Keny-Somalia: Treading Uncharted Waters

E D I T O R I A L
Hiiraan Online

Somali Minister of Planning and International Cooperation Mr. Abdirahman Abdishakur and Kenya Foreign Minister Moses Wetangula

The story of Somalia ’s Minister of Planning and International Cooperation Mr. Abdirahman Abdishakur Warsame signing a memorandum of understanding (MOE) with Kenya ’s Minister of Foreign Affairs Moses Wetangula on a historically contested maritime border issue caught many Somalis and Somalia observers by surprise. At a time when piracy at the Indian Ocean was the issue of concern in the West, Somalis across the globe were busy studying the MOE between Somalia and Kenya and were wondering the extent of damage if any to Somalia’s maritime border dispute with Kenya. The shocker came mainly due to the fact that the Government of National Unity (GNU) of Somalia who is yet to establish itself firmly on the ground, administratively and institutionally, and is only few months old, is tackling head on and some fear carelessly, complex international issues that it clearly lacks understanding, capacity and stature to come to the negotiating table as an equal partner.

For more information about this memorandum, visit: http://www.un.org/Depts/los/clcs_new/commission_preliminary.htm

The Memorandum of understanding signed between The GNU and The Republic of Kenya is said to grant each other (in this case, Kenya) a no-objection with respect to their submission on the outer limits of the continental shelf beyond 200 nautical miles to the commission on Limits of the Continental Shelf of the United Nations. Even though the memorandum clearly stipulates that the contested maritime border issue remain yet to be resolved in a court of law, it does not articulate why Kenya needs the consent of the Somali government for its proposal. Many Somalis fear that this hastily signed MOU may allow Kenya to lay claim on the expanded territory under consideration and this agreement may come back to haunt Somalia in the future when real negotiations begin in an international court addressing the maritime dispute between the two neighboring nations.

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Moreover, many Somalis question the wisdom behind this hurried deal and the Somali government’s inability to foresee uproar from the Somali public as is the case now. The government could have established a commission of learned Somalis in and outside of the country to study the proposed agreement and to advise it on a way forward. With the corrupt practices of previous Somali governments, many Somalis are skeptical of hastily signed international agreements and are fearful that neighboring countries such as Kenya are taking advantage of Somalia’s relatively weak status as a failed state.

Whatever the case is, this issue has galvanized the dormant national instincts of Somali citizens across the globe. The GNU as a Transitional Government appears to have neither the legal authority nor the mandate and capacity to sign questionable treaties such as this.
Prime Minister Omar Abdirashid and President Sharif owe a full explanation of the issue to the Somali people and to explain why it was necessary to hastily engage in this matter before consulting with Somali scholars and other international experts.

The Government of National Unity should prioritize its mounting local and international issues and is well advised to exercise caution next time, before hastily signing future agreements with dreadful consequences for Somalia.

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