Ecoterra Press Release 217 – The Somalia Chronicle June – December 2009, no 29
Dr. Muhammad Shamsaddin Megalommatis
March 09, 2010
ECOTERRA Intl.
SMCM
Somali Marine & Coastal Monitor
ECOTERRA INTERNATIONAL - UPDATES & STATEMENTS, REVIEW & CLEARING-HOUSE
2009-07-27 MON 20h57:12 UTC
Issue No. 217
A Voice from the Truth- & Justice-Seekers, who sit between all chairs, because they are not part of organized white-collar or no-collar-crime in Somalia or elsewhere, and who neither benefit from global naval militarization, from the illegal fishing and dumping in Somali waters or the piracy of merchant vessels, nor from the booming insurance business or the exorbitant ransom-, risk-management- or security industry, while neither the protection of the sea, the development of fishing communities or the humanitarian assistance to abducted seafarers and their families is receiving the required adequate attention, care and funding.
"During times of universal deceit, telling the truth becomes a revolutionary act." George Orwell
EA ILLEGAL FISHING AND DUMPING HOTLINE: +254-714-747090 (confidentiality guaranteed) - email: somalia[at]ecoterra.net
EA Seafarers Assistance Programme EMERGENCY HELPLINE : SMS to +254-738-497979 or sms/call +254-733-633-733
"The pirates must not be allowed to destroy our dream !"
Cpt. Florent Lemaçon - F/Y Tanit - killed by French commandos - 10. April 2009 / Ras Hafun
NON A LA GUERRE - YES FOR PEACE
(Inscription on the sail of F/Y TANIT - shot down on day one of the French assault)
"... obligation to fight oppression and cruelty wherever it appears, and that any group of people who are degrading another group of people have to be fought against with whatever tools we have available to us. "
B. H. Obama - US-American President, who said also: The world has changed ! YES, WE CAN !
Clearing-House: Cut out the clutter - focus on facts !
Breaking:
Families and friends appeal in bungled sea-jack cases:
Freeing "Hansa Stavanger"
Published by studenten-gegen-piraterie on Jul 21, 2009
Category: International Affairs
Region: GLOBAL
Target: Leonhardt & Blumberg, Hamburg, Germany
Web site: http://www.spiegel.de/panorama/0,1518,637136,00.ht...
Background (Preamble):
Hijacking of German MV "Hansa Stavanger" by pirates off the Somalian coast on 4th of April, 2009 without any effort of Leonhardt & Blumberg to help the crew members who are being kept hostage.
Petition:
We call upon Leonhardt & Blumberg to extend their efforts to bring the situation on board MV "Hansa Stavanger" to an end.
We request the person in charge to do anything in their power that the negotiation with the pirates concerning the freeing of the crew-members will lead to a solution as soon as possible and practicable.
In order to show our solidarity to the crewmembers we are planning to hand over the petition on the day the Hansa Stavanger is in captivity since 4 months.
Signed,
Julia Petzold
Nadja Köppen
Steffen Eilts
PLEASE JOIN & SIGN UP: http://www.gopetition.com/petitions/hansa-stavanger.html
Romanian Families Appeal to Italian Government
The relatives of the Romanian sailors on T/B BUCCANEER have launched an appeal through the chief editor of LiberoReporter - an Italian newspapers, which regularly covered the plight of the vessel and crew held in Somalia.
Since the institutions in Romania have imposed a policy of total silence, the wives of the 5 Rumanian hostages have sent a written appeal to the Italian Government, asking for information and an official response concerning the present situation of the crew as well as when their beloved ones will come home.
Five Romanian nationals are members of the crew of the Italian Tugboat Buccaneer, who are held - together with 10 Italians and a Croatian - imprisoned under very harsh conditions for already now over three months mostly under deck of their vessel, which was seized by Somali captors on April 11 2009.
Though one would think that the Romanian sailors would receive help from their country - no - it seems that the Romanian authorities have not even been a little worried for the plight of their 5 citizens.
No representative of the Romanian state has tried to contact the families of the sailors and, the Romanian diplomats just urge everyone to stay calm, declaring that other seafarers have been held for much longer periods.
Moreover the Romanian Ministry of Foreign affairs has declared that it is the responsibility of the Italian Government to free the crew, since the tug flies the Italian flag and therefore it is considered territory of Italy.
Earlier the women had sent a letter to Romanian President Haul Basescu asking him to become active. But that appeal has not even been replied to.
Yesterday - two months after the first letter - they sent a second one.
But this time - with desperation in their hearts due to the lack of any information - the wives of the Romanians on the Buccaneer, Elia Carmen Borcan, Nicoleta Aragea, Mirela Marinescu, Steluta Gheorghe, Janina Galca, , have decided to address it this time also via the magazine LiberoReporter in order to launch a public appeal to the diplomacy of Italy by "those deprived of any hope".
The wives request from the Italian Ministry of Foreign Affairs information and news concerning what is happening to their beloveds ones, from whom they didn't hear anything for many days.
They ask for an official answer from the Italian diplomatic service, since the Romanian sailors are crew of an Italian ship. They ask information on the status of the negotiations and how the situation will be resolved - a situation, which is becoming more dramatic and uncertain by the hour.
The women are sure that "the Italian government will give the answers" and have confidence in the Italian diplomacy, convinced that "the Italian Ministry of Foreign Affairs will do all it can for the liberation of the hostages" - and they ask for that help and care they have not received from their own country, Romania.
A message has been launched also to the General manager of MICOPERI, the recruiting company responsible for the welfare of the sailors of T/B BUCCANEER on this voyage from Italy to Singapore: "We also asked Mr. Bartolotti to provide news concerning our husbands to us and to take part to unblock the talks, like other shipowners of seized vessels have been pro-active to free the captive hostages from Somali piracy."
N.B.: After a failed attempt by Italian diplomats to mediate for the release of vessel and crew, the Italian government has been mum and leaves everything to the Italian company, who owns the vessel: LEADERSHIP MANAGEMENT at 11, Via Giovanni Michelucci, Ravenna - Italy. They have so far not achieved anything and just refused possibilities to achieve a release. The Somali side claims that the tugboat and its two huge barges were used to dump toxic waste and the company has not come clear to diffuse these allegations. The Romanian Sailors are: Nicusar Renius Marianescu, Dorel Gheorghe, Stefan Borcan, Adrian Galca and Marius Arage.]
News from sea-jackings, abductions, newly attacked ships and vessels in distress
MV HANSA STAVANGER, according to reports from the ground, is in a new situation and allegedly movements from and to the vessel - incl. those for supplies to the vessel - have apparently been stopped. While this might please some cargo-owners, who fear their cargo is being looted, it could create more suffering for the crew, if confirmed. So far no confirmation was received as to the reasons for the change in the situation. Latest reports speak of another breakdown in the negotiations, though allegedly the offer from the side of the shipowner was raised.
Food and water on MV ARIANA have reportedly run extremely low and it has been communicated that it also has run out of Diesel-fuel for the generators. Official negotiations also involving some assistance to a certain crew-member have so far gone nowhere.
Six days under the threat of death
By Praveen Menon
Captain Sidhik Umar Bhatti recalls the hostage ordeal with members of his crew on board the MV Nefya.
At first it was just a dot on the horizon. The dhow was about 15 miles off the Somali city of Bossaso, in the Gulf of Aden, returning to the UAE from Mogadishu, when members of her 14-strong Indian crew noticed what seemed to be a fishing boat moving towards them.
Aware of the threat of pirate attacks in the area, Sidhik Umar Bhatti, the captain of the dhow, the MV Nefya, ordered full speed ahead, just to be on the safe side.
Moments later, though, a speedboat, manned by four armed Somali pirates, had almost caught up with them.
"The pirates started firing in the air and threatened to shoot us. They came close and demanded that we throw down a ladder," said Mr Bhatti.
Another speedboat, loaded with ammunition, quickly reached the dhow. The sailors looked on helplessly as seven men climbed on board their ship. They carried two rocket launchers, several machine guns and communications equipment.
For the sailors, it was the beginning of a six-day ordeal in which every moment would be filled with dread.
"For six days, we were under fear of when they would kill us," said Mr Bhatti, 37, sitting in the dhow in Sharjah creek near Khalid Port, recalling the hostage drama.
The dhow, which has a capacity of more than 1,300 tonnes, was captured on July 10.
"They told us they wanted nothing from us but they needed the boat. They instructed us to move towards Aden," said the captain.
The crew believe that the pirates had been given a tip-off that the empty vessel was returning, and it was just what they needed. "They wanted to use this boat to capture bigger ships," said Mr Bhatti.
The pirates were young, between 25 and 30, and were taking orders from an older man.
"The older man was in constant communication with someone over the wireless phone. He would take orders in directions and the next course of action over the phone," said Mr Bhatti.
On July 13, the dhow was steered towards a Liberian oil tanker, the MV Elephant. A full assault was launched on the tanker as the crew of the dhow ducked for cover.
"I have never seen such firing before. We were all very scared and thought they would kill us too," said one of the junior sailors.
The pirates fired indiscriminately and took to their speedboats again to get close to the Elephant, then tried to climb on board.
"The captain of the ship was intelligent and he poured hot water to prevent the men from climbing on," said Mr Bhatti.
In the meantime, the tanker made contact with a French naval warship that was patrolling nearby, and which soon reached them. A helicopter also arrived, as did a vessel from the Indian Navy.
It was the first time that two warships from different navies had been involved in such an incident during the piracy off Somalia.
The warships shadowed the dhow, putting pressure on the pirates to leave the ship and release her crew. For the next few days, the warships and the helicopter kept watch on the movement of the captured dhow, not allowing it out of sight.
On board the vessel, however, the pirates´ frustration was boiling over. Once their attack on the Elephant failed, they became agitated and started assaulting the crew.
"They kicked and punched us," said Mr Bhatti. "They wanted the navy vessels to go away. They asked us to communicate with the navy and tell them that all hostages would be killed if they do not go away."
The sailors were desperately worried and wondered if they would ever be rescued.
"Two of our men even thought of jumping into the sea," said Mr Bhatti. "However, the navy vessels were three miles away at this point and it would be certain death if the ships did not spot them."
Threatened with the prospect of the naval forces moving in, the pirates set the dhow for the Somali shore and got off on the morning of July 15.
Before they left, the pirates took the crew´s personal belongings, including money and mobile phones, and warned the men not to talk to anyone or they would track them down and kill them.
The crew´s survival is being seen as a major victory for multi-national anti-piracy patrols being carried out off Somalia.
"We thank the navies as they only left because they were scared the navies would attack and capture them," said Mr Bhatti.
"Navy patrolling in this area is necessary – and a lifesaver for us."
Hundreds of ships carrying goods such as cars, electronics, food and toys have been attacked this year off Somalia.
Reports suggest that nearly a dozen vessels remain in the hands of pirates, with hundreds of men held hostage.
The pirates appear to be getting bolder and demanding larger ransoms for the release of vessels and their crews. Last year, US$3 million (DH11m) was said to have been paid for the release of the Saudi Arabian tanker Sirius Star.
The crew of the dhow Nefya believe naval protection for merchant shipping is the only solution as they continue risking their lives travelling to and from Mogadishu.
"We have to go back, we have no choice," said Mr Bhatti, who pointed out that the ship carried goods to Somalia regularly and would be back in Mogadishu in less than a month. Asked if his family were aware of the risks he faced, Mr Bhatti said: "My family know about it and they keep asking me to leave this job and get back home."
He has been working with Haji Pir General Trading, the Sharjah-based company that owns the dhow, for 15 years and was made captain a year ago. Pirates had attacked the boat in April but they sped off before getting close.
"It all depends on our luck if we get caught or not," said Mr Bhatti, smiling. "We will see what happens the next time."
N.B.: Though similar information was received already during the ordeal, the Indian Navy had maintained that their warship only did reach the dhow after the pirates had left the vessel. Thereafter the Indian government and the media reported that the naval forces had "freed" the dhow. Luckily a planned real "operation" - in a kind of co-operation between the French and Indian warship - even planning to take Puntland coastguards on board - was averted right from the start and therefore the crew can still narrate what happened. - The first victim of war always is the truth!]
With the latest captures and releases now still at least 14 foreign vessels (13 if M/S IO EXPLORER is truly "gone") with a total of not less than 203 crew members are accounted for (of which 44 are confirmed to be Filipinos) and are held in Somali waters. They are monitored on our actual case-list, while several other cases of ships, which were observed off the coast of Somalia and have been reported or had reportedly disappeared without trace or information, are still being followed. MV JAIKUR 1 remains in Mogadishu harbor, but is an insurance and not a piracy case - all foreign crew was evacuated. Over 134 incidences (including attempted attacks, averted attacks and successful sea-jackings) had been recorded for 2008 with 49 fully documented, factual sea-jacking cases (for Somalia, incl. presently held ones) and the mistaken sinking of one vessel by a naval force. For 2009 the account stands at 149 attacks (incl. averted or abandoned attacks) with 47 sea-jackings on the Somali/Yemeni pirate side as well as at least three wrongful attacks (incl. one friendly fire incident) on the side of the naval forces. More than 116 Somalis are held in foreign prisons under charges of piracy. Mystery pirate mother-vessels Athena/Arena and Burum Ocean as well as not fully documented cases of absconded vessels are not listed in the sea-jack count until clarification. Several other vessels with unclear fate (also not in the actual count), who were reported missing over the last ten years in this area, are still kept on our watch-list, though in some cases it is presumed that they sunk due to bad weather or being unfit to sail. In the last four years, 22 missing ships have been traced back with different names, flags and superstructures. Piracy incidents usually degrade during the monsoon season in winter and rise gradually by the end of the monsoon season starting from mid February and early April every year.
Present multi-factorial risk assessment code: GoA: YELLOW IO: YELLOW (Red = Very much likely, high season; Orange = Reduced risk, but very likely, Yellow = significantly reduced risk, but still likely, Blue = possible, Green = unlikely). Allegedly still/again two groups from Puntland alone are out hunting on the Gulf of Aden and in the Indian Ocean, where also groups from Harardheere have set out again, despite the heavy seas and the rough weather.
Directly piracy related reports
More Somali pirate attacks expected in September
By Paul Redfern for The East-African
The [outgoing] British commander of the European Union´s anti-piracy operation off the coast of Somalia has warned that there could be a significant increase in pirate attacks on merchant ships following the end of the monsoon season.
Rear Admiral Peter Hudson, the senior British officer commanding the EU anti-piracy mission, said the current monsoon season — with waves rising up to four metres — had led to a drop in the seizing of merchant ships in the region.
But as the weather changes in the next few months, pirate activity could pick up sharply, Rear-Admiral Hudson told the UK-based Financial Times newspaper."There´s a possibility that pirates will come out in force in the autumn," he said."As the commander, I have to work with colleagues in Nato and other coalition forces to make sure we put our ships in the best place to counter that."
At present the large anti-piracy patrol operation involving 34 naval ships has led to a marked decline in successful pirate attacks on merchant shipping. Six months ago, one in three pirate attacks in the region were successful. Today it is one in nine, an official from Operation Atalanta said. However, with 25,000 merchant ships passing through the Gulf of Aden each year, the scale of the challenge is huge. Rear Admiral Hudson has warned already merchant shipping that a significant number of attacks might take place in the Gulf of Aden in September in spite of increased surveillance operations by national navies off Somalia. Since the EU task force, was launched a year ago, it has been in the vanguard of the international anti-piracy drive. The EU coalition has some 12 ships on patrol in the region, Nato has five and the US-led "combined maritime force" four. National navies, including Russia, China, India and Japan, have a total of 13 ships on anti-piracy patrol. Admiral Hudson said there was far more pressure on pirates because of the large number of forces in the area. But the scale of ocean that needed to be patrolled — two million sq km — made anti-piracy operations difficult.
Operation Atalanta is the first maritime operation the EU has carried out since it first deployed troops outside the bloc´s borders in 1999. It is regarded by member states as one of the EU´s most successful missions. Admiral Hudson said that British authorities would want to reflect on the lessons from the operation in terms of what co-operation with the EU can achieve. "It [has] exposed to us that across the EU´s goals, we can deliver effectively through missions of this nature," he said. "From a UK perspective, we´ve been pleasantly surprised at the success we have had," he said. "It [has] exposed to us that across the EU´s goals, we can deliver effectively through missions of this nature. We need to reflect upon this and see how it changes our relations for the future."
Somali Piracy: The Game
By Noah Shachtman
Face it: You´ve always wanted to be a pirate — capturing ships, ransoming hostages, and raking in millions. But you´re too lazy to actually set sail to Somalia.Well, now you can experience the thrill of piracy, without leaving your cubicle. WIRED has a new, online game, Cutthroat Capitalism, that allows you to play ocean-going hijacker — and AK-packing negotiator. It´s an accompaniment to Scott Carney´s killer story in the current issue, on the economic model behind the Somali pirates. Check it out.
Money laundering and the financing of terrorism (United Kingsdom)
Lords EU Committee Call on Government to Investigate Links between Money Laundering, Piracy and terrorist Financing
The House of Lords EU Committee have today called on the UK Government to investigate how piracy and laundering the proceeds of crime contribute to the financing of terrorism.
In their report Money laundering and the financing of terrorism the Committee call on the Government to take the initiative in discovering the extent to which the proceeds of piracy are used to finance terrorism. The Government say there is no evidence of a link between the two. The Committee condemn this attitude as complacent; they believe the reason no link has been found is simply that none has been sought.
The Committee do not suggest that payment of a ransom should be a criminal offence, but they say that shipowners putting together ransom money must seek consent for the payment. The authorities must know in advance how much is being paid, to whom, and where.
The Committee point out that the fight against money laundering depends on banks and others providing reports of suspicious activities to the Serious Organised Crime Agency (SOCA).
200,000 entries are made on their ELMER database each year, and there are now 1.5 million entries. The great majority are kept for 10 years even where there is no evidence that the suspicious activity was criminal. The Committee say that the Information Commissioner must investigate this.
The Committee go on to consider the impact on private sector organisations of making all these Suspicious Activity Reports (SARs). They point out that banks and others in the private sector dedicate large sums of money and resources to making these reports to SOCA. For one bank the annual cost of complying with the regulations was estimated at £36m. The Committee are concerned that private sector organisations are not given adequate information about how and where the information they provide is used. They assert that it is only by being provided with increased case by case feedback that the regulated sector will feel persuaded of the value of the efforts it puts into complying with the SARs regime.
The fight against money laundering depends on States sharing information about the movement of money, especially information about suspicious bank accounts. The Warsaw Convention on Money Laundering and Terrorist Financing is the first comprehensive international treaty covering both the prevention of money laundering and the financing of terrorism. It will allow access to information about suspicious bank accounts across Europe. But despite the Convention being open to signature since May 2005 the UK has yet to sign it, let alone ratify it. The Committee believe this is indefensible. They call on Ministers to set an urgent timetable for signature and ratification.
The Committee also criticise the Government for failing to implement the EU Framework Decision on mutual recognition of confiscation orders - pointing out that confiscation is one of the best methods of combating money laundering.
Commenting, Lord Jopling, Chairman of the House of Lords EU Sub-Committee on Home Affairs, said:
"The Government has done a lot to fight money laundering and terrorist financing, but much more can be done. It should be investigating the link between ransoms paid to pirates and terrorist financing. It should be working with other EU States, and more widely, on the confiscation of the proceeds of crime.
"We are concerned that the Government has been slow to adopt measures to speed the exchange of information. The Government should act now to ratify the Warsaw Convention on Money Laundering and Terrorist Financing.
"Monitoring suspicious movements of money and suspicious account activity can only work with cooperation from banks and financial institutions. They are not being provided with enough feedback on the impact of their reports of suspicious activities. SOCA should provide them with more information on how their work helps to prevent money laundering and terrorist funding. But the Information Commissioner must examine the database on which all this information is kept."
Current Threats as debated by the UK parliament
(excerpts from an official report Money laundering and the financing of terrorism - Lords European Union Committee )
146. In this Chapter we examine four matters of importance on which we have received both written and oral evidence in the course of our inquiry. They are:
the susceptibility of alternative remittance systems to abuse by money launderers;
the effects of the current global economic crisis;
the proceeds of piracy; and
data protection issues arising from the SARs database.
alternative remittance systems
147. The systems for the remittance of money most commonly used in the Western world are by no means the only ones susceptible to abuse by money launderers. Alternative remittance systems, traditionally operating outside the conventional financial sector, are at least as much open to abuse. Of these systems perhaps the best known and most used is Hawala.
Hawala
A hawala transfers value without the use of a negotiable instrument or other commonly recognised method for the exchange of money. For example, a US resident who wanted to send money to a person in Pakistan would give his money, in dollars, to a US-based hawaladar, or hawala broker. The US hawaladar would then contact his counterpart in Pakistan, giving the Pakistani hawaladar the particulars of the transaction: the amount of money, the code, and the identity of the recipient. The ultimate recipient in Pakistan would then go to the Pakistani hawaladar and receive his money, in rupees, from whatever money the Pakistani hawaladar had on hand. As far as the sender and ultimate recipient are concerned, the transaction is then complete. The two hawaladars would have a variety of mechanisms to settle their debt, either through offsetting transactions (e.g. someone in Pakistan sending money to the US using the same two hawaladars), a periodic settling wire transfer from the US hawaladar's bank to the Pakistani hawaladar's bank, or a commercial transaction, such as the US hawaladar paying a debt or an invoice, in dollars, that the Pakistani hawaladar owes in the US. Hawalas typically do not have a large central control office for settling transactions, maintaining instead a loose association with other hawaladars to transfer value, generally without any formal or legally binding agreements.[87]
148. As Sir James Sassoon emphasised, "informal money flows are a critical component of what makes economies and has made economies flow in parts of the world for many centuries." (Q 424) In particular, such systems facilitate transfers of money by migrant workers to their relatives in their countries of origin. Mr Nilsson, formerly a member of the Council Secretariat, explained that Hawala was a very important tool for moving money back to the countries with large migration pressures. Figures suggested that something like ten per cent of the GNP of some countries was being moved back through remittances without any cost or at very small cost, because one of the problems of normal remittance systems was the cost. (Q 258)
149. But the EU Counter-terrorism Coordinator has explained that while Hawala and other alternative remittance systems serve entirely legitimate purposes, they may also offer an opportunity for criminals and terrorist organisations to move funds virtually without there being any traceability.[88] He told us: "The financing of the insurgency, both in Pakistan and in Afghanistan, was not only the product of drug trafficking but also private money coming from the Gulf through Hawala and remittance systems. It is less remittance and more Hawala. That is a serious concern because that is where we have to intensify our discussions with the Gulf countries." (Q 255) A balance therefore has to be found between safeguarding the legitimate use of the systems and combating their abuse for terrorist financing activities.
150. Hawala and other alternative remittance systems are in law treated in exactly the same way as more conventional systems. HMRC regulates Hawala operations alongside other money service businesses, and anyone who is operating a Hawala business is required to register. Their directors have to be subject to a fit and proper persons test, and they need to provide training and procedures in order to comply with the regulations. HMRC carries out risk based supervision in relation to Hawala. Mr Robertson told us that the Treasury aimed not to discriminate between different forms of transmission of funds, but tried to make sure that people carrying out all forms of money transmission were subject to the regulations, were regulated, had in place the necessary procedures and were subject to the necessary standards. (Q 88)
151. Mr Webb and David Thomas, the Director of the UKFIU at SOCA, both spoke to us about particular problems in this sector. The process of netting off money between the agent in the United Kingdom and the agent abroad meant that transactions were much harder to trace through the system; agents overseas were often unregulated, unknown to the authorities and in some cases questionably legal. There was an obligation to report suspicious activities, and SARs came from money service businesses, money transmission agents, and those that operated in greengrocers, butchers, and newsagents; but because Hawalas were firmly embedded in certain ethnic communities, getting awareness among them was more of a challenge. (QQ 89, 212-213) We were told that there were sometimes language problems, but that guidance notices were issued in a number of minority languages.[89]
The Payment Services Directive
152. FATF Special Recommendation VI on alternative remittance specifies preventive measures such as licensing and registration, requirements for customer identification, record keeping, suspicious transaction reporting and sanctions. This Recommendation is implemented in EU law by the Payment Services Directive[90] which was adopted on 13 November 2007 and is due to be implemented by Member States on 1 November 2009. Ms Mieneke de Ruiter from the Council Secretariat thought this would be an important date: "Once Member States start to implement the Payment Service Directive all those alternative remittance bureaux or businesses or little shops will have to be registered and licensed and will have to apply all the rules under the Anti-Money Laundering Directive. Then you can get a grip on it and you can try to get it under control. At the moment there is no control and that is the big challenge." (Q 254)
153. The Counter-terrorism Coordinator states in his Strategy of July 2008 that a uniform implementation of the Directive "is of key importance to prevent the abuse of money remittance services by potential terrorist financers." He expects implementation of the Directive to facilitate the gradual migration of these services from the unofficial economy to the official sector. Mr Pellé from the Commission said that at that stage any alternative systems operating in the EU would need to be registered or licensed in accordance with the requirements of the Directive; if they were not, they would be breaking the law. (Q 312)
154. It must be right that Hawala and other alternative remittance systems should always be treated as a money service business like any other more formal money service businesses. The Payment Services Directive should ensure that this happens across the EU.
155. However we believe that by its nature Hawala is more susceptible to misuse, and that particular care needs to be taken to ensure that money service businesses and money transmission agents are made aware of their responsibilities, and comply with them. This will involve making information and instructions available in a wide variety of languages.
156. The United Kingdom has considerable experience in regulating Hawala; we recommend that the Government should actively share this experience with their EU and FATF partners, and seek to ensure that no vulnerabilities in these systems are overlooked.
The global economic crisis
157. The Declaration issued by the G20 after the meeting in Washington DC on 15 November 2008 included the following passage: "The Financial Action Task Force should continue its important work against money laundering and terrorist financing, and we support the efforts of the World Bank-UN Stolen Asset Recovery (StAR) Initiative." Mr Robertson, giving evidence to us before the meeting of the G20 in London on 2 April 2009, told us that he interpreted this statement as quite positive in its language towards work that the FATF had undertaken in the past. (Q 64)
158. Mr Pellé, giving evidence to us after the European Council on 19-20 March 2009 but again before the London G20, pointed out that the Council "in the context of the current crisis, called for the G20 in London to fight with determination tax evasion, financial crime, money laundering and terrorist financing as well as, and I am quoting, 'any threat to financial stability and market integrity'." (Q 270) He added that the global financial crisis was already influencing the thought processes of the FATF, and the Commission was contributing to this. (Q 280)
159. Finally, the London G20 reconstituted the Financial Stability Forum as a new Financial Stability Board (FSB) with a greatly increased membership. Sir James Sassoon thought that this was a missed opportunity for the FATF to have been put on to the FSB; that would have created another layer of useful oversight and a check on the FATF's processes. (Q 391)
160. The G20 Declaration on Strengthening the Financial System stated: "It is essential to protect public finances and international standards against the risks posed by non-cooperative jurisdictions. We call on all jurisdictions to adhere to the international standards in the prudential, tax, and AML/CFT areas … We agreed that the FATF should revise and reinvigorate the review process for assessing compliance by jurisdictions with AML/CFT standards, using agreed evaluation reports where available … We call upon the FSB and the FATF to report to the next G20 Finance Ministers and Central Bank Governors' meeting on adoption and implementation by countries."
161. In a separate initiative at the FATF plenary meeting in February 2009 the Netherlands, who were then about to take over the FATF Presidency (and did so in July 2009) tabled a proposal to examine the impact of the global financial and economic crisis on efforts to combat money laundering and terrorist financing. The objective is to analyse the impact of the financial crisis on AML issues in general and on the mandate of the FATF, and to have a particular look at non-transparent and non-cooperative jurisdictions. A report is expected in October 2009.[91]
162. At a time when all Governments are having to scrutinise public expenditure with particular care, the FATF has stated that it "will continue to consider the measures which countries are taking to mitigate the impacts of the crisis, as such measures should not undermine AML/CFT controls." (p 248) Sir James Sassoon stated: "I would be very concerned about the possible diversion of resources within finance ministries and financial regulators, in particular, and maybe in other authorities away from this area of work, as the authorities are under enormous and continuing pressure to deal with the day-to-day aspects of the crisis." (Q 410) We agree with both these views. Measures taken to mitigate the impact of the economic crisis should not adversely affect AML/CFT controls, and should be scrutinised to make sure that they do not. Nor should such measures divert resources away from AML and CFT.
Piracy
163. Piracy on the high seas, and particularly off the Horn of Africa, is a current threat which, despite the measures being taken by the EU and others, shows no sign of diminishing. Money extorted by the payment of a ransom to free a ship, its crew or its cargo clearly becomes the proceeds of crime. The money may be laundered, although Mr Webb pointed out that this was a cash-driven economy, and that the money would be unlikely to be placed in a financial institution, at least initially. (Q 186) Whether the money is laundered or not, it may be used for the financing of terrorism. We considered whether the Government's approach to these questions was correct.
164. The Treasury and the Home Office provided us with a useful summary of the relevant law.[92] While in some countries the payment of a ransom is illegal, in the United Kingdom it is not. The Departments rightly point out that if ransom payment was an offence this would risk criminalising families and employers who were already in the position of having to make difficult decisions regarding the fate of the hostages. A change in the law could also discourage those of whom the demand is made from contacting the law enforcement authorities for their assistance. We agree. We have received no evidence to suggest that the payment of a ransom should be made a criminal offence, and we do not suggest that the law should be changed.
165. Mr McGovern of Lloyd's provided us with valuable evidence about the manner in which shipowners deal with the payment of a ransom. He explained: "As a general principle, whether insurance is provided through hull coverage, hull war-risk cover, cargo cover or, in relatively rare cases, stand-alone kidnap and ransom cover, insurers do not get involved in negotiating with pirates and do not get involved in making payment. Insurers stand behind the insured and provide, after the event, indemnification for the insured's loss." (Q 507) Later he explained this more fully, concluding: "the Proceeds of Crime Act and any terrorist financing legislation would not therefore apply to the transaction between the insurer and the shipowner because that is a transaction between legitimate parties for a legitimate purpose." (QQ 526-528) We have therefore considered this question only in so far as the law and practice affect a shipowner based in and doing business in Britain of whom a ransom has been demanded.
Ransoms and the Financing of Terrorism A
166. It seems to us that there is a serious risk that a significant proportion of money paid to pirates as a ransom could be used for the financing of terrorism. When we put this to Ian Pearson MP, the Economic Secretary to the Treasury, he told us "… there is no direct evidence of the proceeds of piracy being directed towards terrorism". But he added: "I have been careful not to say that it is not going to terrorism. What I have said is that we have not found a direct link to that." (Q 479-480) Subsequently the Home Office conceded that in the case of Somalia the existence of terrorist groups in the area was well known, but added that it was not thought at the present time that Somali pirates were connected in any systematic way to those terrorist organisations. If in the future it were to become known that such a connection existed, then a person might have "reasonable cause to suspect that [the money or property involved in a ransom] … may be used for the purposes of terrorism", so that an offence under sections 15-18 of the Terrorism Act 2000 would be committed by the payment of a ransom. The conclusion of the Home Office is that "anyone involved in the provision of a ransom payment must satisfy themselves that there is no reasonable cause to suspect that the money or other property will or may be used for the purposes of terrorism."[93]
167. We regard this as an extraordinarily passive and complacent attitude. The Government, together with other States, are far better placed than individual shipowners to decide whether ransoms are likely to be used to finance terrorism; but they seem unwilling to shoulder this responsibility. We think that they should. We agree that it is not their duty to offer shipowners legal advice in specific situations; but we believe it is their duty to establish the facts on the basis of which shipowners can base their own assessments. In our view the likely reason no link has been found between piracy and terrorism is that no link has been sought. We concede that in the case of a failed State like Somalia, almost devoid of law enforcement authorities, with a minimal banking system and large ungoverned areas, it is extremely difficult to trace what happens to a ransom once it is paid. However it is important to know whether the proceeds of piracy are being used for terrorist financing, and if so the order of magnitude of the sums involved. The Government must take the initiative, if possible in concert with other interested States.
168. We are struck by the sharp contrast between the naval efforts being deployed by the Government, the EU and NATO to deter and eliminate the threat from the rise of piracy off the Horn of Africa,[94] and the lack of any concerted action to inhibit the transfer of the proceeds of these criminal acts, or even to establish whether they might be helping to finance terrorism. The Government point to the limited mandate and remit of the FATF, and suggest that the best means of addressing the issue through the FATF is for the FATF to continue its work on promoting money laundering and terrorist financing controls in low capacity countries. A further course of action the Government are currently exploring "would be some kind of FATF statement about the problem". [95] Rather more than a statement is needed. We urge the Government to raise this issue with their EU partners and in the FATF with a view to establishing the extent of the link between the proceeds of piracy and terrorist financing, and to warning members of the FATF about these risks.
169. Perhaps the countries best placed to help find answers to these questions are those in that area. Saudi Arabia and Yemen are members of the Middle Eastern and North African FATF (MENAFATF), while Kenya and the Seychelles are members of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG). The Government should consider raising in the FATF the question whether a joint typologies exercise between the FATF and these FSRBs would be of use.[96]
Consent to the Payment of a Ransom
170. Money which is assembled in the United Kingdom in preparation for the payment of a ransom to pirates is not at that stage criminal property. It becomes criminal property when in the hands of the recipient. Therefore, as the Home Office say, consent may be required when assembling money in order to provide a defence to the money laundering offence under section 328(1) of POCA.[97] A decision by SOCA to grant consent is a decision to confer a defence to a prosecution for a money laundering offence, and not to judge the propriety of the planned ransom payment.[98]
171. Thus far we agree with the Home Office. We do not however understand the statement that they "have no legal instrument to prevent companies from [paying ransoms] or for requiring them to report their activities, unless a link is established between piracy and terrorism".[99] It seems to us that the possibility of a prosecution for money laundering if consent is not obtained can be an effective instrument, even if no connection is established between piracy and terrorism.
172. Where we also part company with the Home Office is in their conclusion that "in the event that a person did not seek consent, and the money was in all respects legal until it reached the hands of the pirates, it is unlikely that a prosecution for money laundering, solely because consent was not obtained, would be regarded as being in the public interest".[100] Where an offence has been committed, prosecutors retain a discretion not to prosecute where a prosecution is not in the public interest; they do not have a discretion to announce in advance of the commission of a class of offences that no prosecution is likely to be brought if the offence is committed. This is simply encouraging lawbreaking. So long as a failure to obtain consent results in an offence, it must be prosecuted. If prosecution is not thought desirable, then the law must be changed.
173. In every case of piracy where a ransom has been demanded and the payment is being assembled in the United Kingdom, those involved have in our view a duty to seek consent for the payment of the ransom. Not to do so is likely to result in the commission of a criminal offence. We regard it as an abdication of responsibility by the Home Office to suggest otherwise.
The SARs database: data protection issues
174. We have already referred to the very large number of SARs submitted to SOCA each year.[101] The great majority are submitted by the regulated sector, but some come from other sources, including a few where the source is listed as "unknown/anonymous".[102] The SARs are entered onto a database known as ELMER maintained by SOCA. At the end of September 2007 there were 932,324 entries on this database,[103] and the number increases by more than 200,000 each year.[104] David Thomas, the Director of the UKFIU, thought that by March 2009 there were about 1.5 million entries on the database. (Q 193)
175. ELMER is in effect a database of suspects. Access to it is available to "every police force in England and Wales, Scotland, Northern Ireland, all of the national agencies that have prosecution powers—HMRC, DWP, the Serious Fraud Office—together with other agencies such as trading standards, and some county councils … every day there are over 1,500 trained and authorised users across the country who as their core business are examining SARs that relate to their own public duty". (Q 193) It is also used for purposes unrelated to serious organised crime, such as ensuring compliance with tax obligations. Nottinghamshire County Council uses ELMER to investigate housing benefit fraud.[105]
176. On receipt of a SAR no steps are taken to confirm whether or not the suspicion on which it was based is well founded, and SOCA believes it would not be practicable or useful to do so. SOCA is of the view that there are few SARs with no value. The Proceeds of Crime Act 2002 requires the reporting of activity that makes the transaction suspicious, and as future circumstances unfold the fact that the reporter was suspicious is unaltered. The SAR therefore remains on the database and is available for use by the full range of end users.[106] Each SAR is assigned a deletion date of ten years after receipt, and is automatically deleted unless it has been amended or updated, in which case the deletion date is reset to six years following that event. There is a procedure for earlier deletion of individual SARs where all necessary activity relating to that SAR has been undertaken. SOCA estimates that 20,880 SARs have been permanently deleted from the database.[107]
177. An individual who wishes to see whether the ELMER databases includes entries relating to him, or to transactions or activities in which he has been involved, is unlikely to succeed. SOCA is not subject to the Freedom of Information Act 2000. Information may be sought under section 7 of the Data Protection Act 1998, but it is likely that the exemptions relating to national security and crime will apply.[108]
178. We put these matters to the Information Commissioner's Office (ICO) and sought their views. David Smith, the Deputy Information Commissioner, confirmed to us that the ICO had jurisdiction over these matters. In his view it was important that the SAR process should be operated in a proportionate manner. The database should focus on assisting with the investigation and prevention of serious criminal behaviour, and the thresholds for reporting, recording and granting access should reflect this. He would be concerned if local authorities were using the SAR database to investigate minor matters or matters which would not ultimately result in criminal prosecution.
179. The ICO therefore expect SOCA to have established retention periods for the information held on its database. If there are SARs based on financial transactions meeting a particular threshold level rather than on hard evidence of criminal activity, the prolonged retention of those records will in their view be inappropriate and disproportionate. The ICO believe that it should not be the general rule that all SARs are kept indefinitely. (p 272)
180. Although SARs are not kept indefinitely, the fact that they are routinely retained for ten years on a database to which there is wide access is a matter of concern to us, especially in those cases where it can be shown that the initial suspicion was unfounded. We contrast this with the ruling of the European Court of Human Rights that the retention on the DNA database of the DNA of persons not convicted of a criminal offence was a breach of their right to privacy under Article 8 of the European Convention on Human Rights.[109]
181. As we explained in the previous chapter, the operation of the SARs regime is burdensome because of the scope and volume of the transactions and activities which have to be reported. We hope that adoption of our recommendations on a de minimis provision, on improved guidance and on feedback will lead over time to a lessening of the burden and an improvement in the quality of the ELMER database, so that entries on it are focused on serious organised crime, including money laundering.
182. The FATF Recommendations do not require information on the ELMER database to be made available other than in connection with serious crimes. Access for other purposes should be on request to SOCA.
183. The Information Commissioner should review and report on the operation and use of the ELMER database, and should consider in particular whether the rules for the retention of data are compatible with the jurisprudence of the European Court of Human Rights.
Notes:
87. From a US Treasury report The Hawala Alternate Remittance System and its Role in Money Laundering, undated (prepared by the Financial Crimes Enforcement Network in cooperation with INTERPOL, probably in 1996).
88. Revised Strategy on Terrorist Financing, document 11778/1/08, 17 July 2008.
89. 215 and 470-471; Supplementary memorandum (2) by HM Treasury, p 66.
90. Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC(OJ L 319 of 5 December 2007). See also Article 36 of the Third Directive.
91. Memorandum by the FATF Secretariat, paragraph 28, p 247; Robertson Q 55; Pellé Q 280.
92 Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, Annex A, pp 69-71.
93. Ibid, paragraphs 13-14.
94. See the evidence given to Sub-Committee C of this Committee (Foreign Affairs, Defence and Development Policy) by Rear-Admiral Philip Jones on 12 February 2009, and by Lord Malloch-Brown, the Minister for Africa, Asia and the UN, on 19 March 2009: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/999/euc120209ev1a.pdf, and http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/999/euc190309ev2.pdf
95. Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, p 68.
96. Every year the FATF holds typologies exercises bringing together law enforcement experts and members of national regulatory authorities to examine current money laundering techniques, and publishes reports. Among topics reported on in 2008 were the vulnerabilities of commercial websites and internet payment systems; and in 2007, money laundering and terrorist financing through the real estate sector, andlaundering the proceeds of VAT carousel fraud.
97. i.e. the offence of entering into or being concerned in an arrangement, knowing or suspecting that it facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person.
98. Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, Annex A, paragraph 6, p 70.
99. Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, p 67.
100. Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, Annex A, paragraph 6, p 70.
101. Paragraph 100.
102. SARs Regime Annual Report 2008, Annex B, p 40.
103. SARs Regime Annual Report 2007, p 15.
104. SARs Regime Annual Report 2008, p 16.
105. Reply by Lord West of Spithead to a question from Lord Marlesford: HL Deb 2 April 2009, cols. WA 287-288.
106. Supplementary memorandum by SOCA, 17 April 2009, p 108.
107. Supplementary memorandum (3) by HM Treasury and the Home Office, May 2009, p 69.
108. Sections 28 and 29.109 S and Marper v United Kingdom, judgment of 4 December 2008, http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=843941&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 Back
Full report with evidence at: http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/132/132ii.pdf
Monsoon wedding season amid pirate fears
This month, the seafarers of the small shipbuilding town of Salaya - on the western coast of India - return en masse from sailing between India, Dubai and Somalia, to sit out the monsoon.
For the next months the Indian merchant sailors are preoccupied with just two things: repairing their ships for the next season and weddings. But with as many as 15 dhows hi-jacked by pirates last year, this year the sailors and their wives worry about the men returning to Somalia. It's the most lucrative place for them to trade, but are the risks worth it?
Anti-piracy measures
The multinational anti-piracy force operating off the coast of Somalia warned on Monday of an increase in attacks when the monsoon season ends in the next few weeks.
"The Combined Maritime Forces are warning mariners of an anticipated increase in piracy incidents when the southwest monsoon ends in the coming weeks, and are reiterating that merchant mariners must continue to take proactive action to help prevent piracy attacks," said the US Fifth Fleet based in Bahrain.
The world's naval powers have deployed dozens of warships to the lawless waters off Somalia over the past year to curb attacks by pirates threatening one of the world's busiest maritime trade routes.
Somali hijackers attacked more than 130 merchant ships off Somalia last year, a rise of more than 200 percent on 2007, according to the Kuala Lumpur-based International Maritime Bureau's Piracy Reporting Centre.
The Combined Maritime Forces said that high seas in the Somali basin over the past few weeks had resulted in fewer attacks on vessels travelling through the area but said seamen must continue to remain vigilant.
"The prior preparation and vigilance of merchant mariners at all times of day and night is more important now than ever," said task force commander Rear Admiral Caner Bener of Turkey.
"While our ability to deter and disrupt attacks has improved over time, we are constantly adapting the way we do our business as the pirates adapt and modify their tactics," he said in a statement.
More than 30 ships and aircraft from 16 nations including members of NATO and the EU are patrolling the waters off the Somali coast to try to ensure safe passage of sea traffic through the region.
S. Korean navy chief to meet anti-piracy commanders in Somali waters
By Sam Kim
South Korea's top admiral left Monday to meet with commanders of multinational anti-piracy troops operating off the Somali coast, including his country's own, the Navy said.
During the five-day trip, Jung Ok-keun will meet U.S. 5th Fleet Commander V. Adm. William Gortney, Maj. Gen. Lefort Philippe, who commands French forces in Djibouti, and Bahrainian chief of staff Maj. Gen. Sheikh Abdullah Khalifa, the Navy said in a statement.
Jung will also visit the South Korean anti-piracy unit, Cheonghae, operating aboard a destroyer to protect South Korean vessels plying the Gulf of Aden, the Navy said.
A 300-crew South Korean destroyer has operated there as part of the U.S.-led anti-piracy forces since April, engaging in six rescue operations.
Approximately 500 South Korean ships ply the Gulf of Aden each year. About 150 of them are vulnerable to pirate attacks because of their low speed, according to the Navy.
"Chung will try to boost the morale of the troops operating in the Cheonghae unit and also visit another South Korean unit cruising as part of its global training program in the region," the Navy said.
German navy sends a new ship to EU anti-piracy mission
With the Atalanta mission extended through next year, a new ship sets sail for the Horn of Africa to guard shipping lanes and bring food supplies, dw reports.
From the northern port of Wilhelmshaven on Monday, the German naval frigate Bremen embarks on a journey of nearly 8,000 kilometers.
The ship and its 220-strong crew is heading for the Horn of Africa to take part in the European Union's Atalanta mission to tackle piracy in some of the world's most dangerous waters.
On August 11, after arriving at the naval station at Djibouti, the Bremen is to take over the duties of the frigate Rheinland-Pfalz, which has, along with another frigate, the Brandenburg, been representing Germany's navy in the EU-wide mission.
The Bremen is to be primarily assigned to protect ships making runs to Somalia for the United Nations' World Food Program, but it is also to help keep shipping lanes open for other ships as needed.
Problems remain
Over the past two years, pirates along Somalia's 3,100-kilometer coast have hijacked dozens of ships for ransom payments worth millions of dollars.
EU foreign ministers decided last month to extend the mission, which involves 14 ships, by a year, until the end of 2010. There are around 500 German military personnel involved in the mission.
Since the operation began in December, EU-flagged vessels have detained more than 50 suspected pirates, whom they have handed over to the Kenyan authorities in line with a deal reached in March.
Norway, Croatia to join EU's anti-piracy mission
Norway is to send two frigates to join the European Union's anti-piracy mission in Somalia, and Croatia is also set to send ships, the EU's top diplomat said Monday, according to AfricaNews.
The two countries' decision is an 'important addition' to EU Operation Atalanta, EU High Representative Javier Solana said after talks with EU foreign ministers in Brussels.
At the meeting, ministers debated the ongoing conflict in Somalia between government forces and rebels, condemning recent attacks on the government and on UN offices.
The attacks are a 'very clear message targeting all peace and humanitarian work in the country,' EU Foreign Affairs Commissioner Benita Ferrero-Waldner said.
With the country still in the grip of strife, EU foreign ministers agreed that the bloc should step up its support to Somalia's fledgling government, especially by increasing training to its law-enforcement and security services.
The EU launched Operation Atalanta in December to crack down on spiralling piracy around the Horn of Africa. The mission counts a dozen warships together with spotter plans and support vessels.
It was initially mandated to operate until December. A month ago, foreign ministers extended the mission until the end of 2010.
As well as the EU, NATO, Russia, Japan and China all operate ships in the area. Experts have warned that pirate activity could well surge in the autumn as the stormy monsoon season ends.
Philippines contributes $20,000 to help combat piracy (AP)
Manila: The Philippine government said it will contribute $20,000 to a UN trust fund to help Somali security forces combat piracy.
In a statement on Saturday, the Department of Foreign Affairs said Filipino seafarers continue to be victims of piracy in the Gulf of Aden and the Indian Ocean.
The statement said 44 Filipino sailors are still being held by Somali pirates.
It said the Philippines, which supplies about 30 per cent of the world's 1.2 million merchant sailors, is "committed to help restore peace and security in Somalia."
UN Secretary-General Ban Ki-moon has called on all countries to provide urgent military support to Somalia's embattled transitional government and the poorly-equipped African Union peacekeeping force.
No real peace in sight yet
Foreign Troops Should Leave Somalia
By Andrew Bast for Newsweek
Somalia has become synonymous with the term "failed state." Even now, after nearly two decades of civil war and a dismaying string of failed foreign interventions, the end of the country´s long humanitarian catastrophe seems no closer. Recently, Western security experts have begun to warn that the capital city, Mogadishu, could be overrun by Al-Shabab, an armed Islamic extremist group the U.S. government says has ties to Al Qaeda. In the past two months, more than 200,000 people have fled fighting between Al-Shabab and a 4,300-strong African Union peacekeeping force. Last week Al-Shabab gunmen overran a U.N. compound in the city of Baidoa, expelling the international agencies there, including aid workers. Alarmed, Washington recently sent $5 million worth of munitions to help the badly outmatched blue helmets. Now various groups inside and outside the country are calling for more foreign assistance.
But the last thing Somalia needs is additional outside interference. Instead, the world should pull out its forces. Again and again, foreign intervention there has only made conditions worse. Ethiopia´s three-year war with Somalia´s insurgents, which ended in January, managed only to empower the hardline Islamists. Likewise, the presence of the African Union force has made the insurgents seem stronger and more unified. (Meanwhile, the U.N.-approved transitional government the AU is meant to support remains largely impotent and controls just a few streets in Mogadishu.) To fight the foreigners, Al-Shabab has allied itself with another insurgent group, Hizbul Islam, despite the fact that the two have little in common. "The foreign military intervention is a unifying force for the extremists," says Council on Foreign Relations fellow Bronwyn Bruton, author of an upcoming report on the political dynamics in Somalia. The country has even become a prime destination for Qaeda fighters from Pakistan, who are attracted by the chance to wage international jihad there. That makes a long-term political solution much more difficult to achieve.
Hardhearted as it seems, the smartest response might be to let Al-Shabab try to seize Mogadishu.
There are several reasons to think this could help. For one, the Islamist group is far from monolithic, and could well splinter without a foreign enemy to rally against. Second, many of Somalia´s factions—like the Abgal businessmen who run Mogadishu´s port—are well armed and unlikely to be steamrolled by religious fanatics. Third, should they somehow manage to actually seize power, Al-Shabab would then face the immense challenge of governing. "Somalis don´t like harsh religious ideology," Bruton says, and would thus likely resist Taliban-like rule. Foreign armies can still help—but only once Al-Shabab has crumbled on its own. And if outsiders return, it should be to rebuild, not to fight.
Somali parliament falls victim to mortar attack
Somali rebels have disrupted a parliamentary session in the conflict-plagued capital of Mogadishu by launching a series of mortar attacks.
The attack on the temporary seat of President Sheikh Sharif Ahmed's government on Monday came while clashes between the rebels and African Union-backed government forces killed seven civilians.
The 300 attending lawmakers were unharmed and the President left shortly after delivering a speech, a IranPress TV correspondent reported.
Monday's anti-government offensive marks the second time the parliament has been targeted since it relocated from neighboring Djibouti in Kenya to Mogadishu earlier this year with the hope of restoring the rule of law in a country, which had been without a functioning government since 1991.
Police officials added that at least seven civilians were killed and 18 others were wounded in gun battles between al-Shabaab fighters and government forces backed by the African Union presence in the lawless Horn of Africa nation.
Witnesses expect that the number of casualties will rise.
In a similar attack in late April, several mortar shells missed the parliament, but killed five people including one Somali police officer and one student.
President says insurgents failed their attempted coup
Somalia´s president Sharif Sheik Ahmed said on Monday that the Islamist Insurgents fighting to topple the fledgling government failed their attempted coup to topple the government.
The president addressed lawmakers in Mogadishu on Monday and told them that the government got international help from the international community.
The parliament could not meet a temporary centre in Mogadishu for security reasons but the legislators met in Banadir region administration centre for the first time since three months. Residents said several mortars were fired to hall that the lawmakers were meeting on Monday but no casualties have been reported yet.
The meeting of the parliament comes as the Islamist forces attacked bases of African Union peace keepers in Mogadishu.
At least seven civilians were killed and twenty others were injured in mortar shelling exchanged by the rebels and the AMISOM troops.
President Sharif Sheikh Ahmed told the parliament that the remaining troops of the African Union peace keepers would be completed soon.
Somali president says opposition militias 'a failure'
By Abdulkadir Khalif for Nation
The President of Somalia´s Transitional Federal Government, Sheikh Sharif Sheikh Ahmed, has today labelled the Islamist groups opposing his rule as a failure.
Speaking at an ordinary session of the parliament in Mogadishu, the president emphasised that the Islamists (Al-Shabaab movement and Hizbu Islam) have been unsuccessful in toppling the government.
"The opposition groups have shown their best capabilities but their efforts end in futility," said President Sharif.
The President claimed success in his government´s international relations. He indicated that his recent trip abroad achieved its objectives. "The African Union is going to complete the number of peacekeepers for Somalia to its plan,"´ said President Sharif"Fresh battalions are to come from Sierra Leone and Nigeria."
The President´s remarks come at a time the Islamists challenging the TFG have managed to get control of most of southern and central regions of Somalia. They are even giving the government forces and the Amisom peacekeepers a hard time by waging nearly daily attacks.
Serious confrontations in parts of Mogadishu between the government forces and the Amisom peacekeepers on one side against Islamist insurgents has today caused seven deaths and scores of injuries.
Fire and shells landed around KM4, a junction guarded by Ugandan soldiers Amisom. Other areas affected by the clashes included in and around the Bakara market, the biggest trading centre in the Somali capital.
Today´s parliamentary session has been held at the headquarter of Mogadishu´s municipality in the city centre partly because the interim seat of the Transitional Federal Parliament in North Mogadishu has been under constant attacks from Al-Shabaab and Hizbu Islam fighters. Even today´s session has come to earlier closure when it was repeatedly shelled.
The Speaker of the parliament, Sheikh Aden Mohamed Nur Madobe, told the 301 MPs present that the legislators are going to debate tomorrow an agenda concerning a Memorandum of Understanding signed by Kenya and Somalia on their common Maritime Boundary in April. A copy of the MoU has been circulated.
The Speaker also told the local media that five members have been suspended from the parliaments. "The suspended MPs have recently been engaged in anti-parliamentary activities, including long absence," said Speaker Sheikh Aden Madobe.
The mentioned MPs include, Ismael Hurre Buba, a former Somali foreign minister. [NB: Also Ali Bashi - former Minister for the Diaspora - was relieved of his duties, who recently together with 60 MPs had challenged the Parliamentary Speaker. Many of the over 200 absentee MPs have been warned to commence their duties or also face to be dismissed.]
The Speaker of the parliament, Sheikh Aden Mohamed Nur Madobe, told the 301 MPs present that the legislators are going to debate tomorrow an agenda concerning a Memorandum of Understanding signed by Kenya and Somalia on their common Maritime Boundary in April. A copy of the MoU has been circulated.
The Speaker also told the local media that five members have been suspended from the parliaments. "The suspended MPs have recently been engaged in anti-parliamentary activities, including long absence," said Speaker Sheikh Aden Madobe.
The mentioned MPs include, Ismael Hurre Buba, a former Somali foreign minister.
Meanwhile, Hizbu Islam has today appointed a Governor for Mogadishu. At a ceremony in the city, Moalim Hashi Farah, an ardent Islamist, has been chosen for the position. However, this new nomination makes Mogadishu city dwellers with three governors.
The TFG´s city administration is lead by Mohamed Osman Dhagahtur while Al-Shabaab´s boss in Mogadishu is Sheikh Ali Mohamed Hussein. Therefore, Moalim Hashi´s nomination is likely to add more fuel to the confusion of the city dwellers.
International community launches joint security committee (Xinhua)
The African Union peacekeeping Mission in Somalia (AMISOM) together with the UN Political office for Somalia (UNPOS) as well as the Somali government on Saturday launched a Joint Security Committee to coordinate efforts in support of the Somali government's security sector institutions.
The Joint Security Committee (JSC), composed of the Somali Ministers of Defence, National Security, Interior, Chief of Staff, Police Commissioner and the Head of Intelligence from the Somali government side while the international community was represented by AMISOM, UNPOS and three members from donor community, said a joint communiqué issued in Mogadishu.
The JSC held, for the first time, its maiden meeting in the restive Somali capital, a move described as important by AMISOM spokesman, Major Barigye Ba-Hoku, "considering that Somalia, especially Mogadishu, is considered a no-go-area".
"Senior officials from the UN, EU, AMISOM and other countries like Italy and Sweden deliberated today in Mogadishu on how to strengthen the Somalia Security Sector," said spokesman for AMISOM forces in Mogadishu.
The communiqué stressed that the overall objective of the JSC would be to jointly coordinate efforts in support of the Somali security institutions and facilitate the fulfilment of pledges made during the Somali Contact Group conference in Brussels last April.
The JSC meeting in Mogadishu comes days after the hard-line Islamist group of Al-Shabaab announced the banning of three UN agencies including the UNPOS in war-torn Somalia.
Mogadishu, the venue for the JSC' first meeting, has been and still remains the scene of bloody confrontations between opposing sides since the ouster of former Somali ruler Mohamed Siyad Barre in 1991.
The conspiracy behind the brutal and premeditated murder
By Mohamed Mousa
The brutal killing of innocent people was well planned by people with calculated political agenda. It is beyond any one´s comprehension why this murder has taken place on this particle time and at this particular place and to those particular innocent travellers. It is very clear that it was a cover up of an ambitious plan thought by some power hungry individuals. Those men who were slaughtered were innocent and a victim of a serious and of a dangerous setup. The notion that the incident was based on tribal disagreement is very hard to swallow. The plan was to create a situation where the two tribes were to go to war and after that a coupe was staged in the name of saving Somaliland. Another expected scenario was to change the political balance prevailing in the country. Whether this writing is seen as real conspiracy or a conspiracy theory remains to be seen but the magnitude of the way they killed the men points to a real conspiracy.
When this ugly murder occurred, many questions came into my mind: Is the violence exported to us? Is it a local political conspiracy? Is it from the recurring skirmishes from the local clans in the area in which the murder happened? Who is behind it? Who benefits from this?
After much evaluation of the situation, considering prior circumstances, the political atmosphere in Somaliland, I came to the conclusion that the murder is from highly unfortunate and calculated political ambition. The killers are an alibi and did not act alone. The skirmishes in that area has never reached to this level where innocent people are slaughtered and mutilated.
The murder was deliberate and planned in such a way that as soon as it happens the Gadabousri and the Ishaq would be at war immediately and the coming elections were either be postponed or would result in the benefit of the people who sponsored this heinous murder. It could be a conspiracy theory, but human instincts, common sense, and the political circumstance on the ground all point toward that. The people in that area has been in disagreement since recently but the clans from either side have never slaughtered and mutilated their captives.
The people who are behind the killings thought they would outsmart the neighbouring clans. The wisdom and patience of the people speaks volumes. Without their wise judgement, we would have been in a different circumstance by now and Somaliland would have been buried in blood. Those blood thirsty people have exposed themselves and hopefully will be brought to justice and the people who worked behind the scene and deliberated this unforeseen bloody murder will not live happily ever. They will be in hell on Earth and in heaven.
Whoever is behind the killings, the case is now in Isak court. They should solve this unprovoked murder and bring those who are responsible to justice. I wrote many times about the thorny road ahead and this is one of them. We all know that many such incidents happened in other parts of Africa and still continuing in some countries. However, before this murder, we were very proud of ourselves and thought we could be an example of how we reached democracy and peaceful coexistence. The people behind this cruel and merciless killings have not acted alone and are definitely were messengers from some desperate individuals among Isak communities. They wanted to create massacre and genocide among our people so that Gadaboursi and Isak go to war with each other and stage a coup or if election is possible, each tribe should stick together and vote a member from them.
What are more interesting is what happened to the leaders of the opposition and why some of them have chosen to go out of the country when their advice, leadership, and influence are needed? Is it because they were behind this and escaped from suspicion or they wanted to show that they are indifferent to the killings or avoid being part of the negotiation elders? Whatever the reason is, the suspicion is out there.
There is another more interesting and mean strategy taking place today in Somaliland. The elders from Isak gathered in Borama and brought nothing except an empty promise. They sang a lullaby for the Gadaboursi elders to give time to the butchers to escape and all the evidence is destroyed. They are still singing the lullaby and solved nothing. What is worse than that is the incompetent government who is not abiding by the law of the land and watching things to unfold in front of its eyes. If the government is real, it should not hesitate to do the inevitable. It should apprehend the relatives and the elders of the fugitives who are responsible for this horrendous murder.
It is good to know that condolences and condemnation are coming from all tribes in and outside the country. We all despise those murderers and conspirators. It seems that we love to see Somaliland strife towards sovereignty and prosperity with peaceful coexistence. However, most of the people do not tell the truth. The one among us who talks the truth is criticised by some people who have very serious agendas. At this moment, we need to talk tough and all seek to bring those murderers to justice and not let them hide among us even if they are our brothers and sons. In this way we can travel together peacefully towards our common understanding and goals.
We have to condemn those actions in the strongest possible terms.
If this time passes with no action at all, it is sure we will all fail and insensitivity and suspicion among our poor people will increase to a level that we have no control over it. Let it be no mistake that what happened does not conform to the reality in the ground and it is far from being a tribal activity but it is sure that it is something that have been calculated and discussed among some individuals who have no sympathy for the human life and do not care about the consequences of the genocide which has already occurred and the ones to come.
This well planned atrocity has done a great damage in the hearts and minds of those who missed their loved ones and those who have a stake in Somaliland being independent. It is uncertain whether the murder is solved and killers and the sponsors will be brought to justice. Without a real mediation and proper solution, the atrocities will continue and healing will never come. The relatives of the murderers have to come forward and tell the authority of the land where the those villains are hiding and nurtured or the target killings and vengeance will in no doubt take place selectively and Somaliland will be in turmoil in the near future. Somaliland´s peace and tranquility is nearing to an end if the Government of Somaliland is not courageous enough to act quickly and harshly. It has to go by force and bring the relatives of the murderers and their elders in custody and start investigating them without mercy. Some people in the government are co-culprits in the case and are covering the truth for their own advantage and survival of their subclans but they have to realize that they could also be a target.
The only reason why the murderers have slipped away is our government is incompetent and taken over by special interest groups. The reason why there are governments in the world is to safe guard the peace and the well being of the citizens of a country. The reason why there are courts and prisons is to provide justice to every citizen. The reason why we have military, police, and other security agencies is to keep peace. We have to question why our government is so slow and inactive to pursue justice and bring the killers and their sponsors to court. It must be clear to all of us that this murder is not from clan revenge but from sponsors who thought they would benefit from this ugly murder through divisionism based on tribalism or creating two tribes with different agenda.
Somalilanders´ unity is a must if we want to succeed and prosper. We must reject the disastrous policy of the individuals who are working openly for our failure. Let us say no to the sponsors of the genocide. Let us have the courage and bravery to reject those killers and their sponsors to live and hide among us. Only through unity with a common goal, we can avoid tit-for-tat revenge and civil wars. We call upon the fugitives and their sponsors that the public verdict is already out and the judgement is you will never play hide and seek and get away with that unprovoked murder. The public court has reached its final deliberations and sentenced the killer to death in absentia and the fate of the accomplices will be decided on the ballot. The fugitives and their sponsors will never live happily among us. If they were thinking of gaining power from this God forbidden action, they were wrong. They gained curse from God and from public.
Government action is needed quickly and swiftly. It is not the practice of a Government whether it is democracy, anarchy, or dictatorship to watch ideally and put the law of the land in the hands of a group of elders who have no power or respect in their clans and politicians and could have special interest in the murder. Instead of honouring constitution and the law, it is honouring traditional problem solving which cannot work under current circumstances and under the magnitude of the killings. It waited so long and let the murderers escape. This inaction is another crime committed by the Government against the families orphaned by criminals and a whole tribe. Hassan Sh. Momin, may God bless him, said: If the medicine gets sick, what will be its treatment? That is the Government situation. It is unexpected and a surprise to all Somalilanders that we have no protection from thugs and murders. It is a proof that other forces are working behind the scenes and forcing the Government to inaction.
The Somaliland intellectuals are also share the blame with the government. They talk about the above conspiracy as I put it, but somehow suppressing their views and intellectual analysis. The intellectuals are silent about the murder even though they discuss this conspiracy in the majlises and coffee shops. The press and the media in Somaliland are also divided on the case along tribal lines. The elders from the same clan are also divided. These have all compounded the problem and there will be no solution at the end of the tunnel. We will be always in negotiation if the Government will rise not up to it standard and responsibility and take the lead and attack the core of the problem and compel the parties in serious negotiation. It has to give a limited amount of time and if the elders do not succeed to convince the killers´ families to come forward and bring them to the Government, it has to take action and compel those families to abide by the law, if at all exists. If the families of the killers do not come forward and become clear and truthful, they are considered by law as accomplices and should be treated as such in the courts of law and in the courts of the public. The Government is in the wrong side of the law it has created and should be accountable of the consequences by bringing the murderers to justice, or it has to be considered an accomplice too. Those who are in a position to do something about the case and dragging their feet to solve the problem have to know that justice is waiting for them.
The not-so-organised Shabaab organisation
By Marie Sophie Joubert
The Shabaab - a militia that has dominated three-quarters of Somalia - are not the organised force many believe them to be. In fact, it is a mistake to believe they are a single fighting unit at all, a French expert told FRANCE 24.
The Shabaab militias, which have dominated headlines coming from Somalia in recent months, are a murky organisation. The ´youth´ – as they are called in Arabic - were created as the armed branch of the Islamic Courts Union (a group of Sharia courts who formed a rival administration to the transitional Federal Government of Somalia) in 2005. Although they seem to have no organised structure, they - and the Hizbul Islam militia - appear to control three-quarters of Somalia´s capital Mogadishu.
But "there is no such thing as the Shabaab", a French expert on Somalia told FRANCE 24, asking to remain anonymous because of the sensitive nature of his research, but rather several organisations within the main militia.
These disparate militias have various political and religious outlooks. But they share a similar ambition to impose Sharia law, although none of the groups can agree on how it should be applied.
The result is that the country - and especially the capital Mogadishu, which has been a war zone since 1991 - is not controlled by one organisation, but by a hotchpotch of small independent groups, all more or less radical, who sometimes collaborate with each other.
The fact that government soldiers are thought to occasionally help out militias in return for cash payments further blurs the lines.
The two French defence advisors abducted on July 14 were taken by government soldiers, and then sold to the militias, the head of Somalia´s information services, General Mohammed Sheikh Hassan, told FRANCE 24 earlier this week
"Somali President Sheikh Sharif Sheikh Ahmed doesn´t have a penny in his pocket," the anonymous French expert explains. "He can´t pay his men regularly so they go out and take money for themselves."
Jihadists among the Shabaab
The ranks of the Shabaab militias are increasingly filled with foreign fighters, including Pakistanis and Indians as well as Iranians.
In March 2009, Osama bin Laden, in an audio message posted on the Internet, made a call to arms to help "Somali champions" overthrow the country´s official president, Sheikh Sharif Ahmed, himself a moderate Islamist who had led the Islamic Courts Union, from which the Shabaab originate.
Shabaab militias are also suspected of being supported by neighbouring Eritrea. Funds and arms allegedly transit through the country, under the benevolent eyes of Eritrean authorities in Asmara.
It's not just Eritrea that the the Shabaab militias use. "Al Qaeda funds are getting through from the Cayman Islands where the terrorist organisation keeps much of its funds," the French expert told FRANCE 24.
20 killed, 50 injured in Mogadishu shelling
By IranPressTV
At least 20 people have been killed and 50 others wounded in the Somali capital, Mogadishu, due to heavy shelling by the African Union Mission in Somalia (AMISOM).
The AMISOM has reportedly shelled the region by its artillery on Friday to support its forces who had been surrounded by al-Shabaab forces in southern Mogadishu.
Several districts in southern Mogadishu were badly damaged as a result of AMISOM shelling.
Hundreds of people have been killed and thousands wounded over the past two months in Mogadishu.
The United Nations High Commissioner for Refugees (UNHCR) has announced that more than 223,000 of people of Mogadishu have been displaced.
The fighting between government forces and rebel groups has killed more than 18,000 people and displaced more than one million in the country.
The rebels already control most of southern and central Somalia after a two-year war with government forces.
The African Union Mission in Somalia, or AMISOM, has 3,750 peacekeepers in Somalia, 2,050 from Uganda and 1,700 from Burundi.
Somalia has been without an effective central government since 1991.
2 Somali soldiers died and 13 others were wounded on Saturday morning in Mogadishu at around 11:30am local time, after two Toyota pickups laden with Somali soldiers went into a head-on collition near the famous status of the famed Somali freedom fighter Sayid Mohammed Abdulle Hassan an eyewitness speaking to Somaliweyn radio reported. The spokesman of the Somali police Abdullahi Hassan Barise has also confirmed the accident.
Zim aid worker's abductors demand ransom
By Tendai Maringe
A Zimbabean aid worker who was kidnapped in the Kenyan border town of Mandera, two weeks ago is still held incommunicado and the kidnappers are demanding a ransom for his release.
Somali gunmen entered the city overnight, and raided the house the aid workers were staying and took three foreigners over the border into Somalia.
The three foreigners were working for a French NGO named Action against Hunger and were from Pakistan, Zimbabwe and the US. It is believed that the three were brought to Bakool region, south-west of Somalia.
Al Shabaab group which controls some parts of southern Somalia, which borders with Kenya, say they are investigating who was behind the kidnapping, and they deny any involvement.
The Zimbabwean aid worker is alive and well with his captors now demanding a hefty ransom for his release, family members indicated.
Suspected Al Shabaab militiamen kidnapped the Zimbabwean and his colleagues, although the group has so far denied responsibility.
The exact amount demanded has not been revealed for fear of triggering alarm and dejection among family members.
Somali FM Expects Suicide Attacks on Officials
By Khaled Mahmoud for Asharq Al-Awsat
High-ranking Somali official has told Asharq Al-Awsat that the Somali interim government expects the opponent Islamic rebels to seriously escalate the military situation in the days or weeks ahead. In the meantime, Ethiopian forces have advanced into central Somalia in what appears to be a preparation for an offensive they may mount in cooperation with pro-government groups against the Youth Movement, which is in control of most areas in southern and central Somalia.
This development came amid accusations by Kenyan President Mwai Kibaki that Somali rebels are smuggling heavy military equipment into Kenya across the Kenyan border. Kenyan Vice President Kalonzo Musyoka announced that a major campaign is being launched in the northeastern areas adjacent to the Somali border to deter what he described as "serious threats faced by his country from the activities of extremist Islamic groups in Somalia. The Kenyan authorities have reinforced their precautionary measures along the border with Somalia, although Sheikh Hassan Tahir Uways, leader of the Somali Opposition Alliance and head of the Islamic Party, has denied the official Kenyan accusations.
Somali Foreign Minister Abdullah Omar said that his government has taken strict preventive security measures in precaution against suicide attacks on the senior officials of the Somali troika (the president, the parliament speaker, and the prime minister) by the Islamic rebels, who are seeking to overthrow the government of Somali President Sheikh Sharif Sheikh Ahmad and to attack the African Union Mission in Somalia.
Foreign Minister Omar told Asharq Al-Awsat by telephone from New York, where he is taking part in the UNSC meetings debating the current situation in Somalia, that "the rebels are now aware that they are incapable of defeating the government or taking control of the capital, Mogadishu.
So they have changed their tactics, turning their attention to kidnapping foreigners. We expect the rebels to mount suicidal attacks in the near future." He added: "We expect them to try to assassinate senior officials of the interim government." He declined to give further details because of the sensitivity of the issue, as he put it. He added: "We know that this is now their new strategy. Their methods have changed. They have kidnapped two French security experts and three UN humanitarian organizations workers in Kenya. The next stage will see a wave of assassinations and suicidal attacks." Omar said: "We will take strict security measures and will be on alert. I will not give the details that the enemy might exploit, but we will take all the necessary security measures."
In reply to a question by Asharq Al-Awsat on whether these security measures will involve the tightening of the protection of President Sheikh Sharif Sheikh Ahmad and Prime Minister Omar Abdirashid Ali Sharmarke, Omar said: "We will take further security measures because the rebels will attack several targets in various areas. We hope to be able to prevent any terrorist attacks, and we expect to succeed."
Discussing the issue of the abduction of two French security experts by the Islamic Party and the Mujahidin Youth Movement from a Mogadishu hotel last week, Omar said: "The two French nationals are being held by the Islamic rebels, and we are waiting for their conditions for negotiations." He refused to deny or confirm that there is a possibility of a joint Somali-French operation to release the two French citizens by force. He said: "The rebels did not declare that the two French nationals are POWs; they must be immediately released for they have come to Somalia to support and assist our country."
Omar pointed out that the UNSC debate over the political and military situation in Somalia has demonstrated that the international community's support for Somalia will continue. He added: "We have received the international community's support, and the UNSC debate emphasizes this support." He noted that the Security Council will meet again on Wednesday to discuss the request by the AU and by the Intergovernmental Authority on Development for imposing sanctions on Eritrea because of its interference in Somalia's domestic affairs.
According to eyewitnesses, the Ethiopian military forces were again spotted in Balan in central Somalia. These forces have set up a military base in the province of Galgadud, which has been the scene of fierce fighting over the past two days between the Youth Movement's militiamen and the Sunnite group allied with the interim government. The fighting left at least 17 persons dead.
In another development, 13 Somali Army soldiers were injured as the armored truck carrying them overturned as a result of over speeding, according to the government security sources.
Ahmad Ould Abdullah, UN special envoy to Somalia, stressed that those who do not want to see stability or a strong central government in Somalia will not succeed in their efforts. In a letter to Somali expatriates living abroad, he said that those who do not want to see a strong government in Somalia will continue fighting to achieve their personal goals. He said that the peace process in Djibouti remains the only path toward achieving national reconciliation and restoring security to the country. He said that the current interim government will continue to shoulder its responsibilities until the end of 2011. He called on all opposition groups to give up violence and to engage in serious negotiations in preparation for holding presidential and legislative elections after the end of the current government's legal term in office.
Somali journos debate role
Senior Somali journalists have been meeting in Nairobi for a two day conference co-hosted by National Union of Somali Journalists (NUSOJ) and International Federation of Journalists (IFJ), writes Dennis Itumbi for journalism.co.za.
The conference is a first for the media in the war-torn country. It brings together some 50 senior Somali media executives, reporters and editors from south-central and Puntland, and is held under the banner theme "Professional journalism: responsibility in a situation of violence and insecurity".
Somali government ministers, members of Somali parliament, the IFJ General Secretary and the International Trade Union Confederation are attending the conference.
Kenya's Vice President Kalonzo Musyoka challenged the Somali Media to look for "commons that unite the country - more than the divisions - so as to be part of reconciliation".
"However, do not be cowed from exposing what is wrong, but please also suggest a way out. Remember it is your country too, I know there are lines that must be drawn in the practice of journalism but there must be bridges too for patriotic media," Kalonzo said.
Omar Faruk Osman, the Secretary General of NUSOJ, challenged journalists to rise above partisan affiliations and focus on improving the role of the media in ending the war and rebuilding Somalia.
"For how long must we remain unethical, for how long must we use the sacred tools of journalism to advance war? We must seek our place as a fourth estate and debate openly to ensure that we get Somalia back on its feet, long before we call for international assistance, let´s gain the courage to say it as it is, our politicians must provide us with security, the militia groups must protect us and we must play our part as midwives of peace."
N.B.: Like the Kenyan Oscar Foundation lost their leaders Oscar Kamau Kingara and John Paul Ouluwas, who accused the government of extrajudicial killings and were shot dead hours after the government spokesman accused the group of aiding an outlawed sect, many outspoken activists have been killed in Somalia. And like Russian human rights group Memorial has suspended operations in Chechnya following the murder of one of its most prominent activists, Natalya Estemirova, many human-rights groups in Somalia have shut down because they cannot risk the lives of other members - and turely independent journalist groups face the same fate.]
Impacting reports from the global village
France: EU backs need to train Somali security forces (CP)
French Foreign Minister Bernard Kouchner says EU nations have agreed "in principle" to train Somali security forces to fight piracy and terrorism.
Kouchner says Kenya and Arab League nations also are interested in doing that.
France in April urged EU countries to join French troops in training Somali soldiers and police. Paris already is offering to use its troops stationed in Djibouti to train Somali forces.
The EU's foreign policy chief, Javier Solana, says EU expert s will go to the region soon to assess how the EU mission will be run and how many trainers will be needed.
EU foreign ministers, meeting Monday, said they were ready "to step up" the EU's efforts to stabilize Somalia. The bloc already has sent navy ships to fight piracy off Somalia.
Murky global arms trail leads to volatile South Sudan
By Jane's Intelligence
SUDAN: Tanks traced via satellite imagery to region stockpiling weapons in case civil war reignites From Fred Bridgland in Johannesburg
THE MYSTERY of what happened to 33 Russian-made T-72 combat tanks discovered by Somali pirates aboard a Ukrainian ship they hijacked ten months ago has been solved.
The tanks, with enormous fire-power and each weighing 41 tonnes, have begun arriving - in breach of a peace agreement - in the semi-autonomous province of South Sudan, according to Jane's, the world's leading military intelligence publisher.
The T-72s aboard the MV Faina were one of three [actually five] clandestine tank and heavy weapons deliveries to South Sudan accidentally revealed to the world by the pirates. The tanks were being sent to South Sudan in preparation for a new war in case Sudan's 2005
Comprehensive Peace Agreement (CPA) - brokered by Norway, Britain and the US - collapsed.
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Fortunately, the 110-year-old Permanent Court of Arbitration in The Hague last week reached a decision on the disputed Abyei region which has probably saved the CPA and has paved the way to a referendum on South Sudan's secession and independence from Sudan in 18 months' time.
South Sudan is certain to vote for independence from Sudan, Africa's biggest state, setting a precedent in Africa, whose organisations have previously maintained that the continent's post-colonial boundaries are inviolate.
The oil-rich and well-watered Abyei region straddles the border between South Sudan and the powerful north, with its capital in Khartoum, and was claimed by both sides. North-South fighting there last year left more than 100 dead and the main town, Abyei, reduced to ashes. It also threatened to trigger again the country's 22-year civil war which was ended by the CPA. It is estimated more than two million people died in the conflict, with four million becoming refugees.
The five-judge Permanent Court of Arbitration redrew Abyei's borders and the compromise has been accepted by both the Sudan government in Khartoum and the semi-autonomous South Sudan administration in Juba.
In a story worthy of John Le Carré, Jane's, citing satellite and intelligence evidence, traced the circuitous journey of the tanks and other weapons aboard the MV Faina from 25 September last year, the day Somali buccaneers hoisted themselves aboard the ship and the 17-member crew surrendered. The Faina's captain, Vladimir Kolobkov, died of a heart attack soon after the hijack and his captors put his body in the ship's freezer for later return to his family.
Once aboard, the pirates discovered that, in addition to the T-72s, there were also six anti-aircraft guns, 150 grenade launchers and thousands of tonnes of small arms and ammunition.
The pirates demanded a ransom of US$20 million for the release of the Faina, its crew and cargo, triggering more than three months of negotiations. Finally, with the Faina surrounded by the United States' 5th Fleet and the pirates threatening to blow up the ship unless their demands were met, they settled for $3.2m, paid in dollar bills which were parachuted on to the Faina's deck from a light aircraft.
The question was: where would the Faina head next? Its original destination was the Kenyan port of Mombasa. The Kenyan government claimed the Russian tanks were intended for its army, even though its small armed forces were entirely equipped with British and American weaponry.
However, Edward Mwangura, head of the Mombasa-based non-profit East African Seafarers' Assistance Programme, which works to free ships held by Somali sea raiders, said he was convinced the tanks were intended for South Sudan. Among his evidence, he said, was the Kenyan government's inability to produce certificates proving ownership of the weaponry.
Mwangura was arrested by Kenyan security forces and charged with "making alarming statements to foreign media touching on the security of the country".
But Jane's last week confirmed the accuracy of Mwangura's allegation. The popular Seafarers' Assistance chairman, subsequently released from detention, is to be the subject of a Hollywood film with Oscar-nominated actor Samuel L Jackson as Mwangura.
Jane's said that once the ransom had been paid the tanks were unloaded in Mombasa and taken to Kahawa army base outside Nairobi.
It said satellite imagery surveillance from March onwards showed "a pattern of tanks making their way north" from Nairobi to the South Sudan border.
Again via satellite imagery, Jane's identified the final destination of the tanks as a compound northeast of Juba controlled by the military wing of the South Sudan Army.
Quoting intelligence reports, Jane's said there had been at least three ship deliveries of tanks, totalling more than T-72s, via Mombasa for South Sudan, the first of which had been in November 2007.
The defence publisher concluded: "South Sudan is assembling an armour fleet, preparing for any eventuality in its enduring dispute with Khartoum."
While other mysteries surrounding the incident remain, it has been established that the owner of the Faina - which has had at least three previous names and is registered in Belize - is a Ukraine-based Israeli named Vadim Alperin.
He has links to Mossad, Israel's national intelligence agency, and Mossad front companies in Kenya.
A photograph newly published on a US intelligence website shows Alperin meeting the Faina on arrival in Mombasa in February with the chief of Ukraine's foreign intelligence service, Mykola Malomuzh, by his side. http://www.intelligenceagency.net/photo/631914/?k=j83s12y12h94s27k02
Sat-Images: http://www.janes.com/news/defence/jdw/jdw090707_1_n.shtml
For French-speaking readers - see also: http://www.agoravox.fr/actualites/international/article/cargos-de-nuit-vague-10-55088 ]
Ukraine Blindly Involved in Another Major African Oil Fight
By Sergey Balmasov for Pravda.Ru
Ukraine can find itself involved in another arms shipment scandal.
This time it goes about Southern Sudan. Several Ukrainian and African media outlets reported that Ukrainian T-72 tanks had been spotted in the war-torn country. It is worthy of note that the UN introduced an embargo against the separatist state.
There is no direct evidence to prove illegal arms trafficking from Ukraine to Southern Sudan, but the news does not seem to be surprising at all. Ukraine was involved in illegal arms deals with Tamil Tigers, not to mention its affairs with Georgia. A cargo of Ukrainian military hardware was arrested in Nigeria at the end of June.
Why does Kiev have such strange partners in the arms business? Vladimir Skachko, a Ukrainian scientist of politics, said in an interview with Pravda.Ru that Ukraine had no special strategic interests in Sudan.
"We don´t need Sudanese slaves that Egyptians and Arabs used to hunt for in ancient times, nor do we need the Sudanese oil, which someone in the West is eager to obtain," the specialist said.
The talks about the arms deals between Ukraine and Southern Sudan appeared in 2008, when Somali pirates seized the Faina vessel with a cargo of Ukrainian-made military hardware on board in September. The ship was traveling to Kenya, but it was clear that Kenya was a transit state to bring the arms to Southern Sudan.
Why would Ukraine sell its arms to separatists? First and foremost, no one else would buy the nation´s outdated, albeit modernized, hardware of the Soviet times. For example, Ukraine still has about 50,000 Soviet armored vehicles. Secondly, separatists pay cash for what they buy with no taxes and no additional attention.
"Why do you think so many arms depots either burn or explode across Ukraine during the recent three years? It´s because no one can account for what has been destroyed by the fire. It is an open secret that the fire is the primary weapon of a thief. However, what is done by night appears by day. The news about Ukrainian arms appearing in various countries will continue to emerge. The Ukrainian arms may appear in most exotic and remote locations," Vladimir Skachko said.
As soon as the Somali pirates received their ransom for the Faina, the scandal was pushed into the background and eventually forgotten. Most likely, the Faina was not the only Ukrainian vessel which delivered arms to the rebels in Southern Sudan.
It is worthy of note that Darfur is not the only problem, which Sudan – the largest African state – has to deal with at the moment. The problems began in the southern region of the country, although they were similar to those in Darfur. The local Christian tribes were waging war against the dominant influence of Islam. The ethnic war continued in Southern Sudan since 1955. The combat action was finally stopped in 2005. It was agreed that the population of Southern Sudan would go to the polls to decide whether they wanted to live together with Arabs or separately from them.
Huge oil deposits have been discovered both in the west and the east of the country. Specialists say that the Sudanese oil reserves may eventually outshine the fabulous oil riches of Saudi Arabia. A number of Western countries, as well as China, have already set sights on Sudan at this point.
The truce, which was signed in 2005, said that the parties would go fifty-fifty in sharing the oil sales income. What is going to happen if Southern Sudan becomes an independent state?
To all appearance, the war in Sudan will resume - the preparations are underway. Ukraine will be good for illegal arms trafficking – no one is going to reproach the West for its efforts to arm the Sudanese rebels and trigger another oil fight.
Kenya Allegedly Funneling Arms to Volatile South Sudan
By David Axe (*)
The ceremony last Feb. 12 at the commercial seaport in Mombasa, Kenya, was a surprising one. When the Ukrainian-owned merchant ship Faina sailed into port, five months after its capture by Somali pirates and a week after its release, the Kenyan government rolled out the red carpet.
Civilian officials and military officers lined the pier, and armed guards patrolled, as Faina's weary seafarers debarked. There were speeches and reluctant testimonies by Faina's senior crew before the strange gathering came to a halting end. Hundreds of vessels had been seized by Somali pirates over the previous decade, and their releases had rarely prompted an official celebration such as this.
The ceremony might have been inspired by the intensive media coverage that had surrounded the Faina's capture and the subsequent stand-off, pitting U.S. Navy warships against the merchant ship's ragtag captors. Faina's captain died of natural causes in the early days of the crisis. Ultimately, the vessel's owners paid a $3.2 million ransom, which itself is not unusual. Faina had stood out, among captured vessels, owing to her cargo: 33 Soviet-designed T-72 main battle tanks, plus other arms and ammunition -- all of murky provenance and ownership. To cynical observers, the June ceremony was seen as an opportunity for Nairobi to voice its official position regarding the weapons' origins and destination.
The pirates, reached by radio, had said the vessel's manifest showed the tanks were bound for the breakaway region of South Sudan, via Mombasa -- this according to U.S. Navy spokesman Lt. Nate Christensen. The allegation, if true, would finger the Kenyan government in a sanctions-skirting arms race that some worry could result in another round of bloody civil warfare in Sudan. The country is already entangled in bitter fighting in its Darfur province, and in civil conflicts in neighboring Chad and Central African Republic. Kenyan military support for South Sudan, if confirmed, would also put Nairobi at odds with the U.S., one of its closest allies.
Nairobi waged a clumsy campaign to first cover up, then deny, its alleged South Sudan connection. In October, Kenyan authorities briefly arrested Andrew Mwangura, a prominent Mombasa seafarers' advocate who had corroborated the U.S. Navy's claim regarding the weapons' destination. Faina's welcoming party was the capstone event in this apparent disinformation strategy.
"We are very happy that our military equipment, purchased by the government from the Ukrainian government, has arrived safely -- and we cannot wait to take possession," spokesman Alfred Mutua said. In the following days, the tanks rolled from Faina's holds and apparently headed to Kahawa Barracks, outside Nairobi. Commercial satellite imagery confirmed the presence of 33 tanks at Kahawa in March, according to Jane's Defence Weekly, a British trade publication.
But subsequent investigation by Jane's appeared to show the tanks migrating elsewhere. The magazine's probe, combining satellite imagery with other photographic evidence and eyewitness reports, showed "a pattern of tanks making their way north" to neighboring South Sudan. The semi-autonomous, predominantly Christian region has in the past waged a bloody separatist campaign against Khartoum and the North's majority Muslim population.
The Faina shipment apparently represented the third and final installment of a large batch of heavy weaponry for South Sudan, sourced from Ukraine and brokered by Nairobi. In November, the German magazine Der Spiegel claimed it had records proving an earlier shipment of 42 tanks that had largely escaped international scrutiny. Khartoum has more than equaled South Sudan's apparent arms program, with large-scale purchases of fighter jets, helicopters and other weapons, sourced mostly from Russia and China.
The mutual re-armament, in violation of a U.N. arms embargo, bodes poorly for reconciliation efforts aimed at forestalling a continuation of the 20-year, North-South civil war. The fighting ended in 2005, and in 2007 former Kenyan President Daniel Moi traveled to Sudan to smooth out the implementation of a formal peace deal. According to the so-called "Comprehensive Peace Agreement," in 2011, South Sudan will vote whether to remain a part of Sudan, or formally secede.
But "the implementation of the CPA has been hampered by the lack of good faith and the absence of political will," according to the Brussels-based International Crisis Group. Ongoing tension might tilt the referendum toward sovereignty, resulting in a fresh round of fighting -- a contingency both the North and South seem to be preparing for, and one to which Kenya seems resigned. Since the CPA's implementation, Kenya has aligned itself closely with South Sudan. Kenya gets discounts on South Sudanese oil. In return, Kenyan banks have financed massive construction projects in South Sudan. Nairobi's apparent military assistance to South Sudan underscores Kenya's investment in the region's eventual, full independence.
The U.S. military's "outing" of the Kenya-South Sudan relationship reflects Washington's delicate stance on regional security. Washington works closely with the Kenyan government to prevent pirate attacks and prosecute captured pirates. But the U.S. seems willing to somewhat jeopardize that relationship in order to prevent arms flowing to South Sudan.
Still, the U.S. State Department is arguably South Sudan's second-most-important supporter. Last year, the State Department awarded a contract to Virginia-based consultancy USIS, to help train up the South Sudanese army -- a deal that does not include arms transfers. The goal, an unnamed State Department source told Wired magazine's Danger Room blog , is to take the South's army "out of the bush, basically, within the construct of the CPA -- as a force that can come together in a unity government. Or if in 2011, the South secedes, that force could become the element of a South Sudan that's sovereign."
Despite the clear risk of massive bloodshed, sovereignty for South Sudan is a prospect both Kenya and the U.S. seem to be preparing for. The difference is in the tactics used. Washington's support for South Sudan is subtle and non-material. Nairobi's alleged support, by contrast, is the stuff of pirate tales and techno-thrillers -- and apparently too obvious to escape major scrutiny.
(*) David Axe is an independent correspondent, a World Politics Review contributing editor, and the author of "War Bots." He blogs at War is Boring.
Kibaki: Somali opposition sends arms to Kenya
Kenyan President Mwai Kibaki has accused Somalia's opposition groups of sending heavy weapons to his country via land borders.
According to a statement from presidential office, President Kibaki warned that Somali opposition groups are very close to Kenya's border, a IranPress TV correspondent reported.
Everyday cargos of heavy weapons of Somalia's main opposition groups enter Kenya, the statement indicated.
However, Sheikh Hassan Dahir Aweys who is the leader of Hizbul Islam rejected the Kenyan president's claims.
He said that the opposition groups are not ready to send heavy weapons to Kenya.
There are more dangerous enemies than Kenya inside the Somali cities and they are forces of the African Union Mission in Somalia (AMISOM).
A Thin, Dust Line
By Jeffrey Gettleman, New York Times
The radical Islamist Al-Shabab militia, based in Somalia, comes and goes pretty much as it pleases along the Somalia-Kenya border. Recent intrusions into Kenya worry Western officials.
HULUGO, KENYA - A thin, dusty line is about the only thing separating Kenya, one of the West's closest allies in Africa, from Al-Shabab, a radical Islamist militia that has taken over much of southern Somalia, beheading detractors, stoning adulterers and threatening to kill any Americans or Europeans who get in the way.
In most places, this line, the official international border, is not even marked, let alone protected. In the village of Hulugo, there is simply a tattered Kenyan flag and a cinderblock schoolhouse with chicken-wire windows. Then a meadow of thorn trees and donkey dung. Then Al-Shabab country.
Kenya is widely seen as a frontline state against the Islamist extremism smoldering across the Horn of Africa. Few expect Al-Shabab to make good on its threats to march en masse across the border. But the creeping fear, the one that keeps the security staffs at Western embassies awake at night, is that Al-Shabab or its foreign jihadist allies will infiltrate Kenya and attack some of the tens of thousands of Westerners living in the country, possibly in a major strike like Al-Qaida did in 1998.
Last month, Western counterterrorism experts in Kenya sent out text messages warning expatriates to stay away from malls in Nairobi, Kenya's usually laid-back capital, because of possible suicide attacks by Al-Shabab. A few weeks later, the group threatened to destroy Nairobi's "tall, glass buildings."
Al-Shabab has already penetrated refugee camps inside Kenya, according to camp elders, luring away dozens of young men with promises of paradise -- and $300 each. It has carried out cross-border attacks, kidnapping an outspoken cleric in May from a refugee camp 50 miles inside Kenya. Earlier this month, in one of its boldest cross-border moves yet, a squad of uniformed, heavily armed Al-Shabab fighters stormed into a Kenyan school in a remote town, rounding up all the children and telling them to quit their classes and join the jihad.
Kenya VP launches peace, security campaign in N. Eastern
Vice President Kalonzo Musyoka has launched a massive peace and security awareness campaign covering North Eastern Province in response to the on-going conflicts in Somalia.
The Campaign which kicked off during a leaders meeting at the Garissa Government Guest House in Garissa will cover all districts in the province and is conducted by religious leaders, Members Parliament, civic leaders and women leaders among other groups.
The Vice President reiterated that Kenya will not send troops to Somalia but will ensure that her borders are guarded against aggression from the war torn Somalia.
Mr. Musyoka opened a peace and security conference involving Members of Parliament, Sheikhs, civic and women and youth leaders among other grassroots leaders.
In attendance were Defense Minister, Yusuf Haji, Internal Security Minister, George Saitoti, Development of Northern Kenya Minister, Mohamed Elmi, several Assistant Ministers, and Members of parliament from North Eastern Province among other grassroots leaders.
During the meeting, the leaders concluded that what was happening in Somalia was not a religious matter but foreign ideologies being imposed on Somalis which they said should not be brought to Kenya.
Somali crisis
The Vice President underscored the importance of peace and security in national development and called on the youth from the region to engage in constructive engagements through ´ Kazi Kwa Vijana' initiative and to resist any attempts to involve themselves in the Somali crisis.
Mr. Musyoka who earlier addressed a mammoth crowed at the Garissa Primary School grounds today during a funds drive in aid of Maendeleo ya wanawake projects in the region called on wananchi to uphold peace and security in order to realize faster development.
On the new constitution, the VP assured muslim community that the issue of Khadi's courts would be considered since the matter was not contentious.
The minister for internal security, Prof. George Saitoti and his Defence counterpart Yusuf Haji appealed to local leaders to ensure that area youth are not lured into the raging conflict in neighboring Somalia.
Prof. Saitoti assured that the government will continue to ensure security of its citizens but will not interfere with internal affairs of Somalia.
"We will not interfere with internal affairs of Somali and we will not allow them to interfere with our affairs", he added.
Saitoti lauded the move by leaders in the province to have in place mechanisms to guard against spillage of insecurity from the war torn Somalia.
Yussuf Haji, cautioned the youth against being cheated into joining the conflict in Somalia and assured that Kenya was capable of defending its territorial integrity against any cross border insurgence.
The two said, through the Kazi Kwa Vijana initiative the government will ensure area youth are occupied to avoid idleness that could lead them to being lured into the conflict.
Prof.Saitoti said Kenya will not interfere with Somalia's internal war, but will zealously protect her borders to curtail any spill-over of the problem into Kenya.
Mr. Haji said the government will continue to give Somalia the necessary support.
Latest update: Today in the morning Mrs. Suaad Hagi Mohamud was at the Canadian High Commission in Nairobi/Kenya subjected to a DNA test by a swap from her mouth. Her Kenyan lawyer was present. Thereafter she returned - accompanied by our guardian - to the substandard small guesthouse in a convoluted and dangerous subburb, where she has been staying after her release from jail - though the owner already threatened that she would have to vacate the room, if she doesn't pay. So far the Canadian High Commission has refused to meet any of the costs she encurred during the ordeal of her forced stay in Kenya. "Innocent until proven guilty" as basic guideline of justice seems not to exist in Canada any longer - especially not for Canadian ministers.
Woman's DNA test delayed
By Nick Wadhams & Raveena Aulakh
Suaad Hagi Mohamud says her ordeal has been a "nightmare."
Canadian foreign affairs minister says there is 'no proof' that the person stranded in Kenya is Canadian
Suaad Hagi Mohamud will take the first step to proving who she is on Monday when she gives her DNA sample in Nairobi.
That's two days later than what was initially agreed to by the federal government, but Raoul Boulakia, her Toronto lawyer, says he is willing to wait until then before approaching the court again.
"I'm concerned we're adding two more days to her separation from her son," Boulakia said yesterday. "It's not fair to her."
But yesterday, in Ottawa, Foreign Affairs Minister Lawrence Cannon – until now silent on the matter – suggested Mohamud has no one but herself to blame.
"The individual has to be straightforward, has to let us know whether or not she is a Canadian citizen," Cannon said. "She's saying so, but there is no tangible proof to the effect. All Canadians who hold passports generally have a picture that is identical in their passport to what they claim to be."
Mohamud has been marooned in Nairobi for more than two months. The 31-year-old was on her way back to Toronto when she was detained at Nairobi's Jomo Kenyatta International Airport on May 17 for not looking like her four-year-old passport photo.
The Canadian High Commission in Kenya later said she was an imposter and cancelled her passport.
The federal government, which agreed to a DNA test Wednesday, promised her lawyer it would be done by today. But the Somali-born Mohamud was told yesterday her DNA sample will be taken Monday, said her lawyer.
"There was no explanation for the delay," said Boulakia.
A spokesperson for the Canada Border Services Agency declined to comment yesterday on the delay.
Mohamud's lawyer in Nairobi, Lucas Naikuni, will be present when the DNA sample is taken.
Meanwhile, a Kenyan court agreed to postpone criminal proceedings against her at Canada's request yesterday.
She's charged with "unlawfully being" in Kenya, and for attempting to use another person's passport under the Kenyan immigration law. If found guilty, she could be imprisoned or deported back to her native Somalia, a country that has been embroiled in chaos for more than 15 years.
Yesterday's hearing at the Nairobi court lasted only a few minutes.
Mohamud, wearing an orange floral patterned head scarf, stood as the judge quickly agreed to put off the next hearing until Oct. 16.
Two Canadian consular officials who attended yesterday's hearing refused to speak to the Star, give their names or even shake hands.
The Toronto woman said the adjournment came as a big relief. "I couldn't have handled being in jail again," said Mohamud, who spent eight days in a Nairobi jail.
"I feel in pain, to be honest, I feel really sick," Mohamud told the Star in the packed Nairobi courtroom. "My country let me down – that's what really makes me mad."
Mohamud, an overnight supervisor with ATS courier in Etobicoke, said she just wants to be with her 12-year-old son. "I have done nothing illegal. I'd do anything to be with my son."
She said she's taking one step at a time in getting through the "nightmare," staying in a rundown hotel and afraid to go outside.
When she does go out, an employee of Ecoterra International, a German-founded human rights organization with an office in Nairobi, accompanies her everywhere, including when she goes to the Canadian High Commission.
In an email to the Star, Ecoterra's Aina Seering said: "(She is) heavily traumatized and (the employee) even has to watch her that she doesn't run into cars while crossing the streets. She only thinks permanently on her son and the injustice her new homeland does to her."
Toronto woman marooned in Kenya granted time for DNA test to prove identity
By Diana Mehta for CP
A Toronto woman stranded in Kenya because her lips did not match her passport photo has been given time to prove her identity with DNA tests after a Nairobi court postponed her trail Friday.
Somali-born Suaad Hagi Mohamud has been stuck in the Kenyan capital for more than two months waiting for Canada to acknowledge her citizenship so she can return to her son in Toronto.
"They will find out exactly who I am," she said. "I don't know why I deserve this."
Speaking from her hotel room in Nairobi, Mohamud said she felt some relief Canada had asked the courts to give her more time.
Canadian officials from the High Commission in Kenya have told Mohamud her DNA will be tested Monday. They volunteered no other information on the government's stance on her case. And were unavailable for comment on Friday.
Mohamud's DNA sample will take three days to arrive in Canada where it will be compared to DNA taken from her ex-husband and her son in Toronto.
The government is footing the $800 bill for the process which should be completed within 10 days.
Thirty-one-year-old Mohamud spent a month visiting her mother in Kenya and was on her way back to Canada when an officer stopped her at Nairobi airport May 21 saying she did not look like her four-year-old passport photo.
In contention, was the size of her lips.
After spending eight days in jail she was released on bail with no travel documents.
Canadian consular officials said she is an "impostor," voided her passport and sent it to Kenyan authorities for prosecution.
Her Canadian lawyer Raoul Boulakia said he was relieved the trial is postponed until October and hopes his client will be home before then.
Mohamud is charged with using another person's passport and being in Kenya illegally. If found guilty, she could be imprisoned or deported to her lawless native Somalia.
Although Canada asked for a delay in the criminal proceedings, Boulakia said the government's position that Mohamud is not who she says she is remains unchanged.
"I assume they're not intending to admit anything until they get the DNA result," he said.
Boulakia said he assumed the Kenyan court would be willing to dismiss Mohamud's charges if Canada withdraws its imposter accusations.
The entire situation is troubling, said Boulakia.
"I hope it's uncommon that a Canadian embassy would specifically argue against a person who is a Canadian citizen and deny her citizenship," he said.
A Kenyan investigation report said Mohamud's face had similar features to the photo in her passport but upon closer examination, the lips in the picture differed from those of the passenger.
"I was astonished that it was such a thin pretext," said Boulakia. "It seems like the Kenyan investigator was really stretching to give it some credence."
Mohamud has been staying in a cheap hotel in a low-income area of the city where crime rates are high and police roam the streets looking for thugs to nab.
Mohamud said she can't afford better accommodation and spends most of her time indoors because she worries about her safety.
Without Internet access, Mohamud said she finds it hard to keep in touch with her Canadian lawyer and her family.
Her 12-year-old son has been living with a good friend, but often asks when his mother will return.
For Mohamud, being away from her son has been the hardest part of her detention in Kenya.
"The only thing I want just now is just to be with my boy," she said in a shaky voice.
The Canadian Border Services Agency refused to discuss any developments in Mohamud's case.
"All can tell you is this case is before the courts we cannot comment," said spokeswoman Patrizia Giolti.
Swedish EU Presidency - Cecilia Malmström and Carl Bildt to Brussels for EU Council meeting
The first meeting of the General Affairs and External Relations Council (GAERC) under the Swedish Presidency will be held on Monday 27 July. Minister for EU Affairs Cecilia Malmström and Minister for Foreign Affairs Carl Bildt will chair the Council meeting.
In the General Affairs Council, Minister for EU Affairs Cecilia Malmström will present the priorities of the Swedish Presidency. The presentation will be webcast on the Presidency website. The General Affairs Council will also discuss enlargement in light of Iceland's application for EU membership and be given a presentation of the Commission´s proposal for a Baltic Sea Strategy.
In the External Relations Council, the foreign ministers will discuss an extension of the European Union Monitoring Mission (EUMM) in Georgia. The ministers will also discuss and adopt conclusions on the situation in Somalia, and discuss Iran in light of the Presidential elections.
UN - More Than 40 Delegates Express Strong Scepticism, Full Support as General Assembly Continues Debate on Responsibility to Protect
The General Assembly debate on protecting civilians from the most serious atrocities continued today as delegates wrestled with the extent to which States should step in to stop -– and ultimately prevent -- genocide, war crimes, crimes against humanity and ethnic cleansing.
More than 40 speakers took the floor to discuss the responsibility to protect (R2P), a concept endorsed at the 2005 World Summit and aimed at providing a legal and moral basis for assisting civilians in the event of State failure to do so in the specific context of those four crimes. Views on the R2P concept ranged from strong scepticism to full support.
For Pakistan´s representative, decisions were needed on how to address the "trust deficit" left in the wake of historical injustice, including foreign occupation. Consistency of language and expression could further the R2P concept, which should also examine the threshold for triggering R2P action. Overall, he said, civilian protection rested first with the State, and R2P should not become a basis for contravening the principles of non-interference and non-intervention. The intentional community´s responsibility within R2P was to "provide appropriate, diplomatic humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter".
Cuba´s delegate said her country was concerned about ambiguous terms that could, under an indiscriminate humanitarian blanket, violate international law and the United Nations Charter. She recalled in particular the "right of humanitarian intervention", stressing that State sovereignty could not be disregarded even on a humanitarian basis. Claiming that the principle of sovereignty had prevented the United Nations from coming to the aid of those who were suffering was to distort the truth. Instead, double standards, a lack of development aid and various dysfunctions in bodies like the Security Council were to blame.
Japan´s representative stressed that R2P was evolving, pointing out the clear distinction between human security and R2P. The purpose of human security, as agreed in paragraph 143 of the 2005 World Summit Outcome, was to enable people to develop their human potential, and the use of force was therefore not envisaged. On the other hand, R2P, as agreed in paragraphs 138 to 140, was to protect populations from the four most serious human rights violations. The concept had to be better understood, strongly supported and properly implemented, he said, adding that nations should proceed prudently, respecting the fact that the United Nations consisted of sovereign States.
Similarly, the representative of Switzerland said R2P was an ally of sovereignty, and must therefore be considered in the strict framework of paragraphs 138 and 139 and on the basis of the "narrow but deep" approach proposed by the Secretary-General, which was distinct from so-called "humanitarian" interventions. However, States had obligations under international law, regardless of the emergence of a situation in which R2P might come into play, he stressed, adding that a clear distinction must be made between R2P and civilian protection. To do that, it was essential to define the specific features of each concept and the area in which it could be applied.
Ireland´s delegate said the R2P debate could not be reduced to a myopic argument about military force, and attention should instead focus on the many "pillars" addressing atrocities, including early-warning systems, incorporating international treaties into national legislation and building up conflict prevention and resolution capacities. In practice, that could be achieved, perhaps most appropriately, by building up regional organizations, he said, welcoming the focus of the Secretary-General´s report on responsible sovereignty, which eschewed false dichotomies between the interest of the State and that of its population, and between the State and the international community.
In line with that notion, Nigeria´s delegate said emphasis should be placed on prevention rather than intervention. She welcomed the Secretary-General´s focus on the need for international assistance in capacity-building, calling on the United Nations to support implementation of the African Union Framework for Post-Conflict Reconstruction and Development, which aimed to prevent post-conflict countries from relapsing, in complement to the work of the Peacebuilding Commission.
Also speaking today were the representatives of Austria, Algeria, Singapore, Ecuador, Chile, Morocco, Colombia, Israel, South Africa, Uruguay, Ghana, Czech Republic, China, Mali, Canada, Viet Nam, Guinea-Bissau, Venezuela, Norway, Germany, Bolivia, Romania, Slovenia, Monaco, Qatar, Solomon Islands, Croatia, Jordan, Luxembourg, Mexico, Rwanda, Turkey, Cuba, Hungary, India, Andorra and San Marino.
The General Assembly will reconvene at 10 a.m. on Tuesday, 28 July, to continue its debate on the responsibility to protect.
India´s first indigenous nuclear submarine launched
Marking a quantum leap in India´s shipbuilding capabilities, Prime Minister Manmohan Singh launched Sundaythe country´s first localy designed and built nuclear-powered attack submarine in Visakhapatnam, an official said. July 26 is annually commemorated as Kargil Victory Day to mark the Indian Army´s success against Pakistani intruders who had occupied the area in Jammu and Kashmir in 1999.
The submarine will be commissioned in the Indian Navy as INS Arihant, which translates as "destroyer of enemies", after extensive outfitting and sea trial. It is the first of three such vessels to be built in the country. Hitherto, submarines have been built here under licence from their foreign designers.
Earlier this year, Antony had lifted the cloak from India´s secret submarine project, saying: "Things (the project) are in the final stage. Some years back, there were some bottlenecks in terms of supply of parts. It is over now. We will announce it (the vessel´s launch) whenever it is ready."
The construction of the advanced technology vessel (ATV), as the project is designated, is in line with India´s nuclear doctrine enunciated in 1999 that calls for its nuclear forces to be effective, enduring, diverse, flexible, and responsive to the requirements in accordance with the concept of credible minimum deterrence. The doctrine calls for high survivability against surprise attacks and for rapid punitive response.
A nuclear submarine, which can remain submerged for prolonged periods of time and is virtually undetectable underwater, therefore, meets all these criteria and offers an invaluable launch platform for nuclear weapons, the doctrine says.
It is the world´s most powerful deterrent force — a stealthy undersea platform with enormous nuclear firepower. For a country like India with a no-first use policy, it is vital because it prevents a potential adversary from launching a crippling first-strike to knock out all nuclear weapons, the doctrine says.
The Indian Navy will also get a Russian-built Akula class nuclear submarine, to be commissioned as INS Chakra, by the year-end. Currently undergoing sea-trials, the delivery date for the Russian submarine was pushed back following an accident on board. The navy will use the submarine to train its crew in handling nuclear-powered vessels.
There is no limit to what a person can do or how far one can go to help - if one doesn't mind who gets the credit !
ECOTERRA Intl. maintains a register for persons missing or abducted in the Somali seas (Foreign seafarers as well as Somalis). Inquiries by family member can be sent by e-mail to office[at]ecoterra-international.org
For families of presently captive seafarers - in order to advise and console their worries - ECOTERRA Intl. can establish contacts with professional seafarers, who had been abducted in Somalia, and their wives as well as of a Captain of a sea-jacked and released ship, who agreed to be addressed "with questions, and we will answer truthfully".
ECOTERRA - ALERTS and pending issues:
PIRATE ATTACK GULF OF ADEN: Advice on Who to Contact and What to Do http://www.noonsite.com/Members/sue/R2008-09-08-2
NATURAL RESOURCES & ARMED FISH POACHERS: Foreign navies entering the 200nm EEZ of Somalia and foreign helicopters and troops must respect the fact that especially all wildlife is protected by Somali national as well as by international laws and that the protection of the marine resources of Somalia from illegally fishing foreign vessels should be an integral part of the anti-piracy operations. Likewise the navies must adhere to international standards and not pollute the coastal waters with oil, ballast water or waste from their own ships but help Somalia to fight against any dumping of any waste (incl. diluted, toxic or nuclear waste). So far and though the AU as well as the UN has called since long on other nations to respect the 200 nm EEZ, only now the two countries (Spain and France) to which the most notorious vessels and fleets are linked have come up with a declaration that they will respect the 200 nm EEZ of Somalia but so far not any of the navies operating in the area pledged to stand against illegal fishing. So far not a single illegal fishing vessel has been detained by the naval forces, though they had been even informed about several actual cases, where an intervention would have been possible. Illegally operating Tuna fishing vessels (many from South Korea, some from Greece and China) carry now armed personnel and force their way into the Somali fishing grounds - uncontrolled or even protected by the naval forces mandated to guard the Somali waters against any criminal activity, which included arms carried by foreign fishing vessels in Somali waters.
LLWs / NLWs: According to recently leaked information the anti-piracy operations in the Gulf of Aden are also used as a cover-up for the live testing of recently developed arsenals of so called non-lethal as well as sub-lethal weapons systems. (Pls request details) Neither the Navies nor the UN has come up with any code of conduct in this respect, while the Joint Non-Lethal Weapons Program (JNLWP) is sponsoring several service-led acquisition programs, including the VLAD, Joint Integration Program, and Improved Flash Bang Grenade. Alredy in use in Somalia are so called Non-lethal optical distractors, which are visible laser devices that have reversible optical effects. These types of non-blinding laser devices use highly directional optical energy. Somalia is also a testing ground for the further developments of the Active Denial System (ADS) Advanced Concept Technology Demonstration (ACTD). If new developments using millimeter wave sources that will help minimize the size, weight, and system cost of an effective Active Denial System which provides "ADS-ACTD-like" repel effects, are used has not yet been revealed. Obviously not only the US is developing and using these kind of weapons as the case of MV MARATHON showed, where a Spanish naval vessel was using optical lasers - the stand-off was then broken by the killing of one of the hostage seafarers. Local observers also claim that HEMI devices, producing Human Electro-Muscular Incapacitation (HEMI) Bioeffects, have been used in the Gulf of Aden against Somalis. Exposure to HEMI devices, which can be understood as a stun-gun shot at an individual over a larger distance, causes muscle contractions that temporarily disable an individual. Research efforts are underway to develop a longer-duration of this effect than is currently available. The live tests are apparently done without that science understands yet the effects of HEMI electrical waveforms on a human body.
ECOTERRA Intl., whose work does focus on nature- and human-rights-protection and - as the last international environmental organization still working in Somalia - had alerted ship-owners since 1992, many of whom were fishing illegally in the 200 nm Exclusive Economic Zone, to stay away from Somali waters. The non-governmental organization had requested the international community many times for help to protect the coastal waters of the war-torn state, but now lawlessness has seriously increased and gone out of hand.
ECOTERRA members with marine and maritime expertise, joined by it's ECOP-marine group, are closely and continuously monitoring and advising on the Somali situation. (for previous information concerning the topics please google keywords ECOTERRA (and) SOMALIA)
The network of the SEAFARERS ASSISTANCE PROGRAMME helped significantly in most sea-jack cases. ECOTERRA Intl. is working in Somalia since 1986 on human-rights and nature protection, while ECOP-marine concentrates on illegal fishing and the protection of the marine ecosystems. Your support counts too.
Please consider to contribute to the work of SAP, ECOP-marine and ECOTERRA Intl. Please donate to the defence fund.
Contact us for details concerning project-sponsorship or donations via e-mail: ecotrust[at]ecoterra.net
Kindly note that all the information above is distributed under and is subject to a license under the Creative Commons Attribution.
To view a copy of this licence, visit http://creativecommons.org/licenses/by/2.0/uk/
Send your genuine articles or networked information please to: mailhub[at]ecoterra.net
Pls cite ECOTERRA Intl. - www.ecoterra-international.org as source for onward publications, where no other source is quoted.
Press Contacts:
ECOP-marine
East-Africa
254-714-747090
marine[at]ecop.info
www.ecop.info
ECOTERRA Intl.
Nairobi Node
africanode[at]ecoterra.net
254-733-633-733
EA Seafarers Assistance Programme
SAP Media Officers
254-722-613858
254-733-385868
sap[at]ecoterra.net
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For more information see this article in The Nation or this article in Wired News.
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