Somalia's high seas LOST to Kenya

[nuune]

MAIN POINTS

 

- There has NEVER being a dispute on Somalia's territorial waters.

- Somalia has always said(until 1991) that its territorial waters are of 200 Nautical Miles, and Kenya never claimed one inch of our higher seas.

 

 

FAST FORWARD:

 

- Since 2009, Kenya and its allies(Europe) worked hard to limit Somalia's territorial waters to just 12 Nautical Miles only and annex some of its territorial waters that hold valuable resources.

 

 

RESULT OF THE HARD WORK BY KENYA & ITS ALLIES:

 

- Somali President submitting a dispute letter to a court today, sadly, this dispute doesn't mention our 200 miles of sea ownership, sad day for Somalia, many more sad days for Somalia.

 

 

END OF STORY:

 

- Somali president accepting that there is a dispute about its territorial waters is the biggest mistake that a national leader has undertaken.

 

- That means, you are disputing about the ownership of your territorial waters with a rogue regime(Kenya) and its allies.

 

- The outcome of the said court is clear, it will favor Kenya to annex some of Somalia's territorial waters(116 kilometers is what Kenya claiming and even awarded companies to do exploration work).

 

- The president submitted 23 pages in English, and is not available in Somali, not shared with Somalis, not submitted to Parliament.

 

- The 23 pages has being prepared by a Norwegian expert who is also an expert and an adviser to Kenya on Maritime, so how come the president hired a man who works with the enemy is beyond comprehension.

 

- The Somali parliament is now closed, and the president hasn't waited until they come back.

 

- It is indeed very clear that the president is being set up, and is don't know what he is doing, or is aware of all this and is destroying Somalia, by not sharing the information with the parliament, with the Somali people, you are indeed a traitor.

 

 

 

WHAT CAN THE ORDINARY SOMALI DO:

 

- Start an online campaign, using Somali radios and TVs as a platform to voice our concern.

 

- Call the boycott of the court

 

- Call for the parliament to impeach the president for disputing Somalia's territorial waters.

 

- The territorial waters of Somalia is indisputable, we can complain about Kenya coming into Kismayo or Ethiopia coming into Beledweyn, but in reality, the two countries know that they are inside Somalia and not claiming a land but are there to flourish their own interests(such as the claim of territorial waters of Somalia).

 

 

 

- We remember very well that dowladii shariifka iney heshiiskii been-beenta ahaa burburisey, was called illegal by the parliament, that was dowlad ku meel gaar ah.

 

Now, this dowlad, full dowlad is acting childish.

 

Our president, is therefore, day and night, in a plane, in a far place, dining and holidaying around.

 

 

Some Somalis will dismiss all of this by saying such cheap and rubbish things like: anagii ayaba dagaal iskula jirnee maxaa bad naga galey, marka hore ajnabiga wadanka gudihiisa nagu heesto maan iska celino; caqli wakaa iyo qasacuu ku jirey.

 

 

WAKE UP EVERYONE, AND DO YOUR BIT

[YoniZ]

You are just playing with emotions.

 

Like it or not, there is a dispute in this matter, and Kenya awarded exploration rights for blocks (L21, L23, L24, L25) according to its parallel boundary claim. These blocks are clearly inside the Provisional Equidistance Line of Somalia.

 

This latest FGS decision in referring the matter to the ICJ is appropriate after the Kenya played games with the previous TFGs.

 

These kind of cases take many years to reach decision. In referring the case to ICJ, Somalia effectively stopped any further exploration in these blocks and prevented new blocks given for exploration. Hopefully by the time of the ruling, Somalia will be ready for utilising its EEZ and beyond.

 

I trust Dr Abdirahman Beileh doing the right thing.

 

Below is the case filed by him:

 

http://www.icj-cij.org/docket/files/162/18362.pdf

[nuune]

Emotions, emotions, oh yeah, thank you.

 

You mentioned EEZ, which gives Somalia just 12 miles, and that is what Kenya and its allies are pushing for, clearly, you are being misled, and this is what our president is arguing for in that 23 pages referred to that court, EEZ is what Hassan is talking about, and he doesn't mention our 200 miles.

 

 

If you are waiting for a court verdict to favor Somalia, embrace yourself that you have given up your territorial waters to a another nation.

 

The point is, why put your rights into dispute with another NATION.

 

I know you and me are on the same point on this, but clearly, president Hassan should have NEVER disputed or referred a letter to any COURT at all.

 

The territorial waters of Somalia cannot be put into a dispute.

 

He SHOULD HAVE TOLD KENYA TO STAY AWAY FROM SOMALIA'S WATERS, and have some balls to speak straight.

 

Kenya has won on this, and our president has done what Kenya wanted since 2009, that is, to submit a letter of dispute to a rogue court, ultimately, Kenya knows it will win such outcome.

 

 

You say, the letter Hassan submitted to the court is appropriate, is that because you believe the court will favor Somalia, because it halts exploration which was stated on paper, you are wrong, sxb, think again, all HASSAN was supposed to do or say was, no exploration on a sovereign nation's territorial waters, and no company will come there to do exploration, if ONLF can threaten many nations not to dig or explore that region's resources, then what do we expect a dowlad ku sheeg to do, write useless letters putting Somalia in danger.

 

 

Such cheap and useless claims by Kenya can be negated by straight talk, strong words, and even counter-claim, yacni, claim Kenya's territorial waters the same way they are claiming our seas, hadal baa meesha lagu hayaa sxb, cidna cid kale kama hadal badno, but Kenya waxey aragtey xoolo banaanka yaalo, and hogaan jilicsan oo nafta ka baxeyso.

 

 

 

ONE FINAL QUESTION FOR YOU:

 

Why is Kenya never claimed territorial waters of Somalia before 2009?

 

 

[Dhagax-Tuur]

Cry baby, cry. Laf dhuux leh ii dhagax aan isla waayey, uu yiri ninkii, it's never haweeney, btw.

 

Simali laba isku heli meyso. In ruuxu reerkooda u damqado oo ay qaranka cagta hoosteeda ay geliyaan iyo iney sharafta dhuleed ee qaran la xafido. Ma dhacayso, waana isku xiran tahay.

 

Kenya would never have dared to even contemplate annexing a Somali territory, maritime or land. Somalis have presented the opportunity to them on a platter. And the fact that there might be valuable resource under is the main driving factor.

 

Don't blame ninka ku damcaya ee eeg damiir xumada iyo meesha soomaali is dhigtay iney sabab u tahay damacan, and possibly future annexation of Somali maritime by Kenya.

 

I hate to tempt fate, waxaanse ka baqi iney noqoto the beginning of many damaaci dhuleed ama badeed ay kusoo qaadaan surrounding states.

 

Alle magan.

[Alpha Blondy]

the bantus and axmars must be STOPPED in their attempts to further carve up reer Somalia's land. in the meantime, the rogue Somalia administrations like Jubbaland and other Nairobi based Somali interlocutors in cahoots with the Kenyans must cut off their relations with the bantus immediately. the enemy is not us, it's outsiders.

[Tallaabo]

That part of the Indian ocean belongs to Kenya therefore the wanlawayn administration should stop wasting its neighbour's time.

[YoniZ]

<cite>

@nuune

said:</cite>

Emotions, emotions, oh yeah, thank you.

 

You mentioned EEZ, which gives Somalia just 12 miles, and that is what Kenya and its allies are pushing for, clearly, you are being misled, and this is what our president is arguing for in that 23 pages referred to that court, EEZ is what Hassan is talking about, and he doesn't mention our 200 miles.

 

 

If you are waiting for a court verdict to favor Somalia, embrace yourself that you have given up your territorial waters to a another nation.

 

The point is, why put your rights into dispute with another NATION.

 

I know you and me are on the same point on this, but clearly, president Hassan should have NEVER disputed or referred a letter to any COURT at all.

 

The territorial waters of Somalia cannot be put into a dispute.

 

He SHOULD HAVE TOLD KENYA TO STAY AWAY FROM SOMALIA'S WATERS, and have some balls to speak straight.

 

Kenya has won on this, and our president has done what Kenya wanted since 2009, that is, to submit a letter of dispute to a rogue court, ultimately, Kenya knows it will win such outcome.

 

 

You say, the letter Hassan submitted to the court is appropriate, is that because you believe the court will favor Somalia, because it halts exploration which was stated on paper, you are wrong, sxb, think again, all HASSAN was supposed to do or say was, no exploration on a sovereign nation's territorial waters, and no company will come there to do exploration, if ONLF can threaten many nations not to dig or explore that region's resources, then what do we expect a dowlad ku sheeg to do, write useless letters putting Somalia in danger.

 

 

Such cheap and useless claims by Kenya can be negated by straight talk, strong words, and even counter-claim, yacni, claim Kenya's territorial waters the same way they are claiming our seas, hadal baa meesha lagu hayaa sxb, cidna cid kale kama hadal badno, but Kenya waxey aragtey xoolo banaanka yaalo, and hogaan jilicsan oo nafta ka baxeyso.

 

 

 

ONE FINAL QUESTION FOR YOU:

 

Why is Kenya never claimed territorial waters of Somalia before 2009?

 

You clearly haven't read the file submitted by FGS. Thus, your 12 miles EZZ assertion is based on your emotional outburst, rather than the contents of the filed document, or even some knowledge about the topic you are discussing here.

 

Why 2009?, your answer is above if you care to read. OIL exploration.

 

Somalia was in coma when the current United Nations Convention on the Law of the Sea (UNCLOS) came into force in 1994. This case is one of many that any Somali government would have dealt with.

 

Your suggestion is what? SFG not to take any legal step, and keep meeting with these Kenyan politicians who are busy giving new blocks to giant oil companies?

 

ICJ is competent in dealing with these kind of matters. It is not as you would have liked to portray a Kenyan stooge. Eritrea vs Yemen 1998 Hanish Islands can attest to that.

 

In political perspective, Kenya lost this case, the same day that Norway couldn't succeed attaining Mr Key's current position.

[burahadeer]

wonder why don't the UN, US and EU issue a press release demanding Kenya withdraw !!!!!

[ElPunto]

<cite>

@YoniZ

said:</cite>

You clearly haven't read the file submitted by FGS. Thus, your 12 miles EZZ assertion is based on your emotional outburst, rather than the contents of the filed document, or even some knowledge about the topic you are discussing here.

 

Why 2009?, your answer is above if you care to read. OIL exploration.

 

Somalia was in coma when the current United Nations Convention on the Law of the Sea (UNCLOS) came into force in 1994. This case is one of many that any Somali government would have dealt with.

 

Your suggestion is what? SFG not to take any legal step, and keep meeting with these Kenyan politicians who are busy giving new blocks to giant oil companies?

 

ICJ is competent in dealing with these kind of matters. It is not as you would have liked to portray a Kenyan stooge. Eritrea vs Yemen 1998 Hanish Islands can attest to that.

 

In political perspective, Kenya lost this case, the same day that Norway couldn't succeed attaining Mr Key's current position.

 

I think the point Nuune is making is valid. Why not dismiss Kenya's claims which are clearly bogus rather than acknowledging a dispute over something which Somalia owns outright? My understanding is that states need to demarcate EEZ amongst themselves - where there is a dispute the tribunal steps in. But this case should have been filed by Kenya - if it felt it really had a case. Not sure why the President did this. And did it when no Parliament was there.

 

So you believe that ultimately the tribunal will adjudicate in favour of Somalia? Why? Does anyone have info on similar cases and how they turned out?

[nuune]

ElPunto, the facts are there for Yoniz, and he can't deny these facts:

 

- That the president submitted the letter to the court without parliament approval.

 

- That the president hired the same Norwegian man who is adviser of Kenya for maritime issues.

 

- That Kenya is claiming Somali territorial waters.

 

 

Now come back to his thinking(Yoniz), this is what he believes:

 

- That Somalia is right to submit a letter of dispute

 

- That Kenya is not obliged to submit a letter of dispute(Kenya supposed to take action since they made the claim, so it is a win for them that Somalia did submitted the letter).

 

- Yoniz, also believes that Somalia will win such court cases(maybe he works for the court!!).

 

 

 

[ElPunto]

^Relax Nuune. The fact that Kenya felt it could award exploration blocks to oil companies necessarily means that it disputes the boundaries of Somalia's territorial waters. If the Somali govt wanted to award exploration rights - Kenya would tell companies that contracts are invalid since they claim those waters as their own. This issue has to eventually be resolved one way or the other. But I agree the Somali govt should not have filed the suit. Kenya didn't file and that may mean their case is weak. Ultimately - Kenya won a PR point - but that's it at this stage.

 

No one holds this govt to account in the press - it is just very strange. Poor Shiekh Shariif - the shrieking in his Kenya giveaway was heard around the world. Maybe has to do with the idiot who is the speaker of parliament today.

[YoniZ]

Nuune,your logic is to not respond to the Kenyan move, that gave exploration rights for the blocks I mentioned in my earlier response. There is a clear Kenyan purloin which Somalia cannot do anything except empty protests to the companies awarded to those contracts.

 

Tell me the difference between this and the Hanish case. Why SFG will keep silent? I have little doubt that Kenya have even promised to give security protection to the exploration of those blocks.

 

There is an aggression, and if you can't respond militarily (which is the case now), SFG is obliged to use other venues available rather than shut up and wait the day these blocks produce oil - which will even be harder to resist.

[malistar2012]

 

 

well done

[nuune]

^ That picture is an insult to Somalis and Somalia in general

 

That picture translates that there is no such thing as Somalia as the symbol of Somalia is missing.

 

In that picture, Kenya sees you as just being a rogue member of IGAD, nothing more, you forgot your flag, you are regarded as retard!

 

 

 

 

[Ismahaan]

Nuune and dhamaantiin salaan! Long time no see. The agreement the so called Somali government has made with Kenya was the biggest MISTAKES " that have ever occurred in Somali history.

 

The above source clearly says:''This leaves Kenya with one year to meet the criteria for approval, a task that is now being complicated by the situation in Somalia — a key neighbour with which it must be in agreement with before it can get the extra sea territory.'' this means if the so called Somali government has never signed this deal with the Kenyan , this dispute would never exist.http://www.theeastafrican.co.ke/news/War-hits-Kenyas-bid-to-expand-waters-/-/2558/1316006/-/xtjdaez/-/index.html.

 

Kenya Attorney General Githu Muigai: Kenya and Somalia had agreed on the continental shelf maritime boundary and the agreement was deposited at the Law of the Sea Commission. However, Somalia parliament refused to ratify the agreement and consequently, Somalia President wrote a letter withdrawing the agreement. http://www.standardmedia.co.ke/entertainment/pulse/article/2000133150/somalia-sues-kenya-over-border-dispute

 

Facts on file:

 

a) Somalia made its territorial sea claim in 1972 submitting and depositing the relevant legislation at the United Nations.

 

b) United Nations Convention on the Law of Seas (UNCLOS) came well after the Somalia's territorial sea claim.

 

c) Somalia signed the UNCLOS without giving up its 200nm of territorial sea.

 

d) Conventions are signed with reservations if state doesn't agree to all clauses.

 

e) Somalia's Transitional Federal Government (TFG) through its Minister for International Cooperation has on May 7, 2009 entered into Memorandum of Understanding with Kenya.

 

f) Somalia's Omar Abdirashid, then Prime Minister has written to the UN's Ban Ki Moon on his government's intention to submit information on its territorial sea; part of this information formed and included the MoU with Kenya.

 

g) Somalia's Transitional Federal Parliament (TFP) on August 1, 2009 unanimously rejected the Memorandum of Understanding (MoU) with Kenya which suggested there was a disputed zone in a territorial sea belonged to Somalia. The TFP also rejected any subsequent future demarcation and delimitation talks with any state including Kenya.

 

h) The current President has written a proclamation letter and submitted documents to the UN which contain part of the MoU and which is more dangerous than the MoU itself: it completely bypasses Somalia's only relevant National Legislation.

 

Our Country has on September 10th 1972 passed a National Legislation specifying the breadth of our Territorial Waters. The law states that "the Somali territorial sea includes the portion of the sea to the extent of 200 nautical miles within the continental and insular coasts, delimited according to the provisions of articles 2 and 3 of this law". Till to-date, this remains applicable and as the only valid instrument governing the Somali Territorial Sea locally and internationally, and is at the UN.

 

When Somalia signed the UNCLOS in 1982, it signed with reservation on the articles of this law (Law No. 37 of the sea and ports). In other words Somalia owns 200nm as its territorial sea. Opportunistic forces have since 1991 being seeking to deprive substantial volume and breadth of our territorial sea.

 

Risks and Dangers!

 

Risks are as many as losing 188 nautical miles; here are few:

 

1) Losing our sovereign waters.

 

2) Losing valid legal bases to prosecute and held liable for those who have been illegally fishing from our waters for the past 24 years.

 

3) Losing legal bases to pursue and held liable for those who dumped our waters with toxic industrial materials.

 

Dangers!

 

1) Inviting for unnecessary disputes to our territorial sea hence leading to demarcation which could result losing big portion of our waters to neighboring coastal states.

 

2) Having no power to tell off the warships on our waters today as those waters would be recognized as international waters or an EEZ where Somalia has no sovereign authority to deny the presence and passage of these ships.

 

3) In case of a war in future we cannot protect our country from 12nm as this is very short distance within reach.

 

4) Living with diseases arising out of the already polluted waters.

 

If you care about the 200nm of Somalia's Territorial Sea/Waters, please sign this petition. By signing this petition, you speak for those who are yet to be born and those who are not able to speak! Somali people will succeed Inshaa Allaah!

 

Somali Territorial Sease Defence Initiative

 

Contact:

 

Email: aw-faarax@outlook.com

 

Please share and sign https://www.change.org/p/the-somali-federal-parliament-defend-our-territorial-sea-stick-to-law-no-37

 

May God protect us from those traitors