Introduction:
For a very long time everybody who is involved with Somali issues( including
the US, EU, UK, Turkey, Arab nations)the international community was wondering
if the southern Regions of Somalia called Jubbaland or Jubba regions(
Gedo,middle Jubba, South Jubba) will (ever)settle and get Peace? Who will
succeed in the Zero-Sum-Game to control the sovereignty, Institutions and
National Resources like OIL and GAS of those regions of Somalia? The Somali
National federal government or the Triad of Ethiopia-IGAD countries-UGANDA who
have Armies in Kismayo,Jubba regions of Somalia?
For me and this following analysis the Clans who won and the others who lost
within the contest of Leader-Making and institutions-making is not part of my
argument. Why in the agreement the so-called Clan- Community- are made a
“musical chair play” by making some Clans “ more equal than others”, with some
Clans “more powerful” thanks to their alliance, closeness to the Tigre Regime
of Ethiopia and IGAD countries Agenda to subdivide Somalia in a sovereign
Confederation of Clan-Enclaves.
Here I will try to analyze the articles of this agreement
and its literal, legal and political interpretation as they are in the
agreement signed in Addis-Ababa, Ethiopia. While taking some of articles of the
agreement for a legal political/ analysis I will touch in the meantime on the
different issue in the agreement vis-a- vis the Somali federal Constitution. On
such issues like Security in the federal system, Laws regulating the financial
management-taxation in general and regional state, Rule of law in the
constitution and in this agreement, federalism in general(What the Somali
communities wont and the Ethiopia-IGAD-Uganda Agenda). What are the norms to be
applied in the agreement in running the Trade, Land ownership including
agriculture, Education, Health, Public utilities like water and electricity of
the regions? What are the powers of the regional state Parliament? Who will
legislate these powers? The federal government or will be made by this new
authority? Who will allocate the quotas-members of the parliament for each
Clan-community-constituency? What are the powers of the executive? Who will
legislate it? Who will appoint the Judges and what will be the Organization of
the Judiciary? What will be the laws to be administered like the Penal Code,
Civil Code, administrative Laws etc. of the Somali Federal Republic or we are
going to have a Salafi interpretation as a Legal system? At the end I will try
to answer were we are going if this agreement is implemented as its now on the
issues of Institution- Building for regional states in a devolved federal
system.
The Preamble
of the Agreement:
I will not comment/analyze each one of
the preamble paragraphs but the most important without quoting them another
time.
The Jubba
delegation mentioned in this paragraph was only made up of the Ras-Kamboni
Clan-Militia groups who are the self-declared rulers of Kismayo-Lower Jubba
region, from the middle last year thanks to their Close alliance with Ethiopia
and Amisom Armies with which they fought against Al-Shabaab. Therefore from the
beginning the talks were biased and not representative of all the Clans-
communities of the three Regions (Lower Jubba, Middle Jubba and Gedo region).
Secondly the Somali federal government cannot be part of any agreement in which
Somali Clan- communities are involved as they were from different nationalities
of different countries in a third country. If the issue is reconciliation,
Institution-making it must be made on Somali national territory with mediation
made by Somali elders from every Clan-community and the Somali state which is the
sole sovereign representative of these communities.
The principles of this meeting were
those in the Communiqué of the meeting of IGAD heads of state adopted at its extraordinary
summit on 24th May 2013 held in Addis-Abeba,Ethiopia.From here we
can see how the Tigre-Ethiopian Ruling elites see Somali issues: different
nationalities which needs to be mediated but not as we see ourselves as One Somali Community.
The first of the principles is “Leadership of the government of the Republic of
Somalia in the process”. As I wrote before in my comment analysis of the
Kampala Communiqué I wonder Why the Somalis have to be ”given” the authority to
lead the affairs of their own Country? Why not say “ownership” of the process? This
means the so-called Somali federal government has accepted other regional
sovereign powers to “dictate” to it their “political agenda “without the
Consent of Somali Parliament and the Somali people-citizens. The second of the
principles is “Respect of the Provisional constitution of the federal Republic
of Somalia”. Why “Respect” ?The Somali federal government is the only authority
constitutionally in charge of the implementation and enforcement of all Somali
laws including the Somali provisional constitution.
Why not write as principle” Abide to the Somali Laws and federal organs’ of the
provisional Constitution”? The other controversial principle is written as” All
inclusive consultative process with the Peoples’ of Somalia”. We can see the
real Agenda of the Ethiopians which are to divide the Somalis in different “Somali
peoples” as they were from different nationalities with different Ethnic groups,
Religion and Culture. Somalis are one “People” as is also stated in the Provisional
Federal Constitution (art .1) and also One Ethnic group with one Religion Islam
and One Somali culture. The Somali federal government by accepting this “False statements”
on our Nationality is contravening the Pillars of the Somali federal Constitution
and being made party to conspiracies to subdivide the Somali people-citizens in
different Nationalities by making every Clan-Communities a New Ethnic group therefore
to bring in the concept of “Self-determination of Peoples” in International Law
sanctioned by the United Nations Charter. In that way the different Somali
clan-communities living in different regions in the future can request for “secession”
from the Republic of Somalia by being a different People- Nationality. The last of the so-called principles is” fighting
Al-Shabaab as the primary Focus of the Somali federal government, regional an
international partners”. It’s almost a joke. The Somali federal government cannot
have one focus and must have multiple agendas which the fight against Al-shabaab
is one of the majors but not the only one. There is the issue of Nation-Institution-Building,
fight against corruption and mismanagement, fight against cultural and
religious extremism, Reconciliation and transitional justice, Institution building
of the federal institutions like Army, Police, Intelligence, the economy, remaking
of all Somali Laws, etc. For IGAD bringing this silly paragraph is to cover up
the real issues facing our Somali Nation-State and in the meantime make the
Agenda of the Jubba Regional State only to fight Al-Shabaab . In that way the agreement
will not cover the real issues which we will see in the next pages.
(To be
continued)
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