The Colony That Rejected Freedom – Somaliland
Abdulazez Al-Motairi
July 01, 2009
independent last Sunday. And on Friday, after four days of freedom, this British outpost will surrender its sovereignty and merge with Somalia…Now it has become an area of historical significance. And the reason is that its merger with Somalia is unique, as Somalia itself is not yet free."
Here, I republish some of agreements between independent and recognized Government of Somaliland and Government of England. Somaliland´s first cabinet signed the agreements for Somaliland:
http://untreaty.un.org/unts/1_60000/11/5/00020248.pdf
No. 5348
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
SOMALILAND
Agreement regarding interim arrangements in respect of
the Somaliland Scouts. Signed at Hargeisa, on 26 June
1960
Official text : English.
Registered by the United Kingdom of Great Britain and Northern Ireland on
13 September 1960.
ROYAUME-UNI DE GRANDE-BRETAGNE
ET D'IRLANDE DU NORD
et
SOMALIE
Accord relatif à des arrangements provisoires concernant
les Somaliland Scouts. Signé à Hargeisa, le 26 juin 1960
Texte officiel anglais.
Enregistr par le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord le
13 septembre 1960.
348 United Nations — Treaty Series 1960
No. 5348. AGREEMENT * BETWEEN THE GOVERNMENT OF
THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF
SOMALILAND REGARDING INTERIM ARRANGEMENTS
IN RESPECT OF THE SOMALILAND SCOUTS. SIGNED
AT HARGEISA, ON 26 JUNE 1960
The Government of the United Kingdom of Great Britain and Northern Ireland
and the Government of Somaliland ;
Considering that the Government of Somaliland have informed the Government
of the United Kingdom that the Somaliland Scouts as maintained and governed under
existing legislation shall continue in being for an interim period of six months follo
wing the attainment of independence by Somaliland and that they are willing to
provide funds within present limits for this purpose, and that the Government of
Somaliland have requested the Government of the United Kingdom to provide cer
tain United Kingdom military personnel to be seconded for service with the Somali
land Scouts during this interim period ;
Considering that the Government of the United Kingdom have indicated their
willingness to make such personnel available, subject to the conditions hereinafter
specified, as part of their general assistance to Somaliland in the interim period of
six months following independence ;
Have agreed as follows :
Article I
In this Agreement :
(a) "United Kingdom military personnel" means commissioned officers, warrant
officers and non-commissioned officers of Her Britannic Majesty's Armed Forces,
seconded for service with the Somaliland Scouts under this Agreement ;
(b) "conditions of service" means the laws, rules, regulations, orders and other in
struments that regulate the terms of service of United Kingdom military person
nel including, without prejudice to the generality of the foregoing, provision
relating to their tenure of office, transfer, promotion, disciplinary control, salary
(including salary scales), pension, compensation allowances, quarters, leave and
passages.
1 Came into force on 26 June 1960 by signature, in accordance with article X.
350 United Nations — Treaty Series 1960
Article II
(1) The Government of the United Kingdom shall at the request of the Govern
ment of Somaliland and subject to the agreement of the personnel concerned, second
commissioned officers, warrant officers and non-commissioned officers of Her Britannic
Majesty's Armed Forces for service with the Somaliland Scouts, within the present
establishment, during an interim period not exceeding six months from the coming
into force of this Agreement.
(2) During the period of six months from the coming into force of this Agree
ment the Commander of the Somaliland Scouts shall be the senior British officer
seconded for service with the Somaliland Scouts under this Agreement.
Article III
(1) The conditions of service of United Kingdom military personnel shall be
similar to and not less favourable than those which were applicable immediately
before the coming into force of this Agreement.
(2) The emoluments of such personnel shall be paid by the Government of the
United Kingdom, on behalf of the Government of Somaliland.
(3) The Government of the United Kingdom shall account to the Government
of Somaliland for all payments made under this Agreement.
Article IV
(1) United Kingdom military personnel shall remain subject to United Kingdom
Service law at all times and shall be dealt with under this law wherever applicable.
(2) Notwithstanding that United Kingdom military personnel shall be an inte
gral part of the Somaliland Scouts they shall, so that they may be dealt with under
United Kingdom Service law, be formed into a unit called "United Kingdom Element,
Somaliland Scouts" and the Commander of the Somaliland Scouts or, in his absence,
the senior British seconded officer acting in his place shall be the commander of this
unit.
(3) If necessary a court martial under United Kingdom Service law may be held
locally and British officers may be brought into the country as members of such a
court. Essential witnesses may also if necessary be brought into the country for the
purpose of giving evidence at such a couit.
(4) United Kingdom military personnel shall be subject to the law of Somaliland
other than Service law.
No. 5348
352 United Nations — Treaty Series 1960
Article V
No United Kingdom military personnel will be required to take part in military
operations against a third country.
Article VI
(1) The Commander of the Somaliland Scouts, and through him the other United
Kingdom military personnel, shall receive their orders from the appropriate Minister
of the Government of Somaliland and they will obey such orders, provided that such
orders would, if given by anyone subject to United Kingdom Service law, constitute
lawful commands under that law and do not conflict with the allegiance of such
personnel to Her Britannic Majesty.
(2) United Kingdom military personnel shall have power of command over all
officers and other ranks in the Somaliland Scouts junior to them in rank or seniority
or placed under their command. Similarly, other personnel in the Somaliland Scouts
will have power of command over all personnel including United Kingdom military
personnel junior to them in rank or seniority or placed under their command.
(3) United Kingdom military personnel shall have the powers of discipline over
United Kingdom military personnel junior to them in rank or seniority or placed
under their command provided for under United Kingdom Service law. Power of
discipline over all other members of the Somaliland Scouts shall be exercised by the
Commander of the Somaliland Scouts.
Article VII
The Government of the United Kingdom reserve the right to withdraw United
Kingdom military personnel from service with the Somaliland Scouts should condi
tions arise where they consider such action necessary.
Article VIII
United Kingdom military personnel shall be indemnified by the Government of
Somaliland for all sums paid or payable in respect of costs, damages and any personal
costs awarded against them in civil proceedings arising out of accidents or incidents
occurring during the performance of their military duty.
Article IX
United Kingdom military personnel shall have the right to approach the appro
priate representative of the Government of the United Kingdom in the area on matters
pertaining to their own Service or personal interests. Normally such an approach
No. 5348
354 United Nations — Treaty Series 1960
shall be made to the Commander, Land Forces, Arabian Peninsula, through the Com
mander of the Somaliland Scouts who will keep the Government of Somaliland in
formed on those matters concerning their interests.
Article X
This Agreement shall come into force on the date of its signature.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have
signed the present Agreement.
DONE in duplicate at Hargeisa, this 26th day of June, 1960, in the English
language.
For the Government For the Government
of the United Kingdom of Great of Somaliland :
Britain and Northern Ireland :
M. I. EGAL
T. E. BROMLEY A. DUALEH
A. G. JAMA
Ibr NOOR
No. 5348
second agreement *****
No. 5349
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
SOMALILAND
Exchange of letters constituting an agreement providing
that, should the Government of Somaliland be a party
to any agreement transferring jurisdiction over the
Territory of Somaliland to any other Government, such
agreement should provide that the obligations of the
Government of Somaliland in respect of certain spe
cified instruments are transferred to that other Govern
ment. Hargeisa, 26 June 1960
Official text : English.
Registered by the United Kingdom of Great Britain and Northern Ireland on
13 September 1960.
ROYAUME-UNI DE GRANDE-BRETAGNE
ET D'IRLANDE DU NORD
et
SOMALIE
change de lettres constituant un accord disposant qu'au
cas o le Gouvernement de la Somalie serait partie
un accord portant transfert de juridiction sur le
territoire de la Somalie tout autre Gouvernement,
ledit accord devra stipuler le transfert cet autre
Gouvernement des obligations du Gouvernement de la
Somalie touchant certains instruments d termin s.
Hargeisa, 26 juin 1960
Texte officiel anglais.
Enregistr par le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord le
13 septembre 1960.
374 - 24
358 United Nations — Treaty Series I960
No. 5349. EXCHANGE OF LETTERS CONSTITUTING AN
AGREEMENT1 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTH
ERN IRELAND AND THE GOVERNMENT OF SOMALILAND
PROVIDING THAT, SHOULD THE GOVERNMENT
OF SOMALILAND BE A PARTY TO ANY AGREEMENT
TRANSFERRING JURISDICTION OVER THE TERRI
TORY OF SOMALILAND TO ANY OTHER GOVERNMENT,
SUCH AGREEMENT SHOULD PROVIDE THAT THE
OBLIGATIONS OF THE GOVERNMENT OF SOMALILAND
IN RESPECT OF CERTAIN SPECIFIED INSTRUMENTS
ARE TRANSFERRED TO THAT OTHER GOVERNMENT.
HARGEISA, 26 JUNE 1960
Mr. T. E. Bromley to the Members of the Council of Ministers of Somaliland
BRITISH CONSULATE-GENERAL
Hargeisa, June 26, 1960
Your Excellencies,
I have the honour to ask you to confirm on behalf of the Government of Somaliland
that, should they in any way be a party to any agreement for, or any instrument
having the effect of, transferring, or confirming the transfer of, jurisdiction over the
territory of the Government of Somaliland, to any other Government, such agreement
or instrument shall provide that the obligations of the Government of Somaliland
in respect of the following instruments are transferred to, and accepted by, that
other Government, namely :
(a) The Interim Agreement between the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of Somaliland for a
United Kingdom Aid Mission ; *
(b) The Public Officers Agreement between the Government of the United Kingdom
of Great Britain and Northern Ireland and the Government of Somaliland ; *
1 Came into force on 26 June 1960 by the exchange of the said letters.
1 See p. 331 of this volume.
1 See p. 339 of this volume.
360 United Nations — Treaty Sénés 1960
(c) The Agreement between the Government of the United Kingdom of Great
Britain and Northern Ireland and the Government of Somaliland regarding
interim arrangements in respect of the Somaliland Scouts ; 1
(d) The lease entered into on the 12th of April, 1960, between the Government of
the Somaliland Protectorate and the Minister of Works of the United Kingdom.
I have the honour to propose that this letter and Your Excellencies' reply giving
the confirmation aforesaid should constitute an Agreement between the two Govern
ments.
Please accept, &c.
T. E. BROMLEY
II
The Council of Ministers of Somaliland to Mr. T. E. Bromley
Your Excellency,
THE COUNCIL OF MINISTERS OF SOMALILAND
Hargeisa, June 26, 1960
We have the honour to acknowledge the receipt of your letter of to-day's date,
which reads as follows :
See letter /]
On behalf of the Government of Somaliland, we have pleasure in giving the
confirmation for which your letter asks and agree that Your Excellency's letter and
this reply shall constitute an agreement between the two Governments.
Please accept, &c.
M. I. EGAL
A. DUALEH
A. G. JAMA
Ibr NOOR
1 See p. 347 of this volume.
No. 5349
third agreement*****
No. 5350
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
SOMALILAND
Exchange of letters constituting an agreement concerning
the continued availability of currency of the East
African Currency Board in Somaliland for a transitional
period. Hargeisa, 26 June 1960
Official text : English.
Registered by the United Kingdom of Great Britain and Northern Ireland on
13 September 1960.
ROYAUME-UNI DE GRANDE-BRETAGNE
ET D'IRLANDE DU NORD
et
SOMAIJE
Echange de lettres constituant un accord relatif au maintien,
pendant une p riode transitoire, des livraisons
la
Somalie d'instruments mon taires de l'East African
Currency Board. Hargeisa, 26 juin 1960
Texte officiel anglais.
Enregistr par le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord le
13 septembre 1960.
364
United Nations — Treaty Series
1960
No. 5350. EXCHANGE OF LETTERS CONSTITUTING AN
AGREEMENT 1 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTH
ERN IRELAND AND THE GOVERNMENT OF SOMALI-
LAND CONCERNING THE CONTINUED AVAILABILITY
OF CURRENCY OF THE EAST AFRICAN CURRENCY
BOARD IN SOMALILAND FOR A TRANSITIONAL
PERIOD. HARGEISA, 26 JUNE 1960
I
The Council of Ministers of Somaliland to Mr. T. E. Bromley
THE COUNCIL OF MINISTERS OF SOMALILAND
Hargeisa, June 26, 1960
Your Excellency,
We have the honour to request that, following the attainment of independence
by Somaliland, the currency of the East African Currency Board (hereinafter described
as "the Board") should continue to be made available for circulation in Somaliland
for a transitional period until provision can be made for its replacement. We
propose that if Her Majesty's Government in the United Kingdom of Great Britain
and Northern Ireland agree to this request, arrangements should be made on the
following basis :
a) The duration of the transitional period shall be a matter for consideration by
the Government of Somaliland and Her Majesty's Government, shall be only
so long as is practicable and necessary.and shall not in any event exceed
12 months beginning from to-day's date.
(b) During the transitional period :
(i) the Board shall use their best endeavours to ensure that an adequate supply
of currency notes and coins of the Board continues to be available to meet
the demand in Somaliland ;
(ii) The Government of Somaliland shall not do any act or enact any legislation
which might prejudice the interests of the Board and shall afford the Board
such assistance as may be necessary.
1 Came into force on 26 June 1960 by the exchange of the said letters.
366
United Nations — Treaty Series
1960
If the above proposals are acceptable to Her Majesty's Government, we have
the honour to suggest that the present letter and your reply to that effect should
constitute an agreement between the two Governments in this matter.
Please accept, &c.
M. I. EGAL
A. DUALEH
A. G. JAMA
Ibr NOOR
II
Mr. T. E. Bromley to the Members of the Coitncil of Ministers of Somalilana
BRITISH CONSULATE-GENERAL
Hargeisa, June 26, 1960
Your Excellencies,
I have the honour to acknowledge the receipt of your letter of to-day's date,
which reads as follows :
See letter 7]
I have pleasure to confirm that the above proposals are acceptable to Her
Majesty's Government who agree that your letter and this reply shall constitute
an agreement between the two Governments in this matter.
Please accept, &c.
T. E. BROMLEY
No. 5350
No. 5350
UNITED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
and
SOMALILAND
Exchange of letters constituting an agreement concerning
the continued availability of currency of the East
African Currency Board in Somaliland for a transitional
period. Hargeisa, 26 June 1960
Official text : English.
Registered by the United Kingdom of Great Britain and Northern Ireland on
13 September 1960.
ROYAUME-UNI DE GRANDE-BRETAGNE
ET D'IRLANDE DU NORD
et
SOMAIJE
Echange de lettres constituant un accord relatif au maintien,
pendant une p riode transitoire, des livraisons
la
Somalie d'instruments mon taires de l'East African
Currency Board. Hargeisa, 26 juin 1960
Texte officiel anglais.
Enregistr par le Royaume-Uni de Grande-Bretagne et d'Irlande du Nord le
13 septembre 1960.
364
United Nations — Treaty Series
1960
No. 5350. EXCHANGE OF LETTERS CONSTITUTING AN
AGREEMENT 1 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTH
ERN IRELAND AND THE GOVERNMENT OF SOMALI-
LAND CONCERNING THE CONTINUED AVAILABILITY
OF CURRENCY OF THE EAST AFRICAN CURRENCY
BOARD IN SOMALILAND FOR A TRANSITIONAL
PERIOD. HARGEISA, 26 JUNE 1960
I
The Council of Ministers of Somaliland to Mr. T. E. Bromley
THE COUNCIL OF MINISTERS OF SOMALILAND
Hargeisa, June 26, 1960
Your Excellency,
We have the honour to request that, following the attainment of independence
by Somaliland, the currency of the East African Currency Board (hereinafter described
as "the Board") should continue to be made available for circulation in Somaliland
for a transitional period until provision can be made for its replacement. We
propose that if Her Majesty's Government in the United Kingdom of Great Britain
and Northern Ireland agree to this request, arrangements should be made on the
following basis :
a) The duration of the transitional period shall be a matter for consideration by
the Government of Somaliland and Her Majesty's Government, shall be only
so long as is practicable and necessary.and shall not in any event exceed
12 months beginning from to-day's date.
(b) During the transitional period :
(i) the Board shall use their best endeavours to ensure that an adequate supply
of currency notes and coins of the Board continues to be available to meet
the demand in Somaliland ;
(ii) The Government of Somaliland shall not do any act or enact any legislation
which might prejudice the interests of the Board and shall afford the Board
such assistance as may be necessary.
1 Came into force on 26 June 1960 by the exchange of the said letters.
366
United Nations — Treaty Series
1960
If the above proposals are acceptable to Her Majesty's Government, we have
the honour to suggest that the present letter and your reply to that effect should
constitute an agreement between the two Governments in this matter.
Please accept, &c.
M. I. EGAL
A. DUALEH
A. G. JAMA
Ibr NOOR
II
Mr. T. E. Bromley to the Members of the Coitncil of Ministers of Somalilana
BRITISH CONSULATE-GENERAL
Hargeisa, June 26, 1960
Your Excellencies,
I have the honour to acknowledge the receipt of your letter of to-day's date,
which reads as follows :
See letter 7]
I have pleasure to confirm that the above proposals are acceptable to Her
Majesty's Government who agree that your letter and this reply shall constitute
an agreement between the two Governments in this matter.
Please accept, &c.
T. E. BROMLEY
No. 5350
US Congressman Mr. Donald M Payne should understand that Somaliland was not part of Somalia, and it won´t be in the future. Mr. Payne don´t know much about Somali history, however he should read the history before saying against Somaliland.
The final decision of Somaliland future rests at the hands of its own people: neither Mr. Payne nor warlords and pirates in Somalia like "Puntland" Leader Cabdiraxman Farole can force Somalilanders to reunite with failed Somalia.
By Abdulaziz Al-Mutairi
Sources: UN Treaty Seriers