De Jure or De Facto: The United States and Somaliland’s Emerging Diplomatic Status
editor
By: Ahmed Yasin Mohamed Jama
1. Introduction
This brief examines whether U.S. actions in engaging with Somaliland independently of Somalia amount to formal recognition (de jure recognition) or simply imply informal acknowledgment or practical cooperation (de facto engagement).
2. Meaning of State Recognition
De Jure Recognition
• A formal act through which one state explicitly recognizes another as a sovereign, independent entity.
• It usually involves full diplomatic relations, the exchange of embassies, and the legal authority to sign intergovernmental agreements.
De Facto Recognition / Engagement
• Acknowledgment based on practical realities, where a state accepts another entity’s existence for operational purposes without granting full legal recognition.
• Often used in unsettled political situations or when a state seeks limited cooperation without assuming the full legal consequences of formal recognition.
3. U.S. Actions Toward Somaliland
The United States has repeatedly engaged directly with Somaliland in areas such as security, trade, and economic development. Discussions and initiatives about opening offices or establishing direct participation in Hargeisa have also occurred. However, Washington’s newly legislated statement clearly signals a pathway toward formally recognizing Somaliland as an independent state.
4. New Development: U.S. House Foreign Affairs Committee Action On September 19, 2025, the House Foreign Affairs Committee adopted Section 305 of H.R. 3500/5300 in an en bloc amendment package. Section 305 directs the U.S. Secretary of State to:
• Consider establishing a representative office in Hargeisa, Somaliland.
• Issue separate travel advisories for Somaliland and Somalia.
The measure, championed by Chairman Brian Mast and adopted by voice vote, embeds for the first time in U.S. law a requirement that Somaliland be treated separately from Somalia inofficial policy instruments — a step that constitutes clear political recognition.
Policy Significance:
• Differentiated Treatment: Congress is formally mandating that Somaliland be addressed independently in U.S. law (e.g., travel advisories, diplomatic presence).
• Acknowledgment of Stability: The provision reflects Somaliland’s record of peace, democracy, and security compared to Somalia.
• Strategic Signal: It demonstrates that Somaliland’s governance and stability influence U.S. policy considerations.
• Institutional Foothold: Section 305, now in force, provides a durable framework for forthcoming legislative and policy efforts.
Implications for Somaliland’s Diplomatic Strategy:
• Provides advocacy leverage as evidence of growing international differentiation.
• Shows an incremental pathway, where functional measures (e.g., offices, advisories, aid channels) are politically viable in the U.S. Congress.
• Establishes a baseline for expansion, embedding Somaliland into U.S. policy frameworks step by step.
Recommended Messaging:
• Emphasize that Congress has formally mandated differentiated treatment of Somaliland in U.S. law.
• Frame this as a practical, security-driven step aligned with U.S. interests in the Red Sea and Gulf of Aden.
• Position Somaliland as a reliable partner for stability, counterterrorism, and maritime security.
• Highlight this as a precedent-setting development in U.S. legislative practice, opening space for deeper engagement.
Bottom Line:
Section 305 represents a measured but historic shift in U.S. legislative posture. It embeds Somaliland in U.S. law as a distinct entity for the first time, creating symbolic and practical opportunities for Somaliland’s diplomatic strategy.
5. Legal Analysis:
International practice holds that economic or security cooperation, when coupled with an explicit political and legal declaration, may constitute de jure recognition.
Conclusion
U.S. engagement — now including legislative provisions such as Section 305 — signals a growing willingness to differentiate Somaliland from Somalia.
The Government of Somaliland should promptly convey a formal message of gratitude to the Government of the United States, acknowledging its continued support for Somaliland’s pursuit of independence — echoing the stance it took in 1960, when the United States, together with 34 other nations, recognized Somaliland as a sovereign and independent state.
Furthermore, all citizens of Somaliland are encouraged to express their appreciation to the U.S. Government for reaffirming its commitment to Somaliland’s aspirations.
About the Author
Ahmed Yasin Mohamed Jama Independent Analyst on Political and Economic Affairs, specializing in the Horn of Africa.
The views expressed in this article are the author’s own and do not necessarily reflect the Horndiplomat editorial policy.
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