Treaty Series No. 44 (1960)
AGREEMENT BETWEEN THEGOVERNMENP 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 II
(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.
ARTICLE III
- 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 asmembers 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 orseniority or placed under their command.
(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 Kingdom of Great Britain and land &
Northern Ireland :
E. BROMLEY.
For the Government of Somaliland
M. I. EGAL.
A. DUALEH.
A. G. JAMA.
IBR NOOR.
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This was the nineteenth posting of a reproduction of a series of historical notes, articles, tracts and academic discourses to mark proud landmarks in the history of Somaliland from 1884 which highlight events leading to the country’s two independences of 1960 & 1991.
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Source: Somalilandlaw
