49. Do Somaliland and Ethiopia need another MOU?

49. Do Somaliland and Ethiopia need another MOU?

Video Overview

The January 2024 Memorandum of Understanding between Somaliland and Ethiopia may well be the most misunderstood agreement in modern diplomatic history. The controversy surrounding this document reveals far more about international attitudes towards African sovereignty than about its actual contents. What began as a straightforward bilateral understanding exposed fundamental misconceptions about international law, territorial integrity, and the nature of state recognition.

The Nature of Memoranda: Understanding What MOUs Actually Are

A Memorandum of Understanding is, by definition, a non-binding statement of intent. It represents an agreement between parties to pursue certain objectives or explore specific avenues of cooperation. MOUs are diplomatic tools designed to establish frameworks for future negotiations, not binding commitments that trigger immediate legal consequences.

The Somaliland-Ethiopia MOU fits precisely within this established diplomatic practice. It outlined potential areas of cooperation, including Ethiopia's possible recognition of Somaliland in exchange for maritime access. This represented a statement of mutual interest, not an immediate transformation of legal status or territorial arrangements.

Yet the international response suggested a fundamental misunderstanding of what MOUs represent. The document was treated by few as if it constituted an immediate threat to regional stability, when in reality it simply formalised discussions that had been ongoing for years between the two entities.

The Global Response: Revealing Hidden Truths

The international reaction to the MOU proved far more illuminating than the document itself. Rather than a universal condemnation of Somaliland's diplomatic initiative, the response revealed a striking pattern that contradicted decades of assumptions about international attitudes towards Somaliland recognition.

Only four countries explicitly condemned the MOU: Turkey, Egypt, China, and Djibouti. This represents a remarkably small fraction of the international community. Turkey's opposition stemmed from its broader regional ambitions and existing relationship with Somalia. China's position reflected by a misapplication of territorial integrity, driven by concerns over Taiwan, Tibet, and Xinjiang. Djibouti's concerns related to regional competition and economic considerations.

Egypt's position requires more nuanced analysis. Rather than representing fundamental opposition to Somaliland recognition, Egypt's stance appears calculated to create diplomatic leverage over Ethiopia regarding the Grand Ethiopian Renaissance Dam. Egypt views Ethiopian initiatives, including potential Somaliland recognition, as bargaining chips in Nile River negotiations rather than choosing between Somaliland and Somalia.

Perhaps more significant than explicit opposition was the strategic silence of key international actors. The United Kingdom, traditionally vocal about Horn of Africa affairs, made no statement condemning the MOU. The United Arab Emirates, despite significant interests in the region, similarly refrained from criticism.

Apart from the Arab League and Organisation of Islamic Cooperation, responses were notably muted or impartial calling for just dialogue. This impartiality suggests a recognition that the old consensus against Somaliland recognition may be fracturing.

The Biden administration's efforts to mobilise international opposition to the MOU proved remarkably unsuccessful. Despite significant diplomatic pressure, the United States failed to generate meaningful multilateral condemnation beyond the four countries mentioned above. This failure demonstrates the limits of Biden's influence on this issue and suggests that previous assumptions about international consensus against Somaliland recognition may be outdated.

Territorial Integrity: The Most Misunderstood Concept in International Law

The controversy surrounding the MOU exposed widespread misunderstanding of territorial integrity as a principle of international law. Critics invoked territorial integrity as if any recognition of Somaliland would violate Somalia's sovereign rights, but this interpretation fundamentally mischaracterises the concept.

Territorial integrity, as codified in Article 2(4) of the UN Charter and Kosovo ICJ ruling, prohibits the threat or use of force against the territorial integrity or political independence of any state. This principle is designed to prevent external aggression and forced territorial changes, not to freeze political arrangements indefinitely regardless of their legitimacy or effectiveness.

Ethiopia's potential recognition of Somaliland involves no use of force, no territorial acquisition, and no external intervention in Somalia's affairs. It represents the exercise of sovereign prerogative to determine diplomatic relations, not a violation of territorial integrity.

The application of territorial integrity to the Somaliland context ignores fundamental historical realities. Somaliland's independence preceded any union with Somalia, and the legitimacy of that union has been contested since its inception (to say the least). Somalia has exercised no effective control over Somaliland for over three decades, whilst Somaliland has demonstrated all the attributes of effective statehood.

To invoke territorial integrity in defence of Somalia's claims over Somaliland is to misapply the principle entirely. Territorial integrity protects existing, effective state control, not historical claims to territories that have maintained legal and actual sovereignty through their own efforts.

The Transaction vs. Recognition Paradigm

One of the most significant criticisms of the MOU concerns its transactional nature. Unlike other recognition precedents, where countries have recognised new states based on principles of self-determination, restoration or effective control, the Somaliland-Ethiopia agreement appeared to trade recognition for maritime access.

This transactional framework misunderstands both Somaliland's political culture and the nature of effective recognition. Somaliland operates as a high-trust society where relationships are built on mutual respect and long-term partnership. The first country to recognise Somaliland will establish a relationship that transcends immediate quid pro quo arrangements.

Historical precedents support this understanding. When the United States recognised Kosovo or when Australia recognised East Timor, these acts of recognition established enduring partnerships that have provided strategic benefits far beyond any immediate transactional considerations.

Prime Minister Abiy Ahmed's approach to the MOU reflected a misunderstanding of Somaliland's political dynamics and the potential benefits of recognition. Had Ethiopia simply recognised Somaliland without conditions, it would have gained not only maritime access but also a loyal regional partner and enhanced legitimacy across Africa.

The transactional approach suggested a short-term realpolitik mentality that underestimated the long-term strategic value of partnership with a functioning democracy in one of Africa's most volatile regions. This miscalculation reflected Ethiopia's own experience as a country that has maintained independence, making it difficult to appreciate the profound significance of recognition for entities seeking acknowledgement of their sovereignty.

The African Sovereignty Imperative

The MOU controversy highlighted a broader question about African agency in international affairs. The response from non-African powers, particularly Turkey and the Biden administration's attempts to orchestrate opposition, revealed continuing paternalistic attitudes towards African diplomatic initiatives.

Ethiopia's initiative, regardless of its specific modalities, represented an assertion of African agency in resolving African challenges. Rather than seeking external permission or validation, Ethiopia exercised its sovereign right to conduct diplomatic relations as it saw fit.

This approach aligns with broader trends towards African solutions to African problems. The African Union's increasing willingness to address continental challenges independently, from security issues to economic integration, reflects a maturation of African diplomatic practice that the MOU exemplified.

Somaliland and Ethiopia's relationship predates colonial boundaries and external interference. These territories have traded and interacted for millennia, with Ethiopia serving as one of Somaliland's primary trading partners throughout history. The Red Sea and Gulf of Aden have connected these societies since ancient times, when the frankincense and coffee trades established routes that persist today. Even in the modern era, Ethiopia recognised Somaliland in 1960, before the establishment of the AU and its predecessor.

This historical relationship provides a foundation for contemporary cooperation that transcends the misunderstandings of international law which often mask external preferences. Recognition would simply formalise relationships that have existed for centuries.

Beyond the MOU: The Recognition Climate

The MOU controversy occurred within a broader context that suggests the international climate for Somaliland recognition may be more favourable than previously assumed. The failure to generate significant opposition, combined with strategic silence from key players, indicates shifting attitudes.

The departure of Hillary Clinton-era policymakers from influential positions has created space for fresh approaches to Somaliland recognition. As a result, the "Single Somalia" policy faces reduced institutional support in US.

Current American foreign policy prioritises tangible results over bureaucratic precedent, creating opportunities for recognition that did not exist under previous administrations. These attitudes have evolved as Somaliland's democratic credentials and role in regional stability have become increasingly evident. Additionally, Somaliland's track record of self-reliance over aid dependency resonates with the new direction of US foreign policy.

2025 Strategic Timing: Why Ethiopia Should Act Now

Several structural shifts make immediate, unconditional Ethiopian recognition of Somaliland strategically advantageous in 2025:

  1. Somalia's chronic governance weakness has deepened. Institutional failure, fiscal fragility, and security force fragmentation reduce any credible capacity to retaliate diplomatically or economically. The deterrent once assumed simply is not there.
  2. The African Union, influenced by Djibouti’s chairmanship, lacks coercive leverage. Djibouti cannot realistically retaliate against Ethiopia without risking its own revenue model and the credibility of its logistics hub.
  3. The Grand Ethiopian Renaissance Dam (GERD) milestone alters regional bargaining. With core construction and initial filling phases effectively secured, Egypt's leverage narrows, reducing the risk that Somaliland recognition materially worsens Nile negotiations.
  4. United States policy transition removes a key source of prior hesitation. With the Biden administration departed, the bureaucratic alignment that previously resisted innovative Horn policy has dissipated.
  5. A potential Trump foreign policy reset introduces a first-mover risk. If Washington were to pivot swiftly and recognise Somaliland, Ethiopia would lose the diplomatic dividend of being the decisive African leader shaping a new Red Sea security architecture.

Taken together, these conditions create a narrowing window in which recognition yields maximum strategic return at minimal cost. Delay increases the probability that external actors capture initiative or reconstituted regional narratives re‑inflate legacy objections.

If Ethiopia had waited upon the comfort of a self appointed "international community", would the GERD be generating power today? The same logic applies to Somaliland recognition: decisive, lawful sovereign action produces outcomes; deference to diffuse hesitation produces drift.

Conclusion: Understanding What the MOU Really Revealed

The Somaliland-Ethiopia MOU served as an inadvertent test of international attitudes towards Somaliland recognition. The results of this test suggest that the global environment for recognition may be more favourable than any previous assessment indicated.

Rather than demonstrating international consensus against Somaliland recognition, the MOU controversy revealed limited, geographically concentrated opposition alongside widespread indifference or tacit support. This represents a fundamental shift from previous decades when Somaliland recognition was considered diplomatically impossible.

The misunderstanding surrounding the MOU - treating a non-binding memorandum as if it constituted immediate recognition - ironically demonstrated how little substantive opposition exists to actual recognition. If a mere statement of intent could generate such limited condemnation, the act of recognition itself may prove far less controversial than conventional wisdom suggests.

For Somaliland, the MOU's legacy lies not in its specific provisions but in what it revealed about the changing international landscape. The path to recognition remains challenging, but the MOU demonstrated that this path may be more open than previously imagined.

The question now is whether subsequent diplomatic initiatives will learn from both the successes and failures of the MOU approach, building on its revelatory aspects whilst avoiding its transactional limitations. Recognition achieved on principled grounds, by a country willing to lead rather than negotiate, may find the international environment more receptive than the MOU experience initially suggested.