[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." |