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  • Title: [SW Analysis]SOMALIA: IRIN Special - A question of recognition (SL vs TNG)
  • Posted by/on:[AAJ][11 July 2001]

SOMALIA: IRIN Special - A question of recognition

[This article does not necessarily reflect the views of the United Nations]

NAIROBI, 10 July (IRIN) - The self-declared state of Somaliland, northwestern Somalia, is the second territory in the Horn of Africa in a decade to hold a referendum for full independence. Unlike the Red Sea country of Eritrea - which established internationally-recognised independence in 1993 - the Somaliland bid has not only failed to meet with international approval, but has passed by with barely an international whisper. Apart from the historical and legal differences between the two cases, the international climate has dramatically changed. After a decade of post-Cold War turmoil in Africa, the brief optimism over new democracies, new leaders and the so-called "New World order" has disappeared, and the international community is not willing to draw more borders and recognise more tiny states. A region of Africa that has produced an enormous refugee population, and a recipient of some of the largest humanitarian interventions in the world, the Horn of Africa has left donor governments with little enthusiasm for its evolving political experiments.

"We were the exponents of the new optimism, the new idealism," said Eritrean diplomat Temedhin Temariam of the mood when Eritrea declared independence from Ethiopia in 1991. All that idealism has gone, says Temedhin "after a decade of post-Cold War falling out everywhere in the world, and the implications of continuously sliding, failing states".

Somaliland, like Eritrea, announced independence in 1991, on the basis that it was not seeking "secession", but wanted to revert to the independent status it had briefly enjoyed for six days in 1960. Unlike Eritrea, it had no blessing from a central authority to go its own way. In fact, with southern Somalia suffering anarchy and famine, there was no central authority at all. Then, while the victorious Eritrean rebels rode the international tide of the early 1990s with a credible and effective administration and an internationally condoned - and supported - referendum, Somaliland struggled to survive two bouts of inter-clan conflict. Not independent enough to be noticeable, and not tragic enough to be "saved", it was all but invisible to the outside world. By the time Somaliland had established itself, the international tide had turned.

The Somaliland case

"It is generally accepted that the Somaliland referendum reflected a "yes" vote for independence, whatever the flaws. But the international community would feel there was no point in walking down that road to recognising more, smaller states in the Horn of Africa", said one Western political source.

More critically, a southern authority that vigorously opposed Somaliland independence had by October 2000 positioned itself in the Somali capital, Mogadishu. The Transitional National Government (TNG), elected in Djibouti-hosted talks in August 2000, had minimal, but sufficient, international recognition as a new central authority. The position taken by the TNG reflected the strong opposition expressed by southern Somalis, and some northern Somalis, against separatism by any Somali territory. Those opposed to the referendum point out that Somaliland is ethnically, culturally, and linguistically the same as Somalia, and contains clans who oppose separation. Economically, the critics say, it also makes little sense for a poorly resourced territory containing no more than three million people (in the absence of a census estimates range from one to three million) to be treated as a country in its own right.

When the referendum went ahead, the TNG denounced it as "illegal" and said it had set up a committee to study what it described as a "foreign-inspired conspiracy". The self-declared autonomous region of Puntland, northeastern Somalia, also issued statements warning it was a "provocation" and might lead to violence.

Without any real hope for immediate international recognition, the question now is whether the referendum will make any difference. Some regional experts and humanitarian workers say it should. "The Horn area is currently involved in a quasi-ethnic federal devolutionary experiment, and we ought to be offering every possible support to ensure the experiment doesn't collapse into chaos...and provide a realistic response to the aspirations of the peoples of the region," Horn of Africa specialist Patrick Gilkes told IRIN.

The referendum

Held on 31 May 2001, the Somaliland referendum was characterised by poor preparation, intimidating diaspora propaganda, and an admirable openness at the polling booths. The vote for independence was combined with the vote for a new constitution which brought in sweeping political changes by Somaliland President Muhammad Ibrahim Egal. The first article of the new constitution asserted the independent status of Somaliland, and Article Nine removes the present clan-based system by laying the basis for a new multiparty system.

Without any international support for the referendum - except private financing from the Somaliland diaspora - there were doubts up to early May that the referendum could even go ahead. In Somaliland, there was some concern that there could be voter confusion over the link between independence and the new constitution - although the overwhelming approach to the vote was that it was one for independence. Even the staunchest Somaliland supporters were critical of poor preparation by the administration, which left voter education and distribution of electoral material to the last minute. Abdiqadir Haji Isma'il Jirde, vice-chairman of the National Referendum Commission and vice-chairman of the House of Representatives, said voter education had been carried out through street plays, the media and public address systems; but on the eve of the vote he expressed nervousness to IRIN that the voter turnout could be as low as 40 percent. A number of reasons were given by observers for this anticipated low participation, including insufficient preparations in outlying areas, the high rate (estimated at about 70 percent) of illiteracy, economic depression, and difficult seasonal conditions for the predominantly nomadic population.

On the day, however, there was a high turnout in the Hargeysa-Berbera corridor, inhabited by Egal's Isaq clan. Long queues of people voted throughout the day, and there were celebrations held in Hargeysa. The Isaq dominate the administration, subject to sub-clan political divisions and influence.

International observer teams from the Electoral Institute of Southern Africa and the US-based Initiative and Referendum Institute (IRI) monitored the vote in many areas, and returned with positive comments about the openness of the vote, the general lack of intimidation, and the freedom of voters to openly debate or demonstrate their choice of vote.

However, there were no observers in Sool, in the northeast, one of two Somaliland regions bordering Puntland, where cross-border clan affiliations had led to some pre-election fighting and insecurity. There were contradictory reports of how - if at all - voting had taken place in various districts in Sool and Sanag. These contradictions have not been resolved, despite claims by the administration that both districts contributed overwhelmingly to endorsing the vote. Regional observers and humanitarian representatives have said the indications are that only one district in Sool voted, under tense circumstances, and no-one was able to vote in border town of Las Anood.

On a trip to Boroma, in the northwest - where the Dulbahante clan is considered to represent pro-unification sentiment - IRIN witnessed voting in outlying areas of the Awdal Region, but also a beefed up military presence and some armed manning of polling stations. In Boroma itself there was a good turnout, and lively debate between "yes" and "no" voters in the teashops and marketplaces. This was despite the fact in the run-up to the referendum, two of the official cars had been stoned in Boroma, there was an anti-referendum demonstration, and at least 20 people had been arrested.

The day after the referendum, ballot boxes were transported to counting centres with reasonable efficiency, and dedicated teams of counters stood up well to spot checks by monitors. However, the counting system depended heavily on faith; voting papers were not distinguished by "yes" or "no" marks, but the identical papers were simply deposited by voters either in the white "ha" (yes) box, or the black "maya" (no) box. Any demand for a recount would have been effectively impossible.

The Somaliland administration later announced a 97 percent vote in favour of independence and the new constitution.

"Whatever the irregularities, there was probably about a 70 percent pro-independence vote, in a referendum that was, overall, well handled by a territory with no democratic history," said one Western observer familiar with Somalia and Somaliland. According to this source, the Somaliland authorities would have done themselves "more favours by being more honest", instead of declaring extremely high figures. Similarly, "rash" statements about violence and "foreign conspiracies" put out by the TNG and Puntland reinforced the apparent insecurities of the other authorities, added the source.

For many Somalis, however, the referendum details are essentially irrelevant, ­ because they considered the whole exercise "illegal". Critics said that what Egal really wanted to do was use a movement of genuine popular sentiment about independence as a vehicle to push through a major political restructuring.

He had long delayed both holding the referendum and submitting the constitution, and chose to do so in May because it was part of a personal strategy to prolong power, critics say. It also put the nascent authority in the south in an awkward position.

The internal politics

It was the clan-based system which saw Egal elected and Somaliland come into existence. "Under the old system, Egal was definitely out. Under the new constitution, his survival may be questionable, but possible. By divesting the clan elders of constitutional power he has reshaped the political landscape," observed political sources in Hargeysa. After serving two terms, Egal faced certain removal by clan elders.

The new constitution allows for three political parties, which must gain support from four of the six Somaliland regions to qualify as an official party. It covers political and legal rights, the separation of powers, and elections. Somaliland is divided into a legislative, an executive, and a judicial system. The president and the vice-president have a five-year term of office, and are elected by secret ballot in a general election. The two chambers of parliament will also be elected, with members of the Council of Representatives elected every five years, and members of the Council of Elders every six years.

Clans will need to form workable coalitions. Abdiqadir Haji Isma'il Jirde pointed out the main impact will be that "the tribal militias and clan organisations would not qualify as national parties... Now everything is clan-based and controlled, but this new open system belongs to party legitimacy, democratic participation, freedom of expression." It gives Egal a chance to be re-elected as head of a new, coalition political party.

The origins of Somaliland

Egal was elected at a traditional conference of elders at Boroma in 1993, two years after independence had been unilaterally declared by the Somali National Movement (SNM). At the time, the SNM was the most cohesive and powerful force in Somaliland. The Isaq-based northern rebel movement, had successfully waged civil war against former President Muhammad Siyad Barre's government, and was instrumental in the collapse of his regime in 1991. But it was seen by many as fighting for a clan-based "fiefdom". When independence was unilaterally declared on 18 May 1991, Somaliland was a deserted and destroyed territory: hundreds of thousands of civilians had fled across the borders of neighbouring Ethiopian and Djibouti to escape the war.

It was a shaky start. By 1993, Somaliland had used traditional mechanisms of clan conflict resolution with some success, but poor leadership and civil strife in the early years meant it appeared at times to be tilting dangerously towards the route the south had taken. Before Egal came to power, Hargeysa was basically a one-street, one-hotel town where gunfire at night marked out the boundaries of sub-clans. Few took the bid for independence seriously ­- including Somaliland's first president, Abdulrahman Tur.

On a broader level, the Boroma inter-clan conference proved to be the first major Somali breakthrough for peace and reconciliation since 1991. However, the focus of the international community by that time was firmly fixed on the south, where a military-led humanitarian intervention by the US and the UN was visibly failing to find solutions. If Somaliland had not declared the intention of independence, the Boroma conference would have been a celebrated occasion for progress and peace, some observers claim. As it was, the peace and reconciliation conference was shunned by an international community that wanted to be seen as having no part in separatism.

This set a pattern of international isolation, which has continued. Supporters of Somaliland independence have criticised the UN for focusing on the "unity is sacred" policy, and the irreversibility of colonial boundaries, in line with the Organisation of African Unity (OAU) policy. The UN was "unnecessarily provocative" in its policy to Somaliland by "not listening to what was actually going on", said one established regional expert. A senior UN source admitted that the lack of attention to Somaliland by UNOSOM (UN Operation in Somalia) in the early 1990s "contributed to this separatist philosophy".

Somalilanders thought they had a real chance to get recognition under their newly elected leader. President Egal was a respected elder statesman, who had been prime minister at the time British-ruled Somaliland gained independence in 1960. Premier for six days, he led Somaliland into a voluntary union with the Italian-ruled south, when the south gained independence on 2 July 1960.

He is now in the extraordinary position of demanding recognition for an independent territory on the basis that his decision to join the south had been wrong. According to the Somaliland case, inequalities and abuse by the south (Link to the IRIN WebSpecial 'A Decent Burial: Somalis yearn for justice') meant that Somaliland had the right to abandon the union, and revert to its original status. Whether Egal is personally convinced of this, or whether he ultimately hoped for a powerful position in a confederated state has never been clear (see IRIN interview with Muhammad Ibrahim Egal ).

There has always been suspicion among the hardline Somaliland separatists - ­particularly the SNM - that his ambitions really lay with a united Somalia. Although Egal had cleverly managed to sideline and break the hold of the SNM by 1996, this suspicion gained popular currency. His position has been weakened by his failure - among other factors, like the weakness of an administration confined primarily to Hargeysa - to gain international recognition.

The diaspora constituency

There has been minimal international and humanitarian engagement in Somalia and Somaliland over the last few years, although Somaliland has received more attention as a stable and developing territory. With the link to the outside world effectively down, the case for Somaliland independence has often been heard most vocally from the diaspora through the Internet. The existence of Somali diaspora groups is a direct consequence of the humanitarian disasters in Somalia and Somaliland in the late 1980s and early 1990s, when hundreds of thousands fled abroad. Unwilling to accept a life of exiled silence, the groups have continued to perform an active role through remittances, which is a cultural obligation. Direct economic participation has given entitlement to a strong and vocal political participation, facilitated in the late 1990s by new technology. According to Somalia academic I.M.Lewis, "hundreds of essentially clan-based web-sites flourish and compete for attention with differently slanted versions of the news from home... Radio, telephones and the Internet combine elements of orality and literacy in way that appeals strongly to Somalis." ('Why the warlords won': I.M.Lewis, 'The Times Literary Supplement' 8 June 2001)

For the Somaliland diaspora, this has translated into a no-holds-barred campaign for independence. Remittances to the "motherland" has been a serious investment to families struggling to survive in Europe and North America. A pro-independence Isaq population is particularly strong in the Britain, where effective pressure has been put on British MPs to take an active interest in Somaliland - despite the fact official government policy regarding the former colony reflects the indifference of other members of the European Union.

The most assertive Somaliland diaspora group is the Somaliland Forum, which has run a relentless campaign for independence. The campaign has concentrated primarily on direct petitioning of politicians and international organisations, as well as monitoring media output. The fact that the Somaliland Forum financed the travel and accommodation of international observers at the referendum has set it apart from the many other Somali diaspora groups. Characterised more by information intimidation and personal criticism than by diplomatic persuasion, the diaspora constituency is as much a political liability as an asset. It is an essential - but physically absent - constituency over which the Somaliland leadership exercises no control.

The humanitarian approach

Somaliland's other main source of international contact has been through aid. Although humanitarian assistance has been minimal in Somalia and Somaliland since the collapse of the central government, Somaliland has received comparatively more attention and funds as a more stable and developed territory.

"We have dealt with them differently, and they behave with us as if they are an international government," said one humanitarian source. Agencies have to work with local counterparts, and the administration takes on national functions, like developing a school curriculum. "We treat them like a federal government," the source said. But despite attempts, Somaliland was unable to persuade international financial institutions, like the World Bank, to devise a method of dealing with it. "After a certain point, you can't go any further. You need recognition," said one Somaliland politician.

Aid budgets for Somalia have been shrinking dramatically since the massive military-led humanitarian intervention in 1992. The European Commission (EC - Somalia's largest donor) says that more funds are spent in Somaliland than other parts of the country. This is primarily due to the fact that Somaliland has achieved stability making longer rehabilitation and development projects possible. Like many other donors, the EC has been limited in its dealings with the chronic emergency in Mogadishu, and has preferred to put money into the areas in which the separate regional administrations function. "Somaliland is about 10 years ahead of the rest of Somalia right now," one humanitarian source insisted; "Puntland is about five." This so-called "building blocks" approach was greatly encouraged up until very recently, when the new central authority was elected in Djibouti (see IRIN SOMALIA: Are "building blocks" the solution? ).

However, the regional blocks which were effectively rewarded for pursuing separate development faced criticism for it in 2000, after the election of the TNG. A new pressure was on to unite with the Mogadishu-based authority. This may be one of the factors that prompted Egal to hold the referendum with some urgency, as there was concern in both Somaliland and Puntland that resources would be redirected to Mogadishu. It was certainly the case that the humanitarian community had begun to look south again, even if very cautiously. In a statement released soon after the TNG had established itself in Mogadishu, the UN humanitarian office tried to calm these suspicions by announcing that the new focus would not detract from already established programmes, and that all administrations would be given support. There was no doubt that the arrival of the TNG had an impact on the campaign for independence, however. Somaliland had survived without recognition in the absence of a recognised Somali government, but "a government in the south, with the legal and financial advantages it implies, could have serious implications for Somaliland.... Somaliland's best 'defence' is recognition - in other words that the Mogadishu-based government is not sovereign in the north," said one Somali political source.

Recognising Somaliland's needs

Ironically, debates over the issue of international recognition have been associated as much with the new authority in Mogadishu as with Somaliland. When the TNG was elected by clan representatives and civil society groups in Djibouti, it was considered by many observers as a milestone in the peace process after a decade without a central authority. "The TNG was seen as the most genuine national process in the last 10 years, and came up with something representative... it is the only body left today in Somalia with representation from all clans," said one Western source. Newly elected President Abdiqassim Salad Hassan thereafter took the Somalia seat at the UN, the Arab League, attended the regional Inter-Governmental Authority on Development summit, and most recently, re-took Somalia's seat at the OAU summit in Lusaka, July 2001. "There is international recognition, but it is minimal... we are still at the stage of looking out for signs that regional states have officially, in writing, recognised the TNG," said a diplomatic source. Critics of the TNG have pointed out that one of the criteria for a recognised government is territorial control, which the TNG has yet to achieve. According to international law, four main legal criteria for statehood are a permanent population, a defined territory, government, and a capacity to enter into relations with other states. It is up to the TNG to prove itself a genuine government; international recognition will not ultimately perform this function.

In the case of Somaliland, no states have been willing to show formal recognition, because it is attempting to bring a new state into existence - rather than setting up a new administration in an existing state with which the international community may chose to establish diplomatic relations. "The common position of the international community has been one of resistance to the creation of new states to avoid setting a precedent that would lead to further secessionist movements and potential regional instability," an expert in international law said. That position is likely to remain regarding Somaliland, whereas in the case of the TNG "it will prove difficult to identify a specific moment in time when a new national government becomes recognised as holding sovereignty of Somalia, as it will need time to establish its presence in-county and extend effective administration over its territory", the expert said.

For Somaliland, the closest it has got to recognition is in being treated as de facto independent by neighbouring Ethiopia - which has accepted Somaliland passports, and recently initiated twice-weekly flights by Ethiopian Airlines, and has discussed banking arrangements with the administration. But regional observers pose it is extremely unlikely that Ethiopia would go as far as extending formal recognition, as it would not want to undermine options in the south. This has recently been demonstrated by improved relations between Ethiopia and the TNG, and the continued role of Ethiopia in Somali peace talks. Somaliland passports have also been accepted in Italy, in the context of visiting delegations of Somaliland ministers. Italy, however, is seen as being strongly opposed to Somaliland independence because of its colonial attachment to a united Somalia.

Britain is considered "broadly supportive" of the current Somaliland administration, but maintains "the status quo", said one Western political source. The rest of the European Union is "much more hostile", the source told IRIN. According to a Western political source, the French and Italians are particularly suspicious that London might seek to re-establish Somaliland. Britain, however, will also be influenced by US policy in the region. Over the last decade, the US sees reason to support a stable, central authority in a country it fears is vulnerable to the dangers of extremism and Islamisation.

Egypt and the Arab states have always pushed for re-establishing a united Somalia, and Saudi Arabia has been one of the most generous backers of the TNG. "One of the few things the ever-squabbling Arab nations have in common is their strong support for a united Somalia," said one regional expert. Somalia is a member of the Arab League. The key to serious canvassing for recognition would lie in gaining full support from Africa and the Arab world, the source said. African states would be extremely reluctant to bestow acceptance on Somaliland because of the fear of disintegration of less homogeneous nations.

Eritrea, ironically, is one of those least likely to extend recognition. Eritrean diplomat Temedhin Temariam said Eritrea would not want to be portrayed as working for secessionism, and "we are as conservative on the issue [of Somaliland independence] as any other state".

However, almost all observers agree that if the south continued to fail, there would be reason in the future to reconsider the position on Somaliland. Absence of formal recognition as a state does not mean a lack of recognition for other achievements, like stability and administration. In a legal briefing on international recognition issues to the UN, one expert pointed out that under certain circumstances "the UN is in a position to maintain contact with non-recognised political entities within a state, even when a recognised government exists". The example used is Sudan, where the UN maintains relations with southern factions.

The referendum is "clearly not an internationally recognised referendum, and the outcome has no validity in the international community, but many will nevertheless take note of the message coming from the people of Somaliland", said David Stephen, UN Special Representative for Somalia. Temedhin Temariam warns that it would be wrong for the international community to ignore developments in Somaliland because of a preoccupation with the issue of independence. "From a purely legal point of view, the vote for independence may not be acceptable, but in terms of what is in the hearts of the Somalilanders, it is very important to listen," Temedhin said. "Somaliland is trying to succeed as a smaller, working entity... it is very important that the world should not deny them recognition in terms of working with them, and providing help to ameliorate their situation. Unity and common ground can come later."


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