Somaliland is a self-governing entity in the Horn of Africa with an independent government, democratic elections, and a distinct history. However, its statehood is not internationally recognized, hence the use of inverted commas when referring to it as a “State.” It stands as one of the few unilaterally declared independent entities in Africa, akin to Nigeria’s Biafra and Morocco’s Western Sahara. Somaliland is an autonomous region in northern Somalia that declared its independence from Somalia in 1991, yet the international community continues to recognize it as part of Somalia (Ker-Lindsay, James, The Foreign Policy of Counter-Secession: Preventing the Recognition of Contested States, 2012, p. 58-59).
Over the years, Somaliland has fought for and advocated its independence through various diplomatic efforts. It has its own capital city (Hargeisa), military, currency (the Somaliland shilling), and constitution. Since 1991, Somaliland has been governed by democratically elected governments that seek international recognition as the Republic of Somaliland. As expressed in the preamble of its constitution, the people of Somaliland, having suffered under a dictatorship and a policy of divide-and-rule for over twenty years, proclaim their commitment to a new, democratic future:
“Having experienced the devastation wrought by a regime based on dictatorship and a policy of divide and rule to which the country was subjected for over twenty years, and ever vigilant of the return of such a regime… The people of Somaliland hereby approve and proclaim to the whole world on this 31st May 2001, that this constitution has been adopted as the nation’s Constitution.”
Additionally, Somaliland maintains relations with some foreign governments, both within the region and globally. It is a member of the Unrepresented Nations and Peoples Organization (UNPO), an international body that advocates for the rights of unrepresented and marginalized peoples worldwide. Proponents of Somaliland’s independence argue that the region’s cultural and ethnic distinctiveness strengthens its claim, as highlighted by Dominik Balthasar’s State-making in Somalia and Somaliland: Understanding War, Nationalism, and State Trajectories as Processes of Institutional and Socio-Cognitive Standardization (2012). Somaliland also has its own currency, military, passports, and conducts elections that have been praised by international partners, such as the European Union (Claire Felter, “Somaliland: The Horn of Africa’s Breakaway State”).
Despite these democratic advances, human rights organizations like Amnesty International have criticized Somaliland for issues such as the persistence of the death penalty, controversial detentions (especially the mass detention of journalists), and its hostile stance toward freedom of expression. A 2017 publication by the Committee to Protect Journalists (CPJ) reported that journalists critical of the government or advocating for reunification with Somalia were regularly detained. In recent years, several journalists have faced detention for covering politically sensitive events, such as a 2022 prison riot in Hargeisa. These actions reflect an ongoing trend of press repression since the government of President Abdi-Rahman Ahmed Ali Tuur first arrested and imprisoned editors of six daily newspapers in 1991.
The recurring arrests of journalists raise concerns about the Somaliland government’s commitment to protecting press freedom and ensuring the rights outlined in its constitution, the African Charter on Human and Peoples’ Rights (the African Charter), and other international human rights treaties. For example, in April 2022, 14 journalists were arrested without due process following their coverage of a prison riot. This incident was described by many as unprecedented in recent years. Despite the relatively stable atmosphere in Somaliland compared to Somalia, rights groups continue to accuse the authorities of harassing journalists, with Somaliland being particularly noted for its suppression of press freedom.
In 2021, 12 of the 34 journalists arbitrarily arrested in Somalia were detained in Somaliland. Reporters Without Borders (RSF) has urged Somali authorities to honor their pledge to impose a moratorium on the detention of journalists, a call supported by the European Parliament in 2021.
THE AFRICAN CHARTER AND UNLAWFUL DETENTION
In its bid for international recognition, Somaliland must uphold the human rights standards set by international treaties, particularly the African Charter. The unlawful detention of journalists constitutes a severe violation of fundamental human rights, including the right to dignity and security under Article 6 of the African Charter. There have been multiple violations of various articles of the African Charter, including Articles 1, 2, 3, 4, 5, 9, and 11.
To gain recognition by the African Union and succeed in its claim to self-determination under Article 20 of the African Charter, Somaliland must establish a record of respecting and protecting the human rights of its citizens, particularly those in the media. Article 20 of the African Charter asserts:
“All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.”
The African Commission on Human and Peoples’ Rights has affirmed that freedom of expression is a fundamental human right that states are obligated to protect. In Communications 140/94-141/94-145/95- Constitutional Rights Project, Civil Liberties Organisation and Media Rights Agenda v. Nigeria (1999), the Commission emphasized that any restriction on this right must be proportional, ensuring it does not render the right illusory. The rule of law cannot be realized if freedom of expression is unduly restricted. In Umuhoza v. Rwanda (2017), the Commission further held that the right to freedom of expression must be protected from both government and private interference.
CONCLUSION
Somaliland’s documented human rights violations, particularly against journalists, undermine its claim to self-determination and hinder its path to international recognition. The right to freedom of expression is a cornerstone of democracy, and journalists play a vital role in ensuring that the public is informed. Any democratic state must allow its citizens, particularly journalists, to operate without fear of arrest or unlawful detention. Until Somaliland improves its human rights record, especially regarding freedom of expression, its efforts to achieve international recognition may be significantly hampered.
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