http://www.hillaac.net/?p=1356Kampala Accord infringes on Somalia’s sovereignty and healing prospect.(By:-Mr. Mohamud M Uluso)
The Kampala Accord (KA), drafted under the
direction of President Yoweri Museveni of Uganda and Dr. Augustine Mahiga, the
Special Representative of Secretary General (SRSG) resembles the colonial
treaties signed by Somali Traditional Leaders for personal gains or rivalry. President Sheikh Sharif and Speaker Sharif
Hassan signed the KA on June 9, 2011 in Kampala, Uganda. Their political ambitions
were addressed at the expense of Somalia’s sovereignty and interests. All conscientious
people have concurred that KA infringes on Somalia’s sovereignty and internal healing
prospect for peace and stability.
My view is that the President and the Speaker did
not possess the authority, capacity and required preparations to enter into
such an Accord that violates the Transitional Federal Charter (TFC) and
substantially alters the relationship between governed and governors of
Somalia. The two leaders went to Kampala as two disputants over their legitimacy
and not as two legitimate leaders promoting issues of national interests. They
were remiss of their responsibility to defend national interests. Their actions
were influenced by conflict of interests or quid pro quo, which makes the provisions
of the KA void. Implementation of KA is a violation of Somalia’s independence
and citizenship.
Therefore, in addition to bringing the KA to the
Parliament for nullification, the conscientious citizens of Somalia and others
have the solemn responsibility to subject KA to constitutional and political
de-legitimization in every forum possible to prevent its deleterious
consequences. President Sheikh Sharif and Speaker Hassan are associates of
peace spoilers and national disgrace. In an article published in the New York
Times of June 13, President Sharif has been described as “an ineffective leader,”
while Speaker Sharif Hassan Sh Adan was portrayed as “an illiterate but wily livestock
trader.”
As the end of the collective mandate of TFIs on
August 20, 2011 was approaching, the Speaker of Parliament who became
challenger to President Sheikh Sharif passed a resolution, which extended term
of parliament for three more years and mandated the election of new President
and Speaker. The President and the Prime Minister proposed alternatively one
year extension for all Transitional Federal Institutions (TFIs) and
postponement of leaders’ election. The Speaker ignored the alternative proposal.
The President and the PM criticized the Speaker’s
excesses. Leaders of Regional States, politicians, intellectuals and members of
civil society suggested parliament reform by reducing the number of MPs and
improving the qualifications of Members of Parliament. But the Speaker argued
that it is difficult to select new Members of Parliament. However, he and the
President have selected in Djibouti 275 MPs in less than one week.
After months of irreconcilable confrontations between
TFIs leaders mainly because of foreign influences, Presidents of Uganda and
Burundi, whose forces control Mogadishu, proposed one year extension for all
TFIs during the International Contact Group meeting in Kampala on June 2-3. Thus,
the Speaker shifted his goal and asked the dismissal of the Council of
Ministers to replace with Council of Ministers under shared control of both President
and Speaker as equals. The President whose single interest was to get Speaker’s
consent for one year extension accepted readily Prime Minister’s dismissal.
This kind of political arrangement is against the TFC provisions and government
practices because Ministers are under the control of and accountability to the
Prime Minister and not to the President and Speaker.
80% of the Somali people rejected the KA for five reasons.
Before explaining the reasons, it is worth recognizing that Artist Amin Amir,
the Voice of America (VOA) and to certain an extent the BBC deserve credit and
appreciation for their responsible coverage of the public sentiment of spontaneous
revolt and demonstrations against the KA. The rant of President Sheikh Sharif
on the genuine popular repudiation of KA is an indication of poor judgment and leadership.
His calculation is that foreign powers, committed to enforce the KA, will
defend and protect all his abuses of power and will ignore the will of the people
of Somalia.
The five reasons behind the popular rejection of
KA are: (1) Reward of personal interests
at the expense of national interests;
(2) Unlawful abrogation of the Transitional Federal Charter, particularly elimination
of checks and balances between national Institutions; (3) Practical abolition
of the unity and scope of the Council of Ministers; Creation of two new political factions or
camps led by Sheikh Sharif Sheikh Ahmed
and Sharif Hassan Sheikh Adan; (4) Suspension of people’s right to exercise
their political and civil rights without
intimidation and fear; and (5) Institutionalization of foreign control,
dependence, and imposition of transitional tasks, like a new ‘Federal Constitution’,
which have been strongly opposed by the majority of the Somali people. The KA
has downgraded the role, power and control of the Somali stakeholders over
their national affairs.
The KA is composed of 10 articles. Article 4 lists additional 18 parameters (orders, conditions) replacing
important provisions of the TFC. The Accord, written in the United Nations diplomatic
English language, is signed by two of the three TFIs leaders.
Parameter C spells the resignation of Prime
Minister Mohamed A. Formajo within 30 days. According to parameter G, all appointments
will be made in the spirit of collaboration and mutual confidence. In other
terms, the President and the Speaker will jointly appoint the new Prime
Minister. Then, each leader will appoint half of the Ministers.
As per parameters I and J, the Parliament and the
new Government will form joint committees and all political adversarial is
suspended. The new government will almost be immune
from parliamentary motions and criticisms.
In accordance with parameter M, the Government and
the parliament will work with the international community. This oversteps the
Executive’s primary responsibilities.
Parameter N establishes a Political Bureau of the Heads
of State of the Region (IGAD and EAC), SRSG and AU High Representative to
Somalia. The Bureau shall oversee and monitor compliance of the TFIs with
implementation of its functions outlined in the TFC and with the advance of the
Somali peace process. There was no prior
discussion among Somalis about a peace process similar to Burundi Regional Peace
Initiative. The Bureau and the International Partners reserve the right to apply
sanctions against spoilers.
Article 5 establishes a reformed Joint Security Committee
(JSC) to be stationed permanently in Mogadishu. This JSC overlaps or replaces Somali
Security Sector Institutions.
Article 9 stipulates explicitly that President
Yoweri Museveni will guarantee the implementation of the KA provisions. Somalis are under the complete authority of
President Yoweri Museveni. Former Commander of AMISOM forces is his political
and administrative representative in Mogadishu.
Article 10 makes clear that KA will come into
effect when signed. This preempts the constitutional obligation to seek
parliamentary approval of KA as required by the TFC.
Through Djibouti Agreement and Kampala Accord, the
International Community has aggressively and progressively taken away Somalia’s
sovereignty, undermined the Somali unity and strengthened foreign domination. The
Parliament should review both Agreements for remedial actions.
Somalia technically has no sovereignty. 
mashallah.
