Abstract  

The airspace dispute between Somalia and Somaliland is intensifying, with both sides asserting their authority over the skies. Somaliland has accused Somalia of “air piracy” and claims to have taken measures to secure its airspace sovereignty. Recently, Somaliland informed the international community about the ongoing conflict, alleging that Somalia is deliberately disrupting regional air traffic. Somaliland reports that approximately 40% of international airlines are complying with its new flight regulations issued from Hargeisa.

Somaliland has also banned the use of electronic visas issued by Somalia within its territory, with the Somaliland President denouncing the visas as “illegitimate”. Meanwhile, Somalia insists that it maintains overall control of Somali airspace. Somaliland has mandated that aircraft operating within its airspace must obtain permission from the Somaliland Ministry of Civil Aviation, threatening to divert non-compliant flight.

Related: Somalia, Somaliland spar again over visas and airspace

This comprehensive analysis, “Somalia-Somaliland Airspace Conflict: Recent Developments,” authored by Dr. Hassan , Academic Director of Al-Huda University in Somaliland, investigates into the increasingly contentious dispute over airspace control between Somalia and Somaliland.

The paper examines the core issues, historical context, and international legal dimensions of this conflict, which has significant implications for regional stability, international aviation, and the sovereignty claims of both entities.

The study begins by outlining the current state of affairs, where Somaliland accuses Somalia of “air piracy” and asserts its right to manage its own airspace, citing its de facto independence and compliance with international standards. Somalia, however, maintains its claim over unified Somali airspace. This introduction sets the stage for a deeper exploration of the historical backdrop, tracing the evolution of airspace management from ICAO oversight following Somalia’s collapse in 1991 to the present-day standoff.

Related: Root of the Conflict: The E-Visa Order

 

The analysis further investigates the role of external actors, particularly China’s growing involvement in Somalia’s aviation sector, raising concerns about potential geopolitical implications and the risk of exacerbating the conflict. It also assesses the muted responses from the United States and the European Union, highlighting the international community’s cautious approach to the dispute.

Related: Dangerous: Somaliland and Somalia war poses a threat to airspace

A critical component of the paper is its examination of international law, specifically the Chicago Convention on International Civil Aviation and the Montevideo Convention on statehood. Dr. Hassan  explores how these legal frameworks relate to Somaliland’s claim to independent airspace management, considering both the potential advantages and limitations imposed by the lack of widespread international recognition.

Finally, the analysis addresses the impact of the conflict on regional stability and air travel safety, emphasizing the need for a peaceful and sustainable resolution. It explores various potential pathways forward, including mediation by international organizations such as the UN, ICAO, and IATA, as well as the possibility of a joint airspace management system.

Ultimately, this article provides a multifaceted perspective on the Somalia-Somaliland airspace conflict, offering valuable insights into the legal, political, and practical considerations that must be addressed to achieve a lasting resolution that ensures the safety and efficiency of air travel while respecting the legitimate interests of all stakeholders.

Literature Review: Global Developments and the Somalia–Somaliland Civil Aviation Conflict — Visa Requirements and Data Security

The dispute between Somalia and Somaliland over civil aviation control intersects with wider global trends in aviation governance, data management, and border regulation. Existing research highlights three relevant domains: international civil aviation authority structures, state‑building and territorial contestation, and emerging issues in data security and visa‑system digitisation.

 

Globally, civil aviation management has increasingly shifted toward digital, centralised, and data‑intensive systems. Studies note that post‑2000 developments in ICAO standards—especially regarding passenger data, biometric verification, and secure air navigation infrastructure—have made aviation governance both a sovereignty issue and a cybersecurity challenge (Klein 2021; ICAO 2023). These shifts influence how fragmented or contested states manage their airspace and passenger‑data frameworks.

Research on global civil aviation governance increasingly emphasizes the interaction of political authority, technological change, and cross‑border data management. These themes provide a backdrop for analysing the Somalia–Somaliland conflict, where airspace control, visa regimes, and data security intersect within a contested sovereignty environment.

2.1 . Global Developments in Civil Aviation Governance

A large body of scholarship highlights how airspace management has evolved alongside wider geopolitical and technological transformations. Authors argue that civil aviation has shifted from a primarily technical domain to a strategic governance arena shaped by international law, regional cooperation, and digital innovation (Button 2020; Salter 2019). ICAO reforms over the past two decades have expanded requirements for air navigation modernization, integrated communication systems, and secure passenger-data protocols (ICAO 2023).

With the rise of digital identity tools, biometric passports, and electronic travel authorizations, states increasingly integrate aviation security with immigration control and cross‑border databases (Müller 2021). This global trend makes unified governance essential for safe and efficient airspace management—an issue complicated in regions where political authority is contested.

. Airspace Control and Political Contestation

Scholars studying governance in disputed or fragile contexts indicate that airspace control is not merely administrative but deeply linked to sovereignty and international recognition (Gelot & De Carvalho 2020). In the Horn of Africa, Somalia’s state‑rebuilding process and Somaliland’s pursuit of international recognition have placed civil aviation at the center of national identity and fiscal autonomy (Menkhaus 2014; Walls 2017).

Historical accounts show that following state collapse in 1991, ICAO and UNDP temporarily oversaw Somali airspace through the Civil Aviation Caretaker Authority of Somalia (CACAS). Although CACAS offered technical continuity, its eventual dismantling triggered disputes over how airspace authority and revenues should be transferred (Hersi 2020). Somaliland, having developed separate administrative structures, resisted reintegration into a Mogadishu-based system, citing mistrust, lack of revenue transparency, and political marginalisation (Hassan 2021).

2.3. Visa Requirements, Border Regimes, and Sovereignty Claims

Visa systems reflect national sovereignty, and countries often use visa policies as tools to assert political autonomy or recognition (Neumayer 2018). Somaliland’s issuance of independent visas—accepted by a limited set of actors—has been interpreted both as a practical border-control measure and a symbolic statehood claim (Bryden 2020). Meanwhile, Somalia’s internationally recognized government maintains centralized immigration databases and seeks to integrate airspace and visa systems in line with ICAO standards.

Comparative studies show that dual or competing visa regimes within a single internationally recognized territory often result in inconsistencies in passenger screening, difficulties in airline compliance, and ambiguity regarding legal authority (Karsavuran 2020). These problems are especially acute in politically fragile regions, where the risk of disputed documentation and fragmented data infrastructures is high.

4. Aviation Data Security and Digital Vulnerabilities

The Somalia–Somaliland context reflects this pattern: Somaliland issues its own visa policies and electronic entry systems, while Somalia manages internationally recognized aviation databases and PNR data flows. Because secure civil aviation increasingly depends on unified data architectures, fragmented governance creates operational and political friction, particularly around aircraft routing, passenger clearance, and data protection.

Overall, global developments—digitization of aviation systems, biometric data requirements, and strengthened airspace governance norms—intensify the significance of the Somalia–Somaliland aviation conflict. Visa‑system divergence and data‑security vulnerabilities remain core barriers to cooperative aviation management and safe regional integration.

The digitization of civil aviation has brought data protection to the forefront of aviation security studies. Research highlights that passenger name records (PNR), biometric data, and air navigation data require robust cybersecurity frameworks, often lacking in fragile states (UNODC 2021; Abdi 2024). Scholars argue that the weakest link in a multi‑state aviation system can compromise the entire security chain (Marten 2022).

In the Somalia–Somaliland context, the lack of harmonized data protection laws and secure ICT architecture heightens vulnerability. Somaliland’s independent systems, while functioning locally, lack recognized international data‑sharing frameworks. Somalia’s systems, though aligned with ICAO, face institutional and infrastructural weaknesses associated with post‑conflict state reconstruction (Elmi 2023).

This fragmentation creates security gaps during passenger screening, visa verification, and airspace management, as databases cannot be reliably synchronised. Scholars emphasise that unresolved disputes over who controls aviation data—particularly sensitive biometric and PNR information—pose both political and cybersecurity risks (Balthasar 2021).

2.4 . Regional and International Implications

Civil aviation disputes rarely remain isolated. Studies of airspace conflicts in Cyprus, Kosovo, and Western Sahara demonstrate that contested governance leads to operational inefficiencies, safety risks, and diplomatic tensions (Ker‑Lindsay 2020). For international airlines, uncertainty over regulatory authority creates compliance challenges and potential liabilities.

In the Horn of Africa, the aviation conflict intertwines with broader security dynamics, including counterterrorism cooperation and regional integration efforts under IGAD and the African Union (Williams 2018). Scholars warn that data‑security weaknesses in contested regions may be exploited by transnational criminal networks or extremist groups, elevating the strategic importance of unified aviation governance (Leighton 2022).

 

 

Recent Developments in Somalia-Somaliland Civil Aviation Conflict: Visa Requirements and Data Security

Visa on Arrival Updates: IATA (International Air Transport Association), Ethiopian Airlines, and Fly Dubai have announced that passengers traveling to Hargeisa and Berbera airports in Somaliland do not need to obtain an E-visa in advance and can instead obtain a visa on arrival. The Somaliland government has declared this a victory in its dispute with Somalia, asserting that travelers to Somaliland do not need to obtain the E-visa issued by Somalia.

Somalia E-Visa Data Breach: The U.S. Embassy has reported a data breach of Somalia’s online E-visa system, with approximately 35,000 applicants’ information potentially compromised. The leaked data reportedly includes names, photos, dates of birth, marital status, home addresses, and email contacts. There are concerns that this breach may include the data of U.S. citizens. This is a significant concern, as the Somali government’s inability to protect the data of E-visa applicants has been criticized. The UK government has also issued warnings to travelers.

Historical back ground.

Somaliland views Somalia as the “primary instigator” of disruptions affecting regional flights, accusing Mogadishu of hostile actions that undermine Somaliland’s peace and stability. Somaliland accuses Somalia of “airspace piracy” and misleading international airlines. They claim Somalia’s actions are a political effort to punish and pressure the people of Somaliland. Somaliland’s government believes Somalia is deliberately disrupting regional air traffic operations. They also accuse Somalia of waging “wars and engaging in actions that undermine peace, democracy, and the very existence of the Republic of Somaliland”.

The airspace dispute dates back to the early 1990s when Somaliland declared its independence from Somalia following the collapse of the Somali government in 1991. The resulting lawlessness led the International Civil Aviation Organization (ICAO) to manage the airspace from Nairobi, Kenya. Somalia and Somaliland have a history of disagreements over airspace control, including accusations of Somalia monopolizing control and misappropriating funds. Somaliland has accused Mogadishu of misusing millions of dollars in air traffic management funds. Somaliland also claims that Somalia has not honored agreements on air traffic management and has failed to provide Somaliland with the agreed-upon equipment. Somaliland banned all UN flights from its airports in 2013, protesting Mogadishu’s control of Somalia’s airspace.

Somaliland asserts its right to manage its own airspace, citing its compliance with international civil aviation standards. They argue that Somalia’s control of the airspace is an “error” that must be rectified. Somaliland has communicated its position to international organizations and countries.

Somalia officially regained control of its airspace from the International Civil Aviation Organization (ICAO) on December 28, 2017, after nearly 27 years. ICAO had been managing Somalia’s airspace since 1991, following the collapse of the central government and the outbreak of civil war. During this period, the Mogadishu Flight Information Region (FIR) was administered by ICAO from Nairobi, Kenya. In 2018.

The Somali government relocated air control personnel from Nairobi to Mogadishu. After the two governments of Somaliland and Somalia agreed to jointly manage the transferred airspace, they agreed to establish a joint administration comprised of both governments, to be managed from Hargeisa. However, Somalia forcibly and illegitimately seized control of the matter, declaring that it would manage it alone. This is something Somaliland has never been happy with.”

China’s Support for Somalia

China has recently announced its intention to assist Somalia in developing its transportation and civil aviation sectors. This support is part of a broader collaboration between the two countries and is expected to significantly contribute to the development of Somalia’s aviation infrastructure. However, questions arise regarding the timing of this agreement and whether China’s involvement might lead to it taking sides in the dispute and potentially interfering in Somaliland’s airspace. Some reports suggest China’s influence in Somalia is growing, leading to concerns about Somalia using airspace control as a political tool.

Responses from the US and EU

The United States and the European Union have not yet officially commented on the airspace dispute between Somalia and Somaliland. Both, however, have cautioned their citizens against traveling to Somalia due to the complex security situation. Despite the lack of official statements, there are indications that the international community is concerned about the situation and is urging both parties to work together to find a lasting and equitable solution.

ICAO and IATA and UN stance

The UN, ICAO, and IATA are primarily focused on maintaining the safety and security of air travel in the region. ICAO has a history of direct involvement in managing the airspace and has, at times, facilitated negotiations between Somalia and Somaliland. IGAD is more broadly concerned with regional stability and has urged peaceful resolution of the disputes. Somaliland has been actively appealing to these organizations to intervene to ensure its airspace sovereignty and the safety of air traffic

Somaliland has submitted complaints to the UN regarding Somalia’s actions in controlling the airspace. They have urged the UN to intervene and prevent potential dangers arising from Somalia’s attempts to control Somaliland’s airspace, emphasizing the direct effects on the safety and stability of international civil aviation.

Impact of the Conflict

This conflict is undermining regional stability and could negatively impact international travel. Reports indicate that the dispute has already caused flight delays and disruptions, and there are fears that the situation could worsen without a resolution. The International Air Transport Association (IATA) has stated that no airline would fly in “unsafe airspace”. Some airlines are avoiding Somali airspace altogether to reduce operational risk, while others advise passengers to secure travel documents from both authorities.

how international law relates to Somaliland’s claim to manage its own airspace:

8.1 . Sovereignty and Airspace

Core Principle: The Chicago Convention on International Civil Aviation (1944) is a cornerstone of international air law. Article 1 of this convention states that “every state has complete and exclusive sovereignty over the airspace above its territory”. This principle is also considered customary international law.

Territory Definition: The “territory of a State” includes land areas and adjacent territorial waters.

Implications: This sovereignty gives a state the right to control aircraft movement within its airspace, establish regulations, and enforce air traffic control.

8.2 . Statehood Criteria

Montevideo Convention (1933): This convention codifies the traditional criteria for statehood in international law. A state must possess:

A permanent population

A defined territory  (though border disputes don’t necessarily preclude statehood

A government

The capacity to enter into relations with other states

Somaliland’s Argument: Somaliland argues it meets these criteria, functioning as a de facto state with its own institutions and administration since 1991. It maintains a permanent population, a defined territory, a functioning government, and the capacity to engage in international relations.

8.3 . Recognition

Political Act: Recognition of a state is a political decision made by other countries. There’s no international law that forces a state to recognize another.

Declaratory vs. Constitutive Theory:

Declaratory: Recognition is simply an acknowledgement of an existing reality – that the entity already meets the criteria for statehood.

Constitutive: Recognition creates the state. This theory is less supported in international practice.

Somaliland’s Challenge: Somaliland lacks widespread international recognition, which limits its direct participation in many international legal frameworks.

8.4 . Customary International Law

Binding Norms: Even without widespread recognition, Somaliland is bound by certain norms of customary international law. These are unwritten rules arising from “a general practice accepted as law”.

State Practice and Opinio Juris: Customary international law requires:

“Sufficiently widespread, representative, and consistent” state practice.

–  A belief that states are legally obligated to follow the practice (opinio juris).

8.5. Somaliland’s Specific Arguments

Historical Title: Somaliland argues it briefly possessed statehood in 1960 after independence from the UK, before its union with Somalia. It claims the agreement for the union was flawed.

Self-Determination: Somaliland argues its secession from Somalia was justified due to the collapse of the Somali government and subsequent events.

Uti Possidetis: This principle presumes that new states created from the dissolution of existing countries will have frontiers conforming to prior internal administrative divisions. Somaliland’s borders align with the former British Somaliland protectorate.

8.6. Counterarguments & Limitations

Sovereignty of Somalia: The international community generally recognizes the sovereignty, territorial integrity, and unity of Somalia.

Lack of Recognition: The absence of widespread recognition weakens Somaliland’s ability to fully exercise the rights of a sovereign state under international law.

Airspace Management: advantageous to Somaliland’s position

The Chicago Convention on International Civil Aviation affirms Somaliland’s right to independently manage its airspace, as it functions as a de facto independent state. No international law prevents Somaliland from governing and controlling its territory, including its land, sea, and airspace.

9.1 Important Considerations to Somaliland’s position:

Lack of Recognition: The biggest challenge for Somaliland is the lack of widespread international recognition. While it can argue it meets the criteria for statehood, recognition is a political act by other states.

Somalia’s Sovereignty: The international community generally recognizes the sovereignty and territorial integrity of Somalia, which includes its airspace.

Need for Cooperation: Even if Somaliland has a legal basis for controlling its airspace, practical implementation requires cooperation with neighboring states and international aviation organizations to ensure safety and efficiency.

Somaliland’s Argument: Somaliland argues it briefly possessed statehood in 1960 after independence from the UK, before its union with Somalia. It claims the agreement for the union was flawed.

Self-Determination: Somaliland argues its secession from Somalia was justified due to the collapse of the Somali government and subsequent events.

Uti Possidetis: This principle presumes that new states created from the dissolution of existing countries will have frontiers conforming to prior internal administrative divisions. Somaliland’s borders align with the former British Somaliland protectorate.

The Potential Impact of the Data Breach on Somalia

The data breach could expose Somalia to significant financial liabilities. Individuals whose data was compromised may seek compensation from Somalia, arguing that their sensitive information was exposed due to the nation’s inability to securely protect it. Despite this lack of security, Somalia sought to collect this data, allegedly to inconvenience travelers to Somaliland and to generate revenue from visitors, particularly from the Somali diaspora in Europe and America, who contribute billions of dollars annually to the Somali economy. There are fears that those affected by the data breach may file lawsuits against the Somali government, potentially resulting in millions of dollars in damages.

Furthermore, airlines that were previously diverted from Somaliland’s airspace due to the e-visa dispute may also seek compensation, potentially adding millions more in claims against Somalia. Such legal challenges could place an unbearable financial strain on Somalia, a country already heavily reliant on international aid to cover essential government expenses, including salaries for security forces and public employees.

10.1 Additional Information:

The recent data breach of Somalia’s e-visa system has raised serious concerns about the country’s cybersecurity infrastructure and data protection measures. The breach, which reportedly compromised the personal data of over 35,000 travelers, including passport information, has been described as a “digital coup” and a “national security disaster”  This incident highlights the fragility of governance in a state increasingly reliant on digital systems.

The United States and the United Kingdom have issued warnings about the breach, advising travelers to consider the risks before applying for a Somali e-visa. The Somali government has not yet commented on the breach, but it has shifted its visa service from one domain to another without explanation.

This data breach occurs against a backdrop of existing political tensions between Somalia and Somaliland, particularly concerning airspace control and immigration authority. Somaliland has enforced full control of its airspace, further complicating the situation. The e-visa system, intended to modernize immigration and strengthen border management, has instead fueled political disputes and travel disruptions.

Somalia does have a Data Protection Act that was enacted in March 2023. The Act establishes a legal framework for data protection, including the rights of individuals, the obligations of data controllers, and the creation of an independent data protection authority. However, the recent data breach suggests that the implementation and enforcement of these regulations may be lacking.

Financial Implications for Somalia:

Somalia’s economy is fragile and heavily dependent on international aid and remittances. The country faces numerous economic challenges, including political instability, infrastructure deficits, and high youth unemployment. A large financial payout resulting from data breach lawsuits could further destabilize the economy and hinder development efforts. The US has provided significant aid to Somalia. In 2023, the US committed $1.18 billion in foreign aid to Somalia. The EU also provides humanitarian funding.

 

Steps Towards Resolution

A viable solution necessitates the intervention of the UN, ICAO, and IATA to mediate the dispute. This could involve granting each government the autonomy to manage its airspace independently, fostering a durable resolution that guarantees the safe passage of aircraft through both Somali and Somaliland airspace. This approach would require establishing clear boundaries and communication protocols to prevent conflicts.

Another alternative involves temporarily returning control of the airspace to ICAO  . This would ensure neutral management and compliance with international aviation standards while Somalia and Somaliland negotiate a long-term agreement. ICAO’s expertise could provide a framework for resolving the dispute and restoring confidence in the safety and security of the airspace. ICAO has successfully mediated similar disputes in other regions, such as Kosovo and Cyprus, by focusing on safety and technical solutions rather than political issues.

A joint airspace management system, potentially headquartered in Hargeisa, with representatives from both Somalia and Somaliland, could also be explored. This would require both parties to commit to cooperation and shared responsibility.

Ultimately, the priority should be to ensure the safety and efficiency of air travel while respecting the concerns and interests of both Somalia and Somaliland. The international community must actively engage to facilitate dialogue and prevent further escalation of the conflict.

Despite the tense situation, efforts are underway to resolve the conflict. Leaders from Somalia and Somaliland have met to discuss the issue, and further talks are expected. The international community is also encouraging both sides to engage in constructive dialogue to reach a fair and sustainable agreement. Somaliland has called on the international community, the United Nations, and global aviation bodies to urgently intervene in the dispute.

It is important to remember that this conflict is complex and has a long history. However, through dialogue and cooperation, a solution that promotes stability and prosperity for both sides is possible.

Summary:

This document prepared outlines the escalating airspace conflict between Somalia and Somaliland. Somaliland accuses Somalia of “air piracy” and asserts its own airspace sovereignty, while Somalia maintains its claim over all Somali airspace. The conflict has historical roots, stemming from Somalia regaining control of its airspace from ICAO in 2017 after decades of ICAO management following Somalia’s civil war. An initial agreement for joint management from Hargeisa was allegedly violated by Somalia.

The paper highlights China’s recent support for Somalia’s aviation sector, raising concerns about potential interference in the dispute. The US and EU have yet to officially comment but have issued travel warnings for Somalia. The UN, ICAO, and IATA are focused on maintaining air travel safety, with ICAO having a history of involvement in managing Somali airspace. Somaliland has appealed to these organizations for intervention.

The data breach could expose Somalia to significant financial liabilities. Individuals whose data was compromised may seek compensation from Somalia, arguing that their sensitive information was exposed due to the nation’s inability to securely protect it. Despite this lack of security, Somalia sought to collect this data, allegedly to inconvenience travelers to Somaliland and to generate revenue from visitors, particularly from the Somali diaspora in Europe and America, who contribute billions of dollars annually to the Somali economy. There are fears that those affected by the data breach may file lawsuits against the Somali government, potentially resulting in millions of dollars in damages.

The conflict undermines regional stability, disrupts international travel, and raises safety concerns. Potential resolutions include UN, ICAO, and IATA mediation, granting each government independent airspace management, or temporarily returning control to ICAO until a long-term agreement is reached. A joint management system based in Hargeisa is also suggested. The document emphasizes the need for dialogue, cooperation, and international engagement to find a lasting solution that ensures safety and respects the interests of both Somalia and Somaliland.

Somaliland has a strong argument under international law for managing its own airspace, based on its claim to statehood, its fulfillment of the Montevideo Convention criteria, and the principle of airspace sovereignty. However, the lack of international recognition significantly hinders its ability to fully assert these rights. The international community’s continued recognition of Somalia’s sovereignty further complicates the situation. A resolution likely requires a negotiated settlement, potentially involving international mediation, to balance the competing claims and ensure the safety and efficiency of air travel.

Prepared by Dr. Abdi Abdillahi Hassan(Mataan), Acadamic Director of Al-huda University in Somaliland.

 

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