Different perspectives on Somalia. Part IV.
U.S. Officer : Our Diplomat is threatened with arrest! Why?
Once we used to have diplomatic warriors…. This is part IV of the reflections of a former diplomat and a friend of mine who after many years decided to share with me some of the interesting experiences he encountered while working for the Somali Foreign Affairs Ministry (FAM) and during his diplomatic career.
My Friend Hussein* told me the following… in his own words
One morning in late 1983, I received a call from the Police Inspector in charge of the FAM’s security by the brief name of Hassan Askari, saying that a U.S. diplomat is at the main entrance. I checked my appointment book, and there was no record of this. I decided to meet the diplomat at the gate. She introduced herself to be the first secretary (Political) of the Embassy – if I recall correctly her name was Ms. J. C., a tall well-built woman of late 20s or early 30s. She apologized for coming without an appointment, saying an urgent matter brought her, and informed me that one of their diplomats was threatened with an arrest warrant and wanted to know why? Surprised and taken aback, I took her to a mini reception room on the ground floor near the Pouch office, to understand what the problem was and asked the name of the diplomat who was threatened with arrest? She informed me his name was if I recall correctly – Mr. C. H. I asked her how he became a diplomat because I was familiar with stationed U.S. diplomats and this man’s name was definitely not on the diplomatic list. She produced a copy of an agreement signed in 1978 between the two countries which grants diplomatic immunity to U.S. Aid personnel working inside Somalia, adding Mr. C.H. was a member of U.S. Aid personnel and was coordinating development projects in the Bay region.
I took note of the content of the purpose of her visit and told her I will convey it to my superiors. But she enquired if the FAM could intervene and temporarily instruct the Police to stop arresting the man who was hiding in the Embassy until the issue is resolved. Again, I repeated - first I have to convey to my superiors, then we would proceed from there. I wanted to confirm this agreement from our side, and then act upon it, getting the input of the superiors.
Then I asked about diplomatic identification and travel policy. I reminded her that diplomats, like herself who are accredited to the country are registered at the FAM and given diplomatic Identity cards. And furthermore, does she not aware of the existing travel regulations for diplomats which were to inform the FAM before traveling to provinces whether that be private or official business. So, I asked again: how can we operate within the framework of this agreement if we don’t know who these people are and you haven’t provided us with their names?
By this time, she understood my point, replied in the affirmative, and looking me in the eye told me: “You know what – You are correct but no one asked us about their names before!”. To which I responded back: “And no one was threatened with arrest warrant either?” She promised the Embassy will send a note, referring to the agreement of the two countries, which will contain the current list as soon she gets back to her office, so that the FAM could register their names. She also informed the Embassy will constantly update all U.S. Aid personnel in Somalia and the different provinces they operate.
Dynamism, vigilance, and competence are sometimes required to argue effectively and to make a point under any circumstances, bearing in mind diplomatic practice of conducting oneself in a cool professional way and to obtain what you require from the other side politely.
Background of the case: About two weeks before that day, the Protocol office of the FAM received a letter from one of our courts – forwarded by the Ministry of Justice and Religious Affairs, wanting to know if an American by the name of C.H – who has a pending court case, was a diplomat or not.
After checking the American Embassy’s diplomatic list, The Protocol Department responded back in the negative. The court then summoned the American man. He failed to appear. The Judge subsequently issued a warrant and ordered law enforcement officers to arrest him.
And that prompted the U.S. Embassy to intervene, sending the First Secretary to the FAM. After the issue was resolved to go through a hectic day of continuous phoning involving high-ranking officials of both Foreign and Justice Ministries, Police involved and finally sending another self-explanatory letter to the court to halt the warrant, the Embassy cooperated to conclude the issue satisfactorily.
What can we learn from this?
First, it is essential for any nation to have separate government branches of executive, legislative, and Judiciary to have a balance of power that ensures the rights of its citizens. When lower-level building workers from the Bay region sued an American man for their allegedly unpaid wages through a court – whether their case was right or wrong - the existing system worked, and the man was summoned to court.
Furthermore, the amazing surprise was when the Permanent Secretary who is the highest-ranking official of the FAM called his Justice Ministry counterpart and Deputy Police Chief to try intervening in the case on an emergency basis and delay its execution to avert diplomatic incidents, both of them apologized, explaining it was better to write another note to satisfy the court.
And sadly, today we are witnessing the sorry-state of our justice and security situation whereby on a daily basis there are acts of murder and violence against civilians throughout the country in general and the capital city in particular. And worse, most of the killings are carried by government soldiers with impunity.
Secondly, Let us briefly focus on the essence and content of what is called an international agreement. When one is going to sign a legally binding written agreement or Memorandum of Understanding on behalf of a country, in this case, Somalia. One must seek the advice of experts who can verify the pros and cons, protecting the rights of the country and taking into account the obligations of the other side.
Obviously, the agreement in question was signed (1978) between Somalia and U.S.A. Obviously formulated when Somalia was in the middle of the Ogaden war, expelling Soviet technicians and military advisors. And it is in that atmosphere which resulted in the signing of an agreement; whereby its main article of making the United States submit a list of the person they were seeking for diplomatic protection of the host country, Somalia was forgotten altogether.
We can also cite the recent example of the memorandum of understanding which resulted and caused a severe maritime dispute between Somalia and Kenya. So, it is with utmost importance for every responsible official to be extra careful, not to violate the rights of our country when signing any kind of agreement. Thus spoke a retired diplomat who still cares about his country….
Hussein M Mohamed and I went to Casa Popolare Primary School, Hodan, Mogadishu in the 1970s. And later on, we were the first and second students who were admitted to the faculty of Journalism where he graduated and joined the Somali FAM. He continued to serve the country as a diplomat, but I left and continued my studies at Monash University in Australia and may rapidly add not on a Somali government scholarship! We are now working on a book about Somali Foreign Affairs Ministy, stay tuned.
Hussein M Mohamed can be contacted via hmm@somaliaaway.com
Thanks for writing this, Somlia lost a lot
Great to read!