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This article is written in response to some Somaliland politicians who are against somaliland talks with the Somali federal government. The same is explain these opposition the relationship between somaliland and the international law since the later has direct effect with our search for diplomatic recognition from the International community. To begin with every member state from the international community is subject to observe the international law and Somaliland being a member from the world family, likewise obliged to observe the international, otherwise we will not able dealing with the international community that we would like to acquire them diplomatic as the international law is bridge that connects us with the family world. The world is not a place whereby everyone country has excess to do anything they prefer to act upon. Even in our normal life if two parts enters a partnership agreement, they need to make terms of their agreement that binds them together.Therefore, if two persons require binding agreement with regard their business relationship, what do you expect a country that would like to split another country. Certainly the international law is mandatory for both parties willing to negotiate in an effort to split into two entities.
International law is a set of rules binding all nations and international organizations like the united nation, international court of justice. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations and every member of the world’s 193 countries is obliged to honour the set of rules recited in the international law. The Charter of the United Nations, in its preface the set of objectives to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. Its domain encompasses a wide range of issues of international concern such as human rights, disarmament, international crime, refugees, migration, problems of nationality, and the treatment of prisoners, the use of force, and the conduct of war, among others.
It also regulates the global commons, such as the environment, sustainable development, international waters, outer space, global communications and world trade. international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters (i.e. the United Nations Charter); protocols; tribunals; memorandums; legal precedents of the International Court of Justice ( World Court) etc.There are national laws and international agreements which has direct or indirect link on each other, With regards the talks between Somaliland and the Somali federal government, it is the international law that necessitated talking to them since the international community leading by the United Nations recognize them. Even though, the Somali federal government did not much influence over its territory, however this weak government is recognized by the international community and therefore, there is no other means we acquire international community and had it be possible to obtain without taking the Somali government, I would have been diplomatically recognized long ago.
All the countries that split from other countries like south Sudan, Eretria and east Timor had conducted a negotiation with the countries with the countries like Sudan, Ethiopia and Indonesia that paved the way for those countries to split legally from the countries which they have originally had union with them. There are countries that dissolute by itself like Russia, Yugoslavia and Czechoslovakia. The leadership of these countries had agreed in principle to split into various countries. For example Czechoslovakia split into Czech Republic and Slovakia. The post-Soviet states, also collectively known as the former Soviet Union or former Soviet Republics, are the 15 independent states that emerged states from the union of the soviet socialist republic in December 1991, with Russia internationally recognised as a successor state to the Soviet Union. On March 11, 1990 Lithuania was first to declare its independence, with Estonia and Latvia following suit in August 1991. All three Baltic States claimed continuity from the original states which existed prior to their annexation by the Soviet Union. The remaining 12 republics all subsequently seceded.
Yugoslavia was set up as a federation of six republics which are Slovenia, Croatia, Bosnia and Herzegovina, and Serbia, Montenegro and Macedonia. Kosovo is partly recognize and Serbia does recognise the Republic’s governance of the territory, it still continues to claim it as its own autonomous province of Kosovo and Methohija . The countries that listed above which split from other countries are either negotiated with the countries that they split from or the one country like soviet union dissolute by its self to form many countries. Some Somaliland personalities take as an example Egypt and Syria. But these personalities lacks the realities that these two countries made union when of them are independent states having diplomatic recognition from the international community. These two countries make union while both of them are independent states and split as per wish while again of them remain as independent states. This is option as well did not suit us. We as Somaliland did not qualify either options and therefore, we have no choice other than negating directly with the Somali federal government since we have been obliged by the international community in an effort to inquire diplomatic recognition. Therefore I am hereby informing the Somaliland politicians who are against Somaliland talks with the Somali federal government to gain the knowledge of the international law, as there is no other alternative other than this to lead us acquire diplomatic recognition. I did not ruled out miracles which are impossible according to normal human mentality.
In reality these politicians criticise the government without even 5 % of reality. The objectives of constructive criticism is to see a change for the better the issue criticized, but when someone criticizes another person but cannot pinpoint what is actually wrong; this can be considered unhelpful and negative. Criticism is justified when one has done something wrong or behaved badly. But it is unjustified when someone merely picks on another person for no evidence, or out of personal pique, then it is unacceptable. In many occasions, some of our political oppositions derive pleasure from criticizing others due to jealousy of someone in a better position vis-à-vis education, power or influence. The critic may not have a clue about the problem or may have his own blinkered view of it. Many things may not be acceptable to him because of his lack of knowledge. It is wrong to believe criticising someone without evidence may gain for you popularity, but is always counterproductive as the day whereby someone can mislead the people cease not to exist.
Therefore lets us always stick common sense while making press realises. Common-sense is part of the home-made ideology of those who have been deprived of fundamental learning; of those who have been kept uninformed. Common sense is judgment without reflection, shared by an entire class, an entire nation, or the entire human race.Common sense is better than genius, and hence its bestowment is more universal.Common sense is the measure of the possible; it is composed of experience and prevision; it is calculation applied to life. Last, but not the lease, let us equip at all the time the tools of the common sense as it the last references for any issue. Finally, common sense is the foundation of all authorities and the laws themselves. In the event the Somali government preaches the agreement that they signed with Somaliland, it is the international law that binds the Somali government to honour the agreement. In here Somaliland is the direct beneficiary of the international law. With regard the negation period with the Somali government, the process started February 1212 and in the event anyone believe that the process will take a very short time, then that person has to revise his calculations since lot of hurdles involves the process. Good example is south Sudan. On January 1, 1956, Sudan gained independence from the Anglo-Egyptian Condominium, the joint British and Egyptian government that administrated Sudan.. The 1956 constitution did not address two crucial issues that continue to incite conflict.
In the first civil war, from 1955 to 1972, southern insurgents fought against for greater autonomy. In 1969, the rebels controlled most of the southern Sudan. In 1971 the rebel group integrated into the Southern Sudan Liberation Movement, or SSLM the precursor to today’s Sudan People’s Liberation Movement/Army, or SPLM/A. The war ended with the 1972 Addis Ababa Agreement between SSLM and GOS, which granted significant regional autonomy to southern Sudan on internal issues, and also, located on the north-south border, the right to hold a referendum to determine whether they would remain a part of northern Sudan or join the newly formed Southern Region. The second civil war erupted in 1983 when President Jaafar Nimeiri introduced Sharia Law and reneged on the Addis Ababa Agreement’s provisions for a referendum in Abyei. The SPLM/A fought against GOS until 1989, when the parties reached a peace agreement and suspended Sharia However, on June 30, 1989 a military coup led by Omar Al-Bashir overthrew the Sudanese government and repudiated the peace government. Through the 1990s, attempts to draft peace agreements saw varying degrees of success, but the splintered nature of the conflict and large region posed a constant problem example, 1997’s. Movement included Khartoum, Nuba Mountains, and Fashoda agreements, but ended when the government clashed with other uninvolved rebel factions. The second civil war came to an end with the signing of the Comprehensive Peace Agreement.
In June 2002, the SPLM and the Sudanese government began negotiations to end Sudan’s second civil war. Those negotiations culminated in the January 9, 2005 signing of the CPA. The CPA itself is comprised of six protocols concluded between 2002 and 2005. These six protocols provide for, among other things, the following. A six-year Interim Period, at the end of which, the people of southern Sudan were given the right to vote in a self-determination referendum to decide whether to remain united with Sudan or to secede. A cessation of hostilities between the SPLA and the SAF, and the maintenance of SPLA forces in the south and SAF forces in the north. The establishment of a secular, semi-autonomous Southern Sudan with its own executive. legislative and judicial institutions. Power sharing arrangements between Sudan’s two major political parties, the SPLM and NCP as well as smaller parties, at the national and Southern Sudan levels of government. Wealth sharing arrangements whereby, among other things, profits from oil extracted in southern Sudan were split 50-50 between the national and southern Sudan levels of government.
Democratic elections to occur during the Interim Period. The establishment of a special administrative status for the disputed Abyei area, as well as a referendum for the “residents” of Abyei, to be carried out at the same time as the Southern Sudan referendum. Sudan referendum on January 9, 2011. Six months later on July 9, 2011, the Interim Period came to end the world’s newest nation born. At last people in South Sudan have celebrated in the capital Juba and elsewhere to mark the country’s first year as an independent nation and Somaliland was one of the countries invited for the celebration event as a large Somaliland delegation leading by president Silanyo attended the celebration occasion..Taken above into consideration, the process to split legally from is not simple as many have in mind. Therefore, let us fasten ours seats as there lot turbulences ahead till we reach safely to our destination which is to acquire legal diplomatic recognition from the international community. lastly, Somaliland politicians who are against Somaliland talks with the Somali federal government are not in possession of the facts about the international law, which is the only means that Somaliland could acquire diplomatic recognition from the word family of nations. The issue that Somali federal government is weak is irrelevant and speaking badly via our media did produce any tangible benefits to us but rather deteriorates our existing relationship with them. However, in the event they speak against us, then let only our government respond to them being officially represents us. In the event anyone other than the government speak against them on our media, then the Somali weak government will not pay any attention for such accusations
Ismail lugweyne.
