Somalia Republic and “Somaliland” regional authorities becoming two different legal, “Sovereign entities”? Wait and see





Introduction

       From the last months of the former transitional government of President Sherif (2009-2012) there was meetings/negotiations between the Somali federal government and the regional “authority” of Somaliland regions. The government of former President  Sherif and the government of President Hassan Sheik which has been given a full recognition by the international Community like the UN, EU, US, Arab League as the “sole representative” of the sovereignty of the Somali Republic have both taken a “wrong legal, political approach” and strategy in meetings/negotiations vis-vis the regional “Somaliland” authority.
       Last Monday/Tuesday (8-9 June 2013) we had another meeting/negotiations in Turkey between two delegations representing the “two parties” as their spokesmen telling the Media and the Somali people-citizens.
First of all let me start with (1) what are the legal Constitutional principles which must guide the meetings/negotiations,(2) the format of the meetings,(3) including the Agendas during the negotiations.
Legal Constitutional Principles.

       One of the Somali federal government founding legal principles is the Rule of the Law (art 3).In other words every act/policy of the Somali government must be based on the Law and  in this special case on what the Constitution says. The article (4.C1) on the Supremacy of the Constitution says: “After the Shari’ah(Islamic Law principles) the Constitution of the Federal Republic of Somalia is the Supreme Law of the Country. It binds and guides Policy initiatives and decisions in all department of government.”
More to that at article (7) titled:” The territory of the federal Republic of Somalia “at (C1)” is written that “The sovereignty of the Fderal Republic of Somalia extends over all the territory of the federal Republic of Somalia which includes The Land, Territorial sea, the Islands, the Subsoil, the Airspace and the Continental shelf and any Land and Waters that join the federal Republic of Somalia. In accordance with a law that shall be passed by the federal parliament. Also (C2) says:” the Territory of the federal Republic of Somalia is Inviolable and Indivisible”;
At (C4) says” The boundaries of the federal Republic of Somalia shall be those described in the 1960 Constitution of Somalia”.
All this articles must be the guiding Constitutional principles of the Somali Federal Republic government in any act/policy or even negotiations. But unfortunately we can see that maybe for naivety or incompetence doubled by negligence they have not been considerate even before and during the so-called meetings/negotiations.  
       The format of the meetings were totally wrong because there not any consideration on what are meant this meetings/negotiations. On what protocols the two delegations were meeting? What is the legal definition of the Somali federal Republic in these meetings? That Somalia is the “sole sovereign power of Somalia which has been recognized under International Law”? What is the Legal definition of “Somaliland”? Where its territory and jurisdiction is situated? Under what legal definition they are at the meetings? Who recognized them?
       The Agendas of the meetings have never been agreed before hand and prepared by the Somali federal government.The Somali federal government has not got a clear plan of negotiations and what is the end-game except the concept of Unity and the recognition it enjoys as representative of Somalia including the regions of Somaliland and its people-citizens. While the regional authority of “Somaliland” has a clear two fold game plan of first getting “recognized” by participating in this meetings as a representative of “part of the Somali territory and its authority” which can  be used as a “Legal precedent “ in a Legal case at international Forums/Courts. The meetings are hosted by a third party like Turkey. Secondly to push as a second alternative in the negotiations for a Confederate system of Governance between Somalia and the regional authority of “Somaliland”. As Confederate I mean two different States with different sovereignty but under a Confederate system for Somalia. In that way “Somaliland” regions authority could have the rights to make new “ concessional Rights” for the Oil and Gas of the Awdal regions and Sool and Sanag regions which are also claimed by the self declared regional authority of Khatuma State which it says its part and parcel of the Somali Federal Republic.
The game plan of “Somaliland” regional Leaders came clear when they told the representative of the UN Mission for Somalia that he cannot work and open office in Hargeisa the capital city of the regional authority. In other words they are saying they are not in his mandate as they are not part and parcel of Somalia. What has always missed in their arguments was the legal basis for the “secession or separation”. Because their narrative was always based on political arguments like the Civil wars and the Human Rights abuses the Clan communities have suffered in the 80 under the Siad Barre regime. Now through these meetings/negotiations they are getting ammunition for a future legal challenge in International Courts of Law by being “party” to these meetings/negotiations.
The Somali Provisional Constitution.

       The Somali provisional constitution is the supreme law of the land and is quite clear what is says about Somali sovereignty and the legitimate representative of Somalia.
The Somali provisional Constitution although is incomplete the Constituent Assembly of the Elders have delegated the federal Parliament “to remake the Final draft”. But the Clan- Community representative as MP members of the regions of “Somaliland” are in the Somali federal parliament. In the executive they have they own share of seats as Ministers and also in the Judiciary.
The Act of Union of 1961 between the Colonial British Somaliland regions of Somalia and the Italian regions of Somalia are still valid and part of the Somali legal systems. The government of Hassan Sheik must be careful to handle legal  issues like this meetings/negotiations concerning the Unity of the Somali “federal “Republic. I use the word “federal” between brackets because till this Constitution is approved in an Act of an elected Parliament and   in a national Referendum, we are still”the Republic of Somalia legally”.

Back to the Drawing Board.

       The government of Hassan  Sheik Mohamud must go back to the drawing board and prepare a “White paper” on this negotiations with the regional authorities of “Somaliland”. When I say a “White paper” I mean  a document on the Strategy and Goals approved by the Council of Ministers  or even submitted and approved by the Somali federal Parliament. This strategy must be told to all Somali people-citizens who are the national stake-holders including all Clan- community from all regions of Somalia.
The strategy must be sub-divided in (1) Legal issues(2) Political issues (3) and Cultural and Economic issues which have been explored and researched by Somali professionals  on those sectors.
       If the things go on as they are now mixing political issues and legal issues and “ recognizing” indirectly the authority of the regions of “Somaliland” as “ party” or “legal entity” different from the “indivisible sovereignty” of the Somali federal Republic  there will be a “legal catastrophe” for the Unity and Territorial integrity of the Nation-State called  Somalia. Just to give you an example the control of the Airspace of Somalia falls under the jurisdiction of the Somali Federal Republic not regional Authorities who have the powers to deal directly with International  organizations  like the International Civil Authority.
But in the meetings/negotiations the authority of the regions of Somaliland has requested to control its regional “Airspace” as it was a “Sovereign Legal Entity”. What I know is the two “ parties” they even nominated a technical committee  to deliberate later on the subject.
This is not a “technical issue” but a “legal” one linked to the sovereignty of the Republic as our Constitution mentions itself. If there are different airspaces controlled by different authorities it will mean different Sovereign powers having Jurisdiction on the Somali Republic territory. If the Somaliland authority have its own Civil Aviation authority who shares the Powers to control the air spaces of that region it will also mean two different Sovereign States.
I hope the Somali federal government would understand that they do not have the “legal authority” to Change the Territorial integrity and Unity of Somalia if it’s not mandated by an Act of parliament and a National Referendum which all Somali people-citizens have voted in a free and fair manner.
       I suspect some of the entourage of President Hassan Sheik, the so- called Salafist group called “Damu Jadid”party, which controls this meetings/ negotiations  as Ministers who are the natural allies of the Somali Salafist Business cartels allied to what I call the hegemonic group of Ethiopia-IGAD are behind this “Legal catastrophe” .This “legal -political catastrophe “ in which the sovereignty ,territorial integrity and Unity of the Somali federal Republic is amended/changed is illegal and in contravention of the Somali Federal Constitution.
I do not believe the “Ruling Elites” of Mogadishu is not aware of this Big Blunder/Legal treason but there is a “legal soft coup” they planned and executed without the Knowledge of the Somali people-citizens. My conclusions is this meetings/negotiations are all linked and part of the Old Plans of Ethiopia –IGAD group and their sponsors of China,Iran,Russia,France and Italy to subdivide the Somali Republic in five or six new Sovereign states to get its Oil and Gas. Wait and see.












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