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,National territory,Unity 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 representatives 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)
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