By Mohamed Omar Ahmed
Legal Scholar, Freelance Researcher and University Lecturer
Puntland State University and Green Hope University, Garowe Campus, Somalia
Article type: Independent Legal Opinion and Analysis
Abstract
This article examines Somaliland's longstanding quest for independence and international recognition through its historical experience, constitutional development and the principles of international law. Since declaring independence from Somalia on 18 May 1991, Somaliland has established its own political institutions and maintained a substantial degree of self-government.
The analysis considers the 1960 union between British Somaliland and Italian-administered Somalia, the 2001 constitutional referendum, the Montevideo Convention of 1933, the international legal principle of self-determination and the competing principle of territorial integrity.
It also examines the implications of Israel's formal recognition of Somaliland in December 2025 and the continuing opposition of Somalia and the African Union.
The article argues that Somaliland has a substantial legal and historical case for independent statehood, although recognition and admission to the United Nations remain subject to international legal and diplomatic processes. The conclusions represent the author's independent legal interpretation.
Introduction: Somaliland's Historical Quest for Independence
Somaliland is a self-declared republic in the north-western part of the territory internationally recognised as Somalia. Its claim to independence is rooted in a distinct colonial history, the circumstances of its union with Somalia in 1960 and more than three decades of separate political administration since 1991.
The former British Somaliland Protectorate became independent on 26 June 1960. Five days later, on 1 July 1960, it united with the former Italian-administered territory of Somalia to establish the Somali Republic (US Department of State, 1960).
The union reflected aspirations for a Greater Somalia, bringing Somali-speaking populations together within a common political framework. However, differences in political administration, institutional structures and representation subsequently contributed to dissatisfaction.
Following independence, Somalia initially experienced civilian government before the military takeover led by Mohamed Siad Barre in October 1969. His regime subsequently consolidated authoritarian rule, suppressing political opposition and contributing to deepening political divisions.
During the 1980s, violent confrontation between the Barre government and opposition movements, particularly the Somali National Movement, intensified in northern Somalia. Government military operations caused substantial destruction and civilian suffering, leaving historical grievances that remain central to Somaliland's independence argument.
Following the collapse of Barre's government in 1991, representatives of Somaliland declared the restoration of independence on 18 May 1991.
Since then, Somaliland has developed its own governing institutions, security arrangements, electoral processes and constitutional system.
The 1960 Union and Somaliland's Claim to Restored Sovereignty
One of Somaliland's principal legal arguments concerns its status before the establishment of the Somali Republic.
Unlike some contemporary separatist movements, Somaliland argues that it previously existed as an independent political entity and that its 1991 declaration represented the restoration of sovereignty rather than the creation of an entirely new state.
The legal effectiveness of the 1960 union has been debated, including questions about the legislative instruments through which the two territories were brought together.
Supporters of Somaliland's independence argue that deficiencies in the legal process of unification strengthen the case for restoring the sovereignty exercised briefly in June 1960.
However, the Somali Republic subsequently operated as a unified state and was recognised internationally. Consequently, any argument that the union was legally defective must address the significance of its subsequent operation and international acceptance.
This distinction is important because the question is not merely whether Somaliland possessed sovereignty in 1960, but whether its later political history provides a sufficient legal basis for separate statehood today.
In my assessment, Somaliland's previous independence and distinctive colonial boundaries provide an important historical foundation for its claim, although they cannot by themselves settle every question under contemporary international law.
Self-Determination and the Right to Independent Statehood
The principle of self-determination is central to Somaliland's legal argument.
Article 1 of both the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights recognises the right of peoples to self-determination.
Under this principle, peoples may determine their political status and pursue their economic, social and cultural development.
For Somaliland, this principle supports the argument that a population with a distinctive political history and a demonstrated preference for self-government should be able to determine its constitutional future.
Nevertheless, international law distinguishes between internal self-determination, which may be exercised through political participation and autonomy within an existing state, and external self-determination, which may involve independent statehood.
There is no generally accepted rule automatically granting every community a unilateral right to secede.
The International Court of Justice's 2010 advisory opinion on Kosovo is relevant. The Court concluded that Kosovo's declaration of independence did not violate international law, but it did not establish a universal right to secession or require other states to grant recognition (International Court of Justice, 2010).
Somaliland's legal claim must therefore be considered in its own historical and political circumstances.
The repression experienced under the Barre regime, the collapse of central government authority and Somaliland's subsequent development of separate institutions are important considerations.
Whether those circumstances establish an exceptional legal entitlement to secession remains contested.
The 2001 Constitutional Referendum and Democratic Legitimacy
Somaliland's constitutional development provides further evidence of its commitment to self-government.
On 31 May 2001, Somaliland held a referendum on a constitution affirming its independence and establishing the framework for its political institutions.
The electorate overwhelmingly approved the constitution.
The referendum represented an important stage in the transition from post-conflict clan-based power-sharing arrangements towards a constitutional political system with multiparty elections.
Subsequent elections have helped establish Somaliland's reputation for political organisation and periodic democratic competition.
The presidential election of November 2024, which resulted in an opposition victory and a peaceful transfer of power, provided another example of functioning political institutions. International observers praised important aspects of the process while identifying weaknesses requiring improvement (University College London, 2025).
These developments strengthen the argument that Somaliland possesses the institutional capacity to govern itself.
However, democratic legitimacy and international recognition are separate questions. A referendum may demonstrate political support for independence without creating an automatic obligation upon other states to recognise the territory as sovereign.
In my view, Somaliland's electoral experience and long period of self-government should nevertheless carry significant weight in international assessments of its political status.
The Montevideo Convention and Somaliland's Claim to Statehood
The Montevideo Convention on the Rights and Duties of States, adopted in 1933, provides widely cited criteria for assessing statehood.
Article 1 identifies four qualifications:
- A permanent population.
- A defined territory.
- A government.
- The capacity to enter into relations with other states.
Somaliland possesses a resident population, functioning political institutions and a territorial claim based substantially on the boundaries of the former British Somaliland Protectorate.
It also maintains external relationships and engages in diplomatic and commercial dealings, despite limited formal recognition.
Nevertheless, the application of these criteria is not entirely straightforward.
Territorial authority remains disputed in some eastern areas claimed by Somaliland. Furthermore, the capacity to enter into relations with other states is a question of legal and practical independence, not merely the number of countries that have granted recognition.
Article 3 of the Montevideo Convention distinguishes the political existence of a state from recognition by other states.
This supports the argument that recognition does not necessarily create statehood. Equally, satisfying the Montevideo criteria does not automatically compel every other state to recognise an entity.
I consider Somaliland's longstanding political institutions and demonstrated ability to conduct external relations to be substantial evidence supporting its claim to statehood.
Somalia's Territorial Integrity and the African Union's Position
An assessment of Somaliland's legal case must also address Somalia's opposing position.
Somalia regards Somaliland as part of its sovereign territory and argues that unilateral separation violates its national unity and territorial integrity.
The African Union has consistently supported Somalia's sovereignty and territorial integrity.
One of the African Union's central principles is respect for borders inherited at independence, reflecting the approach adopted by the Organisation of African Unity in 1964.
This principle was intended to reduce the risk of territorial disputes and instability across the continent.
Following Israel's recognition of Somaliland in December 2025, the African Union Commission reaffirmed its opposition to recognition and its support for Somalia's territorial unity (African Union Commission, 2025).
Supporters of Somaliland respond that their claim concerns the restoration of sovereignty within the boundaries of a former colonial territory, rather than the creation of arbitrary new borders.
This argument merits consideration because it seeks to reconcile Somaliland's independence claim with the principle of inherited colonial boundaries.
However, it has not secured acceptance by the African Union.
The resulting legal and political dispute illustrates the tension between the right to self-determination and the protection of existing states' territorial integrity.
Israel's Recognition of Somaliland in December 2025
A significant development occurred on 26 December 2025, when Israel formally recognised Somaliland as an independent state.
The decision marked a major diplomatic development in Somaliland's prolonged campaign for recognition.
Somaliland welcomed the announcement, regarding it as confirmation that its claim to statehood could receive formal international acceptance.
Somalia rejected the decision, while the African Union and several other governments reaffirmed their support for Somalia's territorial integrity.
Israel's recognition is important because it demonstrates that Somaliland's diplomatic isolation is not absolute.
Nevertheless, recognition by one country does not establish universal recognition, resolve territorial disputes or automatically provide membership of international organisations.
The development therefore represents an important diplomatic achievement for Somaliland, while leaving unresolved the broader question of its international legal status.
Can Somaliland Become a Member of the United Nations?
Somaliland's aspiration to join the United Nations raises a separate legal and diplomatic question.
Under Article 4 of the United Nations Charter, admission requires a recommendation from the Security Council and a decision by the General Assembly.
International recognition by individual states does not remove these requirements.
Accordingly, Somaliland would need to secure sufficiently broad international support, including the necessary approval within the Security Council.
The positions of Somalia, African governments and major international powers would therefore remain particularly important.
Examples such as Eritrea's independence in 1993 and South Sudan's independence in 2011 demonstrate that new African states can achieve international recognition and UN membership.
However, their circumstances differed from Somaliland's, particularly regarding the political and legal processes leading to independence.
Somaliland's route to membership would therefore require its own diplomatic and legal settlement.
Conclusion: Somaliland's Case Deserves Serious International Consideration
Somaliland's independence claim rests on a combination of historical sovereignty, political experience, constitutional self-government and the principle of self-determination.
The former British Somaliland Protectorate became independent in June 1960 before uniting with Somalia. Following decades of political conflict and repression under the Barre regime, Somaliland declared the restoration of its independence in May 1991.
Since then, it has maintained separate political institutions and pursued constitutional and electoral development.
These developments make Somaliland's claim distinctive within debates about secession and state recognition in Africa.
At the same time, international law does not automatically convert effective self-government into an enforceable right to international recognition. Somalia's territorial integrity, the African Union's position and unresolved territorial disputes remain significant legal and diplomatic obstacles.
Israel's recognition in December 2025 has altered the diplomatic circumstances but has not resolved these broader questions.
My position is that Somaliland's historical experience, prolonged self-government and demonstrated commitment to political institution-building provide a substantial case for its recognition as an independent state.
I therefore support Somaliland's pursuit of self-determination and sovereign statehood through peaceful, lawful and diplomatic means.
The international community should assess this claim on its historical and legal merits, while encouraging constructive dialogue between Somaliland and Somalia and protecting the rights and political aspirations of the populations concerned.
Ultimately, Somaliland's future international status should be determined through a process that respects international law, democratic expression, regional stability and the peaceful settlement of disputes.
References
African Union Commission (2025) The Chairperson of the African Union Commission rejects any recognition of Somaliland and reaffirms the African Union's unwavering commitment to the unity and sovereignty of Somalia. 26 December. Available at: African Union Commission.
International Court of Justice (2010) Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion of 22 July 2010. Available at: International Court of Justice.
Montevideo Convention (1933) Convention on the Rights and Duties of States, 26 December, Articles 1–3. Available at: US Department of State.
Republic of Somaliland, Ministry of Foreign Affairs and International Cooperation (2025) Official press release concerning Israel's recognition of Somaliland. 26 December. Available at: Somaliland Ministry of Foreign Affairs.
United Nations (1945) Charter of the United Nations, Article 4. Available at: United Nations.
United Nations (1966a) International Covenant on Civil and Political Rights, Article 1.
United Nations (1966b) International Covenant on Economic, Social and Cultural Rights, Article 1.
United States Department of State (1960) Foreign Relations of the United States, 1958–1960, Africa, Volume XIV, Document 62. Available at: US Department of State.
University College London (2025) UCL's latest international election observation mission to Somaliland launches final report. Available at: University College London.
About the Author
Mohamed Omar Ahmed is a legal scholar, freelance researcher and university lecturer associated with Puntland State University and Green Hope University, Garowe Campus, Somalia.
Disclaimer
This article presents the independent legal interpretation and opinions of Mohamed Omar Ahmed. The arguments and conclusions do not necessarily represent the editorial position of Africa Realities Media. It is published for public information, analysis and discussion, and does not constitute legal advice or a definitive determination of Somaliland's international legal status.
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