Musa was a Somali military officer, an active member of Somali National Army (SNA), he took part the Ogaden war between Somalia and Ethiopia in 1977 which he was injured whereas his brother died in that war.
Musa was one of Somali military advocators of the concept of a Greater Somalia (Soomaaliweyn), which refers to those regions in the Horn of Africa in which ethnic Somalis reside and have historically represented the predominant population. Greater Somalia thus encompasses Somalia, the republic of Djibouti, the Ogaden and the Northern Frontier District i.e. the almost exclusively Somali-inhabited regions of the Horn of Africa.
When political situation deteriorated, Siad Barre’s long-standing government in 1991 eventually collapsed under the pressure. This military officer (muse) fled to Ogadenia and joined ONLF (Ogaden National Liberation Front) as a freedom fighter. Strikes took place in several major cities including the Capital, Mogadishu, those civilians to show their sympathy.
Human rights abuse, the international conventions and Somali constitution violations.
The Somali government has ignored the citizenship, the military membership of Musa, and has forcefully handed over Mr Abdikarin Muse without his consent to Ethiopia in violation of the principle of non-refoulment laid out in 1954 UN-Convention relating to the Status of Refugees, which, in Article 33(1) provides that:
“No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”
The Somali government and the current prime minister also violated the Somali constitution which recognizes the rights of all Somalis to have the right of abode regardless of which part of the Somali nation they originate. See the Federal Provisional Constitution articles 36 and 37 respectively.
Article 36, Extradition of the Accused and Criminals of Somali Constitution provides:
(1) Any person who has been accused or convicted may be extradited only in a manner prescribed by law and on the basis of an international treaty or convention which the Federal Republic of Somalia is party to, and which obliges the Federal State of Somalia to extradite the accused or convicted.
(2) Any accused or convicted person shall be extradited only in accordance with international law and practice, and on the basis of legislation governing extradition, which has been passed by the Federal Parliament.
Article 37 Refugees and Asylum also provides:
(1) Every person who has sought refuge in the Federal Republic of Somalia has the right not to be returned or taken to any country in which that person has a well-founded fear of persecution.
(2) The Federal Parliament shall enact legislation in compliance with international law, regulating refugees and asylum seekers.
Thus the Somali government has forcefully transferred a Somali national or another hand a political refuge to Ethiopia which is known to torture and humiliate its opponents.
The direct involvement of both the Somali president and prime minister has been confirmed. It has also been intimated that Mr Abdikarin was sacrificed to Ethiopia in order to get political support from Ethiopia. The Ethiopian ambassador to Somalia who is a close relative of the prime minster and in law to the Somali president played a key role in brokering the deal (that is politics of the Ethiopian Regime)
The current Prime Minister of Somalia, H.E. Hassan Ali Khayre, and his accomplices, The National security advisor, Gen. Bashir Mohamed Jamac-Goobe to the President of Somalia Mohamed Abdulahi “Farmajo”, the Head of NISA Mr. Abdullahi Mohamed Ali “Sanbalolshe” and also the Minister of Planning and International Cooperation Ambassador. Jamal Mohamed Hassan have committed a national crime against the Somali nation and as such will bear the full political and moral consequences of their cowardly and illegally act. Mr. Mr Hassan Ali Khayre has set a new black record and vile precedence in the history of the Somali nation by becoming the first Prime minster of Somalia to hand over a fellow Somalis to the enemy of the Somali nation or another country without legal governmental agreement. Although President has some no clear influence and involvement to this devastated issue
The response of the Somali government
The extradition of Musa to Ethiopia was controversial decision according to public opinion, Somali parliaments and the cabinet of Somali government. It violated the Somali Provisional Constitution, articles of 36 and 37 and principle of non-refoulement laid out in 1954 UN-Convention relating to the Status of Refugees, which, in Article 33(1).
The Somali cabinet came into meeting in late August this year to announce that Musa was linked with Alshabab militia and his escort ONLF was recognized as a terrorist group.
When Prime Minister was chairing the ministerial meeting on the summit and distributed agenda to his ministers, firstly the interior, reconciliation and federalism minister of Somali federal Government H.E. Abdi Farah Said (Juxa) objected the decision by saying that there is no single reason that a Somali national to handover to any foreign country and this violates our constitution and international conventions and it is human rights abuse, diehard debate in between the interior minister and his Prime minister the majority of federal ministers voted for the motion and agreed that muse is a terrorist and he was linked with Al-Shabab. Minister for Transport and Aviation Hon. Omar, and Minister of interior Hon. Abdi Farah Said (Juxa) put their silence for the motion whereas Minister of Humanitarian and Disaster Management H.E. Dr. Maryan Gasim strongly opposed for the motion and she said you betrayed your nation, Drs. Maryan also gave speech to the media condemning the cabinets’ motion while she clearly mentioned that this action was totally wrong which is violation of international law as well as the Somali national constitution. The actions of these three Ministers shows that the Somalis’ nationalist still strong and loyal to their country and ready to protect their citizens.
I confessed that the process in which muse was handover to Ethiopia has no legitimacy and credibility and according to the international law, the international conventions and the Somali constitution, this extradition was human rights violation and human rights abuse.
I am strongly appreciating those ministers who directly and indirectly objected to be part in this controversial decision making.
The author is Mursal Ali Warsame, PhD.
Columbus State University, the U.S.A
An author, political analyst and academic researcher