By Anteneh Abraham
The African Union Commission Chairman does not possess the mandate to take a definitive position or make declarations on behalf of the African Union concerning the recognition of Somaliland as an independent state without prior deliberation and consensus among the Member States of the Union.
According to the Constitutive Act of the African Union and established institutional practice, matters of state recognition, sovereignty, and territorial status fall under the exclusive authority of AU Member States, acting collectively through the appropriate policy organs, including the Assembly of Heads of State and Government.
Any public statement, endorsement, or opposition issued by the African Union must therefore be the outcome of formal consultations, inclusive dialogue, and a duly adopted decision by Member States. Until such discussions take place and a common position is reached, the African Union Commission is obliged to maintain institutional neutrality and refrain from expressing positions that could be interpreted as prejudging the outcome of Member State deliberations.
The African Union remains committed to its foundational principles of respect for sovereignty, peaceful resolution of disputes, and the promotion of dialogue-led solutions to complex political questions on the continent.
The African Union Commission cannot speak on behalf of the AU regarding Somaliland’s recognition without prior discussion and agreement by Member States.
State recognition is a sovereign decision that must be determined collectively by AU Member States through the established organs of the AU. Until then, the Commission must remain neutral.
The African Union Commission has no legal or political mandate to take a position on the recognition of Somaliland in the absence of deliberation and consensus among AU Member States.
Under the Constitutive Act of the African Union, matters of sovereignty, territorial integrity, and state recognition are reserved for Member States acting collectively through the Assembly of Heads of State and Government.
Any statement issued without such consultation risks exceeding institutional authority and prejudging a matter that rightfully belongs to Member States. Until a common position is reached, the Commission is required to maintain neutrality and uphold established AU procedures.
The African Union Commission respectfully recalls that questions related to the recognition of states fall within the competence of AU Member States and require collective deliberation through the Union’s decision-making organs.
In the absence of formal consultations and an agreed position by Member States, the Commission is not mandated to articulate a position on the recognition of Somaliland. Accordingly, institutional neutrality must be maintained until such time as Member States reach a consensus.
This approach is consistent with the African Union’s Constitutive Act and its long-standing commitment to sovereign equality, dialogue, and consensus-based decision-making.
Within the African Union (AU) system, if a Chairperson of the African Union Commission is considered to have acted beyond their mandate—for example, by taking a position on Somaliland recognition without Member State deliberation—there are specific institutional remedies and decisions that Member States may take. These are political and administrative, not judicial.
Below are the realistic and lawful options available under AU practice:
- Formal Reprimand or Censure
Decision-making body:
AU Assembly of Heads of State and Government
OR the Executive Council (Foreign Ministers)
What it means:
An official decision stating that the Chairperson exceeded their mandate.
Reaffirms that such matters require Member State consensus.
Becomes part of AU’s official record impact:
Political damage to the Chairperson’s authority
Sets a precedent limiting future unilateral actions.
- Directive to Retract or Clarify the Statement
Decision-making body:
Executive Council or AU Assembly
What it means:
The Chairperson may be instructed to withdraw, correct, or clarify the statement
Reasserts institutional neutrality Impact:
Immediate correction of the AU’s public position
Often the most common and practical response.
- Restriction of Mandate or Authority
Decision-making body:
AU Assembly, What it means:
Adoption of a decision limiting the Chairperson’s discretion on sensitive political matters
Requires prior authorization before issuing statements on sovereignty or recognition issues
Impact:
Reduces the institutional autonomy of the Chairperson.
Strengthens Member State control.
