Somali piracy requires balanced solution that deals with root cause Commentary
Somali piracy requires balanced solution that deals with root cause
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Dr. Abdullahi Darman [Somali Law Council]: "Somalia has been a failed state since its military dictator was toppled in 1991. As a result it has been missing the ethics of one of the three fundamentals of a state – a functional government. Although, the paralyzed Somali Marine law specifically punished sea piracy with the minimum of 10 to 20 year of imprisonment. The same goes to whoever violates Somalia's territorial waters. It was deemed as a crime against the people of Somalia. Old records show that crimes against the crews, goods, and owners of vessels warranted the same punishments, including the confiscation of the vessels and the cargo.

The disbanded Somali Coast Guard protected and guarded the people, vessels, crews, and cargos moving across the seas. Specific penal laws, mentioned above, have been applied. Also, regulations about fishing that need specific authorization and concessions within a limited period across Somalia's territorial waters have been granted to foreign fishing vessels.

As a Somali lawyer, I do believe that the sovereignty of the state could not and must not be overtaken or undermined by any power to protect their particular interest, while in the meantime ignoring the real owner of the country – the Somali P\people.

I believe that the recent UN resolution is not going to solve the piracy problem in Somalia or anywhere in the world. Remember that piracy flourished during the 16th and 17th centuries wherever governments were unable to protect their own territorial waters.

When any legal institution prepares a draft of law, it is important that the law can reach the final goal; it is important to look at its final result and the positive or negative effects it may cause. The resolution needs to look at the root cause of the piracy problem.

As a lawyer, I would look to understand what motivates the Somali pirate, something that the world community appears unwilling to do. How about those foreign vessels from European and Asian countries who illegally fish within Somalia's territorial waters and in the process dump toxic wastes that cause death and disabilities to hundreds of coastal inhabitants on the North East Region of Somalia? Personally, I am against all piracy wherever it may be found. In the case of Somalia Pirates, they have seized cargo ships that carry desperately needed aid for thousands of internally displaced people (IDP).

It does not take much to get the failed state going again. Economic aid can eventually generates job creation."

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