Memeorial Submitted by the Expert, People's Republicof China to the International Court of Justiceon The Status of Somliland

ICJ/1/25.10.07

International Court of Justice

VI MUNRFE Session

Advisory opinion

People’s Republic of China

Status of Somaliland

MEMORIAL SUBMITTED BY THE EXPERT, PEOPLE’S REPUBLIC OF

CHINA

Introduction

1. This memorial on the issue of status of Somaliland is submitted to the Court on the basis of

articles 65

and

2. International Court of Justice under the request of the United Nations Secretariat, basing on

international law and opinion of relevant parties, should decide, whether Somaliland should be

independent state or should remain an integral part of Somali Republic

66 of Chapter IV of the Statute of the International Court of Justice..

Part I: Jurisdiction

3. Pursuant to clause “a” of the

states that “questions upon which the advisory opinion of the Court is asked shall be laid before the Court

by means of a written request containing an exact statement of the question upon which an opinion is

required, and accompanied by all documents likely to throw light upon the question”, the People’s

Republic of China receives the jurisdiction of the Court upon the question what status of Somaliland

should be.

article 65 of the Statute of the International Court of Justice which

Part II: Facts of the case

4. In the area which became British Somaliland Protectorate in the late 19th century the Somali people

were traditionally divided into clans, each being separated and independent from the others. Since then

and until independence of Somaliland Protectorate in 1960 each clan maintained connections with the

British government separately from other ones as the Protectorate treaties signed between United

Kingdom and clans recognized that each clan area was a separate Territory. These treaties are the evidence

that Great Britain prevented creation of a unitary state of Somali people. Somaliland Protectorate had

never been indivisible and therefore had no experience in governing the state. Nevertheless there were

common ethnicity, language, culture, Muslim religion, and pastoral life – bonds that were shared with

other Somali people in all Somali areas in the Horn of Africa including the Italian-administered Somalia to

the East and South of the Protectorate. These bonds provided an opportunity for Somaliland to unite with

the same ethnic group and create a national state which would consolidate politically disintegrated Somali

people. Creation of such a state was necessary to unfairly divided on the colonies Somali people and was

an important stage in evolution from uncoordinated clans to centralized state.

5. On June, 26, 1960 Somaliland Protectorate became independent and gaining this independence annulled

treaties signed with Great Britain. In accordance with preliminary consensus and agreement among the

northern clans Somaliland merged with Somalia on July 1, 1960 thus forming the unitary Somali Republic.

The entire intention of gaining independence from Britain was precisely to unite with the rest of the

country that gained independence in 1959 and to create state which would unite Somali people. It can be

proved by the fact that the state of Somaliland existed only in the period of six days after receiving

independence and all the activity of the state in this period was turned to formal preparation for creation

of the unitary state which was negotiated previously. The willingness of people to create unitary state was

proved by the results of the referendum held in June, 20, 1961 over the entire territory of Somali Republic

on the draft constitution of the unitary state. According to the results of this referendum published in the

African Election Database 1,756,216 people which are 90. 56 % of population voted in favor of the Continued