IKHALIIL
Suldhaanka
Legal analysis reveals risks of Ethiopia's maritime access to Somalia
Mogadishu (HOL) — A new report from the SIDRA Institute examines the recent Ankara Declaration between Ethiopia and Somalia, providing a legal analysis of the agreement's impact on maritime access and Somalia's sovereignty. Signed on December 12, 2024, the deal grants Ethiopia conditional access...
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Wednesday December 18, 2024
Mogadishu (HOL) — A new report from the SIDRA Institute examines the recent Ankara Declaration between Ethiopia and Somalia, providing a legal analysis of the agreement's impact on maritime access and Somalia's sovereignty. Signed on December 12, 2024, the deal grants Ethiopia conditional access to Somali ports, while ensuring that Somali authorities maintain control over its maritime resources.
The report, titled Maritime Access and Sovereignty: A Legal Analysis of the Ankara Declaration Between Ethiopia and Somalia, offers a legal analysis of the Ankara Declaration, which aims to address a long-standing dispute between the two nations.
The declaration follows months of rising tensions, largely sparked by Ethiopia's controversial Memorandum of Understanding (MoU) with Somaliland, a self-declared independent region of Somalia. This MoU, which aimed to grant Ethiopia access to Somaliland's ports, escalated the diplomatic crisis, leading Somalia to expel Ethiopia's ambassador and block its participation in regional peacekeeping efforts.
The SIDRA report highlights three central legal issues regarding the Ankara Declaration:
- Somalia's Sovereignty: The agreement reaffirms Somalia's complete control over its ports and maritime territory. While Ethiopia is granted access to Somali ports for commercial purposes, Somalia retains oversight of all port operations. The report emphasizes that this arrangement upholds Somalia's sovereignty and aligns with international legal principles.
- Non-binding Nature of the Agreement: The report notes that while the agreement is politically significant, it is not legally binding. Phrases such as "pledged to resolve differences" and "agreed to work together" are aspirational rather than enforceable legal commitments. This leaves the agreement vulnerable to misinterpretations and shifts in political will, potentially undermining Somalia's position if Ethiopia interprets the terms to expand its influence.
- Ethiopia's Maritime Access: Ethiopia's access to Somali ports remains a conditional privilege rather than an inherent right, given Ethiopia's non-signatory status to the United Nations Convention on the Law of the Sea (UNCLOS). The report underscores that Ethiopia's maritime access is entirely dependent on future bilateral agreements, a fact that limits Ethiopia's ability to claim guaranteed access.
One of the report's most significant concerns is the proposed leasing model for Ethiopia's use of Somali ports. The Ankara Declaration includes provisions for leasing arrangements that will be finalized by February 2025. The SIDRA report warns that poorly structured leasing agreements could pose a serious risk to Somalia's sovereignty by granting Ethiopia de facto control over strategic maritime resources.
The report draws attention to historical examples, such as the U.S. lease of Guantanamo Bay and the Chinese lease of Hambantota Port in Sri Lanka, to illustrate how ambiguous leasing terms can lead to long-term disputes over control and sovereignty. The report calls for precise legal language in future agreements to prevent Ethiopia from using Somali ports for military or strategic purposes.
The SIDRA Institute also examines Ethiopia's position under international law, noting that its non-signatory status to UNCLOS weakens its claim to inherent maritime access. Somalia, on the other hand, maintains strong legal grounds for controlling its maritime territory. The report suggests that Somalia should use its sovereign discretion to ensure that future agreements with Ethiopia are clearly defined and protect Somali interests.
The report also advocates for enhanced transparency in Somalia's public communications and negotiations, particularly to prevent misinterpretations of the Ankara Declaration, as seen with Ethiopia's early misrepresentation of the agreement's terms.
