SOMALILAND & SOMALIA:
THE 1960 ACT OF UNION – An early lesson for Somaliland
LAW OF UNION BETWEEN SOMALILAND AND
Commentary:
Prior to attaining independence
on 26 June 1960, Somaliland was very much interested in pursuing the dream of a
Greater Somali State encompassing all the five territories inhabited by people
of Somali ethnic origin. After
discussions in 1960, Representatives of Somaliland and Somalia agreed that an
Act of Union will be signed by both states on independence and that this
document will be in the nature of an international agreement between the two
states. The Legislative Assembly of the
independent STATE OF
What happened instead was
that on the morning 1st July 1960, the members of the Somaliland
Legislative and those of the Somalia Legislative met in a joint session and the
Constitution which was drafted in Somalia was accepted on the basis of an
acclamation, with no discussion, and a Provisional President was
elected. This step was taken whilst relying on an additional clause inserted on
18 June 1960 in the draft Constitution to the effect that
“immediately after the signing the Act of Union of the
two
Presaging what was to happen again and
again in the relationship between Somaliland and Somalia, the newly elected
Provisional President than issued on the same day a decree law aiming to
formalise the union, but even that was never converted into Law as presidential
decree laws always required to be presented
to the National Assembly for conversion into Law under Article 63(3) of
the new Constitution within five days of their publication, otherwise they
“shall cease to have effect ab initio” i.e from their date of issue. In any case, the reality was that there were
two different versions of the same “law”.
Thus, although the clear plan and
agreement between Somaliland and Somalia was that the same Act of Union will be
signed by both states, the legal formalities, as agreed, were not completed
properly and, according to Contini,
“
the Union of Somaliland and
Cotran
[(1968)12 ICLQ 1010] comments that the legal validity of the legislative
instruments establishing the union were “questionable”
and he summarises the reasons as follows:
“a)
The Union of Somaliland and Somalia Law, and the Somalia Act of Union were both
drafted in the form of bilateral agreements, but neither of them was signed by
the representatives of the two territories.
b) The Union of Somaliland
and
c) The
d)
The decree law of July 1, 1960, did not come into effect since it was not
converted into law in accordance with
the Constitution.”
It was only on 18 January 1961 when a new Act of
This was a clear indication that
Somaliland was an independent state with a Government of its own, however short
that period was, and under Article 11(4) of the 1961 Act of Union, it was again
confirmed that
“all rights lawfully vested in or obligations
lawfully incurred by the independent
Governments of Somaliland and Somalia … shall be deemed to have been
transferred to and accepted by the Somali Republic upon its establishment”.
What this confirms again is that there
was a union of two states, but more importantly, that Somaliland was an
independent state before the union and has entered into treaties with
Finally, no one is contesting
that the independent State of Somaliland and its people sought to unite with
Somalia on 1 July 1960, and Somalilanders are still counting the cost of that
precipitate decision. But the issue is that the way the legal formalities of
this voluntary union were dealt with and how the Constitution was
drafted for Somalia (and not Somaliland) were early harbingers of the tragedy
that was to follow, because even the Act of Union formula of a Republic
Legislative consisting of the Somaliland Legislative Assembly (of 33) and
Somalia’s Legislative Assembly (of 90) was jettisoned a few years later.
LAW OF UNION BETWEEN SOMALILAND AND
SOMALIA: Law No: 1 of 1960 - Passed by the Independent State of
Somaliland Legislature on 27 JUNE 1960
Whereas the State of Somaliland achieved independence and
ceased to be under British protection or within the jurisdiction and sovereignty
of Her Britannic Majesty on the 26th day of June, 1960, being Muharram
1st 1379, and Whereas the State of Somalia achieved its independence and
ceased to have the status of a Trust Territory of the United Nations
Organisation administered by the Republic of Italy on the 1st day of
July, 1960, being Muharram 6th 1379, and Whereas it is the will of
the peoples of Somaliland and Somalia that their States shall unite and
shall forever be united in the
Now we the signatories hereof being the duly authorized
representatives of the peoples of Somaliland and Somalia and having
vested in us the power to make and enter into this Law of Union on behalf of
our respective States and peoples do hereby solemnly and in the name of God the
Compassionate and Merciful agree as follows:
1.
(a) 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.
(b) The Capital of the
2.
Subject
to the express provisions of this Act of Union the Union hereby constituted
shall be upon the following conditions:
(1) That the component
administrative units of the government of the Somali Republic until more
suitable administrative arrangements are made, shall be firstly the region
comprising the territories contained in the boundaries of the presently
existing State of Somaliland
[hereinafter referred to as the Northern Region] and secondly those
presently existing territories which comprise the six Regions of Mijertein,
Mudugh, Hiran, Benadir, Upper Juba and Lower Juba all in
Somalia (hereinafter collectively referred to as the second-named Regions).
(2) That the existing laws
presently in force in the Northern Region and in the second-named Regions
respectively shall remain in full force and effect within the respective
territories where the same presently apply and shall not have force or
effect beyond those respective territories where the same presently apply.
(3) That all persons now serving
the Somaliland Government in the Northern Region and the Government of Somalia
in the second-named Regions respectively shall continue to serve the
Government of the Somali Republic upon terms not less favourable than
those at present applicable to them.
(4) That the Courts as presently
constituted in the aforesaid Northern Region and the aforesaid second-named
Regions shall continue to exercise within their respective territories the
jurisdiction which is conferred upon them by presently existing law and
shall be Courts of the Somali nation;
(5) That all rights and obligations
vested or accruing, whether public or private (including any status of
legal personality acquired under law by corporate or non-corporate bodies)
shall continue to subsist in accordance with sub-clause (2) hereof, be
recognised and enforced by the Courts of the Somali Republic referred to in
sub-clause (4) hereof and by the Government
in the Somali Republic.
(6) That in the
3.
(1) All persons who upon the date of this
Union possess the citizenship of Somaliland and
(2) All persons who hereafter
would, but for this Union, have become citizens of Somaliland or
4.
The
Head of State of the Somali Republic shall be the President of the Republic
chosen in accordance with the provisions of the Constitution referred to in
Article 7 hereof.
5.
The
Executive Authority of the Somali Republic shall be vested in the Council of
Ministers appointed in accordance with the provisions of the Constitution
referred to in Article 7 hereof and shall be exercised as therein provided.
6.
The
legislative power of the Somali Republic shall be vested in the National
Assembly constituted in accordance with the provisions of the
Constitution referred to in Article 7 hereof and shall be exercised as therein
provided.
7.
The
Constitution of the Somali Republic shall be the Constitution of the State of
Somalia with such adaptations as may be necessary to bring it into conformity
with this Act of Union but notwithstanding the provisions thereof relating to
amendment, no amendment of that Constitution shall derogate from the conditions
of Union set forth in clause 2 hereof unless made in accordance with the
procedure and provisions set forth in clause 10 hereof.
8.
(1) Upon this Act being made the presently
subsisting Legislative Assemblies of Somaliland and
(2) The
existing President or Vice-President of the Legislative
Assembly of Somalia shall preside over the National Assembly of the
(3)
The members of the Council of
Ministers after being appointed in accordance with the Constitution shall each
make an oath of allegiance to the
9.
(1) Notwithstanding anything in clause 2
hereof, the citizens of the
(2) Notwithstanding
anything in clause 2 hereof there shall be no customs, excise or other tax
imposed upon the movement of goods (including animals) between any parts
of the territory of the
(3) Until
unification of customs tariffs is achieved, goods imported from foreign
countries, land moving from the Northern Region to the second-named Regions and
vice versa shall be subject to the customs laws at present in force: in the
Northern Region and the second-named Regions.
10.
(1) There shall he established a Special
Commission the members of which shall be persons who were immediately
prior to this Act of Union either members of the Legislative Assembly of
Somalia or members of the Legislative Assembly of Somaliland together with a Chairmen
being a member of the National Assembly a pointed by the members of
the Commission.
(2) The members of the Special
Commission (other than the Chairman) shall be appointed by the President of the
Somali Republic acting on the advice of the Council of Ministers and shall
consist of an equal number of former members of the Legislative Assembly of
Somalia and former members of the legislative Assembly of Somaliland.
(3) The
Special Commission shall examine into and make recommendations (which in the
event of the Commission not being unanimous shall be the recommendations of a
majority of its members to which a minority report shall be attached) as to the
provisions to be made from time to time by law for the purpose of establishing
uniformity between the laws, institutions, public services and social
services presently existing in the regions referred to in clause 2 (1) hereof.
(4) The Special Commission shall
for the aforesaid purposes be empowered to establish sub-commissions or
committees, the members whereof may include other persons, and to engage
or call for assistance from any person by way of advice or otherwise.
(5)
A Special Commission shall from
time to time report to the Council of Ministers as to its recommendations
under sub-clause (3) of this Clause and the Council of Ministers shall
thereupon with all reasonable dispatch lay such report before the National
Assembly together with the proposed legislation to be made to give effect
thereto.
(6) The National Assembly shall
thereupon decide by a majority of the members thereof present and voting
upon such proposed legislation whether the same shall be enacted.
(7) Upon the National Assembly so
deciding then the President shall assent to such legislation and upon the same
coming into operation any condition set forth in clause 2 hereof shall so far
as it is inconsistent with such legislation be abrogated.
(8)
The Special Commission may with the
approval of the Council of Ministers make rules regulating its procedure
and
providing for the duration of the appointments of its members, the
remuneration of any persons whose participation or assistance is called
for under sub-clause (3) hereof, the filling of vacancies in membership and all
other matters as may be required for the performance of the
functions conferred upon the Special Commission by this clause: Provided
that if the Special Commission fails to make rules under this sub-clause in
accordance with a request made to it by the Council of Ministers, the Council
of Ministers may make the said rules.
(9)
Any rules made under sub-clause (8)
may be added to, amended or revoked in the same manner.
11.
(1) Any property (including any rights
arising from contracts or otherwise) that is immediately before this Act
of Union vested in the Government of Somaliland or in the State of Somalia
shall upon this Act being made vest in the Somali Republic or In any such
person or authority on behalf of the Somali Republic as the Council of
Ministers may direct.
(2) Any liabilities or obligation
(whether arising from contract or otherwise) incurred by the Government of
Somaliland or by the State of Somalia and subsisting immediately before this
Act of Union shall upon this Act of Union being made be a liability or obligation
of the Somali Republic or of such person or authority on behalf of the
Somali Republic as the Council of Ministers may direct.
(3) For
the purposes of the preceding sub-clause, any property which immediately before
the making of this Act of Union was vested in, or any liability or obligation
which at that time had been incurred by, any person or authority on behalf
of the Government of Somaliland the State of Somalia shall be
deemed to be property vested in or a liability or obligation incurred by the
respective Government or State.
(4)
Without derogation from the
foregoing provisions of this Clause the rights and obligations arising
from agreements entered into - between the Government of Somaliland and
the Government of the United Kingdom of Great Britain and Northern Ireland
and between the Government of Somalia and the Government of Italy and other
States and International Organisations which are set out in the Schedule (2) to
this Act shall be binding upon the Somali Republic.
12.
(1) For the time being the provision
subsisting immediately before the making of this Act of Union for the
expenditure of public monies of the Somali Republic hereby constituted
within and upon the Northern Region and the second-named Regions shall as far
as practicable continue to the intent that those monies which have been
authorised to be expended within and upon the respective Northern Region and
second- named Regions shall continue to be expended upon the public service and
upon the development and welfare and in the service of the said Northern
Region and the second- named Regions and the inhabitants thereof
respectively.
(2) For the time being the
presently subsisting provision for the expenditure of public monies (including
such monies as may be provided by way of assistance from foreign States)
upon the development and welfare of the aforesaid Northern Region and
second-named Regions and the inhabitants thereof respectively shall as far as
practicable continue to the intent that those schemes of development and
welfare which are now current shall be completed and that those schemes of
development and welfare which have been planned shall be proceeded with within
the respective Northern Region and second-named Regions hereinbefore referred to
and for the benefit of their respective inhabitants.
(3)
The Supreme Court of the
now constituted and which will continue to subsist in the aforesaid Northern
Region.