AMBASSADOR NICHOLAS KAY: SUPREME RULER ABOVE SOMALIA’S CONSTITUTION
AMBASSADOR NICHOLAS KAY: SUPREME RULER ABOVE SOMALIA’S CONSTITUTION
Optimism for peace and recovery in Somalia has become a transient feeling quickly
dashed by the occurrence of violent incidents and discovery of gross wrongdoings.
Many observers have expressed cautious optimism for better outlook after the recent
killing of Ahmed Godane, leader of Al Qaeda affiliated group Al Shabab by US air strike,
the military offensive against Al Shabab strongholds, and the rapprochement between
Ahmed Madobe, leader of Interim Jubba Administration and his rival Col Barre Hirale.
But, this short-lived optimism has been eclipsed by suicide attack that caused the death
and injury of many innocent civilians, report of outrageous sexual abuse by African
Union forces against Somali women and girls, new political infighting over the Council
of Ministers’ firing of the Chief of Somali National Security and Intelligence Services
(SNSIS) for abuse of power and unbecoming behavior as well as by the hostilities on
clan segregation (ghettoization) called clan federalism. Somalis are consternated
by the clear prospect of political, security, and economic stalemate situation.
The federal government installed to effectively represent and lead Somalia on the basis
of the Provisional Constitution has become in less than two years a vain entity which
serves the gluttony of public officials and the treacherous agenda of certain international
actors. The structures established for security, justice, political participation and
accountability, have been discredited for corruption and dependence on foreign powers
for legitimacy and benefits. Pervasive misinformation about the prevailing reality in
Somalia has become a major obstacle to building public confidence for real progress.
Ambassador Nicholas Kay, the Special Representative of the UN Secretary General and
Head of UN Assistance Mission in Somalia (UNSOM) emerged as the Supreme ruler
who remains above the provisional constitution. He acts in conformity with
foreign rules and agenda outside the Somali sovereignty. This indirect rule has made
local participation in politics futile exercise, and threw out the social contract between
the federal government and the people. Somali leaders are considered as marshals of the
Supreme Ruler. No doubt, Somalia needs badly all help it can get from the international
community to overcome its current tragic situation but it does not need a foreign
ruler free from the loyalty, application, and respect of the provisional constitution and
from the constant need to enhance the long term social relation among Somalis.
The cornerstone of the treacherous agenda of certain international actors is the
formation of clan federal member states in South Central Somalia. This task is assigned
to technical committees directed by the United Nations and IGAD. The formation
process is not regulated by legal framework based on principles of constitutionalism,
legitimacy, local ownership, and respect of the will of concerned citizens. For the fact
that clan segregation (clan federalism) is inherently flaw, divisive, and unconstitutional,
the international community resorted to use tactics of framing, corruption, threats of
sanctions, and fait accompli line of reasoning, to erect an unsustainable model of self-
governance in Somalia. Clan segregation (clan federalism) weakens Somali identity,
cohesion, and long term survival.
The formation of the States of Jubbaland still mired into escalating confrontation, of
Southwest of six regions (SW6) created in Baidoa and Southwest of three regions (SW3)
created in Mogadishu under international manipulations, and of Mudug and Galgudud
created in Mogadishu, has generated the expected internal controversies intended to
justify and intensify the direct involvement of foreign powers in the internal affairs
of Somalia. Without success, Somali leaders visited Baidoa to promote the SW3 and
to disband the supporters of SW6 who suffered death and injuries, harassment, and
humiliations in hands of African Union forces, IGAD, and UNSOM. However, SW6
supporters defended peacefully and with dignity their constitutional rights.
On September 8, Ambassador Nicholas Kay probably worried about the risks SW6
posed to the advancement of clan segregation project went to Baidoa to make clear
that the talk about the SW6 must end and Digil and Mirifle Community must rally
behind the SW3. In a press statement, Ambassador Nicholas Kay said, “the momentum
of Somalia’s statebuilding process must not be interrupted,” and “I urge those who
remain outside the process to support the agreement [SW3] and contribute to building
a federal Somalia.”
Although he met with the leaders of SW6 supporters, he omitted mentioning the
meeting and their position in the press statement. This shows the extent the UN is ready
to go to misrepresent the reality on the ground and stoke social and political conflict for
mystifying reasons. In substance, the message of the visit has been that the UN wants
SW3 and that the aggrieved majority has no right to protest against UN decision. The
UN actions alienating the majority condone political disenfranchisement with serious
repercussions to the future of Somalia.
A separate press release of the Somali parliament issued on a meeting of Speaker Jawari
with Ambassador Nicholas Kay in Baidoa highlighted that the parties discussed ways to
form the Southwest State. The Speaker’s press release did not mention SW6 and SW3 or
people outside the state formation process or warnings against anyone. Later, Speaker
Jawari announced Digil and Mirifle reconciliation conference to be opened in Baidoa.
Immediately, the Chairman of the Council of Elders of SW6 Malaq Hassan Shurre
Mohamed wrote a letter to Speaker Jawari, Prime Minister Abdiweli, and Ambassador
Nicholas Kay, in which he welcomed the reconciliation conference among Digil
and Mirifle Community but opposed to the attendance of Prime Minister Abdiweli
Sheikh and other politicians at the conference to avoid mixing politics with traditional
reconciliation. The Chairman appealed Prime Minister Abdiweli not to come to Baidoa
and interfere in the internal affairs of Digil and Mirifle. UNSOM spreads the news that
the conference is to form SW3, while Somali TVs, BBC, VOA, and other media outlets
report demonstrations, tensions, and accusations against the federal government and
UNSOM. Most members of federal parliament stayed away from the conference.
The UN and IGAD will continue to push the fait accompli of the clan segregation (clan
federalism) in South Central Somalia, but the interest of the Somali people lies in an
intra- Somali dialogue on the suitable system of self-governance in the 21st
Continuation of current clan segregation (clan federalism) could also jeopardize major
interests of the international community in Somalia.
Mr. Mohamud M Uluso
