Kampala Communiqué: Sell out of Somali National Sovereignty and self-government.(Part 1&2)

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 Kiemayo) 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)