The Addis-Abeba Agreement: The Beginning of a Confederate Somalia.(Part.1)

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 24^th 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)

Why there is Endemic Sexual Violence in Somalia.

The Somali Elites Ruling Somalia must be ashamed of how  things are when it came to endemic Sexual violence. This violence stems first from the culture of Impunity( which till now has not been addressed in a  transitional justice Courts ) of the civil wars of 1991-2009 in which Clan-warlords allied to Ethiopia and Salafist-Warlords,Organized Salafist groups used young Somali men to kill and rape in the name of Clans conquest and Religious extremism. That criminal culture to Rape Women has became almost part of the young men upbringing woven together  with the extremist concept of women and the week are dispensable part of society. Those former Militia,young/Old men trained in Madrases on that misguided cultural beliefs are the officers of the Army,Police,Intelligence services and sometimes Salafist officers, Judges of the Somali Courts.Secondly the so-called Ruling business Elites/Cartels which is Salafist itself  do not like the participation of women in Society and in civil-political spheres.Therefore women must always feel in danger unless they stay at home and follow their misguided ideologies. Its part of the repressive culture brought by the Civil wars and the Salafist culture/Agenda in Somalia.Third is the issue of the State and its political officers,civil servants and its Institutions not seeing this as a National priority which must be brought in the front line issues like fighting Al-Shabaab,Corruption and National Institution Building.But all this institutions and officers cannot do anything unless from the pulpit of our Mosques there is campaign to fight against this rapist culture and the Sheiks( be the Sunni-Sufi Sunna al-Jameeca and the Sunni- Salafist) start strongly to Stand for the rights of women to participate freely in civil political affairs of society and the State and have a true Justice by stopping the Culture of Impunity. Wait and see.

 

Amnesty: Sexual Violence Endemic in Somalia

http://www.hiiraan.com/news4/201...

Amnesty International said two decades of conflict have allowed sexual violence to become endemic in Somalia. The human rights group says most victims don’t report the attacks to authorities, fearing stigma.

#Somalia: Kampala Communiqué: Sell out of Somali National So...

#Somalia: Kampala Communiqué: Sell out of Somali National So...: Kampala Communiqué: Sell out of Somali National Sovereignty and self-government. (Part 1)         Here I will make a legal, politi...

Kampala Communiqué: Sell out of Somali National Sovereignty and self-government.(Part 1&2&3).

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 Kismayo) 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)

Part. (3)         At art. (18) the summit agreed:”Emphasized the imperative of continued African Leadership and the need for Amisom to sustain and strengthen its efforts to stabilize Somalia and reduce the threat of Al-Shabaab”. In the Wikipedia encyclopedia the word “imperative” means as adjective: expressing a command, directive. As noun means: an essential action, a must. In this article the “continued African leadership” is a “must” and a “directive” for the Somali government. Why the leaders of the troops contributing countries (TCCs) and (IGAD) would like to subordinate their policies as “must” and “directive” to the Sovereign Somali government? From 2004 at the first conference to reestablish the “Somali failed state” in Nairobi the “African” leadership was exercised by the Ethiopians via a group of Somali leaders nominated by them and from 2006 the Ethiopian-Tigre Armies were inside Somalia with the tacit approval of the international Community, African Union to fight the Union of Islamic courts in which Al-Shabaab was the main group. The Ethiopians which were involved with Somali internal politics from the 80” through the support and arming of clan-based opposition groups, like the Salafist Al-ittixad political movement which is the great-grand-father of Al-Shabaab, have had their policies of divide and Rule of Somali clans-Communities and the establishment of Clan-Communities so-called regional states rejected first by Somali communities and secondly by the new regime of President Hassan Sheik when it came to power in 2012. Meanwhile the US and UK-EU where made to believe that Amisom in Somalia as peacekeeping forces mandated by UN( read UGANDA) was doing a great job in the fight against Al-Shabaab therefore acquired lot of political capital with the Somalis in general and the Ruling elites of Mogadishu. In reality from 2009 the Salafist Business Cartels of south-central regions -which controls all the Economic activities of the country- made a deal with the Ruling Tigre regime of Ethiopia that they will cut their financing of Al-Shabaab to degrade their military power and be part of the project by Ethiopia to subdivide Somalia in Clan-enclaves. Each with its own sovereignty and the Salafist Business cartels will control as now all economic spheres and will share the ownership of future ownership of Oil and Gas companies in those region-states like Somaliland,Puntland,Jubbaland,Benadirland, Galmudugland,Baybakolland.  But still some of the Business cartels are still financing Al-Shabaab and they have also their own international networks. We can see that all this time the Ethiopians-IGAD and the Ugandans later were having almost total control of governance in Somalia (including Puntland and Somaliland) and the latest foray/ interventions in Somali politics and also humanitarian, international relations of countries like Turkey, Qatar, UK, Saudi Arabia and in a major way the US administration recognition of Somalia as One State, have disturbed and made nervous the Ethiopian-IGAD-TCCS regimes and their Hegemonic Agenda for Somalia. This is the rationale for emphasizing and “directing” as “Must” an African leadership in Somali governance sovereign issues. In that way the brotherly nations of Turkey, all Arab nations to whom Somalia is part and parcel and Muslim world with UK and US will be denied to assist and help the Somalis to regain/control their own Sovereignty and be “owners of their own National Resources”. The Agenda to subdivide Somalia in Clan-Enclaves called all Lands with sovereignty is linked to the issues of OIL and Gas. The regime of Siad Barre has for the last time 1989 re-signed old agreements of OIL and Gas with big American companies which own most of the “concessional rights” all over the Somali Republic. To change those “concessional Oil and Gas rights” Somalia must be subdivided in at least five/or six sovereign Regional states. The continued African leadership has the Agenda to subdivide Somalia and is sponsored by countries like France, China, Russia and Italy.

   

#Somalia: Kampala Communiqué: Sell out of Somali National So...

#Somalia: Kampala Communiqué: Sell out of Somali National So...: Kampala Communiqué: Sell out of Somali National Sovereignty and self-government. (Part 1)         Here I will make a legal, political ...

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)

#Somalia: Kampala Communique :Sell-out of Somali National So...

#Somalia: Kampala Communique :Sell-out of Somali National So...: Kampala Communiqué: Sell out of Somali National Sovereignty and self-government. (Part 1)         Here I will make a legal, political ...