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by Rashid Yahya Ali
Saturday, October 11, 2008
Justifiably, the uproar and fuming anger in reaction to the seriously flawed and outright bellicose proposition Mr. Kipkorir put forward in his two articles about Somalia are well founded and within the bounds of reason.
If the presumptuous not to mention the condescending arrogance of proposing to practically erase from the map of the globe a UN member state does not earn you the ire of its citizens, one should hardly expect complimentary bouquet of roses or thank you notes.
Somalia may today be the sick man of Africa, but the social ills lurking under the entire continent’s vast expanse could erupt anytime under anyone’s feet, even Kenya not being the exception as was vividly demonstrated by the political riots which followed in its last elections.
Not that the ills of Africa or the suffering of other Africans is comforting, far from it, but no one should cynically celebrate the ill fortune befallen on Somalia.
Again; despite its tragedies, Somalia is to this day a sovereign state, with a national flag and territorial integrity still intact as well as an active member of the world community in the United Nations organization.
And of course, with utmost gratitude of every Somali; Yes! Kenya has helped Somalia to the extent possible, allowing hundreds of thousands of its citizens to flee across the border.
But; Mr. Kipkorir is treading on gravely dangerous grounds by suggesting that “Somalia be divided or annexed” between Kenya and Ethiopia, listen to this, out of a sense of a brotherly concern and duty for the good of the Somalis and to serve the strategic interests of those nations.
Indeed; for preserving international security and peace between member states and to prevent aggression, the covenants and charter of the United Nations manifestly declares on Chap 1, Art. 2, Para. 4, that “ All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
Shockingly, Mr. Kipkorir, a lawyer by profession, abets a profoundly flawed doctrine which not only blatantly violates the spirit and norms of international law, but he enthusiastically supports a plan that could seriously imperil the security of the entire region.
What does the good lawyer suggest for the solution of the Republic of Congo? Perhaps dismember it and distribute it piece by piece among Rwanda, Zambia, Angola! How about the question of Iraq? Let Iran annex it or may be divide it between Syria and Saudi Arabia!
Indulging in greasy smear and vilification, disparaging the integrity and questioning the rightful status of a sovereign nation, without any verifiable legal basis, and subsequently threatening the fate and future of a whole people, for no apparent reason, except perhaps to ingratiate oneself to the affections of former masters, is really crossing the line.
With relief; it is a source of comfort and certainly gives solace to know that Mr. Kipkorir is not a policy maker or a high official in the ranks of Kenya’s foreign ministry. Men of similar world view and frame of mind have only brought sorrows and suffering to their fellow brethren.
Worse yet; Mr.; Kipkorir resorts to fear tactics and intimidation to silence the displeasure and the strong feelings expressed by many Somalis in the Diaspora in defense of their mother nation. Not condoning derogatory epithets, the right to express disdain and protest wrong is a natural reaction enshrined in the constitutions of many of the host countries where many Somalis have fled in search of security.
Nevertheless; the mere presence of a Somali, whether a naturalized citizen or under refugee status, in a foreign country does not abrogate his/her natural right to express opinions. Moreover; the freedom of speech to express one’s convictions on matters pertinent to foreign issues or for that matter taking a political position opposing that of a host nation, does not necessarily diminish one’s allegiance or make one disloyal to the adopted nation.
On the contrary, self expression is a fundamental human right. And the love of a country is the most natural and innate human spirit of displaying ones’ deep emotional attachment to a people, culture and a country. The love of a country is not prescribed through passports and ID cards, rather it is manifested naturally through an individual’s devotion, bond and identification with a people and a land, willing and ready to make sacrifices, forfeiting life and fortune, risking everything to defend his/her home, people and values.
Hence; Somalis in the Diaspora or in proper Somalia or wherever else they be, or what passports they may hold, do not have to severe their bond and love for their mother country and are legally within the bounds of their inalienable right to freely express their opinions.
As a matter fact; the Unites States, where I reside, has one of the most permissive laws on dual citizenship. In l952, the Supreme Court of the nation ruled that forcing a citizen to choose between nationalities had no statutory foundation.
Therefore; for the record; the author’s claim that “one can not carry a country’s passport and owe allegiance to another” is not supported by any legal premises. Indeed; it is contradicts human nature. The human heart is big enough to love , not only two, but all of humanity in all its diversity.
Again; In l967, in Afroyim v Rusk, the Supreme Court decided by voting that a foreign election could not cause Americans to lose their citizenship. Now, in accordance with the US constitution, the14th Amendment stipulates that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. (The Issue of Dual Citizenship in the US ; New Media Journal; Nancy Salvato, Senior Editor; July 11, 2008)
Legal scholars have interpreted this as meaning citizenship could not be taken away without a person’s assent.
Suffice it to say that Mr.; Kipkorir should not be “shocked most by the reaction of Somalis with passports of Kenya, America, the UK, Denmark and Canada.”
Additionally; the sad state of Somalia, does not by itself constitute legal grounds to deny its existence. In fact; if there is one nation in Africa that is practically suited to establish thriving democracy and nurture sustainable nation-state, none matches Somalia. Somalia is a nation of one ethnicity, one religion, culture and one language. The Somali people did not fail, unauthentic leaders, with the blessings of mightier powers, betrayed Somalia.
Rashid Yahya is a practicing structural engineer with Masters Degrees in Civil Engineering and Masters of Business Administration in Finance from the University of Maryland at College Park and the University of Baltimore in Baltimore City; respectively. E-mail: [email protected]
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