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Defend Our Territorial Sea; Stick to Law No. 37

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Fellow countrymen and women!

President Hassan Sh. Mohamud has written to the UN on June 30th, 2014 proclaiming that our territorial waters are only 12 nautical mails contrary to our law No. 37 of September 10, 1972 which states Somalia's territorial sea is by breadth 200 nautical miles.

For those of us with a sense of responsibility for the natural heritage, the economic and health security of both present and future generations of this great nation "Somalia"  must sign this petition, for we are today on the verge of losing 188 nautical miles of our territorial sea to international and regional opportunistic forces lead by local collaborators.

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

 

 

 



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