#Somalia: Somalia Republic and “Somaliland” regional authori...

#Somalia: Somalia Republic and “Somaliland” regional authori...: Introduction        From the last months of the former transitional government of President Sherif (2009-2012) there was meeti...

#Somalia: Somalia Republic and “Somaliland” regional authori...

#Somalia: Somalia Republic and “Somaliland” regional authori...: Introduction        From the last months of the former transitional government of President Sherif (2009-2012) there was meeti...

Somalia Republic and “Somaliland” regional authorities becoming two different legal, “Sovereign entities”? Wait and see

Introduction

       From the last months of the former transitional government of President Sherif (2009-2012) there was meetings/negotiations between the Somali federal government and the regional “authority” of Somaliland regions. The government of former President  Sherif and the government of President Hassan Sheik which has been given a full recognition by the international Community like the UN, EU, US, Arab League as the “sole representative” of the sovereignty of the Somali Republic have both taken a “wrong legal, political approach” and strategy in meetings/negotiations vis-vis the regional “Somaliland” authority.

       Last Monday/Tuesday (8-9 June 2013) we had another meeting/negotiations in Turkey between two delegations representing the “two parties” as their spokesmen telling the Media and the Somali people-citizens.

First of all let me start with (1) what are the legal Constitutional principles which must guide the meetings/negotiations,(2) the format of the meetings,(3) including the Agendas during the negotiations.

Legal Constitutional Principles.

       One of the Somali federal government founding legal principles is the Rule of the Law (art 3).In other words every act/policy of the Somali government must be based on the Law and  in this special case on what the Constitution says. The article (4.C1) on the Supremacy of the Constitution says: “After the Shari’ah(Islamic Law principles) the Constitution of the Federal Republic of Somalia is the Supreme Law of the Country. It binds and guides Policy initiatives and decisions in all department of government.”

More to that at article (7) titled:” The territory of the federal Republic of Somalia “at (C1)” is written that “The sovereignty of the Fderal Republic of Somalia extends over all the territory of the federal Republic of Somalia which includes The Land, Territorial sea, the Islands, the Subsoil, the Airspace and the Continental shelf and any Land and Waters that join the federal Republic of Somalia. In accordance with a law that shall be passed by the federal parliament. Also (C2) says:” the Territory of the federal Republic of Somalia is Inviolable and Indivisible”;

At (C4) says” The boundaries of the federal Republic of Somalia shall be those described in the 1960 Constitution of Somalia”.

All this articles must be the guiding Constitutional principles of the Somali Federal Republic government in any act/policy or even negotiations. But unfortunately we can see that maybe for naivety or incompetence doubled by negligence they have not been considerate even before and during the so-called meetings/negotiations.  

       The format of the meetings were totally wrong because there not any consideration on what are meant this meetings/negotiations. On what protocols the two delegations were meeting? What is the legal definition of the Somali federal Republic in these meetings? That Somalia is the “sole sovereign power of Somalia which has been recognized under International Law”? What is the Legal definition of “Somaliland”? Where its territory and jurisdiction is situated? Under what legal definition they are at the meetings? Who recognized them?

       The Agendas of the meetings have never been agreed before hand and prepared by the Somali federal government.The Somali federal government has not got a clear plan of negotiations and what is the end-game except the concept of Unity and the recognition it enjoys as representative of Somalia including the regions of Somaliland and its people-citizens. While the regional authority of “Somaliland” has a clear two fold game plan of first getting “recognized” by participating in this meetings as a representative of “part of the Somali territory and its authority” which can  be used as a “Legal precedent “ in a Legal case at international Forums/Courts. The meetings are hosted by a third party like Turkey. Secondly to push as a second alternative in the negotiations for a Confederate system of Governance between Somalia and the regional authority of “Somaliland”. As Confederate I mean two different States with different sovereignty but under a Confederate system for Somalia. In that way “Somaliland” regions authority could have the rights to make new “ concessional Rights” for the Oil and Gas of the Awdal regions and Sool and Sanag regions which are also claimed by the self declared regional authority of Khatuma State which it says its part and parcel of the Somali Federal Republic.

The game plan of “Somaliland” regional Leaders came clear when they told the representative of the UN Mission for Somalia that he cannot work and open office in Hargeisa the capital city of the regional authority. In other words they are saying they are not in his mandate as they are not part and parcel of Somalia. What has always missed in their arguments was the legal basis for the “secession or separation”. Because their narrative was always based on political arguments like the Civil wars and the Human Rights abuses the Clan communities have suffered in the 80 under the Siad Barre regime. Now through these meetings/negotiations they are getting ammunition for a future legal challenge in International Courts of Law by being “party” to these meetings/negotiations.

The Somali Provisional Constitution.

       The Somali provisional constitution is the supreme law of the land and is quite clear what is says about Somali sovereignty and the legitimate representative of Somalia.

The Somali provisional Constitution although is incomplete the Constituent Assembly of the Elders have delegated the federal Parliament “to remake the Final draft”. But the Clan- Community representative as MP members of the regions of “Somaliland” are in the Somali federal parliament. In the executive they have they own share of seats as Ministers and also in the Judiciary.

The Act of Union of 1961 between the Colonial British Somaliland regions of Somalia and the Italian regions of Somalia are still valid and part of the Somali legal systems. The government of Hassan Sheik must be careful to handle legal  issues like this meetings/negotiations concerning the Unity of the Somali “federal “Republic. I use the word “federal” between brackets because till this Constitution is approved in an Act of an elected Parliament and   in a national Referendum, we are still”the Republic of Somalia legally”.

Back to the Drawing Board.

       The government of Hassan  Sheik Mohamud must go back to the drawing board and prepare a “White paper” on this negotiations with the regional authorities of “Somaliland”. When I say a “White paper” I mean  a document on the Strategy and Goals approved by the Council of Ministers  or even submitted and approved by the Somali federal Parliament. This strategy must be told to all Somali people-citizens who are the national stake-holders including all Clan- community from all regions of Somalia.

The strategy must be sub-divided in (1) Legal issues(2) Political issues (3) and Cultural and Economic issues which have been explored and researched by Somali professionals  on those sectors.

       If the things go on as they are now mixing political issues and legal issues and “ recognizing” indirectly the authority of the regions of “Somaliland” as “ party” or “legal entity” different from the “indivisible sovereignty” of the Somali federal Republic  there will be a “legal catastrophe” for the Unity and Territorial integrity of the Nation-State called  Somalia. Just to give you an example the control of the Airspace of Somalia falls under the jurisdiction of the Somali Federal Republic not regional Authorities who have the powers to deal directly with International  organizations  like the International Civil Authority.

But in the meetings/negotiations the authority of the regions of Somaliland has requested to control its regional “Airspace” as it was a “Sovereign Legal Entity”. What I know is the two “ parties” they even nominated a technical committee  to deliberate later on the subject.

This is not a “technical issue” but a “legal” one linked to the sovereignty of the Republic as our Constitution mentions itself. If there are different airspaces controlled by different authorities it will mean different Sovereign powers having Jurisdiction on the Somali Republic territory. If the Somaliland authority have its own Civil Aviation authority who shares the Powers to control the air spaces of that region it will also mean two different Sovereign States.

I hope the Somali federal government would understand that they do not have the “legal authority” to Change the Territorial integrity and Unity of Somalia if it’s not mandated by an Act of parliament and a National Referendum which all Somali people-citizens have voted in a free and fair manner.

       I suspect some of the entourage of President Hassan Sheik, the so- called Salafist group called “Damu Jadid”party, which controls this meetings/ negotiations  as Ministers who are the natural allies of the Somali Salafist Business cartels allied to what I call the hegemonic group of Ethiopia-IGAD are behind this “Legal catastrophe” .This “legal -political catastrophe “ in which the sovereignty ,territorial integrity and Unity of the Somali federal Republic is amended/changed is illegal and in contravention of the Somali Federal Constitution.

I do not believe the “Ruling Elites” of Mogadishu is not aware of this Big Blunder/Legal treason but there is a “legal soft coup” they planned and executed without the Knowledge of the Somali people-citizens. My conclusions is this meetings/negotiations are all linked and part of the Old Plans of Ethiopia –IGAD group and their sponsors of China,Iran,Russia,France and Italy to subdivide the Somali Republic in five or six new Sovereign states to get its Oil and Gas. Wait and see.

#Somalia: Short rebuttal to Matt Bryden interview on the Dai...

#Somalia: Short rebuttal to Matt Bryden interview on the Dai...: Mr. Bryden is one of those intellectuals who obfuscated Somali issues for a very long time and are without knowing maybe implementing t...

Short rebuttal to Matt Bryden interview on the DailyNation.

Mr. Bryden is one of those intellectuals who obfuscated Somali issues for a very long time and are without knowing maybe implementing the plans of the Salafist Business Cartels and Ethiopia-IGAD for the recolonization of Somalia and its subdivision in Clan -Enclaves to be called regional- autonomous States in a Confederate Somalia. Just for example he says the establishment of Jubbaland is Illegitimate but in the end he says the government must compromise.Why?. Compromise with Ethiopia and Kenya who would like to have a sovereign-Vassal state in south Somalia and control the OIL and Gas of that region of |Somalia?. If we do not talk about the real Agenda of the Hegemony of Ethiopia and IGAD countries in Somalia we will miss the entire narrative of the Somali conflict and why Somalia is in a perpetual failed State situation from 1991 and why IGAD is working together with the other group the Salafist made of Al-Shabaab and the Salafist Business Cartels.The former transitional State for Somalia have failed because the IGAD countries wonted them to fail and never wonted a Somalia at Peace with its neighbors and with itself. The Federal( Confederate) system he is talking about was chosen by Ethiopia - IGAd to subdivide and control Somalia .The narrative that the Clans of Darod,Hawiya and Issak could not reconcile is all a myth supported and implemented by the Hegemonic powers of the region and their Global allies like China,Russia,Iran,France and Italy to own at the end the Somali National resources like OIL and Gas. Somalis are of the same language ,culture,ancestry and Religion.In Africa states in which the communities are of different nationalities are living together but for Somalia is not possible which is one of the truly State-Nation in Sub-sahara Africa if we follow the model of the European state-Nation where the people,the language and the ancestry are one.Mr. Bryden I believe himself came to believe in the lies propagated by the Somalis puppet leaders,Warlords and mainly the Ruling Elites of the Salafist Business Cartels who control the economy of all regions of Somalia that Somalia would never be again as One but different States.Could he explain why Ahmed Madobe the Ruler of Kismayo /Jubbaland of today must go for consultation to Addis-Abeba and Nairobi and not Mogadishu( where he has never been) every fortnight? He is a product of the hegemonic Agenda to subdivide Somalia in Clan-Enclaves and the Armies he uses to control the City of Kismayo where he Rules are Somali-Ethiopians and soldiers trained in Kenya but some came from Garissa town and Mandera of Kenya.One thing I know is the Americans who hold the biggest portfolio of Oil and Gas Concession  rights all over Somalia( last signed by Siad Barre in 1989) must tell the regional powers and their backers that the Somali must be free to rule on their own destiny and not be governed by IGAD and Ethiopia. The main reasons the Somalis are being recolonized is to change the ownership of the concessional Rights with the emergence of new states.Last but not least MR. Bryden must know what he thinks are Clans-Communities  Agendas are Salafist Business Cartels Agendas which are linked to the Global Jihadist Agenda which itself would like to control the OIL and GAS of Somalia.He must revisit his own analysis of Somalia and accept that the narrative he used all this years is not valid anymore and Somalia have the Right to associate with whoever they like as a free Nation-State and not as vassal to Ethiopia and IGAD. The political fight today in Somalia is between the Somali federal government which wants a devolved system of government  with one Sovereign State and the Puppet Leaders and their IGAD and Salafist associate who like to have a subdivided Somalia in new sovereign states to get the OIL and Gas. My opinion is not to have any borders between Somali region if there are not for administrative reasons and the meeting President Hassan Sheick had with the so-called the Leaders of the regions of Somaliland was wrong if its based on the concept of having two sovereign states in Somalia. Instead  President Hassan Sheick must meet the Clan-communities of Somaliland regions and agree with them the future reconciliations plans and their Leaders in the federal parliament. Wait and see.

This comment was written in replay to an interview Mr. Matt Bryden had with the nation on 25 June 2013.

#Somalia: Oil and Gas,Mini-Clan-encaves and Ethiopia-IGAD He...

#Somalia: Oil and Gas,Mini-Clan-enclaves and Ethiopia-IGAD He...: The Somalis have been subdivided for a very long time let's say from the 80" in clans- communities which are fighting each other f...

Oil and Gas,Mini-Clan-encaves and Ethiopia-IGAD Hegemony.

The Somalis have been subdivided for a very long time let's say from the 80" in clans- communities which are fighting each other for the political and economical supremacy of their own country.The word citizenship or the one I usually use of people-citizens of a country called Somalia have been abolished in our vocabulary for a very long time.Who had this "heinous" idea to subdivide the Somalis? Somalis being only one tribe with the same (language and culture,Religion) instead of the numerous Tribes who vie for power and economic empowerment in other African countries they have to find other Achilles heels for the Somalis.The week spot is the famous clan culture which has predominated our political thinking and social thinking.It has its good side when is made of pride and cultural diversity and the uniqueness of the Somalis in Africa and the Arab world but it is easily manipulated by the Ethiopians and Al-ttixad political movement from almost the 80". Today the Somalis are fed with lies that the only way their Clan can survive and prosper is to have its own Clan enclave and subdivide Somalia in Mini-clan enclaves under the hegemony of Ethiopia-IGAD. Some of our warlords and puppet leaders they started to believe and practice this agenda from the 90' for opportunistic reasons and we arrived at the point that every month or fortnight they go for consultation to Addis-Abeba or Nairobi. Some they said in public that the Somalis are not brothers and sisters but only different groups which can only be United in a Confederation of Enclaves of clan-communities.That is the Agenda of so-called leaders like Farole(regions of Puntland) and Mr.Silanyo( regions of somaliland). Now the Ethiopia-IGAD group have added to the list the self-proclaimed regions of Jubbaland which is under the protection(?) of the Kenya army and New police militia from Ethiopia.In Jubbaland regions the Kenya army is only in the lower Jubba the other regions are almost entirely under Al-Shabaab and some parts of Gedo are under the Somali federal government.How the Kenya army under Amisom can contravene to the UN mandate for the African troops stationed in Somalia? WHY the Ethiopians are still holding to their dreams to subdivide Somalia in mini-clan-enclaves?Its simple . They made a long standing  secret deals with Big oil companies like Total Oil of France,ENI of Italy and the Chinese Oil giants called China National Oil Corporation. Secondly the Ethiopians have told themselves that to subjugate the Somali regions of Ethiopia( one third of that country)they also need to subjugate The Somalis of the Somali Republic.In that regions of Ethiopia inhabited by the Somalis there one of the biggest reserves of Oil and gas in the world which have never been exploited but explored by the Americans from the 50".Some years ago the Ethiopians gave  new rights to explore to Chinese companies but it backfired when the Ogaden National liberation Front-  a separatist group- fought against the Chinese. The Tigre Regime of Ethiopia would not like and have not any plans to give those Somali communities their right share in the royalties from the future profits of the exploitation of that resources.Therefore to succeed in their plans they need to subdivide and subjugate Somalia and its people-citizens.They are also are planning  to change the Colonial Borders of Somalia by making new sovereign states within the Somali borders. This was the game plan of Minghiste and Meles Zenawi for the Horn of Africa and supported by European Union.and the Chinese government. The Regional states and in particular the Ethiopia-IGAD group are making a big mistake that the Somalis will ever be subdivided in Clan-enclaves. Their alliance with the Al-ittixad business cartels will backfire.because this  Somali-Salafist groups have their own separate agendas of financing global Jihad and their alliance with Ethiopia-IGAD is temporary.. Another point is the Somalis cannot be losers and manipulated for ever and may came the day that they  will say  no as already is trying the government in Mogadishu..For Everybody is good to have a Somalia which is at peace with the region and a nation-State where the Rule of the law and democracy is practiced, which is sovereign for its own affairs.Wait and see.