SOMALIA: IGAD’s Shocking Memorandum of Understanding

19/12/2012  By Abdi Dirshe

Kenya and Ethiopia Insist Arranging Local Administrations in Somalia

The Intergovernmental Authority on Development (IGAD), the regional organization for East African countries that include, among others, Kenya, Ethiopia and Somalia, has recently published an unsigned and troubling Memorandum of Understanding (MOU) which indicates that the new government of Somalia is allowing Kenya and Ethiopia to oversee the“political and administrative arrangements in South-central Somalia.” Ethiopia claims that this MOU was signed by a Somali General, Mohamed Sheikh Hassan, authorized by the Somali Prime Minister.

  

This unsigned MOU theoretically provides the legal platform for the securitization of all the Somali regions in the South without delineating the areas of jurisdiction, core operations and oversight. Furthermore, the MOU creates legal questions with respect to the operations of the troops under the African Union Mission in Somalia (AMISOM) as there is no reference about these forces in the document. The MOU supposedly legitimizes the escalation and presence of the Kenyan and Ethiopian troops and the involvement of the two countries in Somalia. Moreover, it is designed to undermine the leadership of the Somali President, Hassan Sheikh Mohamud as it gives no consideration to the sovereignty and territorial integrity of Somalia. Given that Kenya and Ethiopia have been and continue to be the destabilizing actors in Somalia, the Somali people believe that these countries intend to derail the new Somali government’s priority to stabilize and unite the country.

By claiming to be pursuing a fight against the extremist group inside Somalia known as Al-Shabaab, both countries have deployed their troops inside Somalia without any legal endorsement and insist on arranging local administrations in Somalia, thereby interfering in the political independence, sovereignty and territorial integrity of Somalia. Both countries receive political, military and economic assistance from the United States and its allies as they are convenient and effective allies in the “war against Al-Shabaab.” This opportune arrangement is not viewed favourably in Somalia.

Similarly, it should be noted that while the Special Representative of the Secretary General for Somalia, Mr. Mahiga has welcomed the MOU in an official statement and has underscored that Somalia was represented, no Somali government official has acknowledged that Somalia was represented at the alleged meeting that was held on December 06, 2012. This raises some concern about Mr. Mahiga’s position and as a result, the UN might find itself drawn into a diplomatic tag of war.

 

Dr. Weinstein explains the motives of Kenya and Ethiopia in his article, “Kenya’s Political Failure in Southern Somalia” as he notes that Kenya and Ethiopia have a grand design in mind for Somalia. He argues, by the time these two countries complete the plan, Southern Somalia will have three distinct “semi-autonomous states” that are ruled by “Somali clients.” Kenya is to establish the Jubbaland state by merging the three Somali regions close to its border, the Lower Jubba, Middle Jubba and Gedo. Ethiopia would impose its will on most of the central regions of Somalia. The AMISOM forces would establish the third “state”, Banadir region, along with Mogadishu and its surrounding areas. By creating these entities, Kenya and Ethiopia hope to create weak and unstable Somalia as they view a strong Somalia as a security threat.

However, the Somali people have shown earnest support for the Somali President, Hassan Sheikh Mohamud who has opposed the interference in the affairs of Somalia by Kenya and Ethiopia. His stance has drawn nasty diplomatic attacks from these governments and they may have resorted to political manipulation through the MOU that arguably authorizes them to implement their grand design of establishing “semi-autonomous states” thereby implicating that the new Somali government is their “client” in the eyes of the Somali people.

Kenya’s insistence that it should be allowed to complete its Jubbaland plan clearly violates the political independence and sovereignty of Somalia. However, the MOU has the objective to provide legal cover for Ethiopia and Kenya. Interestingly, it has no signature, making it suspect at best. The new Prime Minister of Ethiopia, Mr. Hailemariam has given few interviews regarding Somalia and strangely sends mixed messages, insisting on the need to have “inclusive process in Somalia”, while also sounding conciliatory towards Somalia, deferring matters related to Somalia to the Somali national government. However, this MOU underscores the need for Somalia to strengthen its political and diplomatic practices and negotiations and the necessity to assert itself on the domestic front.

The Somali people are nervously waiting for clarification regarding the MOU from the Somali government. One way or another, the arrangements outlined in the MOU will have enormous and lasting consequences on peace and security in the Horn of Africa.

click here the read the secret:

http://www.guardian.co.uk/world/us-embassy-cables-documents/249097

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ABDI DIRSHE IS A POLITICAL ANALYST AND IS ALSO THE CURRENT PRESIDENT OF THE SOMALI CANADIAN DIASPORA ALLIANCE. CONTACT ABDI AT a.dirshe@hotmail.com

Somaliland: Business Confidence Survey Shows Surge in Investment

Hargeisa —The 2012 Business Confidence Survey, released this week, shows that investment in medium-sized enterprises more than doubled between 2011 and 2012. The Somaliland Ministry of Commerce and the Chamber of Commerce, Industry, and Agriculture conducted the survey with USAID support.

"This year's survey shows that businesses and investors are becoming more confident in the economy," said Somaliland Minister of Commerce Honourable Abdirizaq Ahmed Khalif. "We expect that their confidence will continue to grow and that investment will continue to increase.

The survey found that investment in medium sized-enterprises of $100,000 - $500,000 had more than doubled in Hargeisa between 2011 and 2012 (from 7.5 percent of respondents to 17 percent).

Nearly 300 local businesses from all regions of Somaliland responded to the annual survey-- including women entrepreneurs and youth-owned businesses as well as investors from the Somali Diaspora. The survey queried respondents about the ease of starting a business, perceived availability of skilled labour, the quality of infrastructure, security, and laws and regulations for businesses and investors.

Previous surveys had shown that businesspeople and potential investors were particularly concerned about weak legislation. In response, in 2012 USAID also provided assistance to the Ministry of Commerce to review and amend laws governing commerce and investment.

Support for these activities comes from USAID's Partnership for Economic Growth program, a $13 million initiative that supports stabilization by investing in the local economy and strengthening the livestock, farming, and energy sectors.

For more information, please contact Marybeth McKeever at mmckeever@usaid.gov or visit http://eastafrica.usaid.gov/en/home

Somalia: The Firing of the Puntland Agency for Social Welfare (PASWE) Directors

ON DECEMBER 19, 2012

Abdikafi see Arrow

PASWE Director Ismail Adan Dirie openly commented that he was saddened by the December 16th arrest of his assistant, the blind Mr. Abdikafi Hassan Mohamed, and the way he was handled after being transferred to Garowe’s main prison. Mr. Dirie said the reason Abdikafi was detained was his opinion regarding the present politics in Puntland, and he described this arrest as an action that is contrary to the presumed movement toward democratization.

Today, as was expected, the ruling party issued two memoranda stating that the directors were relieved of their duties.

These memoranda, concerning the firing of these officials, did not follow the usual and legal procedure. First, they were signed by Vice president Abdi Ali Shire, despite the presence of the President of Puntland in the country. The constitution does not give the Vice president such authority when the President is in the country, except when the President delegates his authority. There is no indication of any presidential delegation in the two documents.

Here is an audio of the Vice president explaining his authority during the campaign of 2008:

Abdikafi was fired for not fulfilling his duties at PASWE in contradiction to the assessment of his immediate superior Director Ismail, who described him as a qualified individual who discharged his duties well.

The second memorandum from the ruling party shows the temporary suspension of the Director Ismail Adam Dirie, who, in an interview with the Voice of America radio yesterday, stated that he was saddened by the arrest of Abdikafi Hassan. It has not been made clear why he was suspended. This goes against the law and constitution of Puntland.

When Horseed Media contacted Director Ismail, he informed them that he learned about his firing from journalists who wanted him to confirm his dismissal. He said that no official communication reached him. Since, like the President, he was in Bosaso and has not heard from the president’s office, he said that was continuing to do the work he came for, and that his main concern was the welfare of his colleague Abdikafi, who is still in detention and who has not been charged within the legal 48 hours period. He said that he was again requesting the release of Mr Abdikafi.

After great effort from Garowe’s elders who implored the President to free the blind official, Mr. Abdikafi was released from prison in late afternoon on Monday the 18th.

After his release, Mr. Abdikafi spoke to the local press and he told them that he was imprisoned and liberated without any due process. He said that only few days are left of the President Faroole’s term and he advised the President to give back to the people their liberty and safety. He assured the authorities that no amount of coercion or imprisonment would keep him from expressing his belief.

Somalia: Puntland Soldiers Turn Hijackers Of North Korea Ship In Bosaso Port

A dozen soldiers guarding a North Korean ship impounded in Somalia’s autonomous Puntland region for maritime violations have hijacked the vessel and its 33 crew, government and naval sources said on Wednesday.

Puntland had been the epicenter of Somali piracy but the use of armed guards on ships and a concerted crackdown by international navies has seen the number of successful pirate hijackings fall in 2012.

MV Daesan, a North Korean ship ferrying cement to Somali capital Mogadishu, was impounded and fined last month by Puntland authorities who accused it of ditching its cargo off Somalia’s coast.

The ship dumped the cement into the ocean because it had been rejected by importers in Mogadishu, who claimed that the cement was wet and unusable, authorities said.

However, a government source told Reuters a dozen soldiers guarding the vessel hijacked it on Tuesday night. It was now at sea, destination unknown.

A naval source at the port of Bosasso, near where the ship lay seized over the past month, confirmed the claim.

“The government is preparing troops to rescue the ship,” the naval source said.

In 2005, Puntland’s naval forces hijacked a Thai fishing boat and demanded an $800,000 ransom for its release, according to Jay Bahadur, a Canadian author of a book on Somali piracy.

About 136 hostages taken in the Indian Ocean off Somalia are still being held captive, but the number of hijackings of ships has dropped to seven in the first 11 months of this year compared to 24 in the whole of 2011.

Somalia: UN Experts On Use of Mercenaries Urge Greater Oversight for Private Security Contractors

18 DECEMBER 2012

 

The Government of Somalia must do more to ensure the security of its citizens while increasing regulations on private military and security companies, a United Nations expert panel urged today at the conclusion of its seven-day visit to the Horn of Africa country.

"As Somalia rebuilds its security institutions, the Government should ensure that private security forces are properly regulated and do not become a substitute for competent and accountable police," said Faiza Patel, who currently heads the UN's Working Group on the use of mercenaries.

"All Somalis have the right to security, not just those who can afford to pay for it," she added.

After decades of factional fighting, the East Africa country has been undergoing a peace and national reconciliation process, with a series of landmark steps that have helped bring an end to the country's nine-year political transition period and the resulting security vacuum which rendered Somalia one of the most lawless States on the planet. These steps included the adoption of a Provisional Constitution, the establishment of a new Parliament and the appointments of a new President and a new Prime Minister.

The Working Group commended the formation of the new Government and its efforts to establish a functioning, peaceful and democratic nation. It noted, however, that the new administration needed to reinforce its control over the private armed security sector through redefined laws and offered its assistance in developing such legislation by drawing on best practices learned from other countries.

"Such laws and their consistent application are critical to guarantee that private security providers operate in a legal, transparent and accountable manner," Working Group-member Anton Katz stated, adding that the availability of private security should not detract from "the urgent need to provide security for all Somalis."

In its findings, the Working Group noted that some private security contractors have not always operated transparently in the East African country and, occasionally, veer away from their prescribed goals of providing simple protection from armed factions, bandits and pirates.

Pointing to one instance in the state of Puntland, the UN experts cited incidents involving the Puntland Maritime Police Force (PMPF) which was created with the aim to repel the continuing scourge of piracy afflicting the Somali coast.

The Working Group established that the PMPF had engaged in operations unrelated to piracy, including a recent case in which the police force had worked to prevent a candidate for the Puntland presidency from campaigning in Bossaso, the area's largest city.

Ms. Patel warned that the PMPF was operating outside the legal framework and called on local authorities to integrate the force into "the agreed-upon Somali national security structure and ensure that it is used strictly for the purposes for which it is intended."

Turning to the issue of piracy - a problem which has long affected international shipping in the heavily trafficked waterways off the coast of Somalia - the UN experts said they were satisfied that piracy had decreased over the past year, although they expressed concern at the continuing use of armed guards aboard vessels.

Ms. Patel called upon the international community to reach an agreement on regulations and procedures regarding the use of armed personnel in the shipping industry, cautioning that a failure to do so created risks for human rights violations at sea.

At the same time, the Working Group also examined the use of private contractors by the UN as well as the UN-backed African Union Mission in Somalia (AMISOM), and welcomed efforts to ensure that the security providers had a clean human rights record and maintained the "gold standard" when it came to human rights issues.

In addition to Ms. Patel of Pakistan, the working group is currently composed of Patricia Arias of Chile, Elzbieta Karska of Poland, Anton Katz of South Africa, and Gabor Rona of the United States and Hungary. Reporting to the Geneva-based Human Rights Council, they are independent from any government or organization, and serve in their individual capacities.