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Gabbal

Law of Union Between Somaliland and Somalia. Hargeisa June 27, 1960

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Gabbal   

law_union2.gif

 

somalia_map.gif Whereas the State of Somaliland achieved independence and ceased to be under British protection or within the jurisdiction and sovereignty of Her Britannic Majesty on the 26th day 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 Organisation 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 the 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 ~hereinafter referred to as the Northern Region) and secondly those presently existing territories which comprise the six Regions of Mijertein, Mudugh, Hiran, Benadir, 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 the Somali Republic upon terms not less favourable 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;

(5) That all rights and obligations vested or accruing, whether public or private (including any status of legal personality acquired under law by corporate or non-corporate bodies) shall continue to subsist in accordance with sub-clause (2) hereof, be recognised and enforced by the Courts of the Somali Republic referred to in sub-clause (4) hereof and by the Government in the Somali Republic.

(6) That in the Somali Republic the national languages of the Republic shall be as to the spoken tongue Somali, and as to the written language Arabic, English and Italian, which shall have equal status.

3.

(1) All persons who upon the date of this Union possess the citizenship of Somaliland and Somalia respectively shall by this Union now become citizens of the Somali Republic.

(2) All persons who hereafter would, but for this Union, have become citizens of Somaliland or Somalia respectively under the law of either of the two uniting States as presently subsisting, shall hereafter become citizens of the Somali Republic.

4. The Head of State of the Somali Republic shall be the President of the Republic chosen in accordance with the provisions of the Constitution referred to in Article 7 hereof.

5. The Executive Authority of the Somali Republic shall be vested in the Council of Ministers appointed in accordance with the provisions of the Constitution referred to in Article 7 hereof and shall be exercised as therein provided.

6. The legislative power of the Somali Republic shall be vested in the National Assembly constituted in accordance with the provisions of the Constitution referred to in Article 7 hereof and shall be exercised as therein provided.

7. The Constitution of the Somali Republic shall be the Constitution of the State of Somalia with such adaptations as may be necessary to bring it into conformity with this Act of Union but notwithstanding the provisions thereof relating to amendment, no amendment of that Constitution shall derogate from the conditions of Union set forth in clause 2 hereof unless made in accordance with the procedure and provisions set forth in clause 10 hereof.

8.

(1) Upon this Act being made the presently subsisting Legislative Assemblies of Somaliland and Somalia respectively shall cease as such to subsist: but the existing elected members of the said Legislative Assemblies shall constitute the first National Assembly of the Somali Republic. Immediately upon the National Assembly of the Somali Republic being constituted under these provisions, the members thereof shall each before the person presiding over the National Assembly make an oath of allegiance to the Somali Republic.

(2) The existing President or Vice-President of the Legislative Assembly of Somali shall preside over the National Assembly of the Somali Republic for the purpose of taking the oaths of allegiance in accordance with sub-clause (1) hereof and for the purpose of electing the first President of the National Assembly only. (

3) The members of the Council of Ministers after being appointed in accordance with the Constitution shall each make an oath of allegiance to the Somali Republic before the President of the National Assembly.

9.

(1) Notwithstanding anything in clause 2 hereof, the citizens of the Somali Republic shall have the right freely to move for lawful purposes throughout the territory of the Republic subject to the provisions of any law relating to public order or human or animal health.

(2) Notwithstanding anything in clause 2 hereof there shall be no customs, excise or other tax imposed upon the movement of goods (including animals) between any parts of the territory of the Somali Republic, providing such goods originate from the Region from which they are proceeding.

(3) Until unification of customs tariffs is achieved, goods imported from foreign countries, land moving from the Northern Region to the second-

named Regions and vice versa shall be subject to the customs laws at present in force: in the Northern Region and the second-named Regions.

10.

(1) There shall he established a Special Commission the members of which shell be persons who were immediately prior to this Act of Union either members of the Legislative Assembly of Somalia or members of tile Legislative Assembly of Somaliland together with a Chairmen being a member of the National Assembly a pointed by the members of the Commission,

(2) The members of the Special Commission (other than the Chairman) shall be appointed by the President of the Somali Republic acting on the advice of the Council of Ministers and shall consist of an equal number of former members of the Legislative Assembly of Somalia and former members of the legislative Assembly of Somaliland.

(3) The Special Commission shall examine into and make recommendations (which in the event of the Commission not being unanimous shall be the recommendations of a majority of its members to which a minority report shall be attached) as to the provisions to be made from time to time by law for the purpose of establishing uniformity between the laws, institutions, public services and social services presently existing in the regions referred to in clause 2 (1) hereof.

(4) The Special Commission shall for the aforesaid purposes be empowered to establish sub-commissions or committees, the members whereof may include other persons, and to engage or call for assistance from any person by way of advice or otherwise.

(5) A Special Commission shall from time to time report to the Council of Ministers as to its recommendations under sub-clause (3) of this Clause and the Council of Ministers shall thereupon with all reasonable dispatch lay such report before the National Assembly together with the proposed legislation to be made to give effect thereto.

(6) The National Assembly shall thereupon decide by a majority of the members thereof present and voting upon such proposed legislation whether the same shall be enacted.

(7) Upon the National Assembly so deciding then the President shall assent to such legislation and upon the same coming into operation any condition set forth in clause 2 hereof shall so far as it is inconsistent with such legislation be abrogated.

(8) The Special Commission may with the approval of the Council of Ministers make rules regulating its procedure and providing for the duration of the appointments of its members, the remuneration of any persons whose participation or assistance is called for under sub-clause (3) hereof, the filling of vacancies in membership and all other matters as may be required for the performance of the functions conferred upon the Special Commission by this clause: Provided that if the Special Commission fails to make rules under this sub-clause in accordance with a request made to it by the Council of Ministers the Council of Ministers may make the said rules.

(9) Any rules made under sub-clause (8) may be added to, amended or revoked in the same manner.

11.

(1) Any property (including any rights arising from contracts or otherwise) that is immediately before this Act of Union vested in the Government of Somaliland or in the State of Somalia shall upon this Act being made vest in the Somali Republic or In any such person or authority on behalf of the Somali Republic as She Council of Ministers may direct.

(2) Any liabilities or obligation (whether arising from contract or otherwise) incurred by the Government of Somaliland or by the State of Somalia and subsisting immediately before this Act of Union shall upon this Act of Union being made be a liability or obligation of the Somali Republic or of such person or authority on behalf of the Somali Republic as the Council of Ministers may direct.

(3) For the purposes of the preceding sub-clause, any property which immediately before the making of this Act of Union was vested in, or any liability or obligation which at that time had been incurred by, any person or authority on behalf of the Government of Somaliland the State of Somalia shall be deemed to be property vested in or a liability or obligation incurred by She respective Government or State.

(4) Without derogation from She foregoing provisions of this Clause the rights and obligations arising from agreements entered into ~between the Government of Somaliland and the Government of the United Kingdom of Great Britain and Northern Ireland and between the Government of Somalia anti the Government of Italy and other States and International Organisations which are set out in the Schedule (2) to this Act shall be binding upon the Somali Republic.

12.

(1) For the time being the provision subsisting immediately before the making of this Act of Union for the expenditure of public monies of the Somali Republic hereby constituted within and upon the Northern Region and the second-named Regions shall as far as practicable continue to the intent that those monies which have been authorised to be expended within and upon the respective Northern Region and second- named Regions shall continue to be expended upon the public service and upon the development and welfare and in the service of the said Northern Region and the second-

named Regions and the inhabitants thereof respectively.

(2) For the time being the presently subsisting provision for the expenditure of public monies (including such monies as may be provided by way of assistance from foreign States) upon the development and welfare of the aforesaid Northern Region and second-named Regions and the inhabitants thereof respectively shall as far as practicable continue to the intent that those schemes of development and welfare which are now cur rent shall be completed and that those schemes of development and welfare which have been planned shall be proceeded with within the respective Northern Region and second-named Regions hereinbefore referred to and for the benefit of their respective inhabitants.

(3) The Supreme Court of the Somali· Republic shall have appellate jurisdiction in relation to decisions of the Courts now constituted and which will continue to subsist in the aforesaid Northern Region.

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Gabbal   

^^^^^^That is in the mind of a few, confused persons, and the innocent people they so cleverly lead.

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LANDER   

hornafrique,

what is the source of this union law? which jurisdiction signed the treaty? did the two legislative assemblies of the respected states sign on to it?

 

"That is in the mind of a few, confused persons"

you keep telling yourself that, if it helps you sleep at night. :D

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Gabbal   

Lander

 

This treaty is the very treaty that brought together British Somaliland and Italian Somaliland, and after it was signed by the delegates of the two respective colonies it came into affect 3 days later when Italian Somaliland became independent and joined with British Somaliland to be united Somalia.

 

Both colonies sacrificed their soverignty for the sake of the unity of the Somali people, I'm just glad they're not alive to witness such violence, enmity, and disloyalty toward Somalinimo.

 

The source of the treaty comes from a new book called Somalia: Chronology of Historical Documents 1827-2002

 

you keep telling yourself that, if it helps you sleep at night.

No, it actually makes me all the more saddened by the fact that maskiin people are being used for selfish political tactics. :(

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Gabbal   

Having read your long advisory post Mr. Oodweyne, I would make my reply very short, and just plainly and bluntly ask you for the "second act of union" signed by the respective former British Somaliland.

 

If you do not have the aformentioned evidence, then I am very sorry to inform you that you have wasted a good portion of your day.

 

And to be honest with you oodweyne, i'm very pleased to read that you thought i was wiser then my age when it came to Somali politcs, for I am younger than the age of 22.

 

So I assume, just as you had assumed my age, that I would be included in your youngsters list. :D

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LANDER   

What can I say, Mr.Oodweyne stated all the facts necessary in this topic. I think this is an important paragraph you might have overlooked Hornafrique

 

Lastly, even the act of the union produced by the british somaliland parliamentarians, had been decisively rejected by the people of somaliland in that referendum of 1961, so again technically the promulgation of the union was not consummated, because the people by their action or Verdict are last "Decider" in-terms of that much-debated act of union between the two states and whether it's legally and technically sound or "Ratified", and sadly for somali-weyn crowd, the somaliland citizens had overwhelmingly with a clear voice "Rejected" the purported "Acts Of Union" in any version of it -i.e. the northern version, the southern version, or for that matter any future versions you could care to think of it- between the Somaliland State and the Somalia State.

here's a segment of an article written by Mr.Ahmed Hirsi that reffers to this paragraph:

 

..........

 

Mr. Hassan Let me illustrate what I have in mind and give you couple classic cases as the desolation of the Somaliland peoples begun to mount from the onset, in 1961 young military officers attempted to withdraw Somaliland from Somalia. The officers were captured and put to trial, on the charges of treason. The Court acquitted all the officers because the court had no jurisdiction over Somaliland and recognised Somaliland as a separate state due to lack of an act of union joining the two merged states Somaliland and Somalia. Joining sessions of two legislative assemblies of the respect states never ratified the act of union.

 

 

The same year, a draft constitution of the two states was put to a referendum. However, the people of Somaliland rejected the constitution, the percentage of the voters against was as follows: Hargiesa 89%, Barbera 81%, Burco 77%, Erigavo 73%. The vast majority of people Somaliland rejected that constitution. The union between Somaliland and Somalia was illegal and state within a state.

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Dinaax   

when ever i read or talk to those who campainging the re- conquest of somaliland nation , whether they use a cover of religion, call islam or the word "somaliweyn" that has changed to the re possession of somaliland by the the killers, rapists, mass murders of somali south , the former colony of italia, controlled by warlords, i really feel shame and like to say i dont need the word somali any more or even islam it self. The reasons are many and countless....

first of all the lessons of history , how those whom you think that thay had learned any thing from the horor and the tragedy that has been duped by many the hell in the east of africa. it seems the cause and affect or logic was and will be never be the domain of those who propogate lies half truths ignorency to attain or to recapture somaliland . it seems the learned and the ignorents speak same tongue or even their islamic characters are non existance as they propogate lies and think those deception will further enhance thier misguided cause..

it is was clear there never was somali unitry state prior the colonization of britain and itali or french among others.... but they always say the british or the italian divided somalia..... it seems if somalia was created by the above lies (it seems the the post of hornafrique was saying somalia was created in 1960 but other somalis says that somalia was divided by those nations how come?? and capital was mogdisho including jabuuti, the ogaadeniya- a tribal name - region or eastern kenya)

more over, in 1960 there never was a legally binding agreement between somaliland and somalia.. the NSL and other parties in somaliland and the italian created SYL was in negotiation when all of a sudden the south somalia proclaimed the act of union with out any agreement from SNL forget about the other parties. on the other hand NUF or nafta and small parties were never in agreement about the union .. the leaders of cali garaad and others were completely opposed the union while SNL were an easy or even favoured a mutual agreement between somaliland and somalisouth.....

somaliland assembly never sit or even voted the proclamaition of the union . it seems to me 27 of june and 26 of june is far apart in days or months.... more over, the somali south of the act of union was written an italian -- a language that the whole assembly cannto understand..

 

those somaliland poets of those era really described well the so called the act of union from the somali south .. Xaaji adan afqalooc was on the examples... waa wxaan xabaala u galay geeri ka horow... an othe poem he described his pridecment..

gumaystaha sidiibaa aroos loo gelbinayaa

Cali sugulle was even more lamenting..

 

was his re action when he saw there is no way they could fight or even has any room to work.. the qaasim a great poet at that time was to react.. kuwii aan diraay baa daaqadii nooga soo galay . dusha somali weye hadana waa dirkii kale...

ironically SNL and syl never again sit or discuss any motion regarding the act of the union that has been proclaimed..

 

secondlly, in early sixties the so called refrendum was fake, deceptive and rejected.. if two nations were to unite, it supposed to be asked seprate vote .. ironically the word WALANWAYN .. A TERM that has born in those evil days, came from the declaration that 1 million vote has been casted in that village alone.. on the other hand somalilander rejected overwhemly the refurundum.. a coup atempt from the returning officers of the sandhurst college accured.. at that time somaliland army was non exitance.. and the highest rank was sergeant... the Xasan kayd has seen his nation has been overrun by more superior force that has come from somali south. he tried to organise the existing force and reclaim his nation.. it was not to be.. the ITalian judge who still there cannot proscute the officers .. the reason is that he has no jurisdiction in somaliland .. ironically the british jugdes are gone somaliland long time ago .. Cali suggule one the great poets in somaliland has to lament:

roobka qow qow low qadh qadhay

qaawanayn tayduu arkaa qudhayda

xagee dhigaa

aduunyo halbaan lahaa

hashi horor bayga cunay

hadhuub madhan baan sitaa.

clearly describes that he has no army, no force to defend his Maandeeq and his people.. from now on somaliland and somalia were never accepted each other .. the cause was the illagaly capturing somaliland the affect was the horor that is going on now... in deed the lady hornafrique if she is one, remarked QOUTE:

"I'm just glad they're not alive to witness such violence, enmity, and disloyalty toward Somalinimo." INDEED SOMALILANDERS WHO WANTED TO UNITE LEGALLY TO SOMALILAND ARE THOSE ONCE WHO LIVED PAIN MOSTLY .. take for example the great poets : Abdullaahi suldaan timacade, his peoms are cries and the reaction of the desastrous path of the two somalis... in his peoms in syl if you read and the guts to understand you know what thaat means.. take the great poet of Abdi iidaan faarah.... indeed he was the only poet that composed the union poem in 1960 26 juun.. the timacade composed the poem kana siib kanaa sar for the somaliland flag .... it was 1960 26 juun... not the black day of 1st july 1960..( i mean black day cause it was the day that south proclaimed the act of union without the consent of somaliland.. but it is bright day of the indepdency of somali south...)

 

late he has to cry like this:

dadkaa reer jabuutee

dawladnimada toodaa ah

dadka aan iskaga daran

ama dirdiralayn ha daardaarin

waa gobe anigu ma diidane

you can read the rest his deelay

or even shiinley.. later the south somali soldiers killed , murdered him cause of his poems..

xaaji adan afqalooc was one of the great poets . his poems are countless against the regimes of mogadisho... in 1960- 69.. the man lead against british and he later turned against mogadisho regime..

hasan shiikh muumin lived through too, his anger and lamentation of songs is also shows his anger

 

hadii dawo bukooto xageee dux looga doona

haduu dab dhaxaamoodo maxaa lagu diiraiyaa

 

in conclusion, jabuuti is another country and it seems they are no somalis in the eyes and the narrow logic of south somalis ..

i went to mogadisho long time ago , and i never feel at home, being qaldaan , or even being at theat time somalilayn .. i was foriegner just like other foriegner..

more over, siyaad barre suspended the constitution of the so called somalia 1969, that means the south somali act of union and the what ever remained the loyalty to wards ended that days. how ever somaliland fighted librated its poeple and country .. there will be no more force that will come from the south and try to force somaliland into the warlord hands again , somaliland can defend itself now ..

we fighted our country in our own blood and we defend it in our blood ... end of the evil forces of hate mongering somali south..... we took our country by force and we will defend it in that manner....

with or without the consent of somali warlords and their appolagists

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Gabbal   

Dinaax

 

i really feel shame and like to say i dont need the word somali any more or even islam it self.

That should tell the rest of the nomads what I think your mental capability is.

 

Lander I uderstand you bro, but answer me on this.

 

Why did marxuum Mohamed Ibrahim Egal (a former prime minister within the SNL) accept the second highest post in the Somali Republic and become prime minister in 1967?

 

Are you saying that even though the citizens of british Somaliland were singing a different tune, the highest elected leaders of the former british Somaliland were glued to a different one?

 

hhm.

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LANDER   

very well put Mr.Oodweyne, your message is indeed LOUD and clear :D . Dinaax I enjoyed your poetic passages, I was wondering where I can find some of these passages you quoted in their full lenght of poems. I would very much like to learn more about this art form that was used for many things including political history in our country.

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Gabbal   

Loud, but uneeded. Discerning the fact that you are very fond of advising me, let me address the two main points of your latter post, Oodweyne.

 

First I have not read the book nor have I even bought the book, but really, just because "somaliland" scholars (if there is such an absurd title) do not agree with it, does not mean I won't either. I mean of course "somaliland" scholars are against Somali unity, while I propagate it. :cool:

 

Secondly this should clear up the misunderstanding. I would be very, very interested to see the "second act of union" of which you are also so fond of saying that the former colonizers have in their midst. I do not plan in the near future to leave the U.S, so I repeat again that I would be very interested in seeing it, if such a thing exists.

 

 

Lander, no matter what, Islam comes before all, even so-called nationalism. :(

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Dinaax   

"No, it actually makes me all the more saddened by the fact that maskiin people are being used for selfish political tactics. " that is what i call illogical mind driven by shear ignorency.. in deed that is what you are propogating.. somaliland people rejecet the union with somali south by highest numbers and still proponents of re-conquest of somaliland uses selfish political tacticts lies and half truths.. the use of force and the coersion used against somaliland from that day of 1st july, the producing and supporting countless dictators, killers, sinners isnot against the principle of islam or even supporting liers who abuse law, and due proccess of people...

 

[Lander, no matter what, Islam comes before all, even so-called nationalism] .. this is also ironical .. somaliland opponent always love thier contradiction lies and deception... you support to reconquest and voilent men against somaliland just because you call that nationalism or islamic value doesnt make it one .. that is why i said south somali islam and south somalinimo is fake and i dont believe fake religion like you do .. i beleive true islam that says in the quran : we created tribs and nations .. wajacalnaa shucuuban waa qabaailan latatacarafuu.. our people fought against the tyrnical, occupiers of south somalia .. those men you call your leaders who kill thousands of innocent men and women .... the men who are meeting in the christian country of kenya that rule opressingly somalis ... perhaps that is your view of being islam first.....

 

lander: i keep memorized many poems of somalilanders , i also has cassetts of many litrature of somaliland .. but you could find many of them in the net .. check www.somalilandnet and then somaliland poems . there is also a website that of somaliland that collects alot of litrature of somaliland http://shunuuf.tripod.com/newsongs.html if you coulnt find that way : go to www.somalilandnet.com then the in the sear engine type somaliland poems there you will find countless litrature of our people... however, you may not find all of them .. as for me i collect litraturre , songs, poems, and genuine historical facts.. you also need some one that expalian to you the back ground of the poem.. but i think you will understand

dinaax

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LANDER   

Dinaax thanks for the links sahiib

 

Horn,

Lander, no matter what, Islam comes before all, even so-called nationalism.

I fail to comprehend the point of this obvious statement.

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Gabbal   

Oodweyn I have still not recieved that second act of union.

 

Lander you are no more dumber than I am. Look under the surface.

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Mystery   

Ooweyne & Dinaax

 

Thank you both for the well authenticated information.

 

As to HornAfrique, lets say for the sake of argument that the (fabricated) document that you presented was authentic and for the sake of argument (once again) that both the people of Somalia and Somaliland did sign this agreement.

 

I didn't know you're a Cathlic HornAfrique, because even in Islam divorce is permitted. May 1991 the leaders of Somaliland filed the divorce papers and the people of Somaliland unanimously concluded it May 2001. So stop crying for a partner whose never coming back. I didn't you people are that weak and still continuing to morn for the union. I recommend that you people get help (shrim) to overcome this lost. You know people like you flatten us by constantly wanting us back, but hear us loud and clear don’t LOVE you so please get on with live and stop crying.

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