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Ambassador Nicholas Kay: Supreme Ruler above Somalia’s Constitution

UN Special Representative to Somalia Ambassador Nicholas kay 

Tuesday September 16, 2014
By Mohamud M Uluso  

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Optimism for peace and recovery in Somalia has become a transient feeling quickly dashed by the occurrence of violent incidents and discovery of gross  wrongdoings. Many observers have expressed cautious optimism for better outlook after the recent killing of Ahmed Godane, leader of Al Qaeda affiliated group Al Shabab by US air strike, the military offensive against Al Shabab strongholds, and the rapprochement between Ahmed Madobe, leader of Interim Jubba Administration and his rival Col Barre Hirale. But, this short-lived optimism has been eclipsed by suicide attack that caused the death and injury of many innocent civilians, report of outrageous sexual abuse by African Union forces against Somali women and girls, new political infighting over the Council of Ministers’ firing of the Chief of Somali National Security and Intelligence Services (SNSIS) for abuse of power and unbecoming behavior as well as by the hostilities on clan segregation (ghettoization) called clan federalism. Somalis are consternated by the clear prospect of political, security, and economic stalemate situation.

The federal government installed to effectively represent and lead Somalia on the basis of the Provisional Constitution has become in less than two years a vain entity which serves the gluttony of public officials and the treacherous agenda of certain international actors. The structures established for security, justice, political participation and accountability, have been discredited for corruption and dependence on foreign powers for legitimacy and benefits. Pervasive misinformation about the prevailing reality in Somalia has become a major obstacle to building public confidence for real progress.

Ambassador Nicholas Kay, the Special Representative of the UN Secretary General and Head of UN Assistance Mission in Somalia (UNSOM) emerged as the Supreme ruler who remains above the provisional constitution. He acts in conformity with foreign rules and agenda outside the Somali sovereignty. This indirect rule has made local participation in politics futile exercise, and threw out the social contract between the federal government and the people. Somali leaders are considered as marshals of the Supreme Ruler. No doubt, Somalia needs badly all help it can get from the international community to overcome its current tragic situation but it does not need a foreign ruler free from the loyalty, application, and respect of the provisional constitution and from the constant need to enhance the long term social relation among Somalis.

The cornerstone of the treacherous agenda of certain international actors is the formation of clan federal member states in South Central Somalia. This task is assigned to technical committees directed by the United Nations and IGAD. The formation process is not regulated by legal framework based on principles of constitutionalism, legitimacy, local ownership, and respect of the will of concerned citizens. For the fact that clan segregation (clan federalism) is inherently flaw, divisive, and unconstitutional, the international community resorted to use tactics of framing, corruption, threats of sanctions, and fait accompli line of reasoning, to erect an unsustainable model of self-governance in Somalia. Clan segregation (clan federalism) weakens Somali identity, cohesion, and long term survival.

The formation of the States of Jubbaland still mired into escalating confrontation, of Southwest of six regions (SW6) created in Baidoa and Southwest of three regions (SW3) created in Mogadishu under international manipulations, and of Mudug and Galgudud created in Mogadishu, has generated the expected internal controversies intended to justify and intensify the direct involvement of foreign powers in the internal affairs of Somalia. Without success, Somali leaders visited Baidoa to promote the SW3 and to disband the supporters of SW6 who suffered death and injuries, harassment, and humiliations in hands of African Union forces, IGAD, and UNSOM. However, SW6 supporters defended peacefully and with dignity their constitutional rights.

On September 8, Ambassador Nicholas Kay probably worried about the risks SW6 posed to the advancement of clan segregation project went to Baidoa to make clear that the talk about the SW6 must end and Digil and Mirifle Community must rally behind the SW3. Ina press statement, Ambassador Nicholas Kay said, “the momentum of Somalia’s statebuilding process must not be interrupted,” and “I urge those who remain outside the process to support the agreement [SW3] and contribute to building a federal Somalia.”

Although he met with the leaders of SW6 supporters, he omitted mentioning the meeting and their position in the press statement. This shows the extent the UN is ready to go to misrepresent the reality on the ground and stoke social and political conflict for mystifying reasons. In substance, the message of the visit has been that the UN wants SW3 and that the aggrieved majority has no right to protest against UN decision. The UN actions alienating the majority condone political disenfranchisement with serious repercussions to the future of Somalia.

A separate press release of the Somali parliament issued on a meeting of Speaker Jawari with Ambassador Nicholas Kay in Baidoa highlighted that the parties discussed ways to form the Southwest State. The Speaker’s press release did not mention SW6 and SW3 or people outside the state formation process or warnings against anyone. Later, Speaker Jawari announced Digil and Mirifle reconciliation conference to be opened in Baidoa.

Immediately, the Chairman of the Council of Elders of SW6 Malaq Hassan Shurre Mohamed wrotea letter to Speaker Jawari, Prime Minister Abdiweli, and Ambassador Nicholas Kay, in which he welcomed the reconciliation conference among Digil and Mirifle Community but opposed to the attendance of Prime Minister Abdiweli Sheikh and other politicians at the conference to avoid mixing politics with traditional reconciliation. The Chairman appealed Prime Minister Abdiweli not to come to Baidoa and interfere in the internal affairs of Digil and Mirifle. UNSOM spreads the news that the conference is to form SW3, while Somali TVs, BBC, VOA, and other media outlets report demonstrations, tensions, and accusations against the federal government and UNSOM. Most members of federal parliament stayed away from the conference.

The UN and IGAD will continue to push the fait accompli of the clan segregation (clan federalism) in South Central Somalia, but the interest of the Somali people lies in an intra- Somali dialogue on the suitable system of self-governance in the 21st century. Continuation of current clan segregation (clan federalism) could also jeopardize major interests of the international community in Somalia.

Mohamud M Uluso
[email protected]

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