Global Journal of Human Social Science, F: Political Science, Volume 22 Issue 5

most important determinant of recognition will be the extent of domestic control and authority exercised by the secessionist regime (Jackson, 1987, Meijknecht 2001, Milano 2006). In other words, recognition will be stalled indefinitely and only granted once domestic sovereignty is definitively and irreversibly established. It is only under these circumstances that the international legal criteria, however ambiguous, rather accurately determine secessionist success (though recognition’s timing will remain uncertain). In sum, the international politics of recognition are essential to understanding which actors among the scores of potential new members will be accepted into the international community of States. To an important extent, nascent states are either elevated to State membership or excluded from it by powerful, existing members (Milano 2006, Neff 2005, Schoiswohl 2004, Shaw 2003, Jackson, 1987). VII. C ases of R ecognition of S tates and G overnments in A frica The Republic of Somaliland with an estimated population of more than 3.5 million people is located in the Horn of Africa. It became a British protectorate at the end of the nineteenth century when European colonial countries were competing for spheres of influence in Africa. It obtained its independence from Britain on June 26, 1960. More than 35 member states of the United Nations including its Permanent Members and many members of the European Union immediately accorded diplomatic recognition to Somaliland. However, Somaliland voluntarily merged with Somalia on July 1st, 1960 that became independent of Italy. The two countries established then the Republic of Somalia. The hopeful union of the two countries had ended in ten year war (1981-1991) and the utter destruction of Somaliland (Eggers, 2007, Caspersen & Stansfield 2011, Milano 2006). Following the collapse of the Union, Somaliland’s political and traditional leaders with popular support decided in May 1991 to annul the Union and to reclaim the political independence of the country. And for the last twenty years, its hardworking people got engaged in a process of re-building the country; first community reconciliation and enhancing peace, repatriation of hundreds of refugees and displaced persons, the setting-up of democratic structures of government and rehabilitation of economic structure of the country. These democratic principles guarantee civil liberties, multi-party competition for elections and wide participation. For the last twenty years, Somaliland had stood the test of time. During this period, it conducted successfully periodic free and fair elections and its change of government was always characterized by Smooth transitions. At present, its economy is thriving with more and more exports to world markets (Eggers, 2007, James, 2004, Meijknecht 2001, Milano, 2006). In May 2001, an overwhelming majority of Somalilanders re-affirmed their support for the separation of Somaliland from Somalia in a constitutional referendum. As is known, self-determination as an important concept allows peoples and nations to have a role in international affairs and supports respect for their democratic choice, contrary to the old fashioned state-sovereignty approach in international dealings (Cassese, Antonio, international law, 2005). Somalilanders are determined more than ever to defend their hard-won independence (Daar, nd, Neff 2005, Schoiswohl 2004, Shaw 2003). Somaliland’s claim to self-determination and independence is further strengthened by the application of the principle of uti possedetis that is a general principle of international law which supports the maintenance of colonially inherited boundaries. It accepts the sanctity of the boundaries in Africa. Similar to other African countries including Egypt and Syria, Senegal and The Gambia, Eritrea and Ethiopia and so forth, Somaliland withdrew from that Union with Somalia which is in a state of anarchy. Somaliland’s declaration of independence is based on its earlier existence as a recognized state with demarcated borders, and is consistent with the Constitutive Act of the African Union. Somaliland’s independence is therefore not secession, but a return to sovereignty (Daar, nd, James, 2004, Milano, 2006). The de facto independent republic of Somaliland is overwhelmed with problems due to its unrecognized status. Somaliland has been independent since the ouster of former president Siad Barre and the onset of Somalia’s civil war in 1991. It conducts independently monitored local and national elections, recently enacted a new constitution, has a functioning police force and governs itself in a far more functional manner than Somalia. Secessionist Somaliland meets the legal criteria for Statehood in virtually every respect, but not recognized by any other State. The problems of unrecognized proto-States like Somaliland range from mundane to high politics. Even seemingly small bureaucratic arrangements between States can have large effects on the unrecognized (James, 2004, Meijknecht 2001, Milano, 2006, Herbst, 2000). Although the Republic of Somaliland unambiguously meets the legal standards for Statehood, so long as most of the States in international society are not willing to recognize its independence, Somaliland’s internal sovereignty means little for its external affairs. It cannot assert itself as a State any further than it already has. Yet it is not a full member of international society. It may be able to defend itself against outside invaders (like those from neighboring Puntland), but it has no legal standing upon which to do so under international law. For outsiders, Somaliland is simply one of many “tribal factions” in Somalia’s chaotic civil war. Finally, even maintaining Somaliland’s internal sovereignty is fraught with peril without external © 2022 Global Journals Volume XXII Issue V Version I 43 ( ) Global Journal of Human Social Science - Year 2022 F International Law and the Politics of Diplomatic Recognition of States and Government: Crtical Discuss