Why it is Important to Lift Arm Embargo in Somalia

 



History of Arms Embargo imposed on Somalia Government

Arms embargo is a prohibition that applies to the trade or activities related to military items and is usually imposed by the United Nations. Somalia has a history of conflict and instability, and there have been efforts to control the flow of arms into the country. The United Nations Security Council has authorized regional organizations, such as the African Union, to assist the Somali government in establishing security and implementing arms embargoes on specific entities or regions within Somalia, such as Al-Shabaab. The arms embargo was first introduced on Somalia in 1992 with the aim of reducing the supply of weapons to warring clan-based groups that had ousted President Mohamed Siad Barre, leading to a civil war in the country. Nonetheless, the ineffective and corrupt federal government in Mogadishu has been actively supporting the removal of the embargo, stating its inability to acquire weapons for countering the threat posed by al-Shabaab.

In June 2001 Security Council Resolution 1356 allowed for exemptions to the embargo for supplies of non-lethal military equipment for use in humanitarian operations. In July 2002 Security Council Resolution 1425 clarified the scope of the arms embargo, making clear that it prohibited the financing of arms acquisitions as well as the direct or indirect sale or supply of technical advice or military training. In December 2006 Security Council Resolution 1725 partially lifted the UN arms embargo on Somalia. The resolution authorized the Intergovernmental Authority for Development (IGAD) and African Union member States to deploy a regional intervention force to protect Somalia's Transitional Federal Government (TFG) and to arm and train the TFG security forces. The resolution maintains the existing embargo but states that its provisions do not apply to transfers of military equipment, technical training and assistance intended for the regional intervention force.

In February 2007 Security Council Resolution 1744 limited the embargo to non-state actors. It allowed the supply of weapons and military equipment intended solely for the purpose of helping develop Somali security sector institutions if the sanctions committee on Somalia had been notified in advance and on a case-by-case basis and if the SC had not made a negative decision within five working days after the notification. In November 2008 Security Council Resolution 1844 amended the arms embargo to target entities that have violated the arms embargo or obstructed the delivery of humanitarian assistance to or in Somalia. In March 2013 Security Council Resolution 2093 amended the restrictions and procedures related to arms supplies to the Somalian Government while maintaining the embargo on arms supplies to non-state actors in the country. The embargo continues to be extended annually since and is currently in force until 17 November 2023.

Reasons why Arms Embargo should be lifted in Somalia

In order to enforce the arms embargo on Somalia, the Security Council authorized the interception of illegal weapon imports, charcoal exports, and components used for improvised explosive devices through maritime means. Additionally, they extended the mandate of the Panel of Experts on Somalia. With the arms embargo in place, all countries were required to take necessary actions to prevent the delivery of weapons and military equipment to Somalia. This included prohibiting the financing of weapon acquisitions and deliveries, as well as the provision of technical advice, financial support, and other forms of assistance or training related to military activities, unless it was intended for Somalia's security and police institutions at the national and local level, which were exempt from these restrictions.

The arms embargo excludes the restriction on supplying weapons, military equipment, offering technical guidance, financial aid, and other support, including training, specifically aimed at enhancing Somalia's security and police organizations to ensure the safety and protection of its citizens. Arms embargo have various negative effects in Somalia including reduction in capacity of government to ensure its national security, disrupt the balance of power and straining strain diplomatic relations. It is therefore important for UN to consider lifting arms embargo. Given that Somalia is moving towards stability, lifting arm embargo would have a ripple effect on faster achievement of stability and economic stability. Here are some of the reasons why arm embargo should be lifted in Somalia:

1.     Enhanced Security by Building Military Force to Fight Terrorism:

Lifting the embargo would allow the Somali government to enhance its security forces' capabilities in combating terrorism and insurgent groups such as Al-Shabaab. A more robust military capacity can contribute to stabilizing the country, maintaining law and order, and protecting the population from violent extremist threats. Lifting an arms embargo would allow Somalia enhance its security forces by providing them with advanced weaponry, equipment, and training can improve their capabilities to combat internal security threats, such as insurgencies or terrorist organizations. Well-equipped security forces can effectively respond to security challenges, potentially leading to increased stability.

In addition, lifting arms embargo improves access to arms and military equipment can empower security forces to conduct more effective counterterrorism operations. This includes capabilities like surveillance systems, intelligence-gathering tools, communication equipment, and advanced weaponry. Enhanced resources can aid in disrupting terrorist networks, apprehending individuals involved in terrorist activities, and preventing potential attacks. Advanced military equipment often comes with the latest technological innovations, such as advanced sensors, targeting systems, communication systems, and stealth technology. Lifting an arm embargo would enable Somalia military force to gain access to these advanced technologies, which can improve the effectiveness and efficiency of its military force.

2.     Promoting State Sovereignty

Imposing an arms embargo on a country can be seen as a form of external interference or control over its internal affairs. Given that Somalia is a sovereign state, continuing to impose arms embargo undermines Somalia's sovereignty and ability to defend itself. Lifting the embargo would enable the Somali government to exercise its rights and responsibilities as a recognized sovereign state by acquiring necessary defensive capabilities.  By lifting the embargo, a state can assert its independence and autonomy in making decisions related to its defense and security. This action sends a message that the country is capable of determining its own defense needs and is not dependent on others for its protection.

3.     Enhancing Peacekeeping and Peacebuilding

The Somali government, along with the African Transition Mission in Somalia (ATMIS), has been engaged in efforts to restore peace and stability to the country. Therefore, lifting the embargo would help strengthen Somalia police force capacity to fulfil its mission and provide a more secure environment for reconstruction and development initiatives.

4.     Enhancing Regional Balance

Arms embargo on Somalia creates an imbalance in the region, as neighboring countries are not subject to similar restrictions. Lifting the embargo claim that it would level the playing field and prevent Somalia from being at a disadvantage in terms of defense capabilities. The lifting of an arm embargo can serve as a confidence-building measure between Somalia and neighbouring countries with strained relations. By allowing the exchange of military equipment, it can signal a willingness to engage in dialogue, build trust, and reduce tensions. This can contribute to a more stable regional environment and decrease the likelihood of armed conflicts or escalations.

5.     Reinforcing the Security Agencies after Departure of ATMIS

There is a plan for withdraw African Transition Mission in Somalia (ATMIS) by 2024. However, as it a swift pullout of African Union troops in Somalia could lead to a swift collapse of the Somali government, similar to what happened in Afghanistan when U.S. troops left in August 2021. The decision to delay the drawdown of the African Transition Mission in Somalia (ATMIS) may indicate gaps in rebuilding the country’s security forces meant to take over once the continental arrangement fully exits. Therefore, lifting arm embargo would allow the government of Somalia to build capacity of its security agencies to be in a position to bridge the security gaps left when ATMIS departs.

Criticism of an Article Opposing Lifting of Arm Embargo in Somalia

An article by HIRAAL Institute title “LOCKED AND LOADED: THE DANGERS OF PREMATURELY LIFTING THE SOMALI ARMS EMBARGO” claims that lifting arm embargo would destabilize Somalia.  However, the article fails to give an alternative for promoting national security when ATMS departs in 2024. Governed and controlled lifting arm embargo in Somalia remains the only viable solution for Somalia to attain its stability. Though the article claims that lifting arm embargo would enhance clan-based power struggles, it fails to highlight the connection. On contrary lifting arm embargo would not support clans since it will be done in a framework that ensures arms are accessible to government security agencies only. While it raises certain concerns, it fails to present a balanced view and overlooks critical factors that warrant a re-evaluation of the embargo. The article is criticised for the following:

1.     Failure to acknowledge Somalia's progress: The article neglects to acknowledge the considerable progress Somalia has made in recent years. It fails to recognize the efforts made by the Somali government, regional partners, and international stakeholders to stabilize the country, combat terrorism, and build institutions. Ignoring these advancements leads to an incomplete and skewed perspective.

2.     Ignoring the needs of the Somali government: The article overlooks the legitimate security concerns of the Somali government. Somalia faces significant security challenges, including terrorist organizations such as Al-Shabaab. Lifting the arms embargo could potentially help the Somali government in its efforts to counter these threats and safeguard its citizens.

3.     False Allegations of Open Arm Market: The article claims that there is an open arm market in Somalia for arms where citizens might easily purchase arms. However, the article fails to provide any evidence of the existence of an open market in Somalia. The fact is, there is no open arm market in Somalia.

4.     False Allegations that Government have no Ports Control: The article claims that the government does not have full control over all of its ports of entry and this is why arm embargo should not be lifted. However, the article does not provide evidence to back these claims. The fact is, the government of Somalia have control over the ports and all entry of points under its jurisdiction.

5.     Absence of contextual analysis: The article lacks a contextual analysis of the Somali conflict and fails to consider the dynamics on the ground. Somalia is a complex nation with multiple stakeholders, regional interests, and power struggles. A nuanced understanding of these factors is necessary to assess the impact of the arms embargo accurately.

6.     Failure to Propose Alternatives: The article does not propose viable alternatives to the current arms embargo. Instead of advocating for maintaining the status quo, it should explore other measures that can address Somalia's security concerns without compromising regional stability. For example, the article could have discussed the possibility of implementing stricter arms control mechanisms or creating regional partnerships to mitigate potential risks associated with lifting the embargo.

7.     Disregarding International Engagement: The article disregards the importance of international engagement and support in post-conflict situations. Lifting the arms embargo does not automatically imply uncontrolled arms flow into Somalia. Responsible lifting would involve carefully crafted agreements, rigorous monitoring mechanisms, and support for capacity-building programs to ensure that weapons are used solely for legitimate defense purposes. By engaging with Somalia and providing necessary assistance, the international community can help guide the country toward stability and prevent illicit arms proliferation.

Conclusion

Though there are fears that premature lifting of arm embargo would destabilize Somalia, continued imposition of arm embargo would do more harm to Somalia. This is because support from African transition mission in Somalia would not be a lasting solution to security problems facing Somalia. There is need to allow Somalia take the baby steps towards political stability. Eminent withdrawal and departure of African transition mission in Somalia by 2024 would leave Somalia with huge security gaps to fill. With arm embargo in effect would expose Somalia to endless security threats posed by heavily armed Al-shabaab. International allies support the Somalia efforts to push towards lifting arm embargo. In this regard, USA representative to UN reiterated that Somalia have demonstrated commitment to fighting Al-shabaab and restoring security and stability in the country. Hence, it would be prudent to lift arm embargo in Somalia. Though lifting arm embargo remains a complex issue, it is important for UN in collaboration with Somalian government to come up with an effective framework for lifting the arm embargo. The framework should close all the loopholes to ensure arms are only available to security agencies and military. Lifting arm embargo should be based on the fact that Somalia have continued to pass laws that intends control arms and also prevent proliferation of illegal arms. Moreover, the government of Somalia have already taken steps towards preventing anti-money laundering and passed laws meant to combat financing of terrorism. As Somalia’s President argued to UNSC, the Somalia of 1992 is not Somalia of 2023 and hence a conflict that happened over 20 years ago should not be used a basis to continue imposing arm embargo. Somalia should be given a chance to complement its efforts towards a long journey of political stability and economic prosperity by lifting arm embargo.

 

By

Abdullahi Mohodin Hassan ( Abdullahi Yabarow)

LLM

Siigaale1@

 

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