INTRODUCTION:
This issue is very complex by the historical point of view and emotional for Somalis.Its the story of an "ONLF" Leader- an organization who militarily fights against ETHIOPIA for the rights-supposedly- of the Somali region of Federal Republic of ETHIOPIA but outlawed in ETHIOPIA.The person Abdikarim nicknamed "Qalbi Dhagax" had an Ethiopian passport and lived as they say in Mogadishu, which means Somali and Ethiopian intelligence knew about him. The Somali Government without due process and not having an extradition treaty with ETHIOPIA sent him back to Addis Ababa.Why they have done it? Did they have any justification under the law of Somalia or any other agreement? Why this issue is so emotional to Somalis? Why Social media-websites/news outlets have used it to attack the government in an unprecedented way?Why so-called opposition to the government- made mostly of MP's of "Damu Jadid" a pro-Salafist group and those allied with ETHIOPIA who are members of Somali Parliament and Senate- used it to bring motions in parliament to censure it and maybe try to change government? I will try to explain the reasons from the historical and political views, some legal points and see the different sides of the story.While I am writing this post already there have been a heated discussion at Somali federal parliament on 13/09/17 and been agreed that there will be a committee that will make recommendations for the parliamentarians.In the Upper house the debate have been remanded for the future after a vote.
The facts of the case of Abdikarim "Qalbi dhagax" as we know.
On 27 August appeared in media, mostly Somali websites that a member/leader of the ONLF has been arrested in Galmudug Clan Enclave/region and was in the town of Cadaado. Later days it was reported that he was transferred to Mogadishu taken by Somali NISA(Intellgence/counter-terrorism) agency and flown to Mogadishu with a plane.At end of August early September the websites still reported that he was transferred to Baidowa- South West Clan Enclave/region- where there is an Ethiopian contingent part of Amisom-AU mandated force for Somalia with UN security resolution-- and flown to Ethiopia by an Ethiopian plane.All without a word from Somali Government except they will give explanation to a later date. On 06/09/2017 the Somali government issued a press release after a meeting of the Council of Ministers and said for the first time that they have sent Mr. Abdikarim "Qalbi Dhagax" to Ethiopia based on two agreements signed by the Somali federal government ministers during the presidency of Mr. Hassan Sheik Mohamud. It was agreed on those agreements which have never been seen by Somali parliament and not known to Somali people-citizens that" the ONLF organization and Alshabaab were against the Security of both governments(States) and they will work together against them".
The arguments against the rendition .
This new government in Somalia has met the first hurdle in terms of media publicity and organized opposition by some MP's of the Damu Jadid -pro-Salafist- and members close to the Tigre regime of ETHIOPIA( this two groups were the ones supporting the failed re-election of former president Hassan Sheik last February). It almost like an upheaval against the government by this groups and the media.The Somali government unfortunately don't have a coherent communication strategy which includes- outlining to people-Citizens and Media in a clear cut way the basic goals and principles of the government. They totally failed in the media strategy although it recovered later when they sent out their political heavy weights on the airwaves and Somali TVs to explain in clever sound bites,breaking down issues,stating the government position and the reasons behind this rendition "based on the national security aspect and the dysfunctional/failed state condition of the Republic".
Those against the rendition say the following argument:
1-According to the constitution of 1961 any Somali from other parts of the region/states of the Horn is a Somali citizen when he came/settles to Somali Republic.This concept in the constitution is based on the greater Somalia advocated by the SYL political /liberation party of the 40" 50" 60". The Siad Barre regime took it further and went to war in 1977 like the governments of the 60".
2-Its against the constitutions of 2012/13 which states that any Somali citizen cannot be extradited without due process and court ruling.For them Abdikarim "Qalbi Dhagax" is a Somali citizen. Most importantly that Somali Republic do not have any extradition agreement with Ethiopia and goes against International Law like the convention against Torture.
3-That Mr. Abdikarim was a Muslim person and that goes against the principles of Islam to extradite him to ETHIOPIA.This argument was claimed by the pro-Salafist "Damu Jadid" bedfellows of the elites allied to ETHIOPIA.All this are fair arguments till we analyze them in detail.
The argument for the rendition.
1- The actual constitution refers to to the constitutions of 1961 on matters of human rights,State structures,sovereignty,Habeas corpus,Rule of law /legal system not on matter of citizenship and the issue of the National Security.But they are right when they say there is not any extradition treaty and is against the basic laws on Human Rights.
2- Its agenda of Jihadist to use Islam for manipulation and even Jihadist #Alshabaab/Salafist Business Cartels use slogans/Jihadist interpretation of Islam and have the agenda to subdivide Somalis in Clan Enclaves first and later will be the dominant Somali Ethnic group of a "Caliphate" for "all Muslims of the Horn of Africa" Therefore is wrong to bring in the issue of our religion Islam.Muslims live in different states in the Horn.( read my post "The New Political Map of the Somali speaking people of the Horn of Africa of June 2014")
3-Its an issue of State Nationality and not Somali ethnicity as the old constitution was based by not differentiating the state Nationality of a Somali person.
4- This person was of Ethiopian State/nationality and representing the interests of an Ethiopian-Somali organization not a Somali Republic organization.
5- Any agreement made by representatives of the Somali Republic -like the executive- if not illegal and illegitimate is binding to the Somali State. In this case ministers who have the authority to represent Somali government signed the agreements.Its legal and binding even (if its secret) and not brought to parliament. But Somali government must by Law bring all agreements and convention for the approval of parliament.
5- The issue of National Security was the main argument of those defending the actions of the Somali State.Somali Republic"has the rights to promote its policies promoting its national interests,security,welfare of its citizens".
Part 2:( to be continued).
This issue is very complex by the historical point of view and emotional for Somalis.Its the story of an "ONLF" Leader- an organization who militarily fights against ETHIOPIA for the rights-supposedly- of the Somali region of Federal Republic of ETHIOPIA but outlawed in ETHIOPIA.The person Abdikarim nicknamed "Qalbi Dhagax" had an Ethiopian passport and lived as they say in Mogadishu, which means Somali and Ethiopian intelligence knew about him. The Somali Government without due process and not having an extradition treaty with ETHIOPIA sent him back to Addis Ababa.Why they have done it? Did they have any justification under the law of Somalia or any other agreement? Why this issue is so emotional to Somalis? Why Social media-websites/news outlets have used it to attack the government in an unprecedented way?Why so-called opposition to the government- made mostly of MP's of "Damu Jadid" a pro-Salafist group and those allied with ETHIOPIA who are members of Somali Parliament and Senate- used it to bring motions in parliament to censure it and maybe try to change government? I will try to explain the reasons from the historical and political views, some legal points and see the different sides of the story.While I am writing this post already there have been a heated discussion at Somali federal parliament on 13/09/17 and been agreed that there will be a committee that will make recommendations for the parliamentarians.In the Upper house the debate have been remanded for the future after a vote.
The facts of the case of Abdikarim "Qalbi dhagax" as we know.
On 27 August appeared in media, mostly Somali websites that a member/leader of the ONLF has been arrested in Galmudug Clan Enclave/region and was in the town of Cadaado. Later days it was reported that he was transferred to Mogadishu taken by Somali NISA(Intellgence/counter-terrorism) agency and flown to Mogadishu with a plane.At end of August early September the websites still reported that he was transferred to Baidowa- South West Clan Enclave/region- where there is an Ethiopian contingent part of Amisom-AU mandated force for Somalia with UN security resolution-- and flown to Ethiopia by an Ethiopian plane.All without a word from Somali Government except they will give explanation to a later date. On 06/09/2017 the Somali government issued a press release after a meeting of the Council of Ministers and said for the first time that they have sent Mr. Abdikarim "Qalbi Dhagax" to Ethiopia based on two agreements signed by the Somali federal government ministers during the presidency of Mr. Hassan Sheik Mohamud. It was agreed on those agreements which have never been seen by Somali parliament and not known to Somali people-citizens that" the ONLF organization and Alshabaab were against the Security of both governments(States) and they will work together against them".
The arguments against the rendition .
This new government in Somalia has met the first hurdle in terms of media publicity and organized opposition by some MP's of the Damu Jadid -pro-Salafist- and members close to the Tigre regime of ETHIOPIA( this two groups were the ones supporting the failed re-election of former president Hassan Sheik last February). It almost like an upheaval against the government by this groups and the media.The Somali government unfortunately don't have a coherent communication strategy which includes- outlining to people-Citizens and Media in a clear cut way the basic goals and principles of the government. They totally failed in the media strategy although it recovered later when they sent out their political heavy weights on the airwaves and Somali TVs to explain in clever sound bites,breaking down issues,stating the government position and the reasons behind this rendition "based on the national security aspect and the dysfunctional/failed state condition of the Republic".
Those against the rendition say the following argument:
1-According to the constitution of 1961 any Somali from other parts of the region/states of the Horn is a Somali citizen when he came/settles to Somali Republic.This concept in the constitution is based on the greater Somalia advocated by the SYL political /liberation party of the 40" 50" 60". The Siad Barre regime took it further and went to war in 1977 like the governments of the 60".
2-Its against the constitutions of 2012/13 which states that any Somali citizen cannot be extradited without due process and court ruling.For them Abdikarim "Qalbi Dhagax" is a Somali citizen. Most importantly that Somali Republic do not have any extradition agreement with Ethiopia and goes against International Law like the convention against Torture.
3-That Mr. Abdikarim was a Muslim person and that goes against the principles of Islam to extradite him to ETHIOPIA.This argument was claimed by the pro-Salafist "Damu Jadid" bedfellows of the elites allied to ETHIOPIA.All this are fair arguments till we analyze them in detail.
The argument for the rendition.
1- The actual constitution refers to to the constitutions of 1961 on matters of human rights,State structures,sovereignty,Habeas corpus,Rule of law /legal system not on matter of citizenship and the issue of the National Security.But they are right when they say there is not any extradition treaty and is against the basic laws on Human Rights.
2- Its agenda of Jihadist to use Islam for manipulation and even Jihadist #Alshabaab/Salafist Business Cartels use slogans/Jihadist interpretation of Islam and have the agenda to subdivide Somalis in Clan Enclaves first and later will be the dominant Somali Ethnic group of a "Caliphate" for "all Muslims of the Horn of Africa" Therefore is wrong to bring in the issue of our religion Islam.Muslims live in different states in the Horn.( read my post "The New Political Map of the Somali speaking people of the Horn of Africa of June 2014")
3-Its an issue of State Nationality and not Somali ethnicity as the old constitution was based by not differentiating the state Nationality of a Somali person.
4- This person was of Ethiopian State/nationality and representing the interests of an Ethiopian-Somali organization not a Somali Republic organization.
5- Any agreement made by representatives of the Somali Republic -like the executive- if not illegal and illegitimate is binding to the Somali State. In this case ministers who have the authority to represent Somali government signed the agreements.Its legal and binding even (if its secret) and not brought to parliament. But Somali government must by Law bring all agreements and convention for the approval of parliament.
5- The issue of National Security was the main argument of those defending the actions of the Somali State.Somali Republic"has the rights to promote its policies promoting its national interests,security,welfare of its citizens".
Part 2:( to be continued).
