Puntland Government Position on Natural Resources in Somalia

[Daqane]

Puntland State of Somalia

 

Petroleum and Minerals Agency

PRESS RELEASE

May 25, 2013

 

Puntland Government Position on Natural Resources in Somalia

 

t has come to the attention of the Puntland Petroleum and Minerals Agency (PPMA) that over the past few months the international media has been covering matters concerning hydrocarbon issues in Somalia.

 

Many of these reports have contained misleading information about the nature of the Somali Federal Constitution and the constitutional rights of Federated States. This press release seeks to correct and clarify the legal issues and rights and responsibilities surrounding hydrocarbon issues in Somalia.

 

Puntland State of Somalia is a Federated State within the Federal Republic of Somalia, with an adopted State Constitution. The people of Puntland are proud to have contributed significantly to rebuilding Somalia through their efforts to ensure peace, security, governance, and economic development, and will continue to do so.

 

On August 1, 2012, the Somali National Constituent Assembly – of which Puntland had delegates – adopted the Provisional Federal Constitution (PFC) in Mogadishu, under which the country’s current Lower House of Federal Parliament and new President were established.

 

Provisional Federal Constitution

 

Under Article 55 of the PFC, the Somali Federal Government (SFG) has the following four delegated powers: (a) Foreign Affairs; (b) National Defense; © Citizenship and Immigration; and (d) Monetary Policy. These powers, as the Constitution states, are the only “powers and responsibilities of the Federal Government” until all the Federated States of Somalia are completely established and reach a comprehensive negotiated settlement with the Federal Government, concerning the final constitutional allocation of power and resources between the Federal Government and the Federated States. The powers endowed to the SFG in Article 55 are also are subject to other constitutional provisions that guarantee the States’ rights of consultation with the SFG over federal matters and national security arrangements.

 

In addition, all matters specifically concerning natural resources are dealt with in Article 45 of the PFC. This Article states that the “the allocation of the natural resources of the Federal Republic of Somalia shall be negotiated by, and agreed upon, by the Federal Government and the Federated States in accordance with this Constitution”. The SFG and the Federated States, once completely established, shall agree upon in a negotiated settlement a system of management and revenue sharing from natural resources, to be incorporated into the finalized Federal Constitution.

 

Article 45 operates parallel to Article 208 of the PFC, which stipulates: “(1) Until such time that all the Federated States of Somalia are established and the Federated State Constitutions are harmonized with the Somali Federal Constitution, the Federated States existing prior to this Provisional Constitution shall retain and exercise powers endowed by their own State Constitution. (2) Existing Federated States must be consulted in the decision-making process regarding the federal system and national security arrangements”.

 

Puntland State Constitution

 

Following on from these Articles in the PFC, Article 54 of the Puntland State Constitution stipulates that Puntland State owns, administers and receives all the revenues from natural resources in Puntland. Under the provisions of the current PFC, Puntland shall retain its constitutional rights – enshrined in the Puntland State Constitution and in harmony with the PFC.

 

Puntland Petroleum and Minerals Agency

 

The Puntland Petroleum and Minerals Agency (PPMA) is the competent authority charged with the management, oversight and regulation of Puntland Government’s hydrocarbon and minerals policies and operations.

 

Any entity, either from the Somali Federal Government, or any individual(s) purporting to be a consultant to, or having a role in advising the Somali Federal Government or Puntland Government, whether they are foreign or Somali nationals, are not responsible for, nor have the authority to discuss, negotiate or represent Puntland Government in hydrocarbon and/or minerals operations in any part of Puntland territory, onshore or offshore, to any Somali or foreign company.

 

Confirmation of Support for Current PSAs in Puntland

 

Petroleum and Minerals Agency PPMA reaffirms that the people and Government of Puntland shall honor, respect, and uphold the current PSAs with our partners. These contracts were signed in 2007 and are legally valid agreements.

 

Further inquires, please contact: Mr. Issa M. Farah, the Director General of Puntland Petroleum and Agency at (dhollowaa@gmail.com)

[Haatu]

These guys are the real obstacle to peace in Somalia. If given their way Somalia has no hope. The sooner Faroole and his ilk are disposed of, the better for everyone.

[Saalax]

Mogadishu refuses to share the aid it gets on the Somalia name with Puntland. I don't see why Puntland should share

its resource with Mogadishu. You reap what you sow.

[D.O.C]

Puntland is a dry barren land, no natural resources was found.

[warsamaale]

How are they an obstacle to peace ?? are these guys fighting and causing anarchy, choose your words correctly waryaa. somalia still has lingering clan mistrust and unless that is not handled through a proper and real reconciliation, don't expect puntland to hold hands with HAG administration and sing kumbaya,, instead of the reflex MJ hate most somalis peddle.

[Haatu]

^Heh! Faroole and co want the balkanization of Somalia. I say NO to that and I will not shirk from it.

[Wadani]

warsamaale;955543 wrote:

How are they an obstacle to peace ?? are these guys fighting and causing anarchy, choose your words correctly waryaa. somalia still has lingering clan mistrust and unless that is not handled through a proper and real reconciliation, don't expect puntland to hold hands with HAG administration and sing kumbaya,,

instead of the reflex MJ hate most somalis peddle

.

In my years of perusing Somali news wbsites, forums and talking to nomads in real life it's clear that MJ's and SNMers are the two most hated clans. Is it a coincidence that they also happen to be the two most successful clans in almost every indiciator of development? Somalis have a serious issue with envy and xaasidnimo which we need to address before we can move forward.

[Haatu]

Wadani;955549 wrote:

In my years of perusing Somali news wbsites, forums and talking to nomads in real life it's clear that MJ's and SNMers are the two most hated clans. Is it a coincidence that they also happen to be the two most successful clans in almost every indiciator of development? Somalis have a serious issue with envy and xaasidnimo which we need to address before we can move forward.

Inanillahi...

[Wadani]

Haatu;955551 wrote:

Inanillahi...

What r u disputing? They they, and the clans who live in their regions, are doing the best in terms of development? Or that they r the most hated? The first is an objective fact for now at least, but can soon change with the fast pace of development currently taking place in the south. The second is open for discussion, but ur response would still be uncalled for since I was only relating my own personal experiences.

[warsamaale]

indeed, Haatu should start off the exercise

[Tillamook]

Haatu;955511 wrote:

These guys are the real obstacle to peace in Somalia. If given their way Somalia has no hope. The sooner Faroole and his ilk are disposed of, the better for everyone.

 

Haatu, aren't you being a bit rash with such a reckless statement here? Love it or loathe it saaxiib, Faroole is doing a great job by insisting the federal government in Xamar abide by the federal constitution, which in this day and age, is the only tool we have that can bring divided Somalis together.

 

Putting aside your senseless knee jerk reaction to anything to do with Puntland, can you tell us, what is wrong with Puntland and the Somali people who live there having full control of the resources under their feet? That press statement simply reiterated that Puntland retains full sovereignty over its territory until such a time that all other Somalis, through their respective federated states, come to the table and agree to share everything we possess as a Somali people in an equitable and fair manner.

 

Marka ninyahow wax nafac leh meesha la imow!-- Hadal ma aha, "Faroole and co want the balkanization of Somalia". What evidence do you have to support such wild claims? Do you even know what the term "balkanization" refers to?

[Haatu]

To the Faroole apologists, what Faroole wants is a Somali confederacy not a federation, going by his actions and demands in the past 2 years. I believe that a confederacy will be the final nail in the coffin for what once was Somalia. As for their stance with regards to the resources, it is illegal first and firmost under international law as those oil blocks in question have already been signed off to other foreign companies. What Faroole should be arguing for is a renegotiation of the terms, not short-changing the Somali people accepting peanuts in return for a few million so he can continue the Faroole Inc. hegemony. Secondly, if all regions follow in his footstep, how are we to move on? How is reconstruction to be restarted? Politics aside, how is the central government to get revenues?

 

As for wadani, his sheeko is clan-supremacy and an imagined superiority.

[Wadani]

Haatu;955585 wrote:

 

As for wadani, his sheeko is clan-supremacy and an imagined superiority.

But i'm not MJ nor from Puntland.

[Waranle_Warrior]

At least Puntland is using logic, what's on the book, rule of law and the Somali constitution when airing their views and sorting out their difference. Unlike others who use anarchism, war and warlordism, the barrel of a gun and an outright provocative measures of power abuse and complete disregard for the laws of the country.

[Haatu]

Wadani;955591 wrote:

But i'm not MJ nor from Puntland.

What you said earlier included another group as well.