The Application of International Human Rights Law in Unrecognized Entities under International Law: the case of Somaliland

Abstract

Somaliland, an unrecognized de facto state in East Africa, controls its own territory and has all the governmental structures necessary to govern its people. However, it is not a member of the United Nations, the African Union, or other international organizations, and it does not have the capacity to participate in signing international human rights treaties. As a result, it lacks opportunities to voice its ideas and opinions in the international arena. One major issue is the lack of recognition, which prevents it from directly entering the international legal system and becoming part of international human rights treaties. Therefore, the main research question I addressed in this thesis was: “How do unrecognized de facto states apply international human rights laws, especially in the case of Somaliland?” In this study, we explored how Somaliland has developed its own principles through its constitution and legislative acts, using these mechanisms to align with international human rights laws. The primary research objectives are to examine the international human rights obligations of unrecognized de facto entities and to analyze how Somaliland implements international human rights law within its national policies, standards, legislation, and institutional mechanisms. In conclusion, this thesis argues that unrecognized de facto states should have a role and a voice in the implementation of international human rights law, as they are the most effective governing authorities within their territories.