Kampala Communiqué:
Sell out of Somali National Sovereignty and self-government. (Part 1)
Here I will make a legal, political analysis of the last Kampala Communiqué and
its consequences on Somali Sovereignty (including the powers exercised by officers
representing the Government), Unity and territorial integrity of the Somali
federal Republic. First I will make a literal legal/political interpretation of
the articles of the Communiqué/Memorandum of Understanding signed by the Somali
government and heads of states and governments of the new Supranational Entity
called” Troops Contributing Countries (TCCs)” which from now on will be
“stakeholders”( not partners) with IGAD, Amisom on the future and destiny of
the Somali Clan-Communities/People-citizens represented by the Somali
government. The meeting was in Kampala, 4/ August 2013 and called “Towards a
harmonized approach by “the Stakeholders” in Building a Peaceful Somalia”.
I will take the most controversial articles at first and at end make
a wrap up of the totality of the articles of “new accord of Kampala” specially
what” The Summit Agreed”:
At article 15
“Decided”,” in accordance with the Provisional Federal Constitution of Somalia,
that the control of the Kismayo seaport and airport should be handed over to
the federal Government of Somalia”. My question is first which authority was
controlling these essential infrastructures of the Somali state? Secondly who
gave this Supranational Authority called TCCs to tell the Somali government what
to do or not do about their National infrastructures? When and where the
Somali Council of Ministers, Somali parliament have endorsed a Law making
Somalia member to this new grouping made up of the Countries contributing
troops to Somalia and decide for Somalia government policies? This troops
stationed in Somalia are sanctioned by a UN security Council resolutions
after the request of another supranational Authority called IGAD which
Somalia is member by an international agreement signed by the Regime
of Siad barre. But the request has been made under the
African Union which is the continental representative and recognized by the UN.
In other words these Troops are in Somalia under a UN mandate. In their mandate
they do not have any authority (political/administrative) on Somali national
infrastructures. Their mandate is to fight the Extremist group Al-Shabaab and
assist the Somali government in the security and assist in reestablishing their
own institutions be security forces or administrations with the utmost respect
for the Sovereignty and Unity/territorial integrity of the Republic of Somalia.
That the Amisom forces took under their control a Somali seaport and Airport
without the consent and approval of the Somali state is in contravention of
their Mandate and now a new Authority not sanctioned by the UN Security
Council “Deciding” on the Control of Somali National infrastructures in
Kismayo is in Contravention of the UN Mandate for AMISOM. Here I would
like to bring to the attention of the Somali-People that their government is
becoming part in a deception plan “giving authority” to a
Supranational Authority called TCCs in deciding on the fate of Somali national
infrastructures. In the same time “recognizing” indirectly the Illegal
control of the Somali National Infrastructures by AMISOM forces in Kismayo.
The Somali government is “sole representative” of Somali-people-citizens and
has the Will as a Sovereign power on all Somali Territory even when they do not
have an “effective military power over it”. In other words the Somali
government is the “sole legitimate and legal power” in Somalia recognized Under
International Law and is mandated by the provisional Constitution and they do
not need any agreement with foreign authorities in administrating directly its
own national infrastructures. This foreign powers (AMISOM) are under the
mandate of UN Security Council and are there” only with the consent” of the
“Sovereign” Somali government and with UN Mandate. The Somali government
legally is the” sole Authority” in charge of the port of Kismayo. “De facto” is
run by Armies under the mandate of Amisom but they are there under their
“Sovereign consent”. Why the Somali governments have to beg and be decided upon
on a territory and infrastructures which the Somali government represents? It
could be for two reasons: (1) If the Somalis officers representing the
government are inept and incompetent in not knowing their role as
representative of Somali sovereignty and the National /public interests of
Somalia or(2) They are corrupt and doing treasonable acts which are not
sanctioned by the Somali constitution and the programs of the Government.
(To be
continued.Part1)
Part ( 2)
At article
( 16) they agreed that” Stressed that in line with UN Security Council
Resolutions; the ban on the exportation of Charcoal should be adhered to”.
First let me explain that there was going an illegal export of charcoal from
the Port of Kismayo when the place was under the extremist group Al-Shabaab.
When the Amisom forces took control of the security of Kismayo town the illegal
export went on as usual and still the profits are divided between The Ras
kamboni Militia, (Salafist) business individuals and Al-Shabaab as have been
reported by the UN Monitoring group on Somalia and Eritrea mandate by the
Security Council.. Here in this article there is not any mention at all of this
criminal/terrorist financing activities going on at the port but to adhere to
the UN ban on Charcoal. Unfortunaly for the Somali people-citizens their
government has abdicated their sovereignty and given the TCCs to deliberate on
Somali sovereignty , governance and territorial issues in contravention
of Somali provisional Constitution. This issue is still hot in the media with
the Kenyan government (which Armies under the banner of Amisom control Kismayo)
reneging even on that distorted accord by saying through their representatives
that ‘they will not give up the control of the port and seaport for the time
being”. This will mean the Ras- Kamboni Militia allied to Amisom who is
self-declared Rulers of Kismayo will continue the Illegal export of charcoal,
dividing the profits from the export with Al-Shabaab and the (Salafist)
business cartels that represent the interests of Al-Shabaab in Kismayo town.
All in contravention of Somali national Laws, directives of Somali government
and the UN ban on the illegal export of charcoal from Kismayo.
At art.17 they agreed
“Decided that all Militias should be integrated into the Somalia National security
forces except those associated with Al-Shabaab which should be isolated”. Let
me explain that in Kismayo and Jubbaland regions there are different militias
with different “vested interests”, who vow allegiance to different clan-
communities and foreign powers plus rag-tag soldiers purporting to represent
the Somali government, and some of them trained, allied to Ethiopia and Kenya.
In this kaleidoscope of Militias and “vested interests” which all fought
against Al-shabaab in guerilla warfare, who can say some of them are
sympathizers to Al-Shabaab and isolated? Which criteria will be used and how we
can discriminate against some and take others? My conclusion is by being the
Ethiopian Chiefs of Staff being involved in the “operational decisions” of Amisom
Military Operations Coordination committee (MOCC) as agreed in art.33,the
clans-Communities which have refused and rebelled against the self-declared
Authority of Ras-Kamboni in Kismayo supported by Ethiopia and Kenya will
be “identified” as sympathizers of Al-Shabaab and isolated from joining the
“would be Somali Army”. The government of Somalia has abdicated its sovereignty
totally to the point that who is going to be a National Army Soldier is decided
in Ethiopia, Uganda, Kenya Chiefs of Army Staffs decision-making and not “sole
prerogative’ of Somali National Army Commander , government and
parliament, according to TCCs Communiqué.
(To be continued)
Part.
(3) At art. (18) the summit agreed:”Emphasized the
imperative of continued African Leadership and the need for Amisom to sustain
and strengthen its efforts to stabilize Somalia and reduce the threat of
Al-Shabaab”. In the Wikipedia encyclopedia the word “imperative” means as
adjective: expressing a command, directive. As noun means: an essential action,
a must. In this article the “continued African leadership” is a “must” and a “directive”
for the Somali government. Why the leaders of the troops contributing countries
(TCCs) and (IGAD) would like to subordinate their policies as “must” and “directive”
to the Sovereign Somali government? From 2004 at the first conference to
reestablish the “Somali failed state” in Nairobi the “African” leadership was
exercised by the Ethiopians via a group of Somali leaders nominated by them and
from 2006 the Ethiopian-Tigre Armies were inside Somalia with the tacit
approval of the international Community, African Union to fight the Union of
Islamic courts in which Al-Shabaab was the main group. The Ethiopians which
were involved with Somali internal politics from the 80” through the support and
arming of clan-based opposition groups, like the Salafist Al-ittixad political
movement which is the great-grand-father of Al-Shabaab, have had their policies
of divide and Rule of Somali clans-Communities and the establishment of
Clan-Communities so-called regional states rejected first by Somali communities
and secondly by the new regime of President Hassan Sheik when it came to power
in 2012. Meanwhile the US and UK-EU where made to believe that Amisom in
Somalia as peacekeeping forces mandated by UN( read UGANDA) was doing a great
job in the fight against Al-Shabaab therefore acquired lot of political capital
with the Somalis in general and the Ruling elites of Mogadishu. In reality from
2009 the Salafist Business Cartels of south-central regions -which controls all
the Economic activities of the country- made a deal with the Ruling Tigre
regime of Ethiopia that they will cut their financing of Al-Shabaab to degrade
their military power and be part of the project by Ethiopia to subdivide
Somalia in Clan-enclaves. Each with its own sovereignty and the Salafist
Business cartels will control as now all economic spheres and will share the
ownership of future ownership of Oil and Gas companies in those region-states
like Somaliland,Puntland,Jubbaland,Benadirland, Galmudugland,Baybakolland. But still some of the Business cartels are
still financing Al-Shabaab and they have also their own international networks.
We can see that all this time the Ethiopians-IGAD and the Ugandans later were
having almost total control of governance in Somalia (including Puntland and
Somaliland) and the latest foray/ interventions in Somali politics and also humanitarian,
international relations of countries like Turkey, Qatar, UK, Saudi Arabia and
in a major way the US administration recognition of Somalia as One State, have
disturbed and made nervous the Ethiopian-IGAD-TCCS regimes and their Hegemonic
Agenda for Somalia. This is the rationale for emphasizing and “directing” as “Must”
an African leadership in Somali governance sovereign issues. In that way the
brotherly nations of Turkey, all Arab nations to whom Somalia is part and
parcel and Muslim world with UK and US will be denied to assist and help the
Somalis to regain/control their own Sovereignty and be “owners of their own
National Resources”. The Agenda to subdivide Somalia in Clan-Enclaves called
all Lands with sovereignty is linked to the issues of OIL and Gas. The regime
of Siad Barre has for the last time 1989 re-signed old agreements of OIL and
Gas with big American companies which own most of the “concessional rights” all
over the Somali Republic. To change those “concessional Oil and Gas rights” Somalia
must be subdivided in at least five/or six sovereign Regional states. The
continued African leadership has the Agenda to subdivide Somalia and is sponsored
by countries like France, China, Russia and Italy.
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