Between self-determination and the African union's position on uti possidetis : a legal analysis of Somaliland's secession claim

Abstract

This dissertation explores the complex legal tension between the right to self-determination and the African Union’s (AU) principle of uti possidetis, with Somaliland’s secessionist claim as the focal case. Since declaring its independence from Somalia in 1991, Somaliland has functioned as a de facto state with its own governance structures, yet it remains unrecognised internationally. The dissertation examines whether Somaliland’s pursuit of self-determination under international law justifies its bid for statehood and assesses the AU’s approach to territorial integrity as a significant obstacle to its recognition. In Africa, the AU upholds uti possidetis, a principle originally applied to post-colonial Latin America, which maintains colonial borders to preserve regional stability. This principle challenges movements like Somaliland by prioritising the inviolability of borders over the right to self-determination, especially when such claims threaten existing state boundaries. To understand the AU’s stance, this dissertation reviews foundational documents such as the AU Constitutive Act, which stresses territorial integrity, and significant case law from the African Commission on Human and Peoples’ Rights. The AU has consistently emphasised solutions that uphold existing borders, supporting internal autonomy but rarely endorsing secessionist movements. Examples from African cases, such as the Katanga separatist movement in Zaire, demonstrate the AU’s reluctance to recognise claims that risk fragmenting member states. Somaliland’s case for recognition is rooted in historical factors, including its brief period as an independent state before voluntarily uniting with Somalia in 1960. Its self-determination claim highlights a unique scenario: a stable, democratically governed region seeking recognition due to systemic repression and human violations in its past. However, the AU remains wary, as recognising Somaliland might set a precedent that could encourage other secessionist movements across the continent. In summary, while Somaliland meets the criteria for statehood, its quest for recognition faces substantial challenges due to the AU’s strict adherence to the principle of uti possidetis and territorial integrity, necessitating a nuanced approach that accommodates both stability and the aspirations of self-determination.