What The Berbera Port Agreement Means for the Federal Government of Somalia

[Deeq A.]

The signing of the tripartite agreement on Berbera Port made to coincide with the visit of the Prime Minister of the Federal Government of Somalia  in UAE presents the Mogadishu-based government with the second sovereignty-diminishing problem. The first occurred several months after the inauguration of President Mohamed Abdullahi Farmaajo  in February in  2017, when a Somali national was extradited to Ethiopia for allegedly being a member of ONLF. The Berbera Port Agreement will reduce the image of the Federal Government of Somalia as a key negotiator with Somaliland Government on the possibility  of giving union a second chance or opting for amicable break up of Somalia into two sovereign states in the Northeast Africa. Controversial though the Port deal is the onus to prevent it  from turning into a divisive issue among Somalis and Somalia's international partners is, one hand,  on Somali political leaders  in Hargeisa and Mogadishu , and the International Community on the other.

If, as Somaliland argues, the agreement was concluded between the Somaliland government and the former Federal Government under President Hassan Sheikh Mohamud, the federal government should share with the public the documentation on the agreement. The bone of contention in Berbera Port agreement pertains not to allowing Somaliland to sign an agreement with the DP World; it revolves around the share a foreign country, Ethiopia in this case, will have in the deal. The Prime Minister of Somalia, Hassan  Khayre, stated that the Berbera Port agreement  was in violation of the Draft Constitution of Somalia. It is understandable that an agreement signed by a predecessor government will be hard to rescind; it will put in the public sphere the capability and reliability of the federal government up for discussion.  Somalilanders counter the federal government’s statement with a response that emphasises inability of the government to operate without reliance on AMISOM.  If  sovereignty  of Somalia does not entitle a national government to the right to challenge external actions  affecting territorial or political  unity of Somalia, the double standard that is undermining the post-World War II Order will inescapably   come to the fore. 

DP World, which is based in UAE, a county that contributes to the development of Somali security forces and the national army  and where DP World is based , and Ethiopia whose troops are part of AMISOM,  have now in their hands the powers to undo what  the British Government has done to help Somalis to phase out the Transitional Federal Government and pave the way for a permanent federal government whose performance has lifted Somalia out of the failed  state status and placed in a fragile state status.  Interdependence among African countries is a worthy goal but it should not be realised at the expense of budding political institutions  for a country recovering from  a prolonged civil war and statelessness. 

The Federal Government of Somalia and Somaliland Government should explore ways to discuss the legality of the agreement. If there is no clarity on how  the Federal Government of Somalia will share  revenues to be generated from the Berbera Port deal,  Somaliland will face accusations that it is operating outside international norms.  If, as Somaliland government argues, the former federal government leaders   gave the greenlight  to  sign the tripartite agreement, it should not push the federal government  into corner by  making it look like powerless to challenge the Berbera Port agreement.  There is short term damage to Somali Federal Government institutions if the incumbent government is not able to put the implementation of the agreement on hold; the longer term damage will affect Somaliland's quest for statehood. It will have acted like a sovereign state when the question of union or secession remains unsettled. That is not a road to take to become a new sovereign state in Africa. 

 
Liban Ahmad
libahm@icloud.com

[Old_Observer]

10 minutes ago, Oodweyne said:

Point Two, we do not see the need we have to even entertain any respect for something they call a federal constitution. For we didn't vote for that constitution nor did we take part in its creation. Hence, it's as useful to us, or relevant to us as the constitution of Burkina Faso (just in case it could be said that they have one around). 

How did Burkina Faso came to your thought? Do you mind elaborating?

The Federal constitution of Somalia is at a stage redy for debate and voting. Not yet full fledged approved constitution, but there is a working framework agreed in Kenya for second TFG and that is the framework the SFG operates based upon. Since that was agreed and approved by representatives, that is the one that is the constitution now in effect.

 

 

[Suldaanka]

4 minutes ago, Old_Observer said:

Since that was agreed and approved by representatives, that is the one that is the constitution now in effect.

What sort of representatives? Somaliland never sent any representative to any Somalia conference past, present or future. 

Whatever consitution they talk about, it is as worthy as used toilet paper. 

 

[Old_Observer]

7 minutes ago, Suldaanka said:

What sort of representatives? Somaliland never sent any representative to any Somalia conference past, present or future. 

Whatever consitution they talk about, it is as worthy as used toilet paper. 

 

Representatives of all regions, everyone warlords, Shieks, clan elders for a month in Kenya. If I am not mistaken there were "one man political party" or "brief case group" from Somaliland that participated. If they are strong and they defeat you then Somaliland was represented, but if they disappear to thin air and forget the whole shindig then Somaliland was not represented.

 

[Old_Observer]

4 minutes ago, Oodweyne said:

 

It's as an "alien document" to us in Somaliland as Burkina Faso one is to us. Why? Well, we in Somaliland didn't participates in the creation of that constitution of Somalia as much we didn't do had anything to do with Burkina Faso one.

Secondly, we in Somaliland have our own constitution (a written one, mind you) in which the public had voted for it in a referendum in June of 2001.

Thirdly, the representative that may or may not have debated the SFG constitution in Mogadishu were never send by us on a official capacity. Nor were they elected to represent the voters of Somaliland at any legislative body in Mogadishu.

Hence that constitution in Mogadishu is really an "irrelevant fiction" to us in Somaliland. Therefore it's not a legal document that is "enforce-able" (in any sense of the word) in our land. This is the point that I am getting at. Do you see argument now, mate?

Absolutely.

Its just that Burkina Faso was hot potatoe at one time, until the late Meles Zenawi went there and if my memory serves me right spend a week and sorted out the whole country (palace). Ethiopian airlines also owns the airline of the country.

[Old_Observer]

7 minutes ago, Oodweyne said:

Not true. For no one who was legitimate (in the sense of elected MPs, or officials parties, or even a government representative) speaking on behalf of Somaliland ever took part in the SFG constitution. Particularly from its beginning of 2004 to this day they are debating how to bring it before voters so that they will vote for it.

Hence, as I said it, it really is an alien legal document to us. And they know it. That is why they can't pass in to a referendum, since the absence of Somaliland from that referendum will effectively, in the constitutional sense, end the farce of the union they try to keep it on the road. 

Agreed.

That is why I call these kind of persons briefcase lone man and family at the most party or group.

Nothing official  or even sub-sub-sub clan representation. Just few friends to make a buck, since one of them disappeared as soon as war between TFG and ICU started.

There is literally hundreds of them among Ethiopians in DC mainly, but also in London and Bruxcelles. All kinds of names for every occasion, for any remotely can be called conference. The most fighting they do is take their pictures infront of state department. Now that has gone one step up. They have handshake and picture in street or restaurant with some US official, congressman etc.