I did my PhD research in a state that cannot be found on the UN website or the Atlas map. Somaliland is among a dozen or so entities that look like and act like a state, but do not have recognition at all or are partially recognised. Unrecognised states, de facto states, contested states, non-state territorial actors are among the terms used to denote diverse entities that share some common features and differ in other aspects. Some are recognised by a considerable number of States – for example, Kosovo – while others do not have recognition. 

What is an unrecognised state?

An unrecognised state is an entity that fulfils the Montevideo Convention's criteria of statehood: having a permanent population, defined territory, government and capacity to enter into relations with other states. The latter one, capacity, is often challenged by the lack of recognition. Unrecognised states do not have collective recognition and are not members of the UN.

Nuanced in reality

Somaliland declared restoration of independence from Somalia in 1991. Somalia is a member of the United Nations and the African Union (AU). However, Somalia’s central government collapsed in 1991 and lost effective control over Somaliland's territory. In contrast, Somaliland has a government with a parliament that legislates laws, as well as an executive and a judiciary. It has its own currency and issues national identity cards and passports for its nationals and visas for foreigners. Nevertheless, Somaliland is not a member of any human rights treaty. It is not reviewed in international human rights mechanisms – charter or treaty-based bodies. 

While the concept of human rights is often presented as universal, applicable to all individuals, everywhere, and at all times, the reality is more nuanced. International human rights law is a legal framework with various sources, including treaties and customary law. These sources, however, are primarily state-centric, with treaties gaining domestic binding character through State Parties' ratification. Customary international law is based on state practice and opinio juris. The practice of unrecognised states does not constitute customary law.

Protection of children's rights

My dissertation was about the applicability of international children’s (human) rights to children living in Somaliland, an unrecognised state. Moreover, I studied how national laws protect children’s rights in Somaliland.

Somaliland is not a member of the UN Convention on the Rights of the Child (CRC). Although all UN member States, except the US, have ratified the CRC, it is a treaty applicable to treaty parties. Therefore, it is bound by the law of the treaty. In that context, the CRC does not impose legal obligations on Somaliland. The lack of obligation in Somaliland means the CRC does not protect children. The paradox is that the universalistic language of international treaties is not translated into the legally binding universal obligation that applies to all entities, including unrecognised states. 

If we want to protect all children without discrimination based on territorial status, the human rights bodies shall focus on children living in unrecognised states. Also, there is room for the UN General Assembly to invite unrecognised states to ratify the CRC and other human rights treaties without going to the question of statehood. 

You can find the complete dissertation here.