By David H. Shinn

Adjunct Professor, Elliott School of International Affairs
The George Washington University

Remarks Made on Occasion of the Somaliland Convention Los Angeles, California, June 24, 2005

Distinguished participants and guests.

I wish to thank the organizers of this conference for inviting me to make remarks on “Somaliland and U.S. Policy.” As most of you know, I am no longer with the U.S. government and, therefore, do not speak for it. On the other hand, I have a long interest in Somalia and Somaliland and have tried to be a friend to Somalis wherever they might live both while serving in the government and now as a private citizen. My involvement with the subject dates back to the early 1960s when I wrote a Master’s thesis on the Pan Somali movement. By the end of the 1960s, I was the desk officer for Somalia in the State Department. I returned to Somali affairs in the early 1990s as the State Department coordinator for Somalia when the U.S. sent troops to Somalia to help end the famine and during the UN Mission to Somalia. Subsequently, I served as the State Department’s director of East African Affairs, the office that includes Somalia. The Pan Somali movement seems far removed from today’s political situation in the Horn of Africa. Nevertheless, developments in the region over the last fifteen years have not diminished my interest in the well being of Somalis everywhere.

I approach U.S. policy towards the region as a realist and believe that it is essential to engage with the political and economic reality on the ground. From my American perspective, the U.S. needs to take steps to shape that reality in a way that advances U.S. goals and interests. In this case, the reality is Somaliland and the challenge for the U.S. is to develop a policy that takes account of the reality of Somaliland while not alienating permanently Somalis living in other parts of the Horn of Africa. This is not an easy task and raises some bold choices.

The issue of Somaliland independence is a priority for many of you attending this convention. From a Somalilander’s perspective, I understand the emphasis given to this objective. From the standpoint of U.S. policy, however, I believe the matter is perceived somewhat differently. There is considerable sympathy for what Somaliland has achieved by way of internal stability, free elections, and the initiation of a democratic system of government. But the U.S. and Western countries tend to defer to the African Union when issues concerning boundary change or sovereignty arise in Africa. It is highly unlikely that the U.S. would move to recognize Somaliland before the African Union did so or, at a minimum, several key African states opted to do so. There is the added problem that U.S. involvement in Somalia in 1992-1994 left an unfavorable legacy in the collective mind of the American public. The one lingering memory for most Americans was the battle in Mogadishu on October 3, 1993 that was popularized by the book and movie Black Hawk Down. The fact that American and UN troops were never in Somaliland and that the intervention had nothing to do with Somaliland are, unfortunately, not understood by the vast majority of Americans. For them, it is all Somalia and the experience was a bad one. Although persons in foreign policy making positions know better, they, too, have been impacted negatively by the experience of Somalia and have shown little interest in advocating a more proactive policy.

So where does this leave Somaliland and relations with the U.S.? American development assistance, excluding food aid, to Somalia and Somaliland has trended steadily downwards since the U.S. left Somalia in 1994. Non food assistance to both entities, most of which actually goes to Somaliland, totaled about $4.5 million in FY 2002, $3.4 million in FY 2003, and just under $1 million in FY 2004. The initial request for FY 2005 was under $1 million. An unexpected funding increase in FY 2005 will raise the total above $5 million, but the level is scheduled to drop back in FY 2006 to $1.2 million. USAID’s current program for Somalia/Somaliland is focused on support for civil society, reconciliation, education, humanitarian assistance, and food aid, which is not included in the above figures. It is past due to increase the amount of development assistance going to both Somalia and Somaliland.

One of the problems in administering an assistance program is the absence of any U.S. government personnel in either Mogadishu or Hargeisa. The security situation still does not permit an American presence in Mogadishu, but this does not hold true for Hargeisa. In testimony on February 6, 2002, before the Subcommittee on African Affairs of the Senate Committee on Foreign Relations I argued that “it is time to locate a larger international assistance presence and to establish a small American office in Hargeisa.” I suggested that creation of the office, which would not constitute diplomatic recognition of Somaliland, should focus on the provision of assistance and sharing of information on terrorism. As you are aware, the U.S. did not act on this suggestion. I continue to believe, however, that it is the right step to take.

The key to Somaliland’s recognition remains with the African Union. This is a political, not a legal problem. The original charter of the Organization of African Unity (OAU) contains no explicit reference to borders although it does underscore respect for the sovereignty and territorial integrity of member states. The second OAU summit in Cairo in 1964 passed a resolution that contained the following language in the preamble: “the borders of African States, on the date of their independence, constitute a tangible reality.” Even more significant for Somaliland, Article 4 of the Constitutive Act of the African Union signed on June 12, 2000, in Lome, Togo, states that the African Union shall function in accordance with the following principle: “respect of borders existing on achievement of independence.” On the basis of its brief independence from June 26 until July 1, 1960, Somaliland meets the definition contained in the resolution passed in Cairo in 1964 and the Constitutive Act of the African Union signed in 2000.

Somaliland has tried on different occasions to convince the African Union at the political level to accept its independent status. For a number of reasons, it has not succeeded. I suspect that a major obstacle in overcoming African Union reluctance are the conflicting claims to parts of Sool and Sanaag regions by both Somaliland and Puntland. Although the area clearly falls within former British Somaliland and both regions were part of Somaliland’s brief independence in 1960, the Harti clan ties of many persons living in Sool and Sanaag are linked to Somalis residing in Puntland. Until this issue can be resolved, it will be difficult to persuade the African Union to accept the recognition of Somaliland. It would seem, therefore, that more energy should be devoted to ending this dispute. I understand that several months ago traditional leaders from Sool welcomed a suggestion by the speaker of the House of Elders in Hargeisa that traditional leaders from both sides sit down in an effort to end the hostility. I don’t know if anything came of this idea, but this could be a good way to start a process of dialogue.

An organization that may be in a position to help resolve differences with Puntland is the Coalition for Justice and Peace in Somaliland. It brings together organizations and individuals that share a common interest in promoting justice, peace, human rights, the culture of dialogue, and the establishment of democratic institutions in Somaliland. It has appealed to the government of Somaliland and the administration of Puntland to:

--Put an immediate end to hostilities and the spread of hostility by word and deed;

--Forbid the movement of armies and any form of military action, whatever the nature of it;

--Make a concerted effort to search for a political solution that will terminate the conflict; and

--Stop the propaganda and the dissemination of hatred based on clan affiliation and clan animosity.

In my view, this is the kind of program that could lead to a solution of differences with Puntland and, as a result, remove an important obstacle to recognition.

Returning to my original point, it is essential to continue discussions with the African Union. An African Union fact finding delegation led by deputy chairman Patrick Mazimhaka, a Rwandan for whom I have a very high regard, visited Somaliland in May 2005. I don’t know the results of this AU mission, but this kind of interaction should help to establish the bona fides of Somaliland. The more contact there is with the African Union, the greater will be the mutual understanding. Another organization that merits special attention is the Arab League, which has also sent representatives to Somaliland. It would be useful to invite additional members of both organizations and representatives of their member governments to visit Somaliland.

There are other measures that Somaliland can take to strengthen its position vis-ŕ-vis the U.S., the West and the African Union. National elections in 2003 were an important step in reassuring the outside world that Somaliland has chosen a democratic future. But democracy is an ongoing process that must constantly be reaffirmed. Elections need to take place on schedule and be at least as transparent as the one that occurred in 2003. It is important to strengthen democratic institutions and assure they operate for the benefit of all Somalilanders and not just the members of the ruling party.

Equally important, a good record on human rights will be noted by the rest of the world and send a powerful message. On the contrary, any human rights problems will detract from Somaliland’s otherwise good reputation. Somaliland’s constitution guarantees freedom of association, freedom of expression, and freedom of the press. Any retreat from these principles will raise serious questions outside Somaliland about its worthiness of recognition. To some extent, a double standard is at work. Many nations around the world that are now members of the international community violate basic human rights. Because Somaliland is trying to join that club, there will be higher expectations for its human rights record. I can not stress too strongly the good will that Somaliland can create by following the constitution in both letter and in spirit, developing truly democratic institutions, and establishing an outstanding human rights record. This includes the flourishing of civil society organizations that can help expand democracy and work with the government to resolve conflicts such as the one with Puntland.

Somaliland is off to a good beginning, but building a democratic government from the ground up is a formidable and never ending task. Gaining international recognition for the effort is equally challenging. I wish all of you every success as you work to make life better for all Somalilanders.