Complaint against the Illegal Offensive Acts towards Somalia’s Territorial & Sea Borders

TO: United Nation

To: European Union

To: African Union

To: The Arab League

To: USA

Subject: Complaint against the Illegal Offensive Acts towards Somalia’s Territorial & Sea Borders

Somalia had gained its independence in July 1st 1960. By that time, Somalia’s rights of territorial and sea borders were legally marked.

The eastern African countries, which Somalia is part - after gaining their independences, reviewed their acts and regulations set by their colonials. The sea borders act, was among the acts reviewed that was indicating, the sea border rights of each of these countries, was up to 3 nautical mile (5.6km) only. Therefore, the year 1963, the countries - Madagascar and Tanzania made their earlier set territorial sea border rights (the width), which was 3 nmi to 12 nmi (22km). Whilst the countries - Kenya, Mauritius and Seychelles made their earlier set width - 3nmi of their territorial sea borders to 12 nmi. The changes had been made by these countries, the years 1969, 1970 and 1972 according to countries’ names preceding.

Somalia signed the UN Global Seas Act - UNCLOS 10th December 1982; and fully applied 24th July 1989. (See the above shown map).

The UN Global Seas Act was fully applied in the United Nations 16th November 1994. The UN is under the process of developing an Act for the Global Seas. This process takes 20 years time (1970-1994) that this act officially and fully applied. This act, which is not yet officially applied, says: each country has the ownership rights of 370 km, starting from its coastal border. At that time, the former collapsed Somalia central government signed this act.

The UN Global Seas Act was signed in December 10th, 1982 by 117 countries in a Summit held in Montego Bay of Jamaica. The act was officially applied 16th November 1994. Somalia was among the signatories, and officially applied. The United Nations Convention of the Law of the Seas, is abbreviated (UNCLOS).

There were specific sea border rights approved for the coastal countries for fishery and marine resource extraction up to 200 nautical miles (370 km). This convention also approves for the countries having deeper sea water inside their territory, the specific rights of its oil, gas and any other resources up to 200 nmi (370 km) out of its sea border – straight forward of country’s sea (this is very meaningful " straight forward of country’s sea ").

The sea distance up to 200 nmi (370 km), is known Exclusive Economic Zone (EEZ), and can be used by the coastal countries.

Act # 37/1972 – Somalia Act for its Sea & Territory

The former Somali central government, to ensure its seas borders, produced Act # 37 in Mogadishu - Somalia, 10th September 1972. This act was known Somalia Seas and Ports, some of its articles, are as follows:

Article 1: Part of the sea, reaching 200 nautical miles, will be under Somali Territorial Sea, which is part of the continental skeleton of the seas. Somali Territorial Sea, is under the authority of the independent Somali Democratic Republic. Crimes committed within Somalia Territorial and Sea borders by the crews and staff on voyaging ships, boats and vessels, will be prosecuted with the Somalia law.

Article 2: The measurements starts from the lowest level of the seas of Somalia (there is very important literally).

Article 6: The fishery in the Somali Sea and Territory; and the shipments of the cargo and the people between Somali ports, is special for the ships with the Somali national flag, and the licensed ships in Somalia.

Article 9: The ships owned by the countries, not recognized by the Somali Democratic Republic, are not allowed the use of Somali Sea and territorial water. Any violation committed by these ships, will be dealt with the most appropriate action.

Article 10: Without the approval of the Somali government, no war ship can use Somali Sea and Territorial water.

Knowing the existence of these conventions for the international seas and the Somali Sea and Territorial water act, the UN and Common Wealth Countries, violate the international convention of the seas and the Somali Seas and Territorial Water Act. And they are developing new measurements, which is not meeting with the international convention of the seas and the Somali Seas and Territorial Water act. This is clear violation committed to the Sea and Territorial water borders of Somalia.

http://www.thecommonwealth.org/news/231326/271010kenyasomaliamaritimeboundaries.htm

COMMOWEALTH has no the authority to cancel or eradicate Somalia Sea and Territorial Act registered in the United Nations, but their trick is the use of figures of Somali by the nationality and have titles in the recognized administration of Somalia Transitional Federal government, in order to announce indirectly that the act amendments came through the willing of Somalia government without any external influence or pressure. Somali Sea and Territorial borders, are for the Somalis. No amendments or compromises can be made without the knowledge of the Somali people. All decisions can be reached by the Somali people unanimously. The Somali people is contrary to any illegal acts of its seas and territory. (see the map, charts and the books showing the international seas conventions).

The UN gives its consideration all conventions of the seas and the territorial borders internationally, except Somalia. Because no strong central government, argues for the rights of the Somali people. Due to the existing crisis in Somalia, the UN benefits and attempts to introduce illegal acts in Somalia.

We the Somali people, seeking the United Nations and the Common Wealth Countries, stop the illegal acts intended to commit against Somalia – do not target only Somalia for these illegal acts applied.

Somalia is not the first failed state. There were many other countries experienced such difficulties. The UN and the international community supported and rescued, without violating their sovereignty, seas and territorial rights. They were provided with reconstruction and rehabilitation programs of development and peace restoring.

The Somali People have the right consideration of their sovereignty, seas and territorial rights of their counterparts. The Somali people has also needs to have the rights of supporting of all kinds with the respect of our religion, culture and national constitution.

The Somali people will regain its dignity and overcome the current crisis. And there will be the conduct of accountability and investigations by Somalia towards the illegal introduction of conventions.

Bashiir Sheikh Mohamed

A Former Somali Diplomat

bashirmohamud@yahoo.com

Faafin: SomaliTalk.com | August, 2011

Somali Version: Read Here