Kampala Communique :Sell-out of Somali National Sovereignty and self-governmnet.(Part1).

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)

No comments:

Post a Comment

#Somalia: WHY Dr abiy AHMED WENT TO MOGADISHU? FOR OIL & GAS...

#Somalia: WHY Dr abiy AHMED WENT TO MOGADISHU? FOR OIL & GAS... : INTRODUCTION:            On 16 June MR. Abiy  Ahmed PM of Ethiopia ...