Petition updateDefend Our Territorial Sea; Stick to Law No. 37Changing the 200nm Sovereign Somali Territorial Sea is an Impeachable Act

Somali Territorial Seas Defence InitiativeMogadishu, Somalia
Aug 8, 2014
ONLY a parliament directly elected by the people through a constitution ratified by a nationwide referendum can only consider changing Law No. 37 through the laid down legal process. Hassan Sheikh and his government put into office through 4.5 clan appointed parliament have no constitutional and legal authority to legitimately change any laws touching on Somali sovereignty and territorial integrity.
The president and other senior members of the government are misleading the Somali people in claiming that the declaration of 200nm Economic Exclusive Zone (EEZ) for Somalia they have protected Somali interests. Privately and in English language they communicate to the international community that Somali territorial sea is 12nm. If the Somali people do not stop them by mobilizing now they will soon legalize 12nm territorial sea for Somalia throwing away country’s famous maritime law – Law No37, and dare say that publically in Somali tongue.
Here are two important evidences with more to follow where our president and other government officials are misleading the public and persistently undermining our sovereign territorial sea boundaries:
1. SPEECH BY PRESIDENT OF SOMALIA TO THE CONTACT GROUP ON PIRACY OFF THE COAST OF SOMALIA – 1st May 2013, NEW YORK (by video).
The president in this speech states; “I am happy to announce that we have an existing 1988 Law that puts us fully in compliance with the UNCLOS Treaty we signed in 1982 and was ratified by the former Somali Government in February 1989. We have now done this again through the Kampala Process. Now Somalia is in the process of clarifying its maritime zones.
This law gives legal effect to a 12nm territorial sea, a 24nm contiguous zone and a 200nm Exclusive Economic Zone. We will shortly submit this clarification to the UNSG through our Permanent Mission in New York. We are aware that we must also table with some coordinates, our Exclusive Economic Zone (EEZ). Access the record of the speech here http://www.slideshare.net/somalitalk/sheikh-hassan-speech
2. The president on a visit to London, UK last year participated at Dood Wadaag program of Universal TV where answering an audience member question discusses among others maritime conflict with Kenya, EEZ being part of the roadmap process and the government starting the process of registering Somali EEZ. As he promised then the president submitted 200nm EEZ through presidential proclamation on 21 July 2014. It is important to highlight here persistence of the president to misled the Somali public and ignore Somali laws and regulations. Here the president clearly ignores the Somali Cabinet resolution dated 11 October 2011 which removed the EEZ issue from the roadmap process and the national security and stabilization plan. Read here the said Cabinet decision http://somaliamediamonitoring.org/12-oct-2011-daily-monitoring-report/ and watch here Dood Wadaag video clip https://www.youtube.com/watch?v=S9w2Ju73-c8
NOTE that the proclamation of the 200nm EEZ by the president is the best and most effective tool of hyenas of the sea to bring Somalia’s territorial sea to 12nm. You should, however, be clearly informed of the difference between an EEZ and territorial sea (we have posted an article discussing it here). Our interest (Somali people) lies in the protection of the 200nm territorial sea under law No.37 deposited at the UN.
Hassan Farah’s superb article exposes the latest trickery of hyenas of the sea saying that “It is tragic in Somalia’s case as espoused in President Hassan Sheikh’s recent Presidential Proclamation is that the issue was misleadingly framed as securing and claiming our EEZ of 200 nm. What is wrong with this emphasis or red herring is that according to UNCLOS every country can automatically claim an EEZ of 200 nautical miles with limited rights and privileges with regards to exercising sovereignty. But this is a diversion.
The true objective and purpose of the recently orchestrated campaign of President Hassan Sheikh is to limit Somalia’s Territorial Sea to 12 nautical miles, undermining Somali Law No. 37 on the Territorial Sea and Ports, of 10 September 1972….” This indispensable and must read article can be fully accessed here http://www.aminarts.com/link/SomaliaEEZ.pdf
On the question of the draft laws and degrees the president repeatedly referred to in the proclamation letter are neither legally binding nor sufficiently enough to de-shelf Law 37 as sought by the allied Somalia sea grabbing forces, both domestic, regional and international. Again Farah Hassan’s article puts this in a closer zoom in, “The major problem with this Proclamation’s submission to the United Nations Convention on the Law of the Sea (UNCLOS) is that the President started inaccurately his Proclamation with draft Laws No. 5, 11, and Decree 14 of 1989 as though they are final and not understanding these are internal state documents that were never settled nor harmonized with national maritime laws in effect such as Law No. 37. Siad Barre’s regime never submitted these laws to the UN to declare an Exclusive Economic Zone, Continental Shelf or Contiguous Zone in accordance with the UNCLOS, which requires the incorporation of the definition of the maritime zones limits. The website of UNCLOS Depository for Somalia under the heading “Legislations” confirms never receiving these three laws precisely and states "not available" (see Somalia’s UNCLOS page).”
If as argued by the allied sea grabbers, Siad Barre Government passed any law changing Law 37 of 1972, why that government didn’t submit them to the United Nations in 1989 or 1990? Are they telling us the GENIUS Hassan Sheikh all over suddenly rediscovered and submitted them after 25 years when no previous Transitional Governments have ever stated existence of this laws and degrees? There is no record of them anywhere. Why these Cabdalle Shidaye forgeries have been rediscovered only after the election of Hassan Sheikh as president. The plain truth is that past trickeries of hyenas of the sea such the infamous MoU signed with Kenya in 2009 or inclusion of EEZ into the roadmap have failed. This latest trickery and attempt to circumvent the rock solid 1972 National Maritime Legislation will not succeed. Do not be misled by their trickeries - stay ever vigilant.
What is repeatedly occurring can only be explained by greed, corruption and treasonous act of the highest magnitude. It is open secret that past and present well known senior Somali government officials who facilitated hyenas of the sea to steal our sovereign territorial seas have bought properties with corruption money in Nairobi, Malindi, Dubai and Kuala Lumpur. Powerful foreign interests are behind the attack on our sovereign Somali territorial sea for their own national interests. Who is defending Somali national interests?
President Hassan Sheikh and his government are openly and deliberately transgressing on Somali constitution, laws and bypassing the Somali Federal Parliament. Listed here are just few of their transgressions:
1. Violating Law No. 37 on Territorial Sea and Ports, of 10 September 1972.
2. Not adhering to 1 August 2009 Somali Federal Transitional Parliament rejection of the MoU with Kenya and other subsequent decisions of the parliament forbidding any tempering with 200nm sovereign Somali territorial sea.
3. Somali Federal Government Cabinet Resolution in Defense of Law 37 on 6 June 2013. The Cabinet here clearly states (translation from the official Somali copy): “Somali Federal Government recognizes the national law of the sea Law No. 37 which defines Somali territorial sea as 200 nautical miles and continental shelf. Somali Government ratified the UN Convention on the Law of the Sea on 24th July 1989 without renouncing the national law (i.e. Law 37).”
http://somalitalk.com/2011/badda/difaac95.html (Soomaali)
http://somalitalk.com/2011/badda/difaac96.html (English)
Dear friends, in the 21st century there is no excuse of not being informed about the naked aggression on our sovereign territorial sea. This war was underway for several years now. There is enough information on this petition, other links we have provided and on the internet. Sign and share the petition for the defense of our sovereignty. Our victory lies within us. Let us get informed, mobilized and organized!
Copy link
WhatsApp
Facebook
Nextdoor
Email
X