- Written by khalid
What was the status of Somali protectorate before British Rule?
Before the partition of Africa among the western colonial powers, Somali was the land inhabited by Somali clans with separate boundaries. After the occupation of British Somaliland these clans had entered separate agreements with the British as stated below:
- 1.Habar Awal – entered an agreement with the British in 1884 in Bulhar.
- 2.Issa and Gudabirsey – in 1884 in Zeila
- 3.Garhajis- 1885 in Adan.
- 4.Hababjlelo 1885 in Adan.
- 5.Warsengali 1886 Laskhoreh
- 6.Dholbahata had not entered any agreement with the British.
Warsengali agreement was different from the other agreements and was treated as a nation by having their Grant to have the authority upon this people while the British were supposed to assist the Warsengali clan in the area of education, justice, health, development of infrastructure and good governance.
In the early 20th century Sayid Mohammed Abdullah Hassan has engaged his struggle against the colonial power which was occupying the Somali territories. His struggle ended in January 1920, after which the sultan of Warsengali tried to exert his power to take over the Native power. The Sultan was deported to Seychelles for seven years in detention, after the British felt that the Sultan wanted to replace Sayid Mohammed Abdullah Hassan.
As the wind of freedom and aspirations of getting rid of colonial rule was blowing throughout Africa, the Somalis also started their struggle for independence. In 1958 the Somaliland protectorate clans demanded independence from Britain to unite with their Somalia brothers and sisters who were under the trusteeship of the United Nations, which was getting independence on 1st July 1960. The British had promised Somaliland to get independence on 26th June 1960 to join their brothers and sisters in south, the former Italian colony, as the process is stated below.
TERMINATION OF THE PROTECTION OF THE BRITISH ON SOMALILAND
Whereas the territories in Africa known as Somaliland protectorate are under our protection:
And whereas by treaty, grant, usage sufferance and other lawful means we have power and jurisdiction in the Somaliland Protectorate:
And whereas it is intended that the Somaliland Protectorate shall become an independent country on the twenty sixth day of June 1960 (herein after referred to as ‘the appointed day’).
Now, therefore, We do hereby, by and with the advice of our Privy Council, proclaim and declare that, as from the beginning of the appointed day, our protection over the territories known as Somaliland Protectorate shall cease, and all treaties and agreements in force immediately before the appointed day between Us or Our Government of the United kingdom of Great Britain and Northern Ireland and any of the Tribes of the said territories, all Our obligations existing immediately before that day towards the said territories and all functions, powers, rights, authority or jurisdiction exercisable by us immediately before that day in or in relation to the said territories by treaty, grant, usage, sufferance or otherwise, shall lapse.
Given at Our Court at Buckingham Palace this twenty third day of June in the year of our Lord one thousand nine hundred and sixty, and in the year of Our Reign.
God Save the Queen.
LAW OF UNION BETWEEN SOMALILAND AND SOMALIA, HARGESIA, 27 JUNE 1960
Whereas the State of Somaliland achieved its independence and ceased to be under British protection or within the jurisdiction sovereignty of Her Britannic Majesty on the 26th 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 Organization 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 Somali Republic.
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 Somali Republic.
(b) The capital of the Somali Republic shall be Mogadishu.
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 – herein after referred to as Northern Region) and secondly those presently existing territories which comprise the six regions of Mijertein, Mudugh, Hiran, Bendair, Upper Juba and Lower Juba all in Somalia (herein after 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 Somali Republic upon terms not less favorable 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;
CORRECTION OF INJUSTICE IN THE AREAS OF POWER SHARING AND DISTRIBUTION OF STATE WEALTH
To address the injustice that prevailed in Somalis administration is an inevitable to introduce mechanisms and legislation that can enhance fairness and justice in sharing state wealth and state management. This calls for decentralization of the state authorities and creating trust and confidence among the Somalis to rebuild the fragmented state of Somalia.
The Hargeisa administration had shown a remarkable development in the area of security, civil administration and holding elections at different levels of state hierarchy. We are all aware that the clans in the North are not in agreement to secede from Somalia and there is no legal ground that makes secession to happen without the approval of Somali people on referendum. The general solution is to address fairly and correctly all injustice and mistreatments.