By Yohannes Gebresellasie (PhD) Canada

Replacement and/or institutional evolution of the former Organization of African Unity (OAU) that paved the way for the birth of the African Union (AU), came to existence under the Sirte declaration in July 1999 with an objective inter alia, to address the multi-faceted socio-economic and political problems encountered by the people of Africa. Thus far, the AU has conducted four summits: The Sirte Extraordinary session (1999) decided to establish an African Union, The Lome summit (2000) adopted the Constitutive Act of the Union, The Lusaka Summit (2001) drew the road map for the implementation of the AU and, The Durban Summit (2002) launched the AU and convened the first assembly of the Heads of States of the African Union.

Among other things, the AU focuses on the promotion of peace, security and stability within the continent. Further, the AU defends African common positions on issues of interest to the continent and its peoples; promotes democratic principles and good governance and protects human rights in accordance with the African Charter of Human Rights and promotes sustainable development at the economic, social and cultural level in order to raise the living standards of the African peoples. The AU commission that comprises of the chairperson, deputy chairperson, eight commissioners and staff members is the most important organ that plays a central role in the day-to day management such as preparing state studies, defending the interests of the people, maintaining peace and security, preventing conflicts, combating terrorism defending human rights, democracy, good governance, electoral institutions, civil society, humanitarian affairs etc. Taking into consideration all the above-mentioned duties and responsibilities of the AU, it is pertinent to ask the following question: Thus far, what did the AU do in fulfilling its mandates some of which are already mentioned above

- What did it do to safeguard the most fundamental question: the will of people to decide their destiny
- With regard to the Republic of Somalilandd, what did the AU do to fulfill its mandate of addressing the fundamental question of the people of the Republic of Somaliland in determining their destiny
- Here, it is important to note that it is not the sole responsibility of the AU alone to assess the objective reality of Somaliland and come up with tangible and workable solutions. The Community in general and the United Nations Security Council in particular must assist as well. However, the AU as the sole representative of the African Continent must take the leading role. It must at least bring the agenda of the Republic of Somaliland to the table, it must ask the people of Somaliland what their aspiration is and generally, the AU must be at the forefront to comprehend the different issues revolving around the Horn of Africa in general and that of Somaliland in particular. It must find a lasting solution to the injustice done on Somaliland. In that regard, The AU must address the most fundamental question that the people of Somaliland are asking: the question of self-determination.

The notion of self-determination is a phenomenon of human motivation concerned with development and functioning of personality within the social context. It is the degree to which people endorse their actions at the highest level of reflection and engage in the actions with a full sense of choice. Self-determination addresses basic psychological needs, which are innate, universal and essential for growth and well being of a society. Since people are active organisms with innate tendencies towards growth and development, they strive to master ongoing challenges and to integrate their experiences into a coherent sense of self. However, this natural tendency requires ongoing nursery and support from the international community in general and organizations such as the AU and UN in particular in order to function effectively. The international community in general and organizations such as those mentioned above can either support or thwart peoples' natural tendencies towards growth and development. To deny a society of those basic and fundamental rights is to deny society's basic psychological needs that are a natural aspect of human being that apply to all people regardless of nationality, gender, race, group or culture. The people of Somaliland are simply asking the international community to understand them on their quest to grow and develop as people and to deny that fundamental human rights issue is unjust.

Here are some of the facts vis-.-vis the Republic of Somaliland that the AU must consider and take a stand for:

The Republic of Somaliland after more than seven decades as a British protectorate, got its independence in June 1960 and soon after five days of its independence, united with Italian Somalia. Following the collapse of the Somali government in 1991, Somaliland announced the dissolution of the 1960 union and declared its independence from Somalia on May 18, 1991.

Somaliland receives no bilateral or multilateral support from governments or non-governments alike. There is no material support from anywhere. There is no IMF or World Bank support. The AU did nothing to maintain the already existing peace, security, and democratization and good governance in Somaliland. On the other hand however, the international community is spending millions of dollars to help the various factions in the South in a name of unification or reconciliation that never got any momentum and failed time and time again

Somaliland suffered enormously under the brutal Said Bare's dictatorship, its people flee as refugees everywhere, every infrastructure-school, hospitals, roads, telecommunication, etc. were destroyed and devastated to the core and the remnants are there for exhibit.

The AU must recognize that respect for the wish of the people is a fundamental human rights issue and that must be respected.

Somaliland and Somalia were two different countries with two different colonial powers, and clearly defined international boundaries. Somaliland got its independence on the 26th June 1960, four days before their brothers in Somalia. Somalia got its independence on 1st July 1960.

The joint two Houses of parliament never ratified the Act of Union, between the two States Somaliland and Somalia. Ratification of the Act of Union was a must but was never done.

Nobody held a referendum in Somaliland, to see whether the people in the country wanted to cease being a separate independent State. Since there was no referendum or a sharing of power, it was annexation of Somaliland by Somalia. This most daring case of Pax Somalia over Somaliland made the Union, immoral and void.

Somaliland's resounding rejection of the constitution in the referendum of 1961 was an abrogation of the Union. The Union of the two states hinged on both parties accepting the constitution as the vehicle for unity. 80% of the people of Somaliland voted "No".

Article 1, of the Montevideo Convention on the Rights and duties of States, signed on December 26, 1933 provides that the state should possess a permanent population, a defined territory, a government and the capacity to enter into a relation with other states. Somaliland has all the stated qualifications. Somaliland has the backing of the OAU Cairo resolution of 1964, which has ratified sanctity of inherited colonial boundaries in Africa.

The bombardment and destruction of Hargesa, the killing of innocent civilians in the thousands by an army manned and officered by Southerners, under instructions from a southern-led government has doomed the moral legitimacy of the union. The Union died on the day of the bombardment of Hargesa with a population of over a million, with no for-warning to the people to leave the city. It was the first of its kind in Africa or probably the whole world. Over 50,000 civilians, mostly women and children died in that bombardment.

The AU must appreciate and support the expeditious recovery process that Somaliland managed to achieve without any support. Further, the AU must appreciate and support to maintain the peace and reconciliation process that has been successfully put into place in Somaliland.

The AU must recognize and support the new constitutional referendum that was held on 31st May 2001, which affirmed inter alia that Somaliland would be governed, by democratic multi-party system of government.

The AU must recognize and support the local council election that was concluded on 15th December, 2002, the Presidential election that was held on 14th April 2003 and the Parliamentary election planned for 2004.

The time has come for the AU to live up to its expectations and do the right thing and the right thing is to clearly understand the prevailing conditions, expectations and aspirations of the people of Somaliland and come up with a judicious solution. The only judicious way of resolving the Somaliland question is to acknowledge, recognize and respect the will of the people to grow, progress and develop. The AU must ask the people of Somaliland what they want. In that regard, the AU must once and for all solve its obstinate dilemmas vis-.-vis the Republic of Somaliland and let the Republic of Somaliland join the community of nations. The fundamental right of the people of Somaliland for self-determination must be respected sooner than later.