Somalia Warns Kenya before UNSC to Cease & Desist All ‘Blatant Breaches of Somalia’s Sovereignty’

Somalia informs UNSC and the international community that Somalia’s “hard-earned progress with the help of international community is today jeopardized by the negative, anti-peace actions by the Kenyan Government.”

By: Ali Mohamoud Hayow

On Thursday, February 27th 2020 before the United Nations Security Council in New York, Somalia Permanent Representative to the United Nations, Ambassador Abukar Osman critically informed the international community before the UNSC that the Republic of Kenya has been deeply immersed in a continues, destabilizing, negative anti-peace campaign in Somalia. Amb. Abukar Osman ended with a warning issued to the Government of Kenya to cease all its anti-peace efforts in Somalia or his Government will be forced to invoke UN Charter Article 35: bringing an official, formal case against Kenya before the UNSC.

In this article, I shall endeavor to discuss the facts concerning this declaration and warning by the Federal Government of Somalia. The strong language utilized by the Government of Somalia before UNSC underscores the utter seriousness of the Kenya’s threat to Somalia’s security and peace. The Ambassador summarized this threat Somalia peace and security faces from the current Government of Kenya as follows:

“I [Amb. Abukar Osman] would like to bring a report to [UNSC] on an urgent matter that poses a serious threat to our [Somalia] peace and security. The Federal Government of Somalia has exhausted all diplomatic means for the Government of Kenya to refrain from actions that pose a threat to the historical relations between our the two nations. Kenya continues to be a consistent destabilizing force in Somalia off setting and negating in its engagement in AMISOM: Kenya’s brash interference in Somalia’s domestic affairs, its blatant breach of Somalia’s sovereignty, territorial integrity, political independence and unity. Furthermore, Kenya’s continues encroachment on Somalia border areas out rightly undermines our stability and sovereignty. Our hard-earned progress with the help of international community is today jeopardized by the negative, anti-peace actions by the Kenyan Government. These destabilizing actions not only negatively impact Somalia but they are anti-thesis to the objectives of regional and global peace, in clear violations of United Nations Article 2, Paragraph 4.”

Somalia’s internal affairs and most importantly, its sovereignty should not be victim to the negative, anti-peace decisions and actions boldly taken by a democratic, neighbor country with whom Somalia shares diplomatic ties. As Amb. Osman keenly noted, “Kenya’s anti-peace actions in Somalia do not only affect the stability of Somalia, but place untold pressure on and are antithesis to the objectives of regional and global peace.” The events below carefully described are actions taken by Kenya that are clear violations of the United Nations Charter. If Somalia were to invoke UN Charter Article 35, the facts below would condemn Kenya.

In August 2019, Ahmed ‘Madobe’ Mohamed Islam, then the leader of Jubaland State of Somalia held an event that he categorized as an election, which severely failed to meet the standards for fair and free elections – a fact recognized categorically by the Federal Government of Somalia and its international partners, including the United Nations. In October 2019, having refused to hold fair and free elections, Ahmed ‘Madobe’ held an event which he classified as his inauguration. The Speaker of Kenya’s Parliament, Aden Bare Duale, attended this event after being explicitly informed by the Federal Government of Somalia that he could not travel to Somalia for this purpose. As the third most senior official in the Government of Kenya, Aden Bare Duale’s illegal entry into Somalia constituents a blatant, premeditated breach of Somalia’s sovereignty.

Furthermore, his presence was a deliberate attempt by Kenya to legitimize the internationally unrecognized ‘election’ and ‘inauguration’ of Ahmed ‘Madobe.’ Ahmed ‘Madobe’ anti-democratic initiatives are forceful measures to completely silence the desires of the people of Jubaland. Kenya’s support of Ahmed ‘Madobe’ is a grand interference of Somalia’s internal affairs and a strike to weaken the democratic institutions of Somalia. Given Somalia’s fragile history and struggle with Civil War, the international community should address Kenya’s purposeful attempts to cripple the democratic institutions of a country emerging from conflict.

The former administration of Jubaland State, which Kenya is a staunch material supporter, and Kenyan security forces, including Kenyan members of AMISOM, have been widely documented in international media to be deeply engaged in hundreds of millions of USD illegal sugar and charcoal trade that is the financial backbone of Al-Shabaab’s terrorist activities.

“A confidential report by U.N. monitors accuses Kenyan soldiers in the African Union peacekeeping force in Somalia of facilitating illegal charcoal exports from the port city of Kismayu, a business that generates millions of dollars a year for Islamic militants seeking to topple the government.”(Reuters)

It is clearly evident that a financial healthy Al-Shabaab will never be eradicated from existence. Finances will tend to the organizational wounds afflicted by military operations. Al-Shabaab is flourishing due to its ability to rein freely in Jubaland State, the regions under the administration of Ahmed ‘Madobe,’ who is supported by Kenya. Furthermore, Amnesty International and the UN Somalia and Eritrea Monitoring Group have uncovered the horrendous crimes against humanity and war crimes committed by war criminal and fugitive Abdirashid Janan, the Security Minister of the former administration of Ahmed ‘Madobe.’ War criminal and fugitive Abdirashid Janan has been reported by Amnesty International to be in Kenya. The Government of Somalia has asked Kenya for his speedy return. He is reported to be in Mandera with a standing army threatening to attack Federal Government of Somalia troops across the Kenya-Somalia border. Kenya’s utter reluctance to cooperate with the Somalia Government to arrest a documented war criminal can only be interpreted as another instance of the Government of Kenya’s anti-peace endeavors with regards to Somalia, continuing the unfortunate legacy of Somalia’s neighbor in destabilizing that nation. In accordance to the United Nations Charter Article 35 (1), Somalia warns Kenya that Somalia shall bring its case against Kenya’s breach of Somalia’s sovereignty and other destabilizing actions taken by Kenya to the United Nations Security Council, if that is Kenya does not cease and desist all destabilizing, anti-peace efforts within Somalia’s sovereign boundaries.

The Republic of Kenya is sincerely immersed in an international campaign to receive the honors to endeavor for global peace and security as a non-permanent member of the United Nations Security Council representing the Africa Group for the term 2021-2022. This aspiration communicated by the Government of Kenya is in stark contrast to Somalia’s communication to UNSC of being a victim of Kenya’s “negative, anti-peace actions.”

The evidence glaringly points to Kenya being guilty of the charges levied against her by the Federal Government of Somalia. It is the opinion of most objective spectators and supporters of international sustained peace and security that this unflattering evidence of Kenya’s inappropriate actions in Somalia completely disbars Kenya from being elected to the UNSC. It is our hope that at least in the next two years, rather than seek the duties of fighting for global peace and security, Kenya focuses on strictly following international law and UN Charter rules with respect to all its neighbors in East Africa.