in connexion with the Attainment of Independence by Somaliland

77
Treaty Series No. 44 (1960)
SOMALILAND
Agreements
and Exchanges of Letters
between the Government of the
United Kingdom of Great Britain and Northern Ireland
and the Government of Somaliland
in connexion with the
Attainment of Independence by Somaliland
Hargeisa, June 26, 1960
Presented to Parliament by the Secretary of State for Foreign Affairs
by Command of Her Majesty
July 1960
LONDON
HER MAJESTY’S STATIONERY OFFICE
ONE SHILLING NET
Cmnd. 1101
99
CONTENTS
Page
Interim Agreement for a United Kingdom Aid Mission … … … 4
Public Officers Agreement … … … … … … 7
Agreement regarding Interim Arrangements in respect of the
Somaliland Scouts … … … … … … … 10
Exchange of Letters providing that, should the Government of
Somaliland be a party to any agreement transferring jurisdiction
over the territory of Somaliland to any other Government, such
agreement should provide that the obligations of the Government
of Somaliland in respect of certain specified instruments are
transferred to that other Government … … … … … 13
Exchange of Letters concerning the continued availability of currency
of the East African Currency Board in Somaliland for a transitional.,
period … … … … … … ., . … 14
INTERIM AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF SOMALILAND FOR
A UNITED KINGDOM AID MISSION
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Somaliland;
Have agreed as follows:-
ARTICLE I
In this Agreement-
(a) “.the appointed day ” means the 26th of June, 1960;
(b) “an officer who was the substantive holder of an office ” means an
officer who is not domiciled in Somaliland and who, before the
appointedday, was the substantive holder, whether on contract or on
pensionable terms, of an office in the Public Service of Somaliland
being a person-
(i) who was selected for or offered appointment to the Public Service
of Somaliland by one of Her Britannic Majesty’s Secretaries of
State; or
(ii) whose appointment was approved by one of Her Britannic
Majesty’s Secretaries of State; or
(iii) who had entered into an agreement with the Crown Agents for
Oversea Governments and Administrations to serve in any such
office; or
(iv) who (although not an officer falling within sub-paragraphs (i), (ii),
or (iii) of this paragraph) is or has been a member of Her
Britannic Majesty’s Overseas Civil Service or Her Britannic
Majesty’s Overseas Judiciary;
(c) “pension” means
(i) any pension, gratuity or compensation payable by the Government
of Somaliland to or, in respect of any officer including any
increase of pension; and
(ii) any pension including any increase of pension payable to the
widow or child of an officer and any contributions repayable and
interest payable to an officer under any law providing for payment
of pensions to widows and children of officers;
(d) ” compensation ” means any compensation, gratuity or retiring
allowance or benefit that may be granted under regulations made under
section 62 of the Somaliland (Constitution) Order in Council, 1960;
(e) “conditions of service” means the laws, rules, regulations , orders and
other instruments that regulate the terms of service of an officer
including , without prejudice to the generality of the foregoing, provision
4
/0g
relating to his tenure of office, transfer, promotion , disciplinary control,
salary ( including salary scales ), pension, compensation , allowances,
quarters . leave and passages.
ARTICLE If
(1) The Government of the United Kingdom, at the request of the
Government of Somaliland , shall arrange for the appointment of officers to
be available for civilian employment in the Public Service of Somaliland for
a period not exceeding six months from the coming into force of this
Agreement.
. (2) The Government of Somaliland has requested the Government of the
United Kingdom to arrange for the appointment of officers to be available
for the offices shown in the first and second columns of the Schedule attached
to this Agreement and the Government of the United Kingdom propose,
subject to the agreement of the officers concerned , to arrange for the
appointment of the officers shown in the third column of the said Schedule.
(3) Officers so appointed shall remain members of the Public Service of
Somaliland.
ARTICLE III
(1) The conditions of service applicable to an officer who was the
substantive holder of an office appointed in pursuance of Article II of this
Agreement shall be not less favourable than those which were applicable to
him immediately before that date.
(2) In particular and without prejudice to the generality of the provisions
of paragraph ( 1) of this Article , such an officer shall receive emoluments, the
net value, in sterling , of which calculated at the official rate of exchange
prevailing on the appointed day after deduction of any direct taxation on such
emoluments payable to the Government of Somaliland , shall be not less than
the net value so calculated of the emoluments payable to him immediately
before the appointed day.
ARTICLE IV
The entitlement of an officer appointed in pursuance of Article IT of this
Agreement to any compensation shall not be affected by his appointment or
otherwise by the provisions of this Agreement.
C
ARTICLE V
(1) The appointment of an officer in pursuance of Article II of this
Agreement may be terminated only by the Government of the United
Kingdom;
(2) Subject to the provisions of paragraph ( 1) of this Article , disciplinary
control ( including the right to suspend from duty) over any such officer shall
be exercised by the Government of Somaliland;
5
‘(3) Any-1such officer who is subjected to ‘disciplinary. measures by the
Government of Somaliland and who is aggrieved by. a decision- of that
Government shall have the right to make representations. through the’United
Kingdom representative in Somaliland to Her Britannic Majesty’s Secretary
of State for the Colonies and in the event of the latter supporting such
representations and the resultant dispute not being amicably disposed of, such
dispute shall be submitted to an Arbitral Tribunal. The Tribunal shall consist
of three persons, two of whom shall be nominated respectively by the
Government of Somaliland and by the Government of the United Kingdom
and the third who shall be the Chairman shall be nominated by the former
two members of the Tribunal, but such third member of the Tribunal shall
not be a citizen of Somaliland nor a citizen of the United Kingdom and
Colonies. The Somaliland Government and the Government of the United
Kingdom shall be bound by the Award of such Tribunal;
(4) The Government of Somaliland will ensure that any legislation
necessary to implement the provisions of this Article will be enacted.
ARTICLE VI
The Government of the United Kingdom shall, on behalf of the
Government of Somaliland, undertake the payment of the emoluments of
officers appointed in accordance with Article II of this Agreement, and of all
pensions and compensation payable by the Government of Somaliland during
the period of six months from the appointed day.
ARTICLE VII
The Government of the United Kingdom shall account to the Government
of Somaliland for all payments made under this Agreement.
ARTICLE VIII
This Agreement shall come into force on the date of its signature.
In witness whereof the undersigned, being duly authorised thereto, have
signed the present Agreement.
Done in duplicate at Hargeisa, this 26th day of June, ‘1960, in the English
language.
For the Government of the United For the Government of SomaliKingdom’ of Great Britain and land :
Northern Ireland :
T. E. BROMLEY. M. I. EGAL.
A. DUALEH.
A. G. JAMA.
IBR NOOR.
6
/03
PUBLIC OFFICERS AGREEMENT BETWEEN THE GOVERNMENT
OF THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN . IRELAND AND THE – GOVERNMENT OF
SOMALILAND
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Somaliland;
Have agreed as follows:-
ARTICLE I
In this Agreement-
(a) “the appointed day” means the 26th of June, 1960;
(b) ” officer ” means an officer who is not domiciled in Somaliland and
who, before the appointed day, was the substantive holder of a
pensionable office in the Public Service of Somaliland , being a
person-
(i) who was selected for or offered appointment to the Public Service
of Somaliland by one of Her Britannic Majesty’s Secretaries of
State; or
(ii) whose appointment was approved by one of Her Britannic
. Majesty’s Secretaries of State; or
(iii) who had entered into an agreement with the Crown Agents for
Oversea Governments and Administrations to serve in any such
office; or
(iv) who (although not an officer falling within sub-paragraphs (i),
(ii), or (iii) of this paragraph) is or has been a member of Her
Britannic Majesty’s Overseas Civil Service or Her Britannic
Majesty’s Overseas Judiciary.
(c) ” pension ” means-
(i) any pension, gratuity, compensation, disturbance grant or other
like retirement benefit payable by the Government of Somaliland
to or in respect of any officer including any increase of pension;
and
(ii) any pension including any increase of pension, payable to the
widow or child of an officer and any contributions repayable and
interest payable to an officer under any law providing for payment
of pensions to widows and children of officers.
(d) ” Substantive holder ” in relation to any office includes a person
serving in that office on probation but does not include a person (other
than a person serving under a probationary agreement) serving in that
office for a specified term under a contract.
ARTICLE II
(1) An officer who does not cease to be in the Public Service of
Somaliland before the appointed day shall be entitled to conditions of service
7
not less favourable than those applicable to him immediately before the
appointed day. –
(2) In this Article the expression ” conditions of service ” means the laws,
rules, regulations, orders and other instruments that regulate the terms of
service of an officer including, without prejudice to the generality of the
foregoing,. provisions relating to his tenure of office, transfer, promotion,
disciplinary control, salary (including salary scales), pension, allowances,
quarters, leave and passages.
ARTICLE III
An officer who does not cease to be in the Public Service of Somaliland
before the appointed day shall be entitled to retire and his eligibility and that
of his widow, children, dependants and personal representatives to receive a
pension shall be governed by the laws, regulations, and administrative
directions-in force immediately before the appointed day or by such other
laws, regulations. and administrative directions made thereafter that are not
less favourable: and pensions shall be granted and paid to such officers and
other persons accordingly.
ARTICLE IV
Pensions of officers who have ceased to be in the Public Service of
Somaliland before the appointed. day or to the widow, children, dependants or
personal representatives of such persons shall be granted and paid or, if
granted before that date, shall continue to be paid, in accordance with the laws,
regulations, and administrative directions governing those pensions
immediately before that date or in accordance with such other laws, regulations
and administrative directions made thereafter that are not less favourable.
ARTICLE V
(1) Pensions paid outside Somaliland on or after the appointed day shall
be paid in sterling and shall be calculated at the official rate of exchange
prevailing on that date between the pound sterling and the currency in use in
Somaliland notwithstanding any variation in that rate.
(2) Every officer who has been granted or is being paid a pension before
the appointed day shall exercise within six months of that date an option as
to whether his pension and any pension that may in due course become
payable to his widow, children, dependants or personal representatives, shall
be paid in Somaliland or outside Somaliland; provided that where no option is
exercised in respect of a pension in payment within six months after that date
an option shall be deemed to have been exercised for the payment of the
pension either in Somaliland or outside Somaliland according to where it was
being paid on that date.
(3) In every other case, an officer eligible for a pension shall exercise before
the award of his pension an option as to whether his pension and any pension
that may become payable to his widow, children, dependants or personal
representatives, shall be paid in Somaliland or outside Somaliland.
8
(4) Where, upon the death of an officer , a pension . becomes payable to his
widow, children , or any dependant, or to his personal representatives , an option
as to whether the pension shall be paid in Somaliland or outside Somaliland-
(a) may be exercised within one year of the death of that officer by the
pensioner; and
(b) shall , if so exercised , be substituted for the option ( if any) exercised by
that officer under paragraph (2) or paragraph (3) of this Article.
(5) An option exercised in accordance with this Article-
(a) shall be exercised by notice in writing; and
(b) shall be deemed to have been exercised on the date on which the notice
is received.
(6) In this Article ” pensioner” means the person entitled to the payment
of a pension or (if that person is a minor) means his or her lawful guardian.
ARTICLE VI
Where any person is entitled to exercise an option under or relating to any
law, regulation or administrative direction governing pensions, he shall for
.the purposes of this Agreement be deemed in exercising the option to have
.exercised it in the way more favourable to him.
ARTICLE VII
This Agreement shall come into force on the date of its signature.
In witness whereof the undersigned, being duly authorised thereto, have
signed the present Agreement.
Done in duplicate at Hargeisa, this 26th day of June, 1960. in the English
language.
For the Government of the United For the Government of SomaliKingdom of Great Britain and land:
Northern Ireland:
T. E. BROMLEY. M. I. EGAL.
A. DUALEH.
A. G. JAMA.
IBR NOOR.
.9
AGREEMENT BETWEEN THE . GOVERNMENP OF: THE UNITED
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
AND THE GOVERNMENT OF SOMALILAND REGARDING
INTERIM ARRANGEMENTS IN RESPECT OF THE
SOMALILAND SCOUTS
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Somaliland:
Considering that the Government of Somaliland have informed-the
Government of the United Kingdom that the Somaliland Scouts as maintained
and governed under existing legislation shall continue in being for an interim
period of six months following the attainment of independence by Somaliland
and that they are willing to provide funds within present limits for this
purpose, and that the Government of Somaliland have requested the
Government of the United Kingdom to provide certain United Kingdom
military personnel to be seconded for service with the Somaliland Scouts
during this interim period;
Considering that the Government of the United Kingdom have indicated
their willingness to make such personnel available, subject to the conditions
hereinafter specified, as part of their general assistance to Somaliland in the
interim period of six months following independence;
Have agreed as follows: –
ARTICLE I
In this Agreement:
(a) ” United Kingdom military personnel ” means commissioned officers,
warrant officers and non-commissioned officers of Her Britannic
Majesty’s Armed Forces, seconded for service with the Somaliland
Scouts under this Agreement;
(b) ” conditions of service ” means the laws, rules, regulations, orders and
other instruments that regulate the terms of service of United Kingdom
military personnel including, without prejudice to the generality of the
foregoing, provision relating to their tenure of office, transfer,
promotion, disciplinary control, salary (including salary scales), pension,
compensation allowances, quarters, leave and passages.
ARTICLE 11
(1) The Government of the United Kingdom shall at the request of the
Government of Somaliland and subject to the agreement of the personnel
concerned, second commissioned officers, warrant officers and noncommissioned officers of Her Britannic Majesty’s Armed Forces for service
with the Somaliland Scouts, within the present establishment, during an interim
period not exceeding six months from the coming into force of this Agreement.
(2) During the period of six months from the coming into force of this
Agreement the Commander of the Somaliland Scouts shall be the senior
British officer seconded for service with the Somaliland Scouts under this
Agreement.
10
/07
ARTICLE III-
(1)
‘
The conditions of service of United Kingdom military personnel shall
be similar to and not less favourable than those which were applicable
immediately before the coming into force of this Agreement.
(2) The emoluments of such personnel shall be paid by the Government
of the United Kingdom, on behalf of the Government of Somaliland.
(3) The Government of the United Kingdom shall account to the
Government of Somaliland for all payments made under this Agreement.
ARTICLE IV
(1) United Kingdom military personnel shall remain subject to United
Kingdom Service law at all times and shall be dealt with under this law
wherever applicable.
(2) Notwithstanding that United Kingdom military personnel shall be an
integral part of the Somaliland Scouts they shall; so that they may be dealt
with under United Kingdom Service law, be formed into a unit called
” United Kingdom Element, Somaliland Scouts ” and the Commander of the
Somaliland Scouts or, in his absence, the senior British seconded officer acting
in his place shall be the commander of this unit.
(3) If necessary a court martial under United Kingdom Service law may
be held locally and British officers may be brought into the country as
members of such a court. Essential witnesses may also if necessary be
brought into the country for the purpose of giving evidence at such a court.
(4) United Kingdom military personnel shall be subject to the law of
Somaliland other than Service law.
ARTICLE V
No United Kingdom military personnel will be required to take part in
military operations against a third country.
ARTICLE VI
(1) The Commander of the Somaliland Scouts, and through him the other
United Kingdom military personnel, shall receive their orders from the
appropriate Minister of the Government of Somaliland and they will obey
such orders, provided that such orders would, if given by anyone subject to
United Kingdom Service law, constitute lawful commands under that law
and do not conflict with the allegiance of such personnel to Her Britannic
Majesty.
(2) United Kingdom military personnel shall have power of command
over all officers and other ranks in the Somaliland Scouts junior to them in
rank or seniority or placed under their command. Similarly, other personnel
in the Somaliland Scouts will have power of command over all personnel
including United Kingdom military personnel junior to them in rank or
seniority or placed under their command.
11
(3) United Kingdom military personnel shall have the powers of discipline
over United Kingdom military personnel junior to them in rank or seniority
or placed under their command provided for under United Kingdom Service
law. Power of discipline over all other members of the Somaliland Scouts
shall be exercised by the Commander of the Somaliland Scouts.
ARTICLE VII
The Government of the United Kingdom reserve the right to withdraw
United Kingdom military personnel from service with the Somaliland Scouts
should conditions arise where they consider such action necessary.
ARTICLE VIII
United Kingdom military personnel shall be indemnified by the
Government of Somaliland for all sums paid or payable in respect of costs,
damages and any personal costs awarded against them in civil proceedings
arising out of accidents or incidents occurring during the performance of their
military duty.
ARTICLE IX
United Kingdom military personnel shall have the right to approach. the
appropriate representative of the Government of the United Kingdom in the
area on matters pertaining to their own Service or personal interests.
Normally such an approach shall be made to the Commander, Land Forces,
Arabian Peninsula, through the Commander of. the Somaliland Scouts who
will keep the Government of Somaliland informed on those matters concerning
their interests.
ARTICLE X
This Agreement shall come into force on the date of its signature.
In witness whereof the undersigned , being duly authorised thereto, have
signed the present Agreement.
Done in duplicate at Hargeisa , this 26th day of June , 1960, in the English
language.
For the Government of the United For the. Government of SomaliKingdom of Great Britain and land:
Northern Ireland :
T. E. BROMLEY. M. I. EGAL.
A. DUALEH.
A., G. JAMA.
IBR NOOR.
12
/07
Exchange of Letters providing that, should the Government of Somaliland
be a party . to any agreement transferring jurisdiction over the territory
of Somaliland to any other Government, such agreement should provide
that the obligations of the Government of Somaliland in respect of
certain specified instruments are transferred to that other Government
No. 1
Mr. T. E. Bromley to the Members of the Council of Ministers of Somaliland
British Consulate-General,
Your Excellencies, Hargeisa, June 26, 1960.
I have the honour to ask you to confirm on behalf of the Government of
Somaliland that, should they in anyway be a party to any agreement for, or
any instrument having the effect of, transferring, or confirming the transfer of,
jurisdiction over the territory of the Government of Somaliland, to any other
Government, such agreement or instrument shall provide that the obligations
of the Government of Somaliland in respect of the following instruments are
transferred to, and accepted by, that other Government, namely:-
(a) The Interim Agreement between the Government of the United
Kingdom of Great Britain and Northern Ireland and the Government
of Somaliland for a United Kingdom Aid Mission;
(b) The Public Officers Agreement between the Government of the United
Kingdom of Great Britain and Northern Ireland and the Government
of Somaliland;
(c) The Agreement between the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of Somaliland
regarding interim arrangements in respect of the Somaliland Scouts;
(d) The lease entered into on the 12th of April, 1960, between the
Government of the Somaliland Protectorate and the Minister of Works
of the United Kingdom.
I have the honour to propose that this letter and Your Excellencies’ reply
giving the confirmation aforesaid should constitute an Agreement between
the two Governments.
Please accept, &c.
T. E. BROMLEY.
No. 2
The Council of Ministers of Somaliland to Mr. T. E. Bromley
The Council of Ministers of Somaliland,
Your Excellency, Hargeisa, June 26, 1960.
We have the honour to acknowledge the receipt of your letter of to-day’s
date, which reads as follows :
[As in No. 1]
13
On behalf of the Government of Somaliland, we have pleasure in giving
the confirmation for which your letter asks and agree that Your Excellency’s
letter and this reply shall constitute an • agreement between the. two
Governments.
Please accept, &c.
M. I. EGAL.
A. DUALEH.
A. G. JAMA.
IBR NOOR.
Exchange of Letters concerning the continued availability of currency of
the East African Currency Board in Somaliland for a transitional
period
No. 1
The Council of Ministers of Somaliland to Mr. T. E. Bromley
The Council of Ministers of Somaliland,
Your Excellency, Hargeisa, June 26, 1960.
We have the honour to request that, following the attainment of
independence by Somaliland, the currency of the East. African Currency
Board (hereinafter described as “the Board “) should continue to be made
available for circulation in Somaliland for a transitional period until
provision can be made for its replacement. We propose that if Her Majesty’s
Government in the United Kingdom of Great Britain and Northern Ireland
agree to this request, arrangements should be made on the following basis:-
(a) The duration of the transitional period shall be a matter for
consideration by the Government of Somaliland and Her Majesty’s
Government, shall be only so long as is practicable and necessary,
and shall not in any event exceed 12 months beginning from to-day’s
date.
(b) During the transitional period :
(i) the Board shall use their best endeavours to ensure that an
adequate supply of currency notes and coins of the Board
continues to be available to meet the demand in Somaliland;
(ii) The Government of Somaliland shall not do any act or enact any
legislation which might prejudice the interests of the Board and
shall afford the Board such assistance as may be necessary.
If the above proposals are acceptable to Her Majesty’s Government, we
have the honour to suggest that the present letter and your reply to that effect
should constitute an agreement between the two Governments in this matter.
Please accept, &c.
M. I. EGAL.
A. DUALEH.
A. G. JAMA.
IBR NOOR.
14
Ill
No. 2
Mr. T. E. Bromley to the Members of the Council of Ministers of Somaliland
British Consulate-General,
Your Excellencies, Hargeisa, June 26, 1960.
I have the honour to acknowledge the receipt of your letter of to-day’s
date, which reads as follows:
[As in No. 1]
I have pleasure to confirm that the above proposals are acceptable to Her
Majesty’s Government who agree that your letter and this reply shall constitute
an agreement between the two Governments in this matter.
Please accept, &c.
T. E. BROMLEY.
15
19287-62 57262 Wt . 382/107 KIt 7 ) 60 F.O.P.
Printed and published by
HER MAJESTY’S STATIONERY OFFICE
To be purchased from
York House, Kingsway , London w.c.2
423 Oxford Street , London w.1
I3A Castle Street , Edinburgh 2
109 St. Mary Street , Cardiff
39 King Street , Manchester 2
Tower Lane, Bristol I
2 Edmund Street, Birmingham 3
80 Chichester Street, Belfast I
or through any bookseller
Printed in England