Q-How do you see piracy and related activities in
the Somali waters?
A- In fact the real pirates - means criminal
gangs who go after merchant ships on innocent passage - are young boys, who are
brainwashed, and they got involving in these very bad activities due to lack of
alternatives and hunger. Not to be mixed with the legitimate right of Somalia
to defend its waters against criminal activities by foreign gangs like illegal
fishing, dumping of toxic and nuclear waste, weapons smuggling, and trafficking
in drugs and humans, piracy has increased for the past 10 years, and much of
the money gained from these activities has played a major role even for some
governing administrations in Somalia.
Q- Do you think that the Somali waters will be
pirate-free on day?
A- No, and currently there is nothing like true
piracy in Somalia, because the matter has changed into a business, in which
some countries in the world particularly from Europe are gaining fabulous
profits.
Q- What is this profit they are gaining?
A- First and foremost, the so called pirates are
closely working with foreigners, who have their own agenda in creating the
world's largest armada around the
Horn of Africa. Secondly, since ransom can be paid legally and there is no law,
which allows to jail the people in the ransom business, the vice has become a
win-win-businesses for all sides. In most cases the ransom money is paid through
the insurances of the hijacked vessels, mostly based in the UK and some from
the USA, which in turn increased their premiums and earn today therefore much
more as if piracy would not exist. Piracy lawyers clearly state that if the
pirates get let, me say, $2 mio all the others get over $5 mio for lawyer
services and all the others involved.
Q- How do you see the naval armada with which you
have a good relationship?
A- It is perfectly true that I have a good
relationship with the international community and many navies, but this does
not mean that Somalia does allow them to kill or to arrest Somalis. It is first
and foremost the duty of the Government of Somalia to deal with Somali
criminals and to deal with all such cases. I advised the foreign navies many
times to just stay away from the Somali waters and to strictly observe the UNSC
resolution 1851 with all its stipulations. The resolution itself is flawed,
because it was enacted without the Somali parliament. Former President
Abdullahi Yussuf consented just personally on 09th December 2008 by a letter to
form the base for this resolution,. This was just two weeks before he left the
office on 24th December 2009 and the resolution is based on his letter, which
actually today nobody can present. I asked the UN and others, but nobody can
present that letter, while the vast majority of the Somali parliamentarians
even never heard about this alleged consent of the Somali government.
Q- Are you saying that the forces in the Somali
waters are on an illegal mission?
A- Personally and in general I believe that they
are in the wrong mission, in the first place, because Somalia and the Somali
government is tasked to solve its own problem. If other nations can help, fine,
but only under the control of the Somali government. And in addition the navies
act illegally if they are acting based on UNSC resolution 1851, because the
required consent touching on issues of the sovereignty of Somalia was not
approved by the Somali parliament, the navies do not inform the Somali
government as required by this resolution and the Somali government therefore
also can not give consent to the actions. Even strikes against real terrorists,
which I personally welcome, thereby become actually illegal deeds and crimes
committed for example by the US-Americans on Somali soil.
Q- Are you criticizing the Somali parliament and
the government of Somalia?
A- No, indeed I am not criticizing today's Somali
government, but with the clandestine dealings a door in the back of the Somali
people was opened by a former president to foreign interference and today you
can expect any enemy to sneak in and anything can happen against the Somali
people and Somalia. Secondly I don’t’ think that the US-Americans or Europeans
should interfere in the Somali water boundaries. The Americans and for a long
time some Europeans say that Somalia would have only a 12 miles zone and
anything outside this 12-mile-zone would be a free-for-all. But Somalia with
its maritime law of 1972 has like Liberia and Sierra Leone and for example also
Peru 200nm as territorial waters -
and in addition the water areas up to 200nm from the coast are also protected
as Exclusive Economic Zone (EEZ) by the United Nations Common Law on the Sea
(UNCLOS), which was ratified by the Somali parliament and to which Somalia is a
full signatory. Also the African Union fully recognizes the 200nm EEZ of
Somalia and officially asked others to stay out of it.
Q- What do you think is wrong with the law of the
sea?
A- There is nothing wrong with the law of the
sea, but Somalia is among those countries which have territorial waters
of 200nm. This actually was a
precedent for today's UNCLOS regulations. When you look at UNCLOS, the African
Union has approved the existence of a 200nm EEZ for Somalia, but the AU is
under pressure from the Americans and Europeans that Somalia should give up its
200nm territorial waters and should reduce it to 12nm territorial waters - to
be paralleled with the regulations of the Europeans and Americans who claim
only 12 nautical miles. But you see the hypocrisy when you realize that the
US-Americans then themselves demand in addition to their 12nm a 40nm special
interest zone. Giving up on our 200nm territorial waters or EEZ would give
smooth access to foreign vessels to harvest the abundant Somali marine
resources close to the Somali coast on which Somalia's future depends.
Q- What have the Somali people benefited from the
UNSC resolution 1851?
A- Nothing. Absolutely no benefit has derived
from this resolution or the other United Nations Security Council resolutions
on Somalia. In my view they have only allowed foreign interests to creep up to
Somalia and benefited only foreign interests while they escalated the problems
for Somalia and the Somali people. I have made contacts with the Somali pirates
and ordinary fishermen, and it is very clear to me that the French forces in
the Somali waters give protection to the French vessels, which are robbing the
Somali marine resources particularly the Tuna fish. But also others like Koreans
and Spanish do this, though they do not have naval soldiers on their fishing
vessels. And with reference to Human Rights I say that many arrests even under
the UNSC resolutions were not legal. There are many Somali people who were
killed on the Somali seas by foreign navies and nobody has talked about them.
Without informing the Somali government and the UN and without having the
consent from the Somali government actually no foreign navy can conduct any
operation under UNSC 1851. But they simply do whatever they like and that is
illegal. The pirates should be caught before they are killed, but of recent it
is just shoot to kill. We all know that the foreign countries are contesting
for the Somali marine resources, but the most surprising issue is that there is
now an economical war between the founders of the foreign mastered pirate gangs
in the Somali waters.
Q- When is the termination date of UNSC
resolution 1851?
9/12/2009 is the termination date, but I believe
that this time it must be brought before the Somali legislators in the presence
of the president of Somalia Sheikh Sharif Sheikh Ahmed.
Q- What are you advising the Somali parliament?
A- Let them be God fearing and stick to
patriotism, and to brush aside personal interests. I am advising them that they
maintain the 200nm territorial waters and the 200nm EEZ as it stands. Most of
the African countries anyway have a 200nm EEZ and to have authority over the
200nm territorial waters means also that Somalis will take responsibility for
what happens in this vast area. In future there will anyway be no free-for-all
territory left on thee seas of our planet and it is food for thought also for
many other countries, who still suffer under their old colonial rulings.
Many thanks for your time with Somali Section of
Radio Moscow's World Service honorable Ismail Haji Noor.
You are welcome your interview was a pleasure.
By Dahir Alasow
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Somali Pirates legal and Exclusive Economic Zone-EEZ?
An interview with expert Ismail Haji Noor