Ambassador Nicholas Kay: Supreme ruler above Somalia's constitution?
Mohamud M Uluso
2014-10-03, Issue <
http://www.pambazuka.org/en/issue/696> 696
Special Representative of the UN Secretary General and Head of UN Assistance
Mission in Somalia has emerged as the 'supreme ruler' who remains above the
provisional constitution. He acts in conformity with foreign rules and
agenda outside the Somalia, rendering local participation in politics futile
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 the Al Qaeda
affiliated group Al Shabab by a 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 attacks that caused
the death and injury of many innocent civilians,
<
http://www.hrw.org/sites/default/files/reports/somalia0914_ForUpload.pdf>
reports of outrageous sexual abuse by African Union forces against Somali
women and girls, new political infighting over the Council of Ministers'
<
http://www.hiiraan.com/news4/2014/Sept/56256/somalia_government_fires_secur
ity_chief.aspx#sthash.JIjQJmEN.dpbs> 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 a
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 that mainly serves the gluttony of public officials and
a 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 a 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 badly needs all the 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 frameworks based on
principles of constitutionalism, legitimacy, local ownership, and respect of
the will of concerned citizens. The fact that clan segregation (clan
federalism) is inherently flawed, 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 weakens
the Somali identity, cohesion and long-term survival as a nation.
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. The
Southwest State of six regions constituted major obstacle to the UN driven
clan segregation agenda in Somalia.
Without success, Somali leaders visited Baidoa to promote the SW3 and to
disband the supporters of SW6 who suffered from injuries and death,
harassment and humiliations in hands of African Union forces, IGAD and
UNSOM. However, SW6 supporters peacefully defended themselves with dignity
within their constitutional rights.
On September 8, Ambassador Nicholas Kay probably worried about the risks SW6
posed to the advancement of clan segregation project and therefore went to
Baidoa to affirm that the talk about the SW6 must come to an end.
Furthermore, he stated that the Digil and Mirifle Community must rally
behind the SW3. In a
<
https://mail.google.com/mail/u/0/#inbox/14855d6efc3fb0fd> 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 cause political disenfranchisement with serious
repercussions to the future of Somalia.
The Speaker of Parliament Mohamed Sheikh Osman Jawari had a meeting with
Ambassador Nicholas Kay in Baidoa. A separate
<
http://www.wardheernews.com/guddoomiye-jawaari-iyo-nicholas-kay-oo-baydhabo
-ku-kulmay/> press release from the Somali parliament issued during the
meeting highlighted that the parties discussed ways to form the Southwest
State. The Parliament's press release did not mention SW6 and SW3 or people
outside the state formation process or warnings against anyone. Later,
Speaker Jawari announced that the Digil and Mirifle reconciliation
conference was to be opened in Baidoa.
Immediately, the Chairman of the Council of Elders from SW6, Malaq Hassan
Shurre Mohamed wrote a
[url=
http://waajid.wordpress.com/2014/09/13/golaha-guurtida-oo-aqbalay-in-sh
irka-dib-u-heshiisiinta-bulshada-koonfur-galbeed-in-ay-la-qeybgalaan-shirkaa
n-ma-ahan-mid-maamul-lagu-dhisayo/letter[/url] 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.
Furthermore, the Chairman appealed to Prime Minister Abdiweli not to go to
Baidoa and interfere in the internal affairs of Digil and Mirifle. The Prime
Minister, under heavily protection of AMISOM forces, opened the conference
now in hiatus. UNSOM spread 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
representatives of the Digil and Mirifle Community in the federal parliament
stayed away from the conference.
The UN and IGAD will continue to push clan segregation in South Central
Somalia as fait accompli, but the interest of the Somali people lies in an
intra- Somali dialogue on the suitable system of self-governance in the 21st
century. A continuation of current clan segregation could also jeopardize
major interests of the international community in Somalia.
Received on Fri Oct 03 2014 - 13:59:30 EDT