The conflict analyst talked to Fred Oluoch about the issues fuelling the current dispute between Kenya and Somalia.
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What is the genesis of the problem between Somalia and Kenya?
It
is the territorial dispute over the delimitation of a 100,000 square
kilometres territory in the Indian Ocean. Somalia and Kenya are claiming
part of the territory off the Indian Ocean.
While Kenya has always carried out economic activities in these waters, Somalia staked a claim to the territory in 2009.
By
law, and as outlined by the United Nations Convention on the Laws of
the Sea (UNCLOS), Kenya’s ownership is hinged on historical and
practical considerations, made official by two presidential
proclamations (of 1979, and 2005) that applied the straight line
principle of boundary demarcation.
By this principle, Kenya’s boundary with Somalia lies along a line of latitude, and runs eastward, south of Kiunga.
Are there external factors influencing the dispute?
Yes, multinational petroleum companies and other states with an interest in the disputed territory, which is suspected of having significant oil, gas and other resources.
It would be important for some countries, especially where Soma Oil is registered, and whose citizens are directors of the company, to come out clean on these claims.
Yes, multinational petroleum companies and other states with an interest in the disputed territory, which is suspected of having significant oil, gas and other resources.
It would be important for some countries, especially where Soma Oil is registered, and whose citizens are directors of the company, to come out clean on these claims.
What are the potential risks of the diplomatic stand-off?
The
risks far outweigh the short-term benefits. First, this tension will
negatively affect diplomatic relations with Somalia, as already
demonstrated.
Second, it will affect trade worth
millions of dollars between the two countries. Third, and most
significantly, it will affect the fight against terrorism, and increase
the threats from terrorists who both countries are trying hard to
extinguish.
Fourth, a dangerous escalation resulting in
war has the potential of sucking in the entire Horn region. This could
complicate the already dire refugee situation in the region.
What impact does it have on the war with Al Shabaab?
Groups such as Al Shabaab, and to some extent ISIS, are watching from the sidelines, hoping that Kenya and Somalia go to war.
They will then emerge and take advantage of the ensuing chaos. Terrorists thrive in anarchy.
When diplomats fail, politicians take over. When politicians fail, soldiers take over. When soldiers fail, terrorists take over.
Terrorists
don’t wait for soldiers to succeed or fail. Rather, they insert
themselves and engineer it so soldiers fail, in order for them to take
over.
A war will be a boon for terrorists. It should be avoided at all costs.
How can the problem be resolved?
The
African Union recommends that all disputes related to borders in Africa
are best resolved bilaterally, or through regional or continental
mechanisms.
It is crucial that Somalia pulls the case out of ICJ, or ask for more time to give a chance for bilateral negotiations.
Very few cases have been resolved by the ICJ. And even when the ICJ rules, there is no mechanism to enforce the court’s ruling.
Can Somalia and Kenya survive without each other?
Yes, they can survive without each other. They have survived without each other before.
But
Somalia stands to lose out more should the escalation continue. With
better relations, both countries can make significant strides in
economic, socio-cultural and political development.
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