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JNA= Is Not In Compliance With Somaliland Constitution

ISSUE 239
Front Page
Index
Headlines

The UK To Increase
Assistance For Somaliland Police

Ottawa And The Deputy Speaker Of The Somaliland Parliament

Somalia's Islamists Seize Pirate Strongholds

Prevention Of Mother-To-Child HIV Transmission Starts

France Agrees To UN Court Hearing Its Dispute With Djibouti Over Immunity Of Witnesses

Islamist Forces Continue Making Gains in Somalia

UN Envoy Calls On World To Stay Out Of Somalia

ON LOCATION: IN SOMALILAND

Regional Affairs

Somalia Islamic Courts Accuse Its Neighbor Countries Of Denying Rights Of Somali Refugees

7 Lashed In Somalia For Pot Involvement

African Military Experts Discuss Peacekeeping Mission for Somalia

President Rayale Invites Group Of UK MPs To Visit Somaliland

Somali Govt Allies Hunt Islamist Clerics, Talks Off

Editorial
Special Report

International News

UK - Somaliland Joint Statement

Ombudsman For Minorities Objects To Deportations Of Somali Criminals

'Body Carried On Bus'

Mayor Recognizes Local Safety Initiatives

The Met Is Doing More For Victims Of Race Hate Crime

FEATURES & COMMENTARY

WORLD STAGE A Forgotten Democracy In The Horn Of Africa

Lost In Somaliland

An Unusual Calm Returns To Mogadishu

News Analysis: 'Islamic Fascists'? Bush Sees A War Of Ideology

U.S. Can No Longer Afford To Ignore Somalia

BBC Correspondents Abroad 'Too White'

14 Arrests Upset Local Somalis

Food for thought

Opinions

JNA= Is Not In Compliance With Somaliland Constitution

The Pesudo-Politicians Without Border

Why Repeat Another SOPRI Conference Without Purpose?

Open Letter to: Speaker of Somaliland House of Representatives

Mr. Rayale’s Visits: Are They Photo Opportunities Or A Real Diplomatic Work

Response To: “War On Use Of Khat Ignores A Culture.”


Joint Needs Assessment is an Economic, Reconciliation, disarmament activities for 23 clan-based fighting factions led by ruthless war-lords including War-lord President Col Abdillahi Yusuf Ahmed and Peace Building, disarmament Programs for Southern Somalia, which was initiated by Italy through United Nations Bodies and the World Bank, in order to resolve the on-going clan-wars that prolonged the Anarchy in S. Somalia. It is known all over the World that both United Nations Bodies and the World Bank have failed many times to report or act upon on the basis of the actual realities taking place on the ground of their member states, in particular Africa, Asia and Latin-America. In most cases their reports are based on preconceived ideas provided by a biased political faction from the country the mission has been assigned to visit for identification of their priority needs. For example, all their economic development prescriptions to developing countries through what they called Economic Adjustment Programs that destabilized politically all the countries that swallowed the bitter BILL and in some cases triggered disastrous civil-wars that made certain States not functional. These Agencies did not campaign against the injustice and cruelties of the apartheid system in Southern Africa over 50 years; they failed to stop the initiation campaign, as well as the implementation of the Genocide in Rwanda even though the Blue-Helmet UN Force was in the country. They have ignored the genocide and the abuses of human rights that triggered the liberation war waged by Somali National Movement for 11 years against the Military Regime of Siyad Barre, in which they victoriously crushed the mighty force of that Regime and their intervention saved the on-going GENOCIDE against the major CLAN (i.e. ISAAQ) in Somaliland in 1988. As a matter of fact the war waged By SNM against the former Regime of Somali Republic primarily caused the Regime of Siyad Barre unable to function and eventually got busted. These International Institutions did not report upon the fact that 40% of the influential members of the Transitional Federal Government’s Council of Ministers are former ex-ministers, Ambassadors and military officer of SIAD BARRE’s Regime that was disbanded early 1991 and played a major role in the implementation of the corrupt and oppressive policies that made the Former Somali Republic a Failed State. From the documents reviewed, 15 UN/World Bank Consultants for this Joint Needs Assessment Program are Somali Unionists, who used to be Ministers, Ambassadors and advisors to the ruthless and corrupt government of the Failed STATE of Somali Republic and probably maintain Partnership role with the Transitional Federal Government. And may be that is why U.N/world Bank mission failed to report upon the fact that FORMER SOMALI REPUBLIC became not only a FAILED STATE, but became NON-EXISTANT from early 1991, after the state bodies and government institutions crumbled and human resources manning all public sector agencies became employees for their CLAN-FEIFDOM enclaves administered by ruthless war-lords. They failed also to report that Somaliland Government has reclaimed its independence from former Somali Republic, which do not exist as at 18/05/1991and established a successful functioning State Bodies and Government Institutions guided and administered by CLAN-BASED CHARTER In addition they did not report upon the fact that Somaliland has the capacity and the political stability to qualify an ECONOMIC PACKAGE similar to the MARSHALL PLAN sponsored by USA to European Common Market Countries after World-War II for reconstruction and development, while other Regions of former Somali Republic are run by clan-based war-lords and their cronies. On the basis of these facts, UN/World Bank mission should have launched a separate and independent appraisal Mission for Somaliland; instead of falsely assuming that Somaliland is the sixth Region of the failed state and is accountable to the Transitional Federal Government led by the most hated War-Lord among Somali communities, Col. A. A Yusuf, according to the JNA document.

UN/World Bank mission failed to respond to all of my legal questionnaires raised to them last year and concerning the Legal Framework in which the GRANT would be administered and who would be responsible for the implementation processes of the JNA program. Again, I have sent an e-mail to H.E.Ambassador Abdillahi Said Osman last week of July 2006 and asked him to clarify whether the sum of JNA GRANT Proceeds be administered under the laws of Somaliland or otherwise, since he happens to be a member of the experts involved in the Governance Component of the JNA, which is responsible to specify in detail the conditional ties to be met and monitoring mechanisms through defined responsibilities among those charged the implementation processes of the GRANT. Unfortunately, I did not receive any re-action from the Ambassador, although we know each other, since both of us were senior civil servants for former Somali Governments. He was principal Legal Officer with the Attorney General’s Office and I was a Commissioner of Anti-corruption & Principal Auditor, at the Auditor General’s Office, which was known at that time as ‘MAGISTRATE OF ACCOUNTS’. I am at a loss therefore to understand why the U.N/ World Bank mission failed to clarify the THORNY legal issue at the early stages of negotiations. Anyhow, I sought a Legal opinion from a Legal Expert and I am pleased to report that Somaliland can not legally participate in the JNA program, since it is not in COMPLIANCE to Article 1 of Somaliland Constitution, which will definitely undermine the Political Integrity of Somaliland, in which case Somaliland Government has to abstain, since our SOVEREIGNTY IS NON- NEGOTABLE. It is sad that a lot of time has been wasted on this issue, because those responsible in explaining this program to the authorities of the county were either incompetent in explaining to the mission what the laws of the country dictates in administering International GRANTS Agreements of this nature or not aware of negotiating for other alternatives that do not infringe the law of the country or irresponsible by agreeing with 3 rd parties on matters that cannot be approved by the Executive Branch in accordance with the laws of the country. All responsible political officials and officers should have refrained from making decisions on issues that require comprehensive evaluation by multiple experts like the JNA. It should be noted that a legal opinion on this matter have endorsed our view points and on the basis of this it is recommended that Somaliland Government boycott attending the JNA-conference to be held in Rome, Italy sometime this year. Such an embarrassing situation could have been avoided, if the Government has consulted the Legislative Body much earlier for ratification, instead of involving the Parliament when the JNA Regional meeting was taking place in Hargeysa end of last year. This is a serious mistake from the part of the Executive Branch and should be avoided in future.

It is a fact that Somaliland has not yet been diplomatically recognized, but that should not make Somaliland to endorse AGREEMENTS that infringes the POLITICAL INTEGRITY of Somaliland. This is the reality in the ground, but some how or the other, the Professionals or Experts who prepared the LEGAL FRAME-WORK of this program have ignored completely all developments that took place in Somali territories in the Horn of Africa and in Particular Somaliland. Of course there are many Countries in the World that have not yet been recognized diplomatically, but still have the privilege to qualify for GRANTS from International Organizations like the JNA and enter co-operation AGREEMENTS with them on a special arrangement specified in a MEMORANDUM OF UNDERSTANDING like KOSOVO, PALESTINE, EAST T.IMOR…etc…etc. Why does UN and World Bank missions assume that Somaliland is accountable to the so called Transitional Federal Government, which was formed outside the Country from year1991/ 2000-2004 and renewed in year 2004-2008? Why these missions fail to report the fact that Somaliland Government has not participated in all the 16 reconciliation conferences held for Southern Somalia’s fighting factions and the fact that the TFG is still in EXILE and could not implement the clan-based charter that could have legalized their MANDATE temporarily. And why these Missions do not report upon the fact the TFGS led by war-lord President Col.Abdillahi Y.Ahmed will never get the TRUST of Somali Communities wherever they are, including Somali communities from his clan.

We are aware of the fact that U.N bodies, International Organizations, Development Bi-lateral Agencies from friendly Countries and International NGOs have carried out various studies concerning resource requirements for re-building the infrastructure, rehabilitate & re-establish large populations displaced by the clan-wars being waged from 1991-2006 and to re-constitute all State Bodies and Government Institutions that did not function for 16 years. However, resources mobilized from International Community that financed reconciliation conferences that established a THEORITCAL Transitional Federal Government in a foreign soil, failed to make such Government to function effectively inside Southern Somalia. Thus Millions of $ invested, so as to resolve the anarchy and inter-clan wars in S. Somalia failed and no one has been asked to account such a significant resources over all these years. For example, no one knows whether former TFGS (i.e. 2000-2004) Leaders handed over moneys deposited in foreign Banks and other assets that was financed from moneys’ mobilized from International Donors to the Leaders of the TFGS (i.e. 2004-2008) that replaced them. The JNA report do not address how much resources in $ have been invested by the International Community in each of the 6 Regions to be financed from the JNA over the past 16 years and how the proceeds of the old GRANTS were UTILIZED. Most of these studies do not address actual realities prevailing in former Somali Republic territory, since they do not report upon the fact that Somaliland seceded from the failed state and existed as an Independent State that formulated its own Constitution which was approved on a national referendum conducted on 31/05/2001. These studies, also did not report the fact that Somaliland has totally suspended all political, economic and social relation with all the CLAN-BASED fighting factions of Southern Somalia with effect from!8/05/1991and did not participate in the 16 reconciliation conferences held for the fighting factions of S. Somalia and funded by World Community. Thus, the studies conducted by the International Organizations, seem to have been dictated by the fighting factions of Southern Somalia and did not get the opportunity to travel to Somaliland, so as to meet with its state bodies, government agencies, civil society organizations, NGOs, private businesses and other organizations with different interests. In my training, studies should be based on facts and aspirations of the communities responsible in shaping, identifying and deciding upon the opportunities to be tapped for their future developments. Somali Landers should evaluate carefully the moral and material cost that gave birth to Somaliland. Lets us forget the gospel songs of the HUNTERS OF OPPORTUNISM and protect our Integrity from our adversaries and their supporters like ITALY & EGYPT.

Recommendations:-

  • Legislative and Judiciary Bodies should seek an explanations from the Executive Branch why the Legal issue raised in this article and other articles raised in 2005 was not brought to the attention of UN/World Bank missions who visited the country several occasions and why a Legal opinion was not sought from the Office of the Attorney General. In the future it is recommended that qualified Legal officers are involved in all negotiations pertaining to GRANTS from 3 rd parties;
  • Since Somaliland Independence is not negotiable, Somaliland government should abstain to be part and partial of this JNA, which has been solely prepared for the Regions that are accountable to the TFG and as a result its legal base is not in compliance with Article 1 of Somaliland Constitution.

Written by: Mr. Ahmed M.Gedi (sanjab),

1. Secretary General, Somaliland Justice and Welfare Party.

2. Principal Consultant, Public Integrity & Anti-corruption Center.


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