As they set up watchdog committee to monitor press reporting during elections
National Elections Commission (NEC), Ministry of Information and journalists associations signed a Code of Conduct for the Press at the headquarters of the National Electoral Commission in charting ethical standards as they report on the electioneering processes.
In essence they set up a watchdog committee to monitor the adherence of ethical reporting during the elections’ season.
The forum that brought the three-prong arms was graced by the Minister of Information, Culture and National Guidance Hon.Ali Mohamed Hassan flanked by his DG Mr. Mustafa Abdi Issa, (Marekhan), the Director General of the Ministry of Information Mustafe Abdi Isse Chairman of the National Electoral Commission (NEC)and the officials of Solja and Wija organizations.
The NEC chair said that as a commission, they welcome the Code of Conduct and upholding positive tenets in press behavior during the elections period.
He revealed that the press conduct would be monitored by 7 members drawn from the institutions viz; 2 members from the Electoral Commission, 2 members appointed by the Ministry of Information, 2 members appointed by SOLJA and as well as one Member nominated by the Wija Association.
The minister noted that the general purpose of the Code of Conduct and setting up of the monitoring watchdog was to protect the ethics of the media so that the elections happen fairly, freely and legally and with responsibility.
Technical colleges are a precursor and catalyst for development, he says
By M.A. Egge
The President of the Republic of Somaliland H.E. Musa Bihi Abdi on Sunday inaugurated the Hargeisa Technical Institute which has undergone extensive reconstruction, modernization and renovation works.
The Hargeisa Handicrafts School was the first of its kind in the country in 1952. The old building contained 13 classrooms, and an administrative center, but now the expansion and reconstruction of the new building has put it at 32 classrooms, all of which can accommodate more than 40 students at a time and modern administrative and associated structures.
The whole project has cost 2.4 million US dollars that has six halls of mechanical sciences, a solar field and two modern small farms (Green houses) added which would go down well in churning out experts in modern crop production.
The Head of State thanked everyone who contributed to the completion of college. He praised the completion of the vocational school in Hargeisa while underpinning the importance of technical education.
He said that the time has come to focus on vocational education which he said has more opportunities and benefits a far as education is concerned in this modern era.
The president pointed out that every country that has a poor economy and wants to increase it is necessary to direct its people to vocational technical schools to boost the skilled labour force in a nation.
Minister of Education and Science of Somaliland Dr. Ahmed Aden Buuhane, spoke in depth about the college and the role it would play in creating jobs and promoting the skills that young people need.
The Minister of Foreign Affairs and International Cooperation of the Republic of Somaliland, Dr. Isse Keyd Mohamud in his speech praised the new vocational school in Hargeisa and described it as much needed.
The president was accompanied by members of the cabinet, the deputy mayor of the capital, the leadership of the KULMIYE party, politicians, dignitaries and other guests.
On the other hand, the president on the same day inspected the ongoing expansion of the public owned Hargeisa Club hotel and noted that for its viability it ought to be as modern as its contemporaries.
He was conducted to a tour through the hotel and monitored the modernized spacious structures being built with precision engineering having all facilities a similar modern hotel would need.
The Ethics, Arbitration and Supervision Committee of the Electoral Commission has once again on Sunday punished Kulmiye and Waddani political parties by fining them for indulging in acts contrary to the code of conduct for organizations and parties as per regulations.
Also in the fix was KAAH political organization for similarly erring, including Kulmiye officials.
In a presser by the committee, they noted that the ruling party KULMIYE had been fined 100m, while both WADDANI and KAAH has been fined 50m SL/Shs each for flouting Law 02/2014 and the general laws of elections, Law 91/2023 and Law 14/2023.
The fines are to be paid within three days.
They also said that the Committee has taken disciplinary action against officials from the Kulmiye Party, and according to them they have received audio and video evidence.
They noted, “Relying on the code of conduct for organizations and political parties, regulation 02/2014, article 9, paragraph 1 and 2, the officials listed below violated this code and were fined, the Minister of Youth and Sports Abdirisaq Musa Farah 10 millionSl/Shs, Secretary General of the party, Faisal Abdirahman 5 million shillings, the head of the campaign Maroodi-jeeh region Mustafe Kodah 5 million shillings and elected rep Mohamed Abib Osman (Sikawi) 5 million shillings.
The committee elaborately accused the Kulmiye Party officials of issuing a decree appointing some government employees as well as some general directors as campaigners in contradiction to regulations and directly against the decree recently issued by the president of Somaliland barring public officials from engaging in active politics.
They charged that Waddani Party campaigned in the regions and districts of the country by ignoring the earlier warnings from the committee.
As for the Kaah organization, it was accused of having its supporters indulging in religiously immoral acts by allowing unbecoming interactions of both gender; and also mounting extra large speakers atop vehicles blaring loud music along roads and streets.
The main opposition party WADDANI made its mark across the country by having thousands converge in arenas as it had its field day in campaigning and soliciting for votes in both presidential and political parties/organizations elections.
Led by its flag-bearer and presidential candidate Mr. Abdirahman Abdillahi Mohamed Irro, orange flags and placards waved by thousands with vehicles blaring horns amid music that sang support for the party were heard all over. Chants and ululations with interjected poetry was the order of the day, typical in Somaliland multi-party election campaigns in every major town or village.
He participated in the election campaign while addressing thousands of his supporters in Borama, Gebiley and Berbera town squares.
Abdirahman Irro said that the people of Borama are ready for a political change in the country and criticized the administration of the day for perpetrating suppression and intimidation, polarizing the communities through social divisions and termed its seven year rule at the helm as a period of stagnation.
Dozens of speakers at different podiums touted WADDANI as the voice and reason for change that they hoped would raise the standard of living of the populaces.
Charged, eloquent and voluble meetings could be palpated all through the towns.
In Burao the WADDANI Chairman Mr. Hirsi Ali Hassan led his party’s campaigns and pledged that they would prioritize defense of the nation and gaining recognition status for the nation if they are voted in.
With large masses gathering in Erigavo, Oodweyne, Aynaba and the rest of the urban centers.
WADDANI and UCID flag-bearing candidates, Abdirahman Irro and Feisal Ali respectively, are challenging the incumbent President Musa Bihi Abdi of KULMIYE for the top-most executive seat in the nation.
The elections scheduled to be held on 13th November 2024 are for both the presidential and political party organizations.
The Constitution requires that the top three political organizations become the official political parties in the nation for a period of three years.
Similarly, currently existing three official political parties, KULMIYE, WADDANI and UCID are being challenged by seven other political organizations, with Hilaac trying its hand in it.
Both elections are to be held simultaneously on the same day.
The Somaliland government has officially recognized the Somaliland Teachers’ Association (SOLTA), a significant milestone for an organization that has long sought recognition to advocate for teachers and the advancement of education in the region.
In a formal ceremony, the Minister of Education and Science, Dr. Ahmed Aden Buhane, confirmed that Somaliland Teachers’ Association (SOLTA) has now met the necessary criteria to operate as a legal entity representing the nation’s teachers.
This recognition marks a pivotal step for SOLTA in its mission to unite teachers across Somaliland and to contribute to the broader development of the educational sector.
In a press release issued by Somaliland Teachers’ Association (SOLTA), the organization expressed its gratitude and outlined the significance of this recognition:
“We are excited to announce that the Somaliland Teachers’ Association (SOLTA) has officially been recognized by the Somaliland Ministry of Education and Science. This historic approval, formalized through letter ref: WWS/W/01/229/2004 dated 30/09/2024, signals a new era for teachers and education in Somaliland.”
SOLTA was initially granted a Trade Union Registration Certificate by the Ministry of Employment, Social Affairs & Family on 25th-March-2021. With this recent recognition, SOLTA is now authorized to represent teachers at the primary, intermediate, and secondary levels across Somaliland. This formal approval strengthens the association’s ability to champion the professional interests of teachers and contribute to educational progress throughout the nation.
Reflecting on the organization’s growth, Somaliland Teachers’ Association (SOLTA) noted that its first General Assembly Meeting was held on 20th-December-2021 at Mansoor Hotel in Hargeisa, Somaliland. During this landmark gathering, delegates representing teachers from all regions of Somaliland elected twenty-three members to the Board of Directors, as well as regional governors and five executive committee members. This event marked the start of SOLTA’s unified efforts to advocate for teachers’ welfare and enhance educational outcomes.
SOLTA also expressed deep appreciation for the support received from key government figures:
“We extend our deepest gratitude to the Minister of Education and Science, Dr. Ahmed Aden Buhane, for his support and approval of this important recognition. We also thank the Ministry of Employment, Social Affairs & Family for their continued backing since our inception.”
Moving forward, SOLTA is committed to collaborating closely with the Somaliland Ministry of Education and Science, as well as international partners, donors, and educational stakeholders. The association aims to contribute meaningfully to educational growth, promote teachers’ professional development, and enhance the quality of education across the region.
”By forging strong partnerships, we are dedicated to advancing the teaching profession, encouraging continuous professional growth, and building a robust educational system that benefits educators and students alike,”_ the press release continued.
Somaliland Teachers’ Association (SOLTA) acknowledged the hard work and contributions of all individuals who have helped make this vision a reality, reaffirming its dedication to the future of education in Somaliland.
Ahmed Mohamed Ahmed (Ahmed Omaar)
Director of Training and Organizational Development | Member of the Board of Directors
The collapse of Somalia’s central government in 1991 left a vacuum in the country’s economic and political infrastructure, leading to a period of uncertainty. Despite this instability, Somaliland managed to rebuild key sectors, including telecommunications and banking. In the absence of a centralized government, the private sector stepped in to fill the void, with the first telecommunication companies emerging in the early and mid-1990s. These companies introduced a new era of connectivity, transforming Somaliland into a hub of technological growth and economic opportunity.
By the mid-1990s, private telecommunication companies began offering basic services, catering to the increasing demand for reliable communication in the region. Over time, these companies grew exponentially, with the introduction of mobile banking services like Zaad and E-Dahab further revolutionizing daily life. The adoption of these platforms brought an unprecedented level of convenience to Somalilanders, enabling them to transfer money, pay bills, and perform financial transactions using their mobile phones.
However, alongside the rapid growth of telecommunication services came significant challenges, particularly in the areas of data privacy and user protection. With no comprehensive legal framework in place, telecommunication companies gained immense power, not only economically but also politically. The unchecked growth of these companies created a situation where the balance of power heavily favored corporations over individual consumers, leaving the latter vulnerable to potential data misuse. Without robust data protection laws, citizens of Somaliland face an environment where their personal information can be exploited with impunity.
This paper explores the challenges posed by the lack of data protection laws in Somaliland’s telecommunication and banking sectors. While these industries have undoubtedly contributed to the region’s economic revival, their practices—unchecked by adequate legislation—raise concerns about personal privacy and the potential for exploitation. As Somaliland continues to embrace digital technology, the need for a strong legal framework to protect consumer data has never been more urgent.
2. The Consequences of a Lack of Data Protection Laws
The evolution of Somaliland’s telecommunication sector has brought a wealth of services that have become indispensable to daily life. Companies like Telesom and Somtel have diversified their offerings, providing not only communication services but also financial services such as mobile banking platforms like Zaad and E-Dahab. However, alongside these innovations, there have been concerns about the transparency of data collection and protection practices, as well as the adequacy of customer services. One particular service offered by these companies—anti-theft phone protection—illustrates the gap between customer expectations and the actual protection offered.
Telesom and Somtel have introduced an anti-theft service, collecting a subscription fee of $0.50 per month from users. This service is marketed as a form of protection against phone theft, suggesting to customers that their phones are safeguarded through this plan. However, in practice, if a phone is stolen, the only assistance provided to the user is information on the SIM card that has been inserted into the stolen phone. The companies do not take additional steps to help recover the stolen device or offer any compensation, despite the monthly fees collected from customers for this service. This leaves users dissatisfied, as they expect more comprehensive protection, especially since they are consistently paying for it.
Telecommunication companies and electronic banking services have monopolized critical aspects of daily life in Somaliland, with millions depending on them for routine activities. However, with this reliance comes a significant but often overlooked threat: the collection and sale of personal data without user consent. Every day, individuals unknowingly surrender vast amounts of personal information to these companies, with little to no understanding of how it will be used or to whom it will be sold. The absence of data protection laws only exacerbates this issue, allowing companies to operate without transparency or accountability.
A significant concern arises when users receive unsolicited messages from unknown numbers or businesses promoting irrelevant products or services. This raises the question: how did these marketers obtain personal phone numbers? The answer is often troubling—telecommunication companies are profiting from selling customer data to third-party entities without explicit consent. In a world where data is a lucrative asset, these companies view user information as a commodity more valuable than the prepaid credits or internet packages they offer.
The scope of data collection by these companies is vast and invasive. They track not only basic information like phone numbers but also deeper, more personal insights such as frequent contacts, call durations, visited websites, real-time location data, spending habits, and even details about financial transactions. For instance, Zaad and E-Dahab can record who users transfer money to, who sends them money, and how often these transactions occur. They also have access to market trends, such as which stores are frequently patronized and the overall volume of currency in circulation.
The failure to adequately compensate or assist customers whose phones are stolen raises important questions about the fairness of these services. While telecommunication companies have successfully integrated mobile banking and other advanced services into their platforms, they have not addressed customer needs in areas such as device security or data protection. The minimalistic approach to phone theft—providing only the SIM card information after the phone is stolen—reflects a broader issue within Somaliland’s telecommunications sector: the imbalance of power between the companies and the consumer, exacerbated by the lack of regulatory oversight.
In a market where telecommunication companies hold significant influence, users often find themselves left in the dark about how their data is collected, stored, and shared. The majority of customers sign up for services without fully understanding the extensive terms and conditions that permit telecommunication companies to collect personal information. This data can include not just basic information such as phone numbers but also detailed records of calls, financial transactions, and even location data. The lack of transparency about who else has access to these data leaves users vulnerable, as they have no clear recourse for misuse of their personal information.
Moreover, Somaliland lacks comprehensive legislation to regulate how private companies collect and use customer data. This creates an environment where companies can exploit data without consequence, selling it to third parties for marketing purposes or even more concerning uses, such as surveillance. The increasing value of data in the digital age makes this lack of protection even more alarming. Users are not just at risk of losing their phones; they are also at risk of having their personal data misused by entities they are unaware of.
In the digital age, data privacy concerns have become increasingly widespread, and it’s not just telecommunications companies under scrutiny. Transportation apps, now a common service in Somaliland, also play a major role in data collection. Whenever a user requests a ride, they unknowingly share a wealth of personal information with the service provider. Upon reaching a destination, users receive details such as the driver’s name, phone number, car model, license plate, travel distance, and the fare—often linked to financial platforms like Zaad or E-dahab.
Although this exchange of information seems innocuous, it is part of a broader data collection system that stores critical personal details like names, age, and precise movement patterns. What many fail to realize is the extent to which transportation apps track and store sensitive data. These services record exact pickup and drop-off locations, the route taken, and the duration of each journey. Over time, these data points can be used to create highly detailed profiles of individuals. When aggregated, the information reveals personal movement patterns, frequently visited places and daily routines.
While some companies claim this data is collected to improve service efficiency, the implications of such surveillance go far beyond convenience. In fact, with the use of machine learning algorithms, these companies can predict user behavior, anticipating when and where a person will request a ride even before they make the decision. Such predictive technology, while advanced, raises serious concerns about the erosion of privacy.
The risks associated with this kind of data collection are not theoretical—they have real-world consequences, particularly for vulnerable populations. If this personal movement data falls into the wrong hands, it could be used maliciously. For example, if terrorists, criminals, or even business competitors gain access to such information, it could have devastating effects. Politicians, business leaders, and women are especially vulnerable. Politicians may be tracked and targeted by rivals or extremists who can anticipate their movements. Women, too, are at increased risk, as rapists or stalkers could use the data to predict where they will be, making it easier to harm or intimidate them. In the case of business competitors, detailed movement data could give one side an unfair advantage by revealing meeting locations or travel patterns, jeopardizing sensitive negotiations or transactions.
The lack of regulatory oversight in Somaliland exacerbates these risks. Without comprehensive data protection laws, companies are free to store and potentially sell this sensitive data without customer knowledge or consent. There are few if any, legal barriers preventing these companies from sharing or profiting from the personal information they collect. This creates an environment ripe for exploitation, where sensitive data could be sold to the highest bidder, whether that’s a marketing firm, a political rival, or worse, a criminal network.
The potential for abuse is enormous, and the implications go beyond the digital realm, spilling into the physical safety of individuals. For women, the risks are profound. Access to movement data by bad actors could put them at risk of gender-based violence, as predators could predict their daily routines and use this information to cause harm. Similarly, business leaders and politicians could be targeted based on their whereabouts, leaving them exposed to sabotage, blackmail, or worse. Even ordinary citizens could be victims, with criminals tracking their movements to identify patterns that make them vulnerable to theft or attack.
Given these dangers, the urgent need for data protection legislation in Somaliland cannot be overstated. The current regulatory vacuum leaves customers exposed, with no meaningful way to protect their privacy or seek recourse in cases of data misuse. Comprehensive laws that safeguard personal data, regulate its collection and use, and hold companies accountable for breaches are essential. Until such measures are in place, individuals in Somaliland remain at the mercy of companies that collect, store, and potentially misuse their personal data without their full knowledge or consent.
3. Power Dynamics and the Legal Vacuum
One of the most troubling aspects of this situation is that individuals have virtually no recourse. In Somaliland, customers cannot file lawsuits against telecommunication companies for data misuse because of two key reasons: the absence of a strong legal framework and the significant power imbalance between these companies and individual citizens.
Telecommunication companies wield enormous influence, both economically and politically. They operate as untouchable entities, capable of blocking legal actions and controlling the narrative surrounding their practices. Individuals, on the other hand, lack the financial resources and legal expertise to challenge these powerful corporations. As a result, they are left without protection, and their personal information is at risk of being misused with impunity.
Even if users were aware of the misuse of their data, the lack of clear laws makes it nearly impossible to hold companies accountable. There is no legislation mandating that telecommunication companies disclose their data-sharing practices or obtain explicit consent before selling user information. This legal vacuum allows companies to operate without fear of consequences, further entrenching the power imbalance between corporations and consumers.
The Somali Penal Code, a relic of its colonial past, does not contain specific provisions regarding modern issues such as data protection or the misuse of personal information by telecommunication companies. This outdated legal framework is one of the key reasons individuals in Somaliland, and across Somalia, have no effective recourse when their data is misused.
The Somali Penal Code lacks any comprehensive legislation that governs data protection, privacy, or consumer rights in the digital space. While certain provisions within the Penal Code address crimes like theft or fraud, these are inadequate to address the complexities of data misuse. For example, there are no laws requiring telecommunication companies to disclose how they collect, store, or share customer data, nor are there mechanisms in place for consumers to provide informed consent for such activities. This gap leaves personal information vulnerable to exploitation without any legal safeguards.
The lack of legislation mandating transparency in the data-sharing practices of telecommunications companies allows these entities to operate with impunity. The absence of any obligation to disclose how user data is handled creates a legal vacuum in which companies can sell or share personal information without users’ knowledge or consent. This practice exacerbates the power imbalance between corporations and individuals, as customers cannot even begin to challenge a violation they are unaware of.
The economic and political influence of telecommunication companies further compounds the issue. These corporations often have close ties with political elites, making it difficult to hold them accountable. The Somali Penal Code does not provide effective legal remedies for consumers to file lawsuits against these powerful companies. Moreover, most individuals lack the financial resources or legal expertise to mount a case even if they were aware of the misuse of their data. The absence of class-action mechanisms or consumer advocacy groups in the legal framework further isolates individuals from challenging these companies.
While the Penal Code does address traditional crimes such as theft, fraud, and trespass, it does not extend these concepts to digital crimes like data theft or unauthorized access to personal information. Without modern cybercrime laws or a robust regulatory framework, users are left vulnerable to digital exploitation with little recourse. The legal system has not caught up with the technological advancements that have drastically changed the way information is collected, used, and misused.
The current situation highlights an urgent need for legislative reform in Somaliland. The legal framework must be updated to include clear provisions around data protection, consumer rights, and corporate accountability. Legislation should mandate that telecommunication companies disclose their data-sharing practices, obtain explicit consent from users, and be held accountable for violations of privacy rights. Furthermore, establishing regulatory bodies that oversee corporate practices and provide recourse for individuals could help balance the power dynamics between large corporations and individual consumers.
4. Conclusion.
The rapid development of telecommunications and electronic banking in Somaliland has undoubtedly brought significant economic benefits and convenience to its citizens. However, these advancements have come with a hidden cost: the potential violation of personal data privacy. The absence of a robust legal framework to regulate data collection, usage, and sharing has left consumers vulnerable to exploitation by powerful telecommunication companies. These companies, unrestrained by legislation, are free to collect and sell vast amounts of personal information, from phone numbers and call data to financial transactions and movement patterns. This unchecked data collection not only invades personal privacy but also creates security risks, especially for vulnerable populations, such as women and political leaders.
The power imbalance between telecommunication companies and individual users is stark, with companies enjoying political and economic influence that shields them from accountability. Consumers, meanwhile, lack the legal tools to challenge these corporations or seek redress for data misuse. Without clear laws and regulations that mandate transparency and accountability, telecommunication companies are free to operate with impunity, further entrenching their dominance in both the economy and the political landscape of Somaliland.
The need for legislative reform is urgent. Somaliland must prioritize the creation of comprehensive data protection laws that safeguard citizens’ privacy, regulate corporate data-sharing practices, and establish mechanisms for holding companies accountable. Until such reforms are implemented, the risks to data privacy will continue to grow, leaving individuals exposed to potential exploitation and harm in an increasingly digital society. The promise of economic growth and technological advancement should not come at the expense of personal privacy and security. Somaliland must strike a balance between progress and protection, ensuring that its citizens can benefit from technological innovation without sacrificing their fundamental right to privacy.
Yousef Timacade is a lawyer, legal analyst, and commentator with over a decade of experience in program management, research, and human rights advocacy. He holds master’s degrees in both law and executive management, which have equipped him with a unique blend of legal expertise and leadership acumen. Throughout his career, he has worked with numerous national and international non-governmental organizations, driving impactful initiatives in the areas of human rights, policy development, and social justice. Currently, Yousef serves as the Country Coordinator for Somalia and Somaliland at SIHA Network, where he leads efforts to advance women’s rights and advocate for marginalized communities
The current salient international debate for Somaliland’s recognition regarding the recent Memorandum of Understanding (MOU) signed between Somaliland and neighboring Ethiopia primarily touches on several significant areas of international law, including the right to self-determination, recognition of states, and the legal implications of granting foreign military bases.
Somaliland’s offer to grant Ethiopia a commercial and naval base access to the Red Sea in exchange for recognition, fits into a wider trend of breakaway regions leveraging strategic resources or locations to gain international recognition or support is neither something new nor cause for panic and jelousy. Somaliland’s strong case is based on its right to self-determination and recognition because of its unique historical background, relevant legal principles, and current political circumstances.
First, the right to self-determination is enshrined in international instruments like the UN Charter (Article 1, paragraph 2) and the International Covenant on Civil and Political Rights (Article 1). Although international law favors territorial integrity of states, it nevertheless appreciates exceptions for colonial contexts or severe oppression and ethnic-cleansing of peoples by their repressive dictatorial governments including significant human rights violations or denial of internal self-determination. For example, Kosovo declared independence from Serbia (2008) and the International Court of Justice (ICJ) ruled in an advisory opinion in 2010 that Kosovo’s declaration did not violate international law (Remedial Secession). Today, Kosovo is recognized by many countries with the exception of only Serbia and Russia. Similarly, after decades of brutal civil war in Sudan, the south, now South Sudan, seceded from Sudan following a referendum.
Recognition of breakaway states is merely a political act, not strictly governed by international law. For breakaway regions, recognition by powerful states can make a significant difference and in some cases, entities seek recognition by offering strategic advantages, such as military bases. For instance, in 1983, Northern Cyprus declared independence from Cyprus and today is only recognized by Turkiya. In exchange for recognition and support, Northern Cyprus allows Turkiya to run military bases there.
Likewise, Abkhazia and South Ossetia broke away from Georgia after the war with Russia (2008) and were given formal recognition by Russia in exchange to establish a military base there which bolstered their claims to independence. Transnistria, a region in Moldova also declared independence in 1990 for a similar deal and is recognized by Russia, though it remains unrecognized by most countries.
Historically, when regions declare self-independence, they often enter into military agreements with powerful nations. This is a strategic move on their part to gain legitimacy and defence capabilities, even without international recognition. A case in point, the United States has a military base in Kosovo (Camp Bondsteel), which serves both strategic and protective functions. The U.S. also provides arms sales and conducts military training with Taiwan, ensuring its self defense capabilities. This U.S. -Taiwan Defence Cooperation agreement doesn’t amount to a military base, but it is well understood that the huge U.S. military forces in the region play a critical role in Taiwan’s security to safeguard its de facto international recognition.
Taiwan has both economic and diplomatic de facto recognition and engages with many countries economically and diplomatically through mutually signed and binding strategic partnerships and arms sales agreements despite the lack of official state recognition.
Similarly, Somaliland’s case to use its geographic advantage to obtain formal recognition is therefore a “no brainer” concept, so to speak! For starters, Somaliland has already leased parts of the strategic port of Berbera to the United Arab Emirates which is using it as a military and commercial hub to project power in the Horn of Africa. Adding Ethiopia to the list of strategic partners would further increase Somaliland’s importance in the Red Sea region which is one of the most important trade routes in the world where several other actors including Saudi Arabia, China, the U.S., Egypt, Iran and Turkiya are vying for influence.
Of note is the fact that Djibouti currently hosts a horde of military bases within its territories.
Foremost amongst them are the main ones such as the French with 1000 soldiers at Tadjoura, US with 4000 soldiers at Camp Lemonnier, China at Golf Camp with 3000 servicemen, Japan with strength of 1000 at Port Djibouti and Italy with 500 soldiers at Camp Doria.
In essence, there are a total of 16 military bases presence in the country with the likes of Spain, Saudi and UAE amongst the rest 11 to a lesser extent. They both fall under the categories of foreign operated military bases and transit and logistical ones.
For that matter, base in Somaliland would give landlocked Ethiopia greater autonomy over its maritime security and trade routes, reducing its dependence on Djibouti and could also shift Ethiopia’s position in its broader rivalry with Eritrea thus enhancing its role in the regional security architecture. Somaliland and Ethiopia could help its allies and contribute to the security in the region in countering terrorism and piracy to protect global shipping lanes. Somaliland’s current situation clearly highlights how so-called “breakaway” regions are increasingly using strategic resources as bargaining chips in the quest for recognition, similar to other unrecognized or partially recognized entities globally.
Additionally, Somaliland has a very strong case for recognition based on its historical status as a sovereign state (June 26-July 1st 1960), its de facto recognition for the past 33 years, and its fulfillment of the criteria for statehood under international law. Its stability, democratic governance, and strategic importance make it an ideal candidate for recognition by countries like Ethiopia, UAE, Britain, and the United States and others to follow in due course.
Somaliland’s compelling case for recognition is additionally based on its historical independence and initial recognition. Somaliland was a British Protectorate until it gained independence on June 26, 19960, and was recognized as an independent state. It became a member of the United Nations, and within four days, it voluntarily united with the former Italian administered Trust Territory of Somalia to form the Somali Republic. This union, however, was never ratified or institutionalized through a proper legal framework, and the partnership quickly became unequal, problematic and dysfunctional. Somaliland declared independence after the collapse of the Somali State in 1991. Since then, it has functioned as a de facto state, with stable government, democratic elections, a functioning judiciary, and a separate military. Somaliland, therefore, has the right to revert back to its original independent status and restore its sovereignty (1960), and this justifies its relentless quest for international recognition.
By the same token, it meets the legal basis for self-determination in international law in the context of colonialism and peoples seeking independence from brutal oppressive failing states like Somalia, which is a classic textbook case. The UN Charter (Article 1, paragraph 2), gives Somaliland the right to legally restore its independence, however, its efforts to gain international recognition have been frustrated and blocked by the African Union’s commitment to maintaining colonial borders and Somalia’s claims of sovereignty. The African Union’s position on respecting so-called colonial borders, while well-intentioned, cannot be applied to this exceptional case where two independent states (Somaliland and Somalia) entered into a union that was never legally ratified and which subsequently became dysfunctional and collapsed.
Article 1 of the International Covenant on Civil and Political Rights (ICCPR) further guarantees the right to self-determination, especially when people are oppressed or denied a meaningful role in governance. In the case of Somaliland, it was worse following the brutal civil war (19888-1991) in which over 50,000 Somalilanders were killed, more than a million forced to flee and the region’s major cities bombarded and leveled to the ground. In 2001, the people of Somaliland overwhelmingly expressed their desire for independence in a referendum under Article 1 of CCPR, where over 97% of voters supported independence refusing to be part of a failed, sort of a political marriage of convenience union with Somalia. Moreover, the concept of Remedial Secession under international law argues that a region can secede when the central government fails to function or when a union as with Somalia became dysfunctional culminating in 1991.
In addition, a key element in gaining international recognition under international law is proving that an entity meets the criteria for statehood as outlined in the Montevideo Convention (1933) which defines statehood based on a) a permanent population which is about 4 million in Somaliland; b) a defined territory which is clearly defined for Somaliland with internationally recognized borders, largely coinciding with those of the former British Somaliland Protectorate, c) a functioning government which Somaliland has and finally, the capacity to enter into relations with other states. Somaliland has been actively engaged in diplomatic and economic relations with international organizations as well as with several countries, even though it is not formally recognized. It is no secret that it has officially signed many agreements with other countries including Ethiopia, UAE, Taiwan and EU.
Given all of the above factors, Somaliland meets all the criteria for statehood, but lacks formal recognition merely due to political considerations rather than legal shortcomings. However, recent developments and international perspectives seem to be inching towards final formal recognition for Somaliland, which has already gained informal recognition. The UAE’s military base and port agreements in Berbera have given Somaliland a higher geopolitical profile in the Horn of Africa region and it has also signed the MOU with Ethiopia for a sea access and potential naval base in exchange for formal recognition.
In short, recent reports of the U.S. Engagement suggests that the United States is increasingly engaging with Somaliland, recognizing its stability in sharp contrast to continued instability despite the military support it has been getting from thousands of African troops for the past 17 years. And while the U.S. has not formally recognized Somaliland, growing security and economic ties could pave the way for future diplomatic support. For instance, in 2001, members of the U.S. Congress introduced resolutions calling for an immediate U.S. engagement with Somaliland.
Similarly, there has been growing momentum within the UK political establishment to formally recognize Somaliland as an independent state, driven mainly by multiple factors, including UK’s historical responsibility, Somaliland’s track record and its importance in regional security. There are ongoing Parliamentary Debates calling for the UK government to formally recognize Somaliland. They argue that Somaliland meets all the criteria for statehood and that Britain, as a former colonial power, has special responsibility to lead the way emphasizing its stability compared to Somalia.
The UK media has also begun covering the debates around Somaliland’s recognition more actively with several prominent outlets like The Guardian and the The Telegraph publishing several editorials, opinion pieces and analysis arguing for Somaliland’s recognition and advocating for a shift in UK policy towards formal recognition of Somaliland, framing it as a moral and strategic necessity given the fact that Somaliland as an independent state voluntarily entered into union with Somalia. As a former colonial power, Britain has a historical connection to Somaliland that makes its potential recognition particularly significant.
Although there still remain some challenges, it is only a matter of time before powerful countries like the UK, U.S., and UAE. get onboard. For now, they don’t want to be seen meddling in the internal affairs of African countries, and are naturally waiting on the sidelines for formal recognition to first come from an African country, namely Ethiopia.
It remains to be seen whether or not the current dynamic geopolitical chess game competition for influence and hegemony on the volatile but strategic Horn of Africa’s Red Sea region will play a significant role in expediting Somaliland’s long-overdue de jure recognition in light of the compelling arguments I had articulated in this article.
By Prof. Nassir Hussein Kahin
Former Political Science Major in International Relations and International law,
University of Tennessee, Knoxville, Tn. U.S.A., and
Former Editor and Freelance Journalist
Now a professor at Gollis University based in Hargeisa, Somaliland.
Somaliland’s election campaign took a frenzy turn over the week when challenging political organization KAAH flexed its muscles to depict its formidability as far as the political parties’ general elections are concerned.
The organization’s political field day sounded a warning to existing political parties and associated aspiring ones when it depicted that it was a show of force to be reckoned with as it mobilized thousands of supporters across the country as thousands turned out to show their support.
The main event happened at the city’s Freedom Garden (Beerta Xorieda) where keynote speech was given by the founder and chair of KAAH Mohamoud Hashi Abdi.
He thanked the political organization’s members for the massive support they have shown KAAH.
He condemned the arrest of officials from the Kaah political organization in Gabiley region, and noted that the arrests made by “the government and the KULMIYE party” targeting those officials is against the law.
He angrily accused the state for arbitrarily arresting KAAH officials and supporters and warned that it was an intimidation in futility.
He stated that there was a wave of cry for political change in the country and that whoever tried to impede it would be swept away by the currents.
The politician who was a former powerful minister warned that protocols of electioneering processes should not be flouted and the National Electoral Commission should be left to do its duties unhindered.
He thanked the thousands of supporters who are seeking political change and asked them to vote for the KAAH political organization.
He particularly thanked Gabiley residents terming them humble people and cautioned that people should not be polarized by the state pitting them against each other.
Thousands of people, in every rural and urban center across the nation, carried placards and miniature flags and emblems of the political organization.
Most adorned themselves with clothes bearing the colour and logo of KAAH hence deafeningly chanted slogans in support of it, dotted with ululations, music blaring and honking underpinning their support and the enthusiasm in wishing triumph for the organization.
Speakers and supporters alike echoed support for the WADDANI presidential candidate Mr. Abdirahman Mohamed Abdillahi Irro canvassing votes for him.
The elections scheduled to be held on 13th November 2024 are for both the presidential and political party organizations.
The Constitution requires that the top three political organizations become the official political parties in the nation for a period of three years.
The currently existing three official political parties viz, KULMIYE, WADDANI and UCID are being challenged by seven other political organizations, with KAAH having shown that it is the most formidable.
Both elections are to be held simultaneously on the same day.
The National Electoral Commission has sent an awareness message related to the presidential elections and the national parties to public.
An awareness video produced by the commission was launched read as follows;
The National Electoral Commission informs all citizens with voting cards that the presidential and national party elections will be held on Wednesday, November 13, 2024.
it was added, that the polling stations will open at 7 am, and every citizen is informed to prepare his voting card to participate in the election voting.
Everyone’s polling station to vote is written on the back of the voting card. Every citizen has the right to vote once.
All citizens must take advantage of the opportunity to choose their future.
The President of the Republic H.E. Musa Bihi Abdi received leaders of the Civil Society Organizations (CSO) of Somaliland at the Presidency on Wednesday.
The meeting focused on ways and means of bolstering unity and cohesion especially now during the electioneering campaigns.
The meeting prioritized the upholding, safeguarding and maintenance of the security and peaceful stability.
Of note was on how to unite and focus on the issues of elections and achieving and realizing free and fair elections that is without incidences.
The Head of State was flanked in the meeting by the Senate Speaker H.E Suleiman Adan, amongst several cabinet ministers.
The presidential and political parties are scheduled to be held on the 13th of November 2024.
The electioneering campaigns are currently active.
