Waagacusub.net - After 23 years the Somali state has no longer performs the functions of a regular state, we have lost our capacity to govern of our territories, our people, and the ability to enter relations with other states. Today Somali government rules only small chunks of Mogadishu. The rest of the country is left to tribal-states, clan-states, religious or warlord authorities. The current Federal Government of Mogadishu does not have an effective institutional of cooperation between these tribal states.   

There are many reasons to place a Somalia under Trusteeship of an organization (UN and/or IGAD). There is justification. Already there is no a strong leadership with a strong political will to properly manage the affairs of this nation, Said one of the well-known Somali political analyst in New York.

The political analyst was reacting to views suggesting putting the country under the United Nations mandate until such time when it would be able to effectively and efficiently run its affairs.

"I think people with such views are ignorant of the international rules and regulations. Somlia is an independent country and I have never heard before that a sovereign country should be placed under an organization. What for?” said a prominent member of the country’s Federal Parliament at Nairobi.

"These suggestions undermine authority of a sovereign state and no country would accept such views”, he said.

Some US Think Tank group arguments ‘this month that the ruling Damul-Jadiid Movement has no ability to govern the country particularly given the lack of control in regions, infrastructure, education, private investment and institutions.

Today Somalia doesn’t have its own currency, banks and legitimated financial system. No boarders, neatly equating the Ethiopian, Ugandese, Djiboutian, and Kenyans invaders with the troops from different sides of Somali nation. There is no moral equivalency here…

The current Somali head of state is UN Special Representative for Somalia Nicholas Kay, and not President Hassan Sheikh Mohamud, Somalia’s Security forces commander is Lt General Andrew Gutti and not Gen. Indhoqarsho, and Somalia police commissioner is UN Police Commissioner in Somalia Mustafa Resat Tekinbas, and not Gen. Saaid. 

However, with sovereignty in suspension it does not necessarily follow that Somalia is entirely devoid of international legal personality. Since the UN Charter brought Trust Territories into the existence it inevitably follows that they must possess a certain international legal personality. Furthermore, this legal personality is clearly distinct from that of the Administering Power whose authority over the territory is constrained by the terms of the Trusteeship Agreement.! 

By Haboon Haji Abdi, Buuhoodle, East Africa University