SOMALILAND TO SEEK STATEHOOD VIA LEGAL ARBITRATION.

[JSL3000]

SOMALILAND TO SEEK STATEHOOD VIA LEGAL ARBITRATION

The de facto state of Somaliland has opted to explore legal options to gain their long-awaited international recognition as an independent sovereign state which includes taking their case to the International Court of Justice (ICJ), the primary judicial body of the United Nations (UN) headquartered in The Hague, Netherlands.

map of somaliland

The court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly. Somaliland’s quest for recognition is a quarter-of-a-century old; and these days the government of the small nation looks to be tired of waiting for the international community to recognize it as sovereign state and have decided to push matter to the legal arena.In his address to the joint session of parliament at the beginning of the year, President Ahmed Mahmud Silanyo told lawmakers in Somaliland that his administration was prepared to pursue legal remedies to his countries long-awaited international recognition. The Somalilanders believe that they have a good legal case and that it would benefit them to seek international legal arbitration.The history of Somaliland is rather complicated. According to local elders, the nation has always been an independent entity in the Greater Somalia Region. For one, Somaliland or the British Somalia as it was once called was never a full colonial state for the British, they argue. They underscore that the country was under British protectorate, an arrangement where a dependent territory is granted, some degree of autonomy and independence to run its local affairs save foreign policy and international relation matters.Regardless, the territory gained its independence in June 26, 1960 under the assumption that it will join the Italian Somalia to the South. Somaliland preceded Italian Somalia in gaining independence. For brief stay, around 5 days, the territory existed as the state of Somaliland there by making the union with Somalia a union of two sovereign states. This appears to be the basis of Somaliland’s drive to explore the legal option since the territory has to establish that it is a state to even have the ICJ consider its request and the legal substance that is right to self-determine.Saad Ali Shire (PhD), Foreign Minister of Somaliland, told The Reporter in an exclusive interview that his government has good legal case for self-determination since what they are asking is to leave the union that they have entered willfully. “We were an independent state when we forged the union and all we want to do now is leave this union,” Shire said. Furthermore, the minister also argued that the strength of his country’s case is much re-enforced when one looks into the fact that the quest for independence is a popular quest of the Somaliland people.“It is not a decision passed by politicians; rather it is decision that was reasserted by the people in the reconciliation conference of Burao in 1991 and again in the referendum on the country’s constitution,” he argued further.Apart from that, the massacre that Somaliland people suffered under the Somali central government especially towards the last decade of the 40 years old union is another strong ground for Somaliland to be a sovereign state. Shire is careful to assert that Somaliland is a not a region that want to secede from a country; rather a country that wants to leave a union which it has opted to join voluntarily.According to legal experts The Reporter talked to the case of Somaliland could well qualify to be one of the unique cases in the ICJ. For one, the court entertains requests coming from territories which have a state capacity. Hence, he argued that accepted and entertained the matter by itself be construed as a positive signal for the Somaliland’s recognition. He further remembers the case of Northern Rhodesia where the ICJ rejected the case for it was not recognized as a state and the precedent set by that decision.Shire also argues that the case of Somaliland is going to be a unique case and studies have been conducted pointing to that direction. Nevertheless, another most important factor that would enhance the legality of the Somaliland’s request for recognition, according to Shire, is the fact that it has fulfilled all the necessary requirement of sovereign statehood as proclaimed by the Montevideo Convention signed in 1933 in Uruguay which defined the rights and definition of a state.Nevertheless, the legal avenue was not priority number one for Somaliland to gain its recognition. It has tried various ways and exerting its soft power in it strategic partners. Apart from that, they have also tried to engage their neighbors to the south—Somalia—in hope of achieving a negotiated separation.Formal talks between Somaliland and Somalia finally kicked-off 2012 in London. The talked went on for nine rounds until it finally failed due to alleged lack of commitment by the Somali side, which Shire said was reflected by the composition of his delegates who come to the meetings. “They [the Somalis] chose to send Somalilanders who are living in Somalia to talk to our delegates; that defeated the whole purpose of Somaliland-Somali talks,” Shire explained.

http://www.slnnews.com/2016/02/somalila ... bitration/

http://www.thereporterethiopia.com/cont ... rbitration

[JSL3000]

This is the best move for somaliland resolving it's recognition status through legal means helps it to push it's case to a platform where it can heard on international scale in the highest court of justice.

but why hasn't somaliland done this sooner?

[cheifaqilbari]

It makes sense to seek legal way .

[Beer-Dilaacshe]

Finally this could be the best way forward.

[smooth]

A lot of Jaberti's will be reading this with total shock, I hope none of them gets a heart attack from it, Ilkayare aside your taking the best of the Jaberti's with you, the warsangeli are the smartest of all and dhulloz patriotic bunch if you give them their rights, but your leaving us with the absolute worst, the ultimate cancer that is Mohamoud Saleeban and Abdi Ileey "Melez didn't die" enslaved cagheere filth, 25 years held Somalia hostage with Kikuyu, Xabashi muscles, not an iota of patriotism, watch them be the most vocal parasites in this topic.

[incognito1]

But what happens if borama and ssc go against the statehood of Somaliland, will they be force to submit both legally and militarily, by the regime in Hargeisa???

[drobbah]

But what happens if borama and ssc go against the statehood of Somaliland, will they be force to submit both legally and militarily, by the regime in Hargeisa???

Borama will never go against Somaliland,and about ssc they have no legal basis and no one recognizes this movement not even Xamar.They will be put down so the people of Eastern Somaliland will finally have peace without those trigger happy retards existing.

[JSL3000]

But what happens if borama and ssc go against the statehood of Somaliland, will they be force to submit both legally and militarily, by the regime in Hargeisa???

Yes.

[incognito1]

A lot of Jaberti's will be reading this with total shock, I hope none of them gets a heart attack from it, Ilkayare aside your taking the best of the Jaberti's with you, the warsangeli are the smartest of all and dhulloz patriotic bunch if you give them their rights, but your leaving us with the absolute worst, the ultimate cancer that is Mohamoud Saleeban and Abdi Ileey "Melez didn't die" enslaved cagheere filth, 25 years held Somalia hostage with Kikuyu, Xabashi muscles, not an iota of patriotism, watch them be the most vocal parasites in this topic.

Smooth brother I would honestly advice you,to tone down your absolute hate for darood. Because at the end the day your the only one it will hurt wallahi, I really don't give two sh*ts about your hate for Daroods, but you have such a crazy obsession help yourself and if you can't seek a doctors.

Several family properties we had in Xamar were looted by Moryans using the Hawiye name, and guess what my best friend today is a Hawiye.
My uncle was killed by Moryans using the mareexaan name, and one of my closest friend is a mareexaan. Grudge and cuqdad won't do you any good, if it could, I would have been the first to advocate it. Relax and focus on improving yourself and I promise your hate will subside insha Allah.

[JSL3000]

Like I always said some people love to hate and hate to love.

[TheFuturist]

SL is not recognised by the ICJ as a 'state', so it can't submit a case to the ICJ. Even if SL were recognised, it still isn't a signatory to the court.

The only way this will work is if SL claims to be the successor state to what was the Somali Republic, giving the court jurisdiction. But even then im not sure if the court deals with internal issues in a country.

[smooth]

Smooth brother I would honestly advice you,to tone down your absolute hate for darood.

I have absolutely no hate or cuqdad whatsoever sxb to anyone, dislike for Mohamoud Saleeban yes but none of the stuff you mentioned, I am a nationalist that wants what's best for his country, I have been there several times, plan is to move there permanently, there was no conflict worse then HG/Abgaal were I lost people yet I have nothing but love for them, I despise those that wish nothing but misery for the country, always whining and bitching, using Xabashi's or Amisom and every destabilization tactics known to man, I don't think you know what goes on as well as I do, those are the people I am attacking, even the Prime minister came out today and spoke against them for trying to put the safety of the country at risk and that's against his own people

You see a lot of you supporters like to always talk about a few moriyaan here and there putting up isbaaro because of hunger and wanting to feed his starving family, that's not a big deal we include them into army give them salary and they stop, the hardcore tuugo we go out and kill and others rot away in jail, these guys don't put the safety of the country at risk at all like Ahmed Madoobe or much worse AbdiProzac, the IC has warned this is the last chance for Somalia including the European Union, yet these hypocrites are happy to risk all by proposing a system we actually went to civil war with, not only that but they have never implemented themselves, they are the prime-minister, been given more seats wrongfully & yet they are still bitching everywhere, from their intellectual all the way down to their idiot they all whole heartedly support their stance and as long as they do I will continue to karbaash them.

If your honest nationalist and want what's best for your country, you will condemn such people even if they are of the same tribe as you, I despise Hussein Ceydiid, Gheedi, Salaad Ali Jelle etc. Why don't I come across anyone against Madoobe or Gaas from amongst you? you yourself are madoobe's greatest support? Somalia as a failed state has served Puntland very well, but no so well since we have a recognised government, yes a lot of the SFG are corrupt fuckers, but a corrupt guy or some moriyaan laying down isbaaro on a road is not the same as a group of people whom not only want Somalia to be a failed state, but slide into civil war (we went to war over Afweyne sadbursi 18 gobals), be a man sxb and stand for the xaq.

[AGENT447]

Incognito1, it would be wise that you take your own advice and stop with the cheap janbal and your hypothetical if this if that doomsday. Stop putting Borama and SCC in the same sentence and portraying the people of Borama as though they are under occupation.

The people of Borama are the ones that facilitated the formation of Somaliland in their own city, they have much stake in Somaliland as Hargeisa or Burco, therefore would welcome any progress on the status of Somaliland's recognition.

It's one of the most serene, peaceful, prosperous and stable cities in the Horn, so for you to even contemplate about it being attacked or be forced at a gun point, is not only offensive but outright blasphemous. So check yourself before you advice other people to tone down their shyt.



On the topic, why exactly was this not contemplated and pursued before?

[TheFuturist]

On the topic, why exactly was this not contemplated and pursued before?

Because waa sheeko bug iyo been ah, it's a nonsense

[Siciid85]

Incognito1, it would be wise that you take your own advice and stop with the cheap janbal and your hypothetical if this if that doomsday. Stop putting Borama and SCC in the same sentence and portraying the people of Borama as though they are under occupation.

The people of Borama are the ones that facilitated the formation of Somaliland in their own city, they have much stake in Somaliland as Hargeisa or Burco, therefore would welcome any progress on the status of Somaliland's recognition.

It's one of the most serene, peaceful, prosperous and stable cities in the Horn, so for you to even contemplate about it being attacked or be forced at a gun point, is not only offensive but outright blasphemous. So check yourself before you advice other people to tone down their shyt.



On the topic, why exactly was this not contemplated and pursued before?