In Defense Of Somali Territorial waters-from Somalitalk.com Pages.

In defense of Somali territorial waters-from Somalitalk.com pages

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Report of the Monitoring Group on Somalia and Eritrea pursuant to Security Council resolution 2060 (2012): Somalia
UN REPORTS: S/2013/413
12 July 2013
"Once Somalia adopts the EEZ under the UNCLOS regime, Somalia and Kenya would be required to initiate a separate process to negotiate a mutually acceptable maritime boundary. This would open the possibility of an adjustment of the maritime boundary from its perpendicular position towards a position following the line of latitude. Such a shift would effectively place some if not all of the disputed licenses mentioned above back into Kenyan waters. It is for this reason that on 8 October 2011 the Somali MPs voted down attempts to introduce an EEZ during the Roadmap process." UN Report, July 12, 2013.
Conflict between Somalia and Kenya over the maritime boundary
Somalia and Kenya have differing interpretations of their maritime boundary and associated offshore territorial rights. Currently, Somalia claims its maritime boundary with Kenya lies perpendicular to the coast, though this boundary is not enshrined in a mutually accepted agreement with Kenya, which envisages the maritime boundary as being defined by the line of latitude protruding from its boundary with Somalia.²⁵
Map of disputed offshore zone between Somalia and Kenya, including positions of Kenyan issued oil licenses.

The FGS has thus refused to recognise oil licenses granted to multinational companies by Kenya and which protrude into waters defined as Somali according to that perpendicular demarcation line. Oil multinational companies affected by the FGS opposition have included French oil company Total (Kenyan license L22), Italian major ENI (Kenyan licenses L21, L23 and L24), US oil firm Anadarko (Kenyan license L5) and Norway’s majority state-funded Statoil²⁶ (Kenyan license L26) (see again annex 5.5.k for a more detailed map of disputed oil licenses).
Corruption Risks
Conflicts of interest surrounding the adoption of an Exclusive Economic Zone for Somalia (EEZ).
Qodobadii uu shir guddoonku ka akhriyey Baarlamaanka October 8, 2011 kuma aysan jirin in badda Soomaaliya lagu soo koobayo 12 mayl-badeed oo Territorial Waters ah. Laakiin.... Since 1972, Somalia has claimed an extension of its territorial sea from 12 to 200 nautical miles. However, article 3 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) limits coastal States to claim a maximum territorial sea of 12 nautical miles from the coast. Although Somalia signed UNCLOS in 1982, there has been considerable confusion over whether Somalia’s national legislation has been harmonised to give recognition to the UNCLOS regime.²⁸ On 1 May 2013, however, President Hassan Sheikh issued a statement announcing that the FGS has identified a 1988 law which puts Somalia fully in compliance with UNCLOS, and which would allow Somalia to implement an Exclusive Economic Zone (EEZ), where territorial control would be limited to 12 nautical miles but where Somalia would continue to claim sovereign rights to explore, exploit, conserve and manage natural resources that exist within 200 nautical miles of its coast.
Once Somalia adopts the EEZ under the UNCLOS regime, Somalia and Kenya would be required to initiate a separate process to negotiate a mutually acceptable maritime boundary. This would open the possibility of an adjustment of the maritime boundary from its perpendicular position towards a position following the line of latitude.²⁹ Such a shift would effectively place some if not all of the disputed licenses mentioned above back into Kenyan waters. It is for this reason that on 8 October 2011 the Somali MPs voted down attempts to introduce an EEZ during the Roadmap process.³⁰
The Monitoring Group understands that Kenya suspended Norwegian oil company Statoil from block L26 in late 2012, as the company was unwilling to meet financial obligations of developing exploration activities in the block while legal uncertainty prevailed over the Kenyan-Somali maritime boundary.³¹ However, a Kenyan Government official has confirmed that Statoil has nevertheless expressed interest in returning to develop L26 should the maritime boundary dispute be resolved in favour of Kenya.³²
The Monitoring Group has obtained information of attempts by the Norwegian Government to influence Somali parliamentarians and other FGS officials to adopt the EEZ for Somalia, which, as explained above, would lead to a separate process of redrawing of the maritime boundary towards a line of latitude.
Norway has been involved in attempts to introduce the EEZ onto the parliamentary agenda since at least 2008, when former UN SRSG for Somalia Ahmedou Ould Abdallah initiated the preparation of preliminary information indicative of the outer limits of the continental shelf on Somalia. At the time this was conducted, Statoil had no commercial interest in Somalia.³³ However, efforts by Norway to lobby Somali officials to adopt the EEZ now coincide with current Norwegian interest in the fate of L26 as well as with Norwegian involvement in the application of a Special Financing Facility (SFF) donor fund of $30 million which has been allocated under the management of FGS officials with a track record of corruption (see annex 5.2 on page 154 of the S/2013/413 UN Reports). (Note: Annex 5.2: is about "Public financial mismanagement and corruption".)
Indeed, between 6 and 13 April 2013, two non-governmental organisations, the Oslo Center and the National Democratic Institute, hosted several Somali MPs, including the FGS speaker of parliament and Norwegian national, Mohamed Osman Jawari, on a Study Tour for the Federal Parliament of Somalia, in Oslo. The week-long programme included a briefing on the SFF by Norway’s Special Envoy to Somalia, Jens Mjuagedal, and Senior Advisor, Rina Kristmoen, as well as a briefing on Norwegian legal assistance to Somalia for the establishment of an internationally-recognized EEZ. Former Norwegian oil minister Einar Steensnaes also briefed on the issue of management of natural resources (see annex 5.5.l. for programme on page 170 of the UN S/2013/413 Report). (Note: Annex 5.5.l: is about "Programme of Study Tour of Somali MPs in Oslo 6 – 13 April 2013.")
In this way, Norway’s development assistance to Somalia may therefore be used as a cover for its commercial interests there. Norway’s Minister of International Development, Heikki Eidsvol Holmås has, however, publicly denied any link between Norway’s assistance to Somalia in establishing its continental shelf rights and any commercial oil interest.³⁴

• Source: Somalia report of the Monitoring Group on Somalia and Eritrea - http://www.un.org/ga/search/view_doc.asp?symbol=S/2013/413

NORWAY Response to UN Report
July 19, 2013 Norwegian Ministry of Foreign Affairs responding to UN Monitoring Group Report said "Norway regrets claims by a UN report linking Norwegian development efforts to commercial interests in Somalia."
"Norway has for many years provided extensive assistance to Somalia both humanitarian, as well as to support efforts for peace and reconciliation and for reconstruction and development of a country who has suffered so much from hungers and wars. This has been a consistent policy aiming towards a more stable and peaceful Somalia, in which the Somali people may begin to enjoy security and hopes for a more prosperous future.

It is therefore with serious concern that we understand the Monitoring Group in its Report to the Security Council is conveying some conspiratory allegations, found on the internet, implying that Norwegian assistance to Somalia is a cover to promote the commercial interests of some Norwegian oil companies. This is both unfounded and untrue."
Adding "We are aware that the Norwegian oil company Statoil has showed some interest in possible future oil concessions in Kenya, but the Norwegian Government has always advised the company not to apply for such concessions in any areas where there may be a potential legal dispute, and when realizing that this was the case with the mentioned L26 block, Statoil decided not to get involved."MORE AT Norwegian Ministry of Foreign Affairs Website.
AKHRI: Waa Maxay Faraqa u Dhexeeya Dhul-badeedka (Territorial Sea) iyo Aagga Dhaqaalaha (EEZ)?
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References:
25  Kenya claims that a Memorandum of Understanding (MoU) signed with Somalia’s TFG in April 2009 set the border running east along the line of latitude. However, Somalia claims that the purpose of the MoU was not to demarcate the maritime boundary but rather to grant non-objection to Kenya’s May 2009 submission of claim? to the UN Commission on the Limits of the Continental Shelf to delineate the outer limits of Kenya’s continental shelf beyond the 200 nautical mile limit. (Each country’s claim requires proof of cooperation with its neighbors.) Since it was not ratified by the parliament, Somalia claimed that the MoU did not, in fact, have legal basis. Somalia’s parliament rejected this MoU in August 2009, claiming that Somalia was adhering to the appropriate requirements for delimitation of the continental shelf – not agreeing to a maritime boundary with Kenya. See Lesley Anne Warner, “East Africa’s Oil/Gas Rush Highlights Kenya- Somalia Maritime Border Dispute”, available at http://lesleyannewarner.wordpress.com/2012/07/21/east-africas-oilgas-rush-highlights-kenyasomalia-maritime-border-dispute/ . On the 6 June 2013, the Office of the Prime Minister in Somalia issued a statement saying that the council of ministers had decided that The Federal Government of Somalia does not consider it appropriate to open new discussions on maritime demarcation or limitations on the continental shelf with any parties.
26  Seehttp://www.statoil.com/annualreport2011/en/shareholderinformation/pages/majorshareholders.aspx for precise statistics on Norwegian government holdings in Statoil.
28  See Thilo Neumann and Tim Rene Salomon, “Fishing in Troubled Waters – Somalia’s Maritime Zones and the Case for Reinterpretation”, Insights, American Society of International Law, 15 March 2012.
29  According to a maritime lawyer interviewed by the Monitoring Group on 22 April 2013, should Somali MPs vote for an EEZ, the boundary would be identified through a process of negotiation between the Somali and Kenyan Governments under international mediation, and would likely shift from a perpendicular position towards a position of latitude, given previous precedent set in the East African region, particularly in relation to the Tanzanian-Kenyan maritime border.
30  Seehttp://www.garoweonline.com/artman2/publish/Somalia_27/Somalia_The_Roadmap_Gets_a_Tear_on_the_EEZ.shtml .
31  Kenyan Energy ministry Permanent Secretary, Patrick Nyoike was quoted in the financial press on 5 November 2012 as suggesting Statoil was relieved of L26 due to failing to honour a 3-D seismic development plan, seehttp://www.businessdailyafrica.com/Corporate-News/Kenya-expels-oil-giant-Statoil-from-exploration-plan-/-/539550/1612432/-/708r31z/-/index.html  . However, a Kenyan Government official interviewed in April 2013, said he had been informed that Statoil did not want to take the risk of developing L26 while the maritime boundary was still in legal dispute.
32  Interview , 12 May 2013.
33  See Norwegian Foreign Ministry website: http://www.regjeringen.no/en/dep/ud/press/news/2009/shelf_assistance.html?id=555771 .
L26 was negotiated in 2012, seehttp://www.trademarksa.org/news/norwegian-firm-statoil-joins-search-oil-kenya .
34  Seehttp://www.ft.com/intl/cms/s/0/a6d5d1b6-bd9f-11e2-a735-00144feab7de.html .
###END###
Waa Maxay Faraqa u Dhexeeya Dhul-badeedka (Territorial Sea) iyo Aagga Dhaqaalaha (EEZ)?
REMEMBER: June 6, 2013: Somali Federal Government clarifies its position on territorial waters
The government’s position is Somali Law No. 37 on the Territorial Sea and Ports, signed on 10 September 1972, which defines Somali territorial sea as 200 nautical miles and continental shelf. On 24th July 1989 Somali ratified the UN Convention on the Law of the Sea. Faahfaahin

Faafin: SomaliTalk.com |  July 21, 2013
Baarlamaanka Soomaaliya oo si kulul uga dooday Sharciga Cusub ee Kalluumaysiga iyo Xeerka Badda Soomaaliya ee Law No. 37

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La soo xiriir:

 
Xildhibaanada ka hadlay xeerka badda Soomaaliya ee Law No. 37

Sharciga cusub ee Kalluumaysiga ee horyaalla baarlamaanka Soomaaliya halkan ka eeg

Ra'iisal Wasaaraha Soomaaliya oo ka Laabtay Go'aankii Sharciga Badda ee ay Gaareen June 6, 2013?

June 15, 2013: Ra’iisul Wasaare Shirdoon oo xiiskiisa ku qaabilay R.Wasaarihii hore ee Norway

Ra'iisul Wasaare Shirdoon: Baarlamaanka ha la Weydiiyo in Dastuurka Qaranka lagu daro Xeerka Badda Soomaaliyeed ee Law No. 37

Wareegtadii Ra'iisul Wasaare Cumar C/rashiid ku wargeliyey QM in baarlamaanka Soomaaliya diideen MOU-gii badda

Jariidadda Standard oo soo Bandhigtay Caddaynta Saxiixii Labada Wasiir (Fowsiya & Aamina), kuna tilmaantay MoU ay kala saxiixdeen labada wasiir ee Arrimaha Dibadda

Xukuumada Federaaliga ah ee Soomaaliya waxay aqoonsan tahay sharciga qaran ee badaha Law No. 37. ee qeexaya dhererka xadka badda “territorial water” ee gaaraya 200 mayl-badeed iyo continental shelf . Waxay dawlada Soomaaliya ogolaatay xeerka badaha aduunka ee ay wax ka saxiixday 24kii Luuliyo 1989 ayadoo aan ka tanaasulin sharciga qaran.akhri....

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#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.