Welcome to SomaliNet Forums, a friendly and gigantic Somali centric active community. Login to hide this block

You are currently viewing this page as a guest. By joining our community you will have the ability to post topics, ask questions, educate others, use the advanced search, subscribe to threads and access many, many other features. Registration is quick, simple and absolutely free. Join SomaliNet forums today! Please note that registered members with over 50 posts see no ads whatsoever! Are you new to SomaliNet? These forums with millions of posts are just one section of a much larger site. Just visit the front page and use the top links to explore deep into SomaliNet oasis, Somali singles, Somali business directory, Somali job bank and much more. Click here to login. If you need to reset your password, click here. If you have any problems with the registration process or your account login, please contact us.

LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Dedicated for Somaliland politics and affairs.

Moderator: Moderators

OUR SPONSOR: LOGIN TO HIDE
User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Thu Jun 09, 2016 8:05 pm

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 SOMALILAND therefore signed the Union of Somaliland and Somalia Law (set out below) on 27 June 1960. The Law was immediately effective in Somaliland, but as set out in the recital, it was supposed to be signed by the representatives of Somalia, as well. In fact, this never happened. Instead the Legislative Assembly of the Somalia Trust Territory met on 30 June 1960 and decided to approve “in principle” an Act of Union (Atto di Unioni), which was significantly different from this Act of Union. According to Contini, (The Somali Republic: An Experiment in Legal Integration, Frank Cass & Co. Lt 1969: London), the Assembly requested the “Government of Somalia to establish with the Government of Somaliland a definitive single text of the Act of Union, to be submitted to the National Assembly for approval”.



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 Somali Territories (Somalia and Somaliland), the new National Assembly shall elect … a Provisional President of the Republic…”



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 Somalia Law did not have any legal validity in the South (Somalia) and the approval “in principle” of the Atto di Unione was not sufficient to make it legally binding in that territory.”



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 Somalia Law purported to derogate in some respects from the Constitution of the Somali Republic.

c) The Somalia Act of Union was approved “in principle” but never enacted into law.

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 Union was put to the National Assembly, and was promulgated on 31 January 1961. This Law entitled the “Act of Union” was made retrospective even though there is a generally accepted principle that laws should not be retroactive. The new Act of Union was different from the one signed by the Somaliland Legislature and re-produced below. The Law of Union passed by the Somaliland Legislature contained some guarantees about the laws applicable in Somaliland, the rights of Somaliland serving officers, which should not become less favourable than was applicable to them at the time of the union, the establishment of a special Commission on laws and its composition etc. These were, in hindsight, the only, rather half hearted, demands that the Somaliland made at the time of the union. But the 1961 retrospective Act was very clear in repealing anything which was inconsistent with the 1960 Somalia Constitution, and specifically repealed “the provisions of the Union of Somaliland and Somalia (Law No.1 of 1960)” except for Article 11(4) which, as you can see below relates to agreements entered into by the independent State of Somaliland (see Article 9(2) of the 1961 Act of Union).



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 Great Britain during that period. This is of considerable legal significance because so many people, specially in Africa, still think of Somaliland as a region seceding from the now defunct Somali (Democratic) Republic rather than a former independent state withdrawing, albeit unilaterally, from a union of two states – a position which is currently unique in Africa as there is no other territory or even region in a similar position.

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.


Ibrahim Hashi Jama, Editor





http://www.somalilandlaw.com/Somaliland ... _Union.htm
Somaliland's act of union documents passed on June 27/1960.

http://www.somalilandlaw.com/Act_of_Uni ... y_1961.pdf
Somalia's act of union documents passed in January 31, 1961.

Both acts of the union refers to tow countries?? and support Somaliland's narrative. Read article 4 in Somalia's act , and

Dr Dameer , whats goen on man , its seems after all we were right.
Last edited by X.Playa on Thu Jun 09, 2016 8:17 pm, edited 1 time in total.

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Thu Jun 09, 2016 8:15 pm

can someone please mathis a sticky , this issue needs along time to be digested and discussed for years to come. I myself is ignorant of its intercacies.
Last edited by X.Playa on Thu Jun 09, 2016 8:23 pm, edited 1 time in total.

User avatar
JSL3000
SomaliNet Super
SomaliNet Super
Posts: 8697
Joined: Mon Oct 26, 2015 7:29 am

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby JSL3000 » Thu Jun 09, 2016 8:22 pm

They don't care about logic in africa only the bullet works.

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Thu Jun 09, 2016 9:23 pm

The Right to Secede Under
International Law: The Case of
Somaliland
Peter Roethke


The political history of Somaliland follows a recognizable trajectory
from colonialism to independence to dictatorship but also has several unique
features. Prior to colonial rule, the clan—a group defined by family ties—
served as the primary political unit.4 In 1884, seeking to secure the area for their
trade routes, the British concluded treaties of commerce and protection with the
local Somali clans. Between 1884 and 1960, Great Britain ruled the territory as
the British Somaliland Protectorate.5 On June 26, 1960, Great Britain granted
Somaliland independence.6 The new state received recognition from thirty-five
countries, including all five permanent members of the United Nations (UN)
Security Council. Five days later Somaliland united with the UN Trust
Territory of Somalia, which had been administered by its former colonial ruler,
Italy.7
Somaliland and Somalia merged through an international treaty.
Irregularities occurred in the ratification of the treaty, however. The two states
drafted separate treaties. Somaliland crafted a draft treaty, legislatively
approved it, and sent it to the authorities in Mogadishu, the southern capital.
The authorities in Mogadishu never approved the draft. Instead, the southern
legislature wrote a significantly different treaty, the Act of Union, which the
national legislature made retroactively binding in 1961 after unification was an
established fact.8 A subsequent national referendum on the proposed
constitution heightened the discrepancy between the two entities: northerners
voted against it, whereas southerners voted for it.9


read full paper : https://www.american.edu/sis/jis/upload/3RoethkeF11.pdf

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Fri Jun 10, 2016 9:20 pm

Source: The London Gazette
No. 42074
FRIDAY 24TH JUNE 1960
BY THE QUEEN

A PROCLAMATION
TERMINATING HER MAJESTEY’S PROTECTION OVER THE SOMALILAND PROTECTORATE
ELIZABETH R.

Whereas the territories in Africa known as the 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 (hereinafter 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 the 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 ninth year of Our Reign.

GOD SAVE THE QUEEN


https://www.scribd.com/doc/315393490/Data

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Fri Jun 10, 2016 9:32 pm

The Adan Cade law of union that was never passed by the national assembly

https://www.scribd.com/doc/315393588/Ac ... nuary-1961

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Fri Jun 10, 2016 9:49 pm

The Somaliland parliament passed their act of union on 27 of June , the Italian Somalia parliament was supposed to pass it too , but that never happened.

https://www.scribd.com/doc/315393757/Th ... L-Gazette1

User avatar
Zakiboy
Posts: 222
Joined: Thu Oct 15, 2015 10:57 am

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby Zakiboy » Wed Jun 22, 2016 5:03 am

Major blow to the unionists.

original dervish
SomaliNet Super
SomaliNet Super
Posts: 28671
Joined: Mon Aug 22, 2005 5:08 pm

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby original dervish » Wed Jun 22, 2016 5:19 am

Oh my.......the iidoor were right all along. :o
Surely recognition will be inevitable now.
A giant Buddha will be erected in Hargeisa to honour the work of X player. :pac:

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Wed Jun 22, 2016 5:57 pm

Oh my.......the iidoor were right all along. :o
Surely recognition will be inevitable now.
A giant Buddha will be erected in Hargeisa to honour the work of X player. :pac:
add maybe a dhulbahnte in all fours and some Ina Igire look a like on top of him.

original dervish
SomaliNet Super
SomaliNet Super
Posts: 28671
Joined: Mon Aug 22, 2005 5:08 pm

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby original dervish » Wed Jun 22, 2016 6:07 pm

I have to hand it to you.....you are the most tenacious, deluded and imbecilic iidoor that walks Gods Earth. :)
You truly believe that you can cut & paste your way to recognition. :pac:

User avatar
X.Playa
SomaliNet Super
SomaliNet Super
Posts: 17317
Joined: Sun Mar 17, 2002 7:00 pm
Location: Canada,Hawd

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby X.Playa » Sun Jun 26, 2016 10:30 am

Daarood cut and paste translations = we cant argue against facts so we just say anything.

original dervish
SomaliNet Super
SomaliNet Super
Posts: 28671
Joined: Mon Aug 22, 2005 5:08 pm

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby original dervish » Sun Jun 26, 2016 4:19 pm

OK I concede......you've proved your case.
Just give me a call when your iidoor ass is taken serious by the IC. :)

User avatar
GalliumerianSlayer
SomaliNet Heavyweight
SomaliNet Heavyweight
Posts: 3528
Joined: Mon Feb 11, 2013 3:26 pm

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby GalliumerianSlayer » Sun Jul 03, 2016 11:36 am

Idoors are scum, just like the MJ people. Constantly stabbing their somali brethren's in the back and helping the colonialists, those who helped the Europeans against their own somali people? May allah punish them.

User avatar
JSL3000
SomaliNet Super
SomaliNet Super
Posts: 8697
Joined: Mon Oct 26, 2015 7:29 am

Re: LAW OF UNION BETWEEN SOMALILAND AND SOMALIA: Law No: 1 of 1960 - 27 JUNE 1960

Postby JSL3000 » Sun Jul 03, 2016 2:22 pm

Daarood cut and paste translations = we cant argue against facts so we just say anything.
:lol:


OUR SPONSOR: LOGIN TO HIDE

Hello, Has your question been answered on this page? We hope yes. If not, you can start a new thread and post your question(s). It is free to join. You can also search our over a million pages (just scroll up and use our site-wide search box) or browse the forums.

  • Similar Topics
    Replies
    Views
    Last post

Return to “Politics - Somaliland”

Who is online

Users browsing this forum: No registered users and 5 guests