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DailyMail.co.uk: Sea of troubles: The Somalia-Kenya marine border spat

Posted by: Berhane Habtemariam

Date: Monday, 15 March 2021

Kenya-Somalia sea border spat

Kenya-Somalia sea border spat

Somalia and Kenya have been feuding for years over a stretch of the Indian Ocean claimed by both nations that is believed to hold deposits of oil and gas.

The International Court of Justice (ICJ) began hearings on Monday into the dispute, which has strained relations between the neighbours even though Kenya has refused to participate.

- Line of sovereignty -

The two sides disagree over the direction the maritime boundary should take from the point where their frontiers meet at the coast.

Somalia, which initiated arbitration in The Hague, argues the marine boundary should follow the line of its land border and thus head towards the southeast.

Kenya, in contrast, says its border heads out to sea in a straight line east.

Nairobi says it has exercised sovereignty over this area of the sea since 1979, when Kenya proclaimed the limits of its exclusive economic zone (EEZ) -- a marine territory extending up to 200 nautical miles offshore where a state has the right to exploit resources.

- Treasure below -

Riches as well as sovereignty are at stake.

It is believed an oil and gas bonanza lies beneath the disputed 100,000-square-kilometre (38,000-square-mile) swathe of ocean. Nairobi has granted exploration permits to Italian energy giant ENI but the Somalis are contesting the move.

For Kenya, redefining the border along Somalia's claim would also cut into fertile fishing grounds, particularly around the Lamu archipelago.

- Talks failure -

The two countries agreed in 2009 to settle their dispute through bilateral negotiations.

Two meetings were held in 2014, but little progress made. A third round that same year fell through when the Kenyan delegation failed to show up without informing their counterparts, later citing security concerns.

Somalia referred the matter to the ICJ in August 2014, citing a collapse in diplomatic efforts to solve the spat.

Kenya challenged this referral and the ICJ's authority to rule, arguing that arbitration could only take place once the negotiation process was complete.

The ICJ asserted jurisdiction in February 2017. Hearings were scheduled for September 2019 but postponed three times before being set for March 15.

But in a letter to the Netherlands-based court just days before, Kenya announced it would not participate in the hearings, citing difficulties arising from the coronavirus pandemic.

- Diplomatic powderkeg -

The dispute has caused ructions in bilateral ties.

Kenya recalled its ambassador in Mogadishu in early 2019 after accusing Somalia of auctioning off oil and gas blocks in the contested area.

It described the move as an "unparalleled affront and illegal grab" at resources, and reminded Somalia of Kenya's sacrifices in the battle against Al-Shabaab jihadists.

Kenya is a major contributor of troops to AMISOM, an African Union military operation fighting Al-Qaeda-linked fighters waging a violent insurgency across Somalia.

Mogadishu rejected suggestions that it had auctioned off permits, pledging not to do so until the ICJ had delivered its ruling.

Somali President Mohamed Abdullahi Mohamed, known as Farmajo, and Kenyan President Uhuru Kenyatta met in November 2019 and agreed to "normalise" relations and start reissuing travel visas to each other's citizens.


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