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{
    "id": 962389,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/962389/?format=api",
    "text_counter": 31,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "THAT, aware that in 1924, the Anglo-Italian Treaty delineated the Kenya-Somalia boundary with 29 identifiable boundary pillars starting from the tri-point with Ethiopia on River Dawa in Mandera County to the Indian Ocean at Ishakani, in Lamu County; Acknowledging that the 1964 Organisation of African Union (OAU) Resolution 16(1) urging member states to preserve the colonial boundaries and cognisant that the Federal Republic of Somalia attained independence in 1960 but did not subscribe to the said OAU resolutions, therefore claiming territory beyond its border with Kenya through successive regimes; Further aware that Article III, paragraph 3 and 4 of the Charter establishing the OAU provides that African States, unanimously, through the African Union (AU), resolved to respect the sovereignty and territorial integrity of each state and for its inalienable right to independent existence and further by peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration; Cognisant that the Federal Republic of Somalia's rejection of the OAU/AU decision on boundaries was in furtherance of its expansionist ideology of the time of achieving a Greater Somalia and its engineering of irredentism in Kenya's North Eastern Province and hence the Shifta war of 1963-1967; Recalling that the settlement of the war was acceptance of Federal Republic of Somalia to recognise Republic of Kenya's territorial boundary by way of the Arusha Accord signed by the then Somalia Prime Minister, Mohamed Egal and further that, his successor, President Gen. Siad Barre, subsequently rejected the Accord leading to deterioration of relations between Republic of Kenya and Federal Republic of Somalia; Further recalling that President Siad Barre denounced territorial claims of the Republic of Kenya through a declaration at the 1981 OAU's Heads of State Summit and leading to normalising of the relations between the two nations; Cognisant that the current dispute regards establishment of the coastal states maritime zones in accordance with the United Nations Convention on the Law of the Sea which both countries became parties to in 1982, which allows states to establish an Exclusive Economic Zone (EEZ) of 200 nautical miles and a potential continental shelf of up to 350 nautical miles; Cognisant further, that the Republic of Kenya proclaimed her maritime zones including the maritime boundary in 1979 when United Nations Convention on the Law of the Sea was still under negotiation; Further recognising that in order to domesticate the United Nations Convention on the Law of the Sea, the Parliament of Kenya enacted the Maritime Zones Act (Cap. 371) Laws of Kenya whose objective is to consolidate the law relating to the territorial waters and continental shelf of the Republic of Kenya; Recalling that in 1991, the Federal Republic of Somalia descended into civil conflict resulting in the emergence of terrorists groups and organisations such as the Al Shabaab and other groups affiliated to international terrorist groups like the Al Qaeda and the Islamic State for Iraq and Syria (ISIS), mass displacement of millions of Somali people most of whom are hosted in Kenya, piracy on the Western Indian Ocean close to Kenya, and terrorist attacks in Kenya that have adversely affected our tourism industry, among others negative effects; Concerned that since 1991, the Federal Republic of Somalia has not had an effective government and hence lack of a peaceful environment for the Republic of Kenya to engage it in negotiations to agree on the demarcation of their maritime boundary in the Indian Ocean; the Federal Government of Somalia having not raised any objection with the boundary as The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}