Solve Kenya-Somalia maritime row outside ICJ for regional stability
Kenya-Somalia maritime border dispute graphic.
What you need to know:
- Somalia disregarded a 1979 bilateral agreement that essentially settled the maritime boundary dispute.
- Kenya continues to provide humanitarian assistance to hundreds of thousands of Somalis uprooted from their homes by conflict.
The spasmodic diplomatic tiff between Kenya and Somalia is increasingly proving counterproductive to the strategic interests of both countries. The row threatens the already fragile peace and stability of the region and requires speedy resolution.
The biggest fly on the cake was the decision by Somalia to file a maritime boundary dispute case with the International Court of Justice (ICJ) against Nairobi in 2014. Somalia disregarded a 1979 bilateral agreement that essentially settled the maritime boundary dispute.
Kenya continues to provide humanitarian assistance to hundreds of thousands of Somalis uprooted from their homes by conflict. And when al-Shabaab militants started engaging in cross-border activities in Kenya, Nairobi in 2011 sent soldiers to stabilise Somalia, leading to a return of the Somali government to Mogadishu.
Whichever direction it goes, the ICJ ruling will only cement sentiments of winners versus losers, worsening the already sour diplomatic ties. It is, therefore, in the interest of both parties to seek a resolution away from the ICJ.
Acceptable middle ground
The two parties can engage in candid bilateral talks and find an acceptable middle ground. There is also the African Union Strategy for Integrated Border Governance, which aims to harness border governance for peaceable and productive coexistence among neighbouring countries on the continent. International actors should also help in finding a peaceful resolution to the conflict.
A new deal has seen Nairobi and Mogadishu end six months of stalemate. Respective envoys are now set to resume their diplomatic stations.
Besides, the ICJ process can be anything but fair. Among the judges hearing the case is Abdulqawi Ahmed Yusuf, a Somali national who is also the immediate former President of the court.
But since pulling out of the process in mid-March, Kenya’s Foreign Affairs ministry and the Attorney-General’s office have been mum on the matter. They should state the country’s stand as we can’t sit back and watch as such an important part of our country and heritage is taken away.
Mr Mugwang’a is a communications consultant. [email protected]
