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The communique released yesterday by AU PSC at their 993rd meeting held in Addis Ababa was deeply flawed piece of document, was an overreach of its mandate and represent an unprecedented departure from the very spirit of the AU Constitutive Act. https://twitter.com/AUC_PAPS/status/1385294896051929091
While the PSC has acted under Article (7) of its protocol, which is anticipatory in nature, it has no mandate to intervene in matters deemed as the domestic jurisdiction of member states as stipulated under Article 4 (e) of its Protocol guiding principle.
Make no mistake that the House of People (HoP) is the highest body of the land and has an exclusive mandate to decide on matters relating to Federal Elections in Somalia pursuant to Article 47 of the Provisional Constitution.
The 12th April 2021 decision by the parliament, which extended the mandate of Federal institutions for two years to hold direct election across the country was pursuant to Article 27 of the African Charter on Democracy, Elections and Governance.
The HoP has only discharged its constitutional rights and has saved Somalia from slow moving coup engineered by external actors, which would have plunged the country in a state of anarchy and lawlessness.
In hindsight, since 2000, there was concerted campaign driven largely by Western countries aimed at weakening the principle of state sovereignty culminating the introduction of the 2005 R2P Doctrine.
Libya was the first country experimented on the R2P doctrine and we all know it did not end well.
Alas, as often is the case in most Third World IGOs, the African Union Article (4) (h) of the Constitutive Act has drawn very much on the R2P doctrine, however, it has set its threshold to breach a member state’s sovereignty too high.
Pursuant to Article (4) (h)of the Constitutive Act, the AU has a right to intervene in a member state ONLY AFTER when a decision is made by the assembly (which is the Heads of States) especially in circumstances where war crimes, genocide & crimes against humanity is committed.
In light of this, the current situation in Somalia poses no threat to international peace and security and as such cannot justify in any shape or form the utility of Article (4) (h) of the Constitutive Act and CH7 of the UN Charter.
Last not least, I can't let go to blow a torch on the democratic record and credentials of the man who chaired yesterday’s PSC meeting H.E. Mohamed Idris Farah, whose country has held a sham election only last week speaks in volumes. This reminds me George Orwell....
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