows very well that this scenario is frighteningly realistic in the event that they expel Ethiopia’s anti-terrorist forces as punishment for their country’s MoU with Somaliland like they’re planning, yet they’re still willing to go through with it anyone due to ultra-nationalist reasons. The international community should take note of how much this exposes Mogadishu’s dirty agenda and react accordingly by encouraging it to reconsider these plans in order to avoid future regional instability.
On one of Bashir Goth’s many visits to Capitol Hill to discuss Somaliland – the strategically placed, “de facto” country in the Horn of Africa that split from Somalia when Mohammed Siad Barre’s government collapsed in 1991 – a member of Congress offered an explanation for why Somaliland has struggled for 33 years to gain international recognition.
“He told me, ‘You know, your problem, you guys in Somaliland? It’s because you have no problem – no war, no conflict,’” Goth told The Washington Diplomat in an interview on May 27, the day that Ireland, Norway and Spain recognized Palestinian statehood amid Israel’s relentless attacks on the Gaza Strip following the Oct. 7 assault by Hamas.
“And I asked him, ‘Do you think it would be better (for the Somaliland cause) if we make war?’ And he said, ‘No, no, no – don’t go that way.’”
Goth, was born in what was then British Somaliland and spent much of his adult life working in the Middle East or for European capacity-building organizations, until he was summoned by the government in Hargeisa to represent Somaliland in Washington in 2018. He feels that Africa only comes into focus in D.C. when there’s a famine, a war or a coup, or minerals that are needed to drive technological advances are discovered somewhere.
Bashir Goth, the ‘ambassador’ for Somaliland in Washington, D.C., points to the unrecognized country on a map in his office. Somaliland lies across the Gulf of Aden from Yemen, near the entrance to the Red Sea, and shares a border with Djibouti, which hosts military bases for more than half a dozen countries, including the United States. (Washington Diplomat)
Somaliland only has one of those – the minerals, including hydrocarbons, gold, gemstones, lithium and maybe cobalt. But because it is still not recognized as an independent state, it has struggled to attract international investors.
Somaliland was recognized as an independent nation some 64 years ago, when it gained independence from the United Kingdom on June 26, 1960. Days later, it chose to unite with the former Italian Somalia – today’s Somalia, with Mogadishu as its capital – in what Goth called “a tragic union, a bad marriage.” Somaliland stayed in the marriage until May 18, 1991, when it ‘reclaimed’ independence.
Since then, Somaliland has built a democratic system of government, deterred on its territory the terrorism and piracy that plague Somalia, and, despite not having access to international financial institutions, has achieved some economic growth and stability.
But growth has been limited by its status as an unrecognized country. When it does have formal relations with a country, such as Taiwan, with which Somaliland established diplomatic ties in 2021, business ventures quickly follow. A British-Taiwanese company is currently exploring for oil in eastern Somaliland and is expected to start drilling in the coming months, Goth said.
“The Taiwanese are also looking for lithium, which we know is there, but they are looking to establish the quantity” of the mineral used in rechargeable batteries, in deposits in Somaliland, he said.
American companies contact Goth on a regular basis, saying “they really want to go to Somaliland and invest in Somaliland but they are impeded by the State Department travel advisory that lumps Somalia and Somaliland together.”
Somalia falls under a Level 4 “do not travel” warning, with the State Department cautioning Americans that the country – including Somaliland, which State calls a region of Somalia – is rife with crime, terrorism, civil unrest, health issues, kidnapping, and piracy. But it also says that Somaliland hasn’t suffered a major terrorist attack since 2008.
MOU with Ethiopia could be a ‘game-changer’
The door might open for outside investors, following the signing of a memorandum of understanding on January 1 between Ethiopia and Somaliland.
The MOU’s two main pillars are that Ethiopia will recognize the Republic of Somaliland as an independent, sovereign nation, and that Somaliland will provide access to landlocked Ethiopia to a small but strategic stretch of its coastline, which includes the Port of Berbera.
The hope in Hargeisa, the capital of Somaliland, is that once Addis Ababa formally recognizes Somaliland as an independent nation, other countries will follow suit. Things like bilateral agreements, foreign direct investment, development assistance and other key nation-building tools, which are off-limits to unrecognized Somaliland, would become a possibility and fuel growth in the Horn of Africa state.
But there’s a catch: The U.S. administration is against the memorandum of understanding, Goth said.
Despite years of peace and stability in Somaliland, despite it having a democratically elected government; despite high-ranking U.S. military officials having visited Hargeisa and expressed interest in using the port of Berbera as a humanitarian deployment hub; despite the airport in Berbera having the longest runway in Africa, built by Americans and upgraded by the United Arab Emirates; despite the al-Shabaab terror group not having a presence in Somaliland, and despite Somalilanders leaning heavily westward and shunning overtures from China, the United States is against the memorandum of understanding.
That means it rejects the notion of Somaliland as an independent country, even though Washington recognized Somaliland’s independence the first time around, in 1960.
A message from U.S. Secretary of State Christian Herter, congratulating Somaliland on its independence on June 26, 1960. (Screenshot)
Goth is optimistic that the United States will eventually come around this time, too, and recognize Somaliland.
“I think it would be in the interest of the United States to support a stable, peaceful, democratic, young country in the Horn of Africa that’s at a strategic place at the Gulf of Aden. And we would like the United States back in Berbera Port,” he said.
“I think it’s just a matter of time. I think the United States will come if we can be a little patient. But … after 33 years, we’re thinking, okay, we cannot wait any more.”
Not unexpectedly, Somalia isn’t happy with the MOU either.
On Monday, Mogadishu said it would order Ethiopian troops out of Somalia if Addis Ababa does not pull out of the MOU. That drew an angry response from Sen. Jim Risch (R-Idaho), a ranking member on the Senate Foreign Relations Committee.
“Ethiopia has thousands of forces in Somalia who are protecting several states in Somalia against Shabaab,” Goth explained. “But for the United States, I think the issue is that if tension increases between Somalia and Ethiopia and they reach a point where Somalia asks Ethiopia to leave, then Al-Shabaab will overrun the country. So the United States is putting pressure on Ethiopia, asking them to walk back on this, to withdraw from the MOU.
He, on the other hand, thinks the MOU “will be a game-changer,” he said. “It will also enable the ongoing U.S. presence in the region, with Somaliland for support.”
Moving the needle on international recognition
Because he isn’t officially an ambassador, he meets representatives from the State Department or Department of Defense at coffee shops, and engages with the U.S. government on an informal and unofficial level. But his efforts are getting results. Working with limited resources and no embassy – Somaliland only has an office in Alexandria, Va.– he has helped move the needle on recognition.
“People ask me what kind of foreign policy I follow, and I say normal foreign policy, because we are normal in Somaliland.” Bashir Goth, Somaliland’s representative in Washington, D.C.
In March 2022, he was instrumental in bringing Somaliland’s President Muse Bihi Abdi to Washington for meetings with members of Congress. Bihi did not meet with President Joe Biden, though, because in the eyes of the rest of the world, Somaliland isn’t a country.
The same month, a bill requiring the Secretary of State to submit annual reports to Congress on assistance provided to Somaliland and to work with the Department of Defense to conduct a feasibility study on establishing a security partnership with Somaliland, was introduced in the Senate.
While the bill explicitly stopped short of recognizing Somaliland as an independent state, key elements of it were included in the 2023 National Defense Authorization Act, including a requirement for “the United States to explore all possible mutually beneficial relationships with stable and democratic partners, including Somaliland.”
Risch was one of the sponsors of the bill. He applauded the inclusion of “the most important part of my Somaliland legislation … in the FY2023 NDAA,” when it happened, and roundly criticized the United States’ Horn of Africa policy as “working off outdated policies and diplomatic frameworks that don’t meet today’s challenges.”
Somaliland is ‘not going back’
While Goth continues to work ceaselessly toward achieving international recognition for Somaliland, he admits that representing an unrecognized country is no easy task.
“It’s a whole experience unto itself. People ask me what kind of foreign policy I follow, and I say normal foreign policy, because we are normal in Somaliland,” he said. “Our diplomacy – if you are not recognized and cannot follow the official channels, you look at the political landscape in Washington, D.C., to see who’s sympathetic to Somaliland and you go there.
“That’s my normal diplomacy.”
Somaliland’s representative in Washington, D.C., Bashir Goth, sits in his office in Alexandria, Va., June 3, 2024. Somaliland does not have an embassy because it is not recognized as an independent country. (Washington Diplomat)
A day in his life as the Somaliland ‘ambassador’ includes holding talks with officials in Hargeisa when it’s midnight in D.C. – there’s a 7-hour time difference –; catching a few hours of sleep, waking up at 6:30 a.m. and starting the cycle of coffee shop meetings, visits to Capitol Hill, discussions with U.S. policymakers, briefings, all over again.
To unwind, Goth goes for long, contemplative walks, and writes poetry in the Somali language. He translated this one, “Mediating Between the Sky and the Earth,” for The Washington Diplomat.
I mediate between the sky and the earth
A messenger and a seer I am
Between two worlds
That do not listen to each other.
The sky does not fall
The Earth does not rise
And I, feeling no sign of weariness
Keep mending!
Keep repairing!
Trekking the parched Earth in search of water
But not bringing a drop home.
The sky, Goth said, represents the United States, “the most powerful country in the world” which “casts its shadow on all other countries.” The Earth is Africa, and specifically Somaliland. And the messenger is Goth, a diplomat engaged in the seemingly futile exercise of building a bridge between the sky and Earth.
“Somaliland is real. It’s a de facto state. It’s not going back,” Goth told The Washington Diplomat.
“We are patient, very patient. We know that keeping Somaliland in the conversation in Washington, D.C., is important. We know it takes a lot of time to build relationships,” he said.
“But our patience is not infinite. We shouldn’t have to wait another 33 years and maybe see a new mess in the region, for the world to appreciate the role that Somaliland is playing in the Horn of Africa.”
Wrapped in the tricolour flag of her homeland, 21-year old captain Hafsa Omer bounces the basketball between her legs, dribbles, lays it up off the backboard, and watches it clatter into the hoop.
Her dream is to one day play for her nation, but there is a catch – Somaliland is not a country.
Somaliland has struggled to gain international recognition from any foreign government, despite governing itself and enjoying comparative peace and stability since declaring independence in 1991.
Omer and her two sisters, who also play for Hargeisa Girls Basketball, the first all-girls team in the incipient country, are determined to put Somaliland on the map, by mobilising their more than 10,000 followers on social media.
“Somaliland is looking for their recognition and we believe that we could be part of bringing the recognition… by wearing the flags, by talking about our country, by promoting it through the short video TikToks or Instagram pictures,” she said.
Questions about Somaliland’s sovereignty came into sharp focus in January when local authorities said they would grant landlocked Ethiopia access to the Red Sea in return for recognition as an independent country, sparking a diplomatic row with Somalia’s federal government.
Somalia, which considers Somaliland part of its territory, rejected the deal allowing landlocked Ethiopia to lease 20km (12 miles) around the port of Berbera, with access to the Red Sea for 50 years for its navy and commercial tankers.
Somaliland officials say they have a strong case to become Africa’s 55th nation.
The former British protectorate has its own coast guard – run by a female admiral – police force, passports, currency and a functioning democratic political system and government institutions.
That record stands in contrast to large portions of the rest of Somalia where government forces have been fighting a bloody counterinsurgency against al Qaeda-linked militants from al Shabaab.
Omer sees her devotion to Somaliland’s independence as an extension of her father and uncles’ armed struggle in the 1980s against the dictator Siad Barre.
“My dad talks about it every day, what he and his friends
had been through, while he watched his cousins dying in front of
him,” she said.
While the territory of around 3.5 million people remains some way from attaining diplomatic approval abroad, Omer has made significant gains in pushing women’s rights.
Since she founded Hargeisa Girls Basketball in 2018, other female teams have sprung up. They now play in an all-girls league, challenging conservative social attitudes and religious beliefs in Somaliland.
For her sister Fatima Omer, basketball serves both goals.
In a significant stride towards promoting menstrual health and breaking societal taboos, the Strategic Initiative for Women in the Horn of Africa (SIHA) Network organized a critical event in Hargeisa, Somaliland, to commemorate International Menstrual Hygiene Day. This event, marked by the distribution of sanitary kits and awareness-raising sessions, brought substantial support to women and girls, especially in the Statehouse and Daami Camps for internally displaced persons (IDPs).
At the heart of this initiative was the distribution of menstrual hygiene kits to hundreds of women and girls. The availability of these kits is crucial for maintaining menstrual health and dignity, particularly for those in vulnerable situations such as the residents of IDP camps. By ensuring access to these necessary supplies, SIHA Network directly addressed a critical need, significantly improving the quality of life for many women and girls.
Following the distribution, the SIHA Network conducted awareness-raising sessions to normalize menstruation. These sessions were designed to dismantle the stigma and taboos surrounding menstruation, which often result in discrimination and social exclusion. By openly discussing the biological normality of menstruation, the initiative aimed to raise a more accepting and supportive community environment.
The impact of these sessions was far-reaching. Teachers, parents, and community leaders were encouraged to support menstrual hygiene and create safe spaces for girls in schools and public life. This proactive approach is not only aimed at improving menstrual hygiene practices but also at promoting gender equality and empowering young girls to participate fully in educational and social activities.
The focus on IDP camps underscored the event’s importance. Girls in these camps often face significant challenges in accessing menstrual hygiene products, which can impede their ability to attend school and engage in daily activities. By providing these essential kits, SIHA Network played a crucial role in ensuring that these girls could maintain their health and dignity during menstruation.
SIHA Network’s efforts in Hargeisa are part of a broader mission to combat gender stereotypes, harmful norms, and practices, and discrimination against women and girls. The organization advocates for legal reforms and strives to empower women from grassroots levels to international forums. Active in Somaliland since 1995, SIHA Network has increasingly focused on movement-building and empowering women and girls in the region.
The success of this event highlights the importance of continued support and awareness-raising efforts. By addressing menstrual health and breaking down societal taboos, SIHA Network is paving the way for a more equitable and supportive society. Their work serves as an inspiration of hope and a call to action for other organizations and communities to join in the fight for gender equality and women’s rights.
As SIHA Network continues its mission, the impact of such initiatives will undoubtedly contribute to a more informed, inclusive, and empowered community in Somaliland and beyond.
The question of statehood in international law is both complex and significant, involving a blend of legal criteria and political considerations. Statehood is a crucial concept that underpins the rights and obligations of entities on the global stage, shaping their capacity to participate in international relations.
Somaliland, a self-declared independent region in the Horn of Africa, presents a compelling case for examination. Despite meeting the traditional criteria for statehood—such as having a permanent population, a defined territory, an effective government, and the ability to engage in international relations—Somaliland’s quest for widespread recognition remains unfulfilled. Thus, it is crucial to delve into the conditions required for statehood under international law, the role of recognition by other states, and the implications of such recognition, using Somaliland as a focal point.
What is a State under International Law?
States are pivotal subjects of international law and key actors in international relations. Legally and politically, a state must possess certain characteristics, as defined by the Montevideo Convention. These include a permanent population, a defined territory, a government, and the capacity to enter into relations with other states. The concept of statehood is fundamental in international law, establishing the rights and obligations of states in their interactions.
Recognition of statehood by other states, despite fulfilling the Montevideo Convention criteria, is crucial for establishing a state’s legal personality in international relations. Recognized states gain certain rights, such as sovereignty, which includes exclusive authority over internal affairs and the ability to enter into international agreements. Additionally, recognized states are obligated to respect the rights of other states.
An entity that meets the characteristics of a state cannot invoke sovereignty in handling its international relations and internal affairs unless it secures recognition from the international community.
Within the United Nations (UN) context, the UN does not have the authority to confer statehood. Recognition of statehood remains a political decision made by individual states based on their assessments and national interests. The UN can only admit states as members if they are recognized by a two-thirds majority of the General Assembly, following a unanimous recommendation by the Security Council.
Criteria to Assume Statehood
Four criteria generally determine whether an entity can be considered a state and assume statehood. Firstly, a state must have a permanent population, which means a group of people residing within its territory who maintain a sufficient degree of permanence. This population should exhibit stability and continuity rather than being transient or temporary. Secondly, a state must have a clearly defined territory over which it exercises effective control. The territory can vary in size but must be clearly delimited and identifiable.
Third, a state must have a functioning government that exercises effective control and authority over its population and territory. This government should have the capacity to make and enforce laws, provide public services, and represent the state in international relations.
And lastly, a state must possess the capacity to enter into legal relations with other states. This includes the ability to negotiate and conclude international agreements, establish diplomatic relations, and engage in diplomatic exchanges.
Applying the aforementioned criteria of statehood to the case of Somaliland, it becomes evident that it satisfies the requirements.
Somaliland possesses a permanent population of 5.7 million residents, as confirmed by the 2021 census, and its territory is well-defined, spanning an area of 176,120 square kilometers (68,000 sq mi). Moreover, Somaliland has an effective government that exercises control over both its population and territory, and has demonstrated its capacity to establish diplomatic relations with other states, including the United Arab Emirates (UAE), Djibouti, Ethiopia, Egypt, and Ghana. Consequently, it can be concluded that Somaliland meets the criteria to be considered a state under international law.
However, while these criteria are generally accepted, the recognition of statehood by other states plays a significant role in determining whether an entity is considered a state under international law. The Convention emphasizes that recognition of statehood is a political rather than a legal act, stating that recognition by other states is not a prerequisite for statehood. Nonetheless, widespread recognition by the international community is generally considered a crucial factor in determining statehood.
What is recognition of a State under International Law?
Recognition refers to the acknowledgment by other states or the international community that a particular entity meets the criteria for statehood and is therefore considered a sovereign and independent state. It is a political act by which states express their willingness to accept the legal personality and rights of the newly emerging or newly reconstituted state.
Recognition can be either explicit or implicit. Explicit recognition occurs when a state formally and overtly declares its recognition of another entity as a state, often through diplomatic channels such as the exchange of diplomatic notes or the establishment of formal diplomatic relations. Implicit recognition, on the other hand, occurs when a state engages in consistent and substantive interactions with the emerging state and treats it as a state in practice, even without an explicit declaration of recognition. Here, the nature of the relations is comparable to that of relations between two internationally recognized states.
Regarding the type of recognition bestowed upon Somaliland, it has engaged in interactions with various states. These interactions imply that these states have granted tacit recognition to Somaliland.
In the case of Ethiopia, the country already maintains relations with Somaliland, as demonstrated by the 2018 agreement between Ethiopia and Somaliland pertaining to a 19 percent stake in the port of Berbera. Furthermore, there are established air travel connections between Addis Ababa and Hargessa. These instances signify that Ethiopia has already recognized Somaliland implicitly, and the current tension with the Republic of Somalia, can be viewed as a political dispute aimed at avoiding express (official) recognition.
Effects of recognizing a State by one country?
The recognition (express or implied) of a state by one country can have several effects, including, the establishment of diplomatic relations between the recognizing state and the recognized state. This includes the exchange of ambassadors or diplomatic representatives, opening embassies or consulates, and engaging in official communication and dialogue.
Recognition also enhances the international legitimacy and standing of the recognized state. It signifies acceptance by the recognizing state and potentially by the international community, affirming the recognized state’s status as a sovereign, independent entity.
Another effect is that it enables the recognized state to enter into treaties and international agreements with the recognizing state and other states. This can include agreements on trade, defense, cultural exchange, investment, and other areas of mutual interest. Further, recognition may grant the recognized state access to participate in international organizations, such as the United Nations or regional organizations. Membership in these organizations allows the recognized state to engage in multilateral diplomacy, contribute to decision-making processes, and access various benefits and resources provided by these organizations.
Concerning economic and trade relation, recognition can lead to facilitating this relations that can lead to the establishment of bilateral trade agreements, investment opportunities, and the facilitation of economic cooperation and exchanges. Lastly, Recognition may have legal implications, such as the recognition of the recognized state’s national laws, jurisdiction, and legal acts by the recognizing state. It can also affect issues related to state succession, territorial claims, and the recognition of international boundaries.
Unilateral recognition of statehood and its implications
The act of unilaterally recognizing a state by a country carries significant implications. Unilateral recognition occurs when a state independently declares its recognition of an entity as a state without the consent or agreement of other states.
In the realm of international politics, there is no legal obligation for consensus or approval from other states to extend recognition. Each state possesses the sovereign right to decide whether and when to recognize a particular entity as a state. It is a discretionary act, granting states the freedom to decide whether and when to extend recognition.
Various reasons can prompt unilateral recognition, including political considerations, strategic interests, or humanitarian concerns, but the timing and extent of recognition can vary, and different states may hold different positions regarding the recognition of the same entity.
In the context of Ethiopia and Somaliland, Ethiopia seems inclined to grant unilateral recognition to Somaliland, disregarding opposition from other states, regional entities, and continental organizations. It is vital for Ethiopia to carefully consider its national interests from economic, security, political, and diplomatic perspectives before extending recognition, despite the decision lying within its discretion.
Nonetheless, it is important to note that unilateral recognition does not automatically confer statehood upon the recognized entity. The determination of statehood primarily hinges on meeting the objective criteria outlined in international law, such as those outlined in the Convention.
Unilateral recognition by one state does not impose an obligation on other states to recognize the entity, nor does it establish the entity’s legal status under international law. While it serves as a political statement, it does not carry the same legal and practical consequences as recognition by a substantial number of states or widespread international acceptance.
Recognizing an entity as a separate state for national interest can also give rise to controversy and diplomatic tensions, as it may be perceived as interference in the internal affairs of an existing state or as undermining the principle of territorial integrity, which is a fundamental tenet of international law.
In conclusion, Ethiopia must conduct a thorough assessment considering various factors and exercise due consideration before deciding whether to grant recognition to Somaliland. This assessment should encompass a careful evaluation of the political, economic, and security implications, as recognition could significantly impact regional dynamics and relationships for Ethiopia.
It is essential for Ethiopia to ensure that the recognition of Somaliland aligns with its interests, basing this decision on an in-depth analysis of the benefits and potential liabilities associated with the agreement. Ethiopia should also evaluate the general principles of international law and customary international law, which guide the recognition of statehood and the rights and obligations associated with it.
(Shimelash Wondale is an LLB, MA, LLM candidate. He can be reached @shiwondale@gmail.com)
Ethiopian and Somali government soldiers line-up before embarking on a joint patrol in areas south east of Dusamareeb, March 19, 2014, as they prepare an offensive advance against al Shabaab militants, who have retreated into the central areas of Somalia. REUTERS/Feisal Omar/File Photo
By Giulia Paravicini
NAIROBI (Reuters) – Somalia will expel thousands of Ethiopian troops stationed in the country to help with security by the end of the year unless Addis Ababa scraps a disputed port deal with the breakaway region of Somaliland, a senior Somali official said on Monday.
Security experts and foreign diplomats said the move risks further destabilising Somalia as local forces would be unable to fill the security vacuum, which would likely be exploited by fighters from al Shabaab, an affiliate of al Qaeda.
At least 3,000 Ethiopian soldiers are stationed in the Horn of Africa country as part of an African Union peacekeeping mission (ATMIS) fighting al Shabaab, which controls large portions of Somalia, while an estimated 5,000-7,000 are stationed in several regions under a bilateral agreement.
Relations between Mogadishu and Addis Ababa nosedived earlier this year after landlocked Ethiopia agreed to lease 20 km (12 miles) of coastline from Somaliland – a part of Somalia which claims independence and has had effective autonomy since 1991, but has failed to win international recognition.
Ethiopia offered Somaliland possible recognition in exchange for being allowed to set up a naval base and commercial port – a move Mogadishu has called illegal.
“If they do not repeal the (agreement) before the end of June, or when the new mandate of the mission is decided, all Ethiopian troops, ATMIS and bilateral, will have to go,” Somalia’s national security adviser Hussein Sheikh-Ali told Reuters by phone.
“Ethiopia cannot be an ally and at the same time an aggressor.”
Spokespeople for the Ethiopian government and the Ethiopian National Defence Forces (ENDF) did not respond to requests for comment.
The African Union Transition Mission in Somalia (ATMIS), which is mandated by the U.N. Security Council, is due to fully withdraw and hand over security responsibilities to the Somali state by the end of 2024.
But the Somali government has requested several times for the withdrawal of troops to be slowed down, citing setbacks on the battlefield. The troops come from Burundi, Djibouti, Uganda, Kenya and Ethiopia.
A new, smaller peacekeeping mission is expected to be announced by the end of June, with Somalia requesting that Ethiopia not be among the troop contributing countries, according to AU and African diplomats familiar with the plan.
“Given the current political climate, it will not possible to have ENDF be part of AU-led mission,” Somalia’s state minister for foreign affairs Ali Omar told Reuters.
The Deputy Ambassador of Somaliland to Ethiopia Barkhad Kariye gave a passionate emotional speech concerning the essence, meaning, and depiction of what the 18th Day of May means to the larger majority who comprise of youth and what it stands for to them.
He gave the address in a well-parked hall in the capital city of Ethiopia, Addis Ababa in an event heralding commemoration of the day that the nation of the Republic of Somaliland re-asserted its independence that it first earned from the colonial masters, the then British Empire hence later entered an unfateful union with the Italian Somaliland of Mogadishu without having the legal binding Charter of the Union being signed.
The subsequent perpetration of intimidation, torture, and ultimately genocide ensued a prolonged bitter war that saw Somaliland sever its ties and re-establish its essence as a sovereign entity again.
Ambassador Barkhad noted that the young members of Somalilanders view the lost time in the untenable illegal union with the South as a dark and painful memory forever etched in their minds.
He emphasized that he saw the 18th May as a sacred day meant to remember and honor all those who stood for, fought for, or died for the struggle of re-establishing Somaliland’s sovereignty that today has seen to it that the youth prosper and continue building their nation.
He paid special tribute to the fallen and alive veterans for their bravery in saving the nation and its people through their steadfastness in the bitter struggles.
He profoundly noted the moral and material support they put into the struggles, precisely their blood and sweat.
He profusely thanked the neighboring Ethiopian government for having fervently stood by Somaliland through thick and thin from the times of the struggles.
The elaborately organized and marked event saw the attendance of reps of international entities, Ethiopian and Somaliland government officials, Somalilanders from the country and abroad, and scores of eminent personalities.
Though held ten days late, various speeches and concerts dotted the all-night long celebrations.
The Somaliland National Insurance Agency has started the implementation of the policy in establishing the services in the country.
A large conference event held for the function of the announcement this week saw the attendance of finance minister Hon. Sa’ad Ali Shire and deputy transport minister Hon. Musa Yusuf Selef and the insurance service providers amongst other officials, transport operators and invited eminent personalities.
A conference discussed the implementation of traffic insurance coverage in Hargeisa, and members of the cabinet, transport company and insurance companies were announced at the time of the transportation insurance policy.
While making it public that the implementation of the transportation insurance policy will be started in June, the head of the National Insurance Agency Mr. Guled Musa Galal urged the people to take the insurance covers duly.
He further announced that the first 20 clients to obtain the vehicle insurance coverage policy will be for free.
Somaliland’s deputy mayor Hargeisa Khadar Ahmed Omar and the traffic law enforcement commander revealed that the city roads traffic routes will be reviewed especially in as far as passenger vehicles plying up-country was concerned. They said that the move was to ease traffic vehicles congestion in the city.
Speakers at the event spoke on the imperativeness of having the vehicle insurance coverage, a move they described as on that would ease a lot of burden of the vehicle operators, be they owners or drivers.
They also noted that in recent months focus was put on having operators have both road and driver licences as per the regulations.
