Why Kenya’s Démarche on Somalia Maritime Dispute was Merited
SEE ALSO :The unseen war - Part 2By the time Kenya’s Ambassador to Somalia was being summoned and his counterpart in Kenya being sent for further consultations, Somalia’s response was yet to be known to the Ministry. The Ministry of Foreign Affairs and International Cooperation of Somalia in a letter dated 17th February 2019 noted: “We note that the Government of Kenya has characterized these maps as “illegal”. The maps in question depict Somalia’s claimed maritime zones and are entirely consistent with Somalia’s long-standing position, including its claim in the maritime delimitation case with Kenya currently before the International Court of Justice (ICJ). This long-standing position reflects the Government of Somalia’s duty to protect its sovereignty, political independence, territorial integrity and unity.” Did the situation merit the response by the Government? The 1961 Vienna Convention on Diplomatic Relations does merit actions of a similar nature and spirit, as noted under Article 9, that: “The receiving State…”in this case Kenya, “…may at any time and without having to explain its decision, notify the sending State…” in this case Somalia, “that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State”. In practice, the act of recalling of a diplomat can be for developmental purposes for instance when the Ministry recalls its own Ambassadors for brief or further instructions or an act of protest in the case of mis-behavior of the diplomat or gross violation of human rights or state interests by the sending state. In all cases examples can be drawn, for instance when Malawi in 2016, recalled 82 diplomats from countries abroad (including Kenya) in plans to reform the Ministry, rationalize diplomatic staff and downsize the Missions Abroad against the Government’s Strategic Foreign Interests. In another instance, when an official enjoying diplomatic immunity is accused of a serious crime, expulsion is usually the host country’s only recourse. For instance, the Obama Administration in 2012 expelled (declared Persona non Grata) the Venezuelan Consul General, Livia Acosta Noguera, in Miami over allegations that she had discussed possible cyberattacks on U.S. soil while stationed at her country’s embassy in Mexico in her prior assignment. In 2011, following Malawi’s expulsion of the United Kingdom’s High Commissioner to Malawi, Fergus Cochrane-Dyet after a leaked cable quoting him describing Malawi’s President Bingu wa Mutharika as “becoming ever more autocratic and intolerant of criticism”. In return, British Foreign Secretary William Hague sent packing acting High Commissioner of Malawi, Flossie Gomile-Chidyaonga and her dependents “at the earliest opportunity”, warning of serious consequences, recognizing that U.K. is the largest donor to 40% of Malawi’s budget from abroad. Furthermore, an invitation to the Malawian Government to celebrate the Royal Wedding was thereafter withdrawn. In most cases, expelling an Ambassador or any official does not reflect severing bi-lateral diplomatic relations. The chargé d’affaires would easily take charge of an Embassy in the Ambassador’s absence and is in a good position to step in following an expulsion. The practice of diplomatic protests is left to the inventiveness of the policy makers at Foreign Affairs, just as civil society is allowed to enjoy the right of peaceful demonstrations in the country, the mode of delivery is left to their creativity. Kenya and Somalia relations remain solid, their futures extricable and intimately interconnected. Joel Okwemba is the Managing Director at the Centre for International and Security Affairs.