When is a State a State? The Case for Recognition of Somaliland

Boston College International and Comparative Law Review Volume 30 Issue 1 Sharpening the Cutting Edge of International Human Rights Law: Unresolved Issues of War Crimes Tribunals Article 12 12-1-2007 When is a State a State? The Case for Recognition of Somaliland Alison K. Eggers Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the African Studies Commons, Comparative and Foreign Law Commons, and the International Relations Commons Recommended Citation Alison K. Eggers, When is a State a State? The Case for Recognition of Somaliland, 30 B.C. Int'l & Comp. L. Rev. 211 (2007), http://lawdigitalcommons.bc.edu/iclr/vol30/iss1/12 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact . WHEN IS A STATE A STATE? THE CASE FOR RECOGNITION OF SOMALILAND Alison K. Eggers* Abstract: It has been well over a decade since the world attempted to save Somalia from the dustbin of “failed states.” During that decade, one region of Somalia has pulled away from its post-colonial union with Somalia, established its own government, kept the peace, and managed to ºourish in a kind of stability that is only a faint memory to most Somalians outside the region. Somaliland, once a British colony, argues it should be recognized as an independent state. This Note explores the legal conception of statehood, from the Montevideo Convention to the more recent emphasis on self-determination, and then turns to the case of Somaliland, arguing that Somaliland should be recognized as a state by the international community. Introduction There have been few state-speciªc success stories emanating from the Horn of Africa since the early 1990s. Somalia itself, once the focus of world-wide attention and aid, has lapsed into what many scholars call a “failed state.”1 Special attention is frequently drawn to the deligitimization of the state, uneven development, and lack of public services, including the lack of an effective security apparatus.2 One region of what the world recognizes as Somalia, a northwestern province called Somaliland, seems to be resisting the “failed state” fate of Somalia as a whole.3 After providing a brief overview on Somaliland’s claim to statehood, this note will discuss the international conception of statehood. The most frequently cited deªnition of a state, taken from the Monte* Alison K. Eggers is the Editor in Chief of the Boston College International and Comparative Law Review. 1 Anonymous, The Failed State Index, Foreign Policy, July 1, 2005, available at http:// www.foreignpolicy.com/story/cms.php?story_id=3098. Somalia comes out near the top of the list, number ªve, with special attention drawn to deligitimization of the state, uneven development, public services, security apparatus, and demographic pressures. 2 See generally id. 3 See, e.g., Somalilandgov.com, available at http://www.somalilandgov.com (last visited Nov. 17, 2006); see also Somaliland.Org, available at http://www.somaliland.org (last visited Nov. 17, 2006) (archiving news and opinion pieces describing the development of Somaliland, particularly its civil society). 211 212 Boston College International & Comparative Law Review [Vol. 30:211 video Convention, serves as a starting point.4 After discussing the legal conception of statehood, the Note turns to the case of Somaliland and analyzes what prerequisites for statehood Somaliland meets or fails to achieve.5 The Note argues that Somaliland, which has operated as a self-sustaining state since it declared independence in 1991, should be recognized as such by the international community.6 The analysis leads to several conclusions, notably that the alarm with which the nationstate system views breakaway states is both unnecessary and counterproductive to the peaceful conduct of world affairs. I. Background and History The Republic of Somaliland is located on the eastern Horn of Africa and occupies the same land colonized by the British prior to 1960.7 Upon independence, in June 1960, Somaliland became the ªrst Somali country recognized by the U.N.8 A week later, in early July 1960, Somaliland joined with Somalia Italiana to form one state with the seat of government in Mogadishu.9 Somalia had no history as a stable state prior to its colonial rule, but Somaliland did, thanks in part to a signiªcant trade axis centered in its territory.10 Shortly after undertaking the union of the two states, Somalilanders voted against the union in a uniªcation referendum.11 In May 1991, following decades of attacks led by the Said Barre regime and during extensive famine (which brought 4 The Montevideo Convention on Rights and Duties of States art. 1, Dec. 26, 1933, 165 L.N.T.S. 19 (1933) [hereinafter Montevideo Convention]. In recent years, scholars have criticized the deªnition, arguing it is both under- and over-inclusive and lacks analytical room for developments over the past few decades, such as rising concerns regarding selfdetermination. See Thomas D. Grant, Deªning Statehood: The Montevideo Convention and Its Discontents, 37 Colum. J. Transnat’l L. 403, 435, 437, 449 (1999). 5 See generally Montevideo Convention, supra note 4. 6 See Martin Doornbos, Somalia: Alternative Scenarios for Political Reconstruction, 101 Afr. Aff. 93, 95 (2002). 7 Günther Schlee, Redrawing the Map of the Horn: The Politics of Difference, 73 Afr. 343, 348 (2003); see Doornbos, supra note 6, at 95. 8 The Republic of Somaliland, Somaliland: An African Success Story, http://www.somalilandgov.com/G8Somaliland.pdf (last visited Nov. 17, 2006) [hereinafter African Success Story]. 9 See id.; Somalilandgov.com, Country Proªle, supra note 3 (contains basic country proªle, including history of relationship with Somalia). 10 Ismail I. Ahmed & Reginald Herbold Green, The Heritage of War and State Collapse in Somalia and Somaliland: Local-Level Effects, External Interventions and Reconstruction, 20 Third World Q. 113, 113 (1999). 11 See id. at 116; see also Farhiya Ali Ahmed, Somaliland Elusive Independence, New African, Jan. 1, 2006, at 34. 2007] Recognition of Somaliland 213 U.N. efforts and U.S. forces to Somalia),12 Somaliland withdrew from its union with Somalia and moved its state capitol back to Hargeisa.13 A series of grassroots reconciliation conferences have been held by Somaliland’s elders since 1992 to resolve outstanding community conºicts across the territory.14 Somaliland’s population of 3.5 million, scattered across an estimated area of 137,600 square kilometers, is represented by men (and, as “clan ambassadors,” women) chosen by virtue of personal attributes such as fairness and wisdom, not merely age.15 Over the past decade and a half Somaliland has repatriated refugees, rebu (...truncated)