Puntland misread the Supreme Law on Gulf Crisis-expert
The announcement by Puntland distancing itself from the Federal Government’s neutral position on the Gulf Crisis in favour of Saudi backing is inconsistent with the Provisional Constitution, a senior lawyer has said noting the regional governments can only petition Parliament or seek the court’s intervention.
Professor Isse Ahmed Warsame an independent practitioner in Mogadishu told Goobjoog News the decision by Puntland’s President Abdiweli Gaas did not have a place in the country’s Supreme Law and amounted to a misreading of the law.
“The Constitution gives sole responsibility and power the Federal Government to handle Foreign Affairs and regional administrations have no power to make their own decisions regarding this matter,” said Warsame.
Article 54 of the Provisional Constitution vests sole responsibility on Federal Government over Foreign Affairs besides National Defense, Citizenship and Immigration and Monetary Policy.
Warsame added the only available options for the state governments is to petition Parliament and in particular the Upper House which represents the states. Another option is to head to the high court for intervention, said Warsame.
RELATED: Somalia’s Puntland breaks ranks with Federal Govt, backs Saudi Arabia as Gulf Crisis bites
Puntland announced Wednesday it was breaking ranks with the government to support Saudi Arabia and United Arab Emirates in the ongoing Gulf Crisis which started late May. It noted Somalia’s neutrality was posing security and economic challenges to the Horn of Africa nation.“We acknowledge the fact that the Middle East issue will not be resolved anytime soon and the continuing crisis will have security as well as developmental implications throughout Somalia,” Puntland said.
President Mohamed Farmaajo announced early June that his country would maintain a non aligned position in the feud which is now entering the fourth month. Somalia has allowed Qatari flights to use its airspace following the closures by Saudi Arabia and its allied nations.
“Regional governments have no business with foreign affairs, Warsame observed adding leaders can only express personal opinions but not aver an official position.
The announcement by Puntland points to increasing pressure on regional administrations in Somalia most of whom depend on Gulf Crisis to prop their budgetary needs and security support. UAE’s DP World signed a $442 million 30 year concession last year with Somaliland to operate Berbera port while its affiliate company P&O Ports secured a 30 year concession April to operate the port of Bosaso in Puntland billed at $336 million.
Somaliland earlier inked a military naval base agreement with Somaliland granting the Emiratis rights to establish a military base in the break-away region. President Farmaajo has expressed his opposition to the deal.
Some lawmakers have however expressed reservations over the government’s decision to stand on the fence warning the country was bound to experience severe economic consequences given the close economic ties with the Gulf.
Senator Abdirizak Osman Jurille has reiterated his earlier position noting the decision by the government was ill informed and arrived at out of emotions rather than a calculated and strategic understanding.
“The interests of the country and the people of Somalia are at a risk since Somalia trades heavily with the Gulf region. We export our livestock to the Gulf, we send domestic workers to these countries,” Jurille said.
The lawmaker added the fact that the UAE now operates Bosaso and Berbera ports with the prospects of signing for Barawe and Kismayu ports should inform the strategic alliances Somalia can take. The UAE trains our military in Bosaso and Mogadishu as well, the Senator said.