SOMALIA: Memorandum on the Dialogue between Somalia & Somaliland Submitted to TFG Delegation by Elders of Harti (Warsangeli & Dhulbahante Clans) in UK
Memorandum on the Dialogue between Somalia & Somaliland Submitted to TFG Delegation by Elders of Harti (Warsangeli & Dhulbahante Clans) in UK
20th June 2012
Memorandum on the Dialogue between Somalia & Somaliland
We the elders and representatives of Warsangeli & Dhubahante in U.K wish to bring to the attention of the TFG Delegation our views on the dialogue between Somalia and Somaliland and the road map, which are as follows:
1. The territories that became to be known as British Somaliland Protectorate in late 19th century was inhabited by Somalis, which were traditionally divided into clans. Each clan was separate and independent from the others. This was observed by Sir Richard Burton when he visited, in 1855, the Somali territories, facing the Gulf of Aden. He mentioned in his book “First Footsteps in East Africa” that the frontier between the Warsangeli and the Habar Garhejis is denoted by piles of rough stones and violation of territorial rights was followed by war.
2. The clans separately and independently entered into agreement with the British Government. The Warsangeli clan entered into a treaty with the British Government on 27th January, 1886. The Treaty was ratified by the British Government on 15th May, 1886. Article 1 of the Treaty said, “The British Government, in compliance with the wish of the undersigned Elders of the Warsangeli, undertakes to extend to them and to the territories under their authority and jurisdiction the gracious favour and protection of Her Majesty the Queen-Empress.”
3. Thus the Warsangeli clan, among others, maintained its connections with the British Government separately from other clans on the basis of the treaty signed between the United Kingdom Government and the Warsangeli that recognised its area to be a separate territory. The Treaties, including that with the Warsangeli, which the British Government concluded with the clans, did not create a unitary state. Therefore British Somaliland Protectorate was not a unitary state but an umbrella entity for administering the territories of these separate and independent clans on the basis of the Treaties.
Facts relating to the Union between UN Trusteeship of Somalia and British Somaliland Protectorate:
1. In December, 1959, the General Assembly of the United Nations adopted a resolution that UN Trusteeship of Somalia, under Italian administration, should become independent on 1st July, 1960.
2. The Legislative Council of British Somaliland Protectorate met on 6th April, 1960 and with the unanimous support of all the elected members passed the following Resolution:
“That it is the opinion of this house that practical steps should be taken…for the immediate unification of the protectorate and Somalia (UN Trusteeship)…that the date of independence and unification with Somalia must be 1st July, 1960, the date when Somalia will attain its full freedom.”
3. As a result of this Resolution, a Conference was held in the Colonial Office, London, on 2nd May, 1960. The Somaliland Ministerial Delegation led by the Minister of Local Government & Leader of Government Business, Mohamed Ibrahim Egal, confirmed their desire to achieve independence and unite with Somalia when that country became independent on 1st July, 1960.
4. The British Secretary of State for the Colonies, Iain Macleod, referred to the treaties that the British Government had with the clans. He asked for some form of proof that the elders and the authorities of the clans were in agreement with the demand for independence and union with the UN Trusteeship of Somalia.
5. The Council of Elders of British Somaliland Protectorate met on 24th May, 1960 and endorsed the policy of independence and union with Trusteeship of Somalia.
6. The Royal Proclamation Terminating Her Majesty’s Protection dated 23rd June, 1960 begins with the words; “Whereas the Territories in Africa known as the Somaliland Protectorate are under our protection; our protection over the territories known as the Somaliland Protectorate shall cease… ” and this proves again that Somaliland Protectorate was not a centralised unitary state.
7. Somaliland Protectorate became independent on 26th June,1960 and on June 27th,1960, the Legislative Assembly of Somaliland passed the Law of Union between Somaliland and trusteeship of Somalia, which read:
“The State of Somaliland and the State of Somalia do hereby unite and shall forever remain united in a new, independent, democratic, unitary republic the name whereof shall be the SOMALI REPUBLIC.”
8. The Union of Somaliland and Somalia Law No.1 was passed on 1st July, 1960. It was later, after the referendum on the constitution in 1961, was adopted as the Law of the Act of the Union.
9. United Nations General Assembly resolution 1479 of September 20, 1960, called “Admission of Somali Republic to membership in the United Nations” and stated that it, “…decides to admit the Republic of Somalia to membership in United Nations.” Thus Somali Republic gained international recognition and legitimacy as a subject international law. All the previous states such as Trusteeship of Somalia and Somaliland which formed Somali Republic no longer exist since that moment.
1. The Dialogue
* We support the territorial integrity, sovereignty, political independence and unity of Somalia.
* The dialogue between Somalia & Somaliland should be conducted within the framework of the territorial integrity, sovereignty, political independence and unity of Somalia.
* The dialogue should be on the basis that Somaliland is a regional state of Somalia like Puntland and Gulmudug and NOT as an independent state.
* Somaliland only represents the Isaaq clans and cannot represent the Warsangeli and the Dhulbahante even though its delegation may include members of these clans.
* The TFG delegation should have separate dialogue with representatives of other non-Isaaq clans (Warsangeli, Dhulbahante, Gudaburse and Issa), who are independent of Somaliland, so as to save guard their political, economic, security and social interests. Similarly they should be represented in the proposed meeting in Qatar.
* The dialogue should be confined to the integration of Somaliland to the road map.
* If concessions are accorded to Somaliland (Isaaq clans), then equal concessions should also be extended to the other four non-Isaaq clans to be equally distributed between them.
We hope that our views will be given serious consideration.