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Somalia at a critical juncture, as federal, state leaders, meet to break election impasse

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Somalia continues to suffer chronic humanitarian crises, with recurring cycles of floods and drought, compounded in 2020 by desert locusts and COVID-19. Photo: UNSOM

With elections slated for November delayed due to COVID-19, Somalia is at a critical juncture, the top United Nations official in the country told the Security Council on Thursday, pressing federal and state leaders to agree on voting modalities, and bolster the capacity of forces which are meant to assume full control of national security, next year.

“We understand that there are strongly held divergent views among the leaders and political tensions are high in this pre-electoral period”, said James Swan, Special Representative and head of the UN Assistance Mission in Somalia (UNSOM).  “Yet, it is precisely during such moments that it is most necessary for the nation’s leaders to engage in dialogue.” 

He described the current dilemma to ambassadors, whereby Parliament must be elected through universal direct suffrage, according to the Provisional Federal Constitution. 

However, the Constitution also stipulates that Parliamentary elections must be held every four years – meaning that elections are due by the end of this coming November.  It is impossible to satisfy both of these requirements, he said. Broad agreement is needed.

Leaders convene

In an effort to reach a compromise, Somali leaders convened in Dhusamareeb this week, he said, commending President Mohamed Abdillahi Mohamed “Farmajo” and the presidents of the Federal member states of Galmudug, Hirshabelle and South West for their participation.  “It is incumbent on Somalia’s leaders to rise to this moment in history and pursue agreement in the national interest”, he asserted.

Upsurge in al-Shabaab attacks

On the security front, he described a “worrying upsurge” in al-Shabaab attacks, particularly in Mogadishu, drawing attention to the 16 August assault on the Elite Hotel and an unquestionable need for “hard security” operations to counter the group. 

Indeed, Somalia is to take the lead on its security matters in 2021, he said, and while Federal authorities have completed a concept note for updating the transition plan, force generation has faced setbacks in meeting 2020 projections, owing to COVID-19.

Floods, drought, locust swarms compound pressures

On the humanitarian front, he described recurring cycles of floods and drought, compounded by desert locusts and COVID-19, stressing that more than 5 million people – one third of Somalia’s population — still require aid, and that the $1 billion Humanitarian Appeal is funded at around 50 per cent. 

He expressed hope that the new Government and Prime Minister, once appointed, will accelerate the reform agenda for national development.

“Progress in Somalia requires a long-term commitment to governance, justice, respect for human rights, and inclusion of women, youth, and minorities to build the nation”, he said.

He also raised objections, in line with other senior UN rights officials, to a bill introduced in Parliament titled, “The Law on Sexual Intercourse Related Crimes”, which would violate protections against child marriage and forced marriage, as well as international human rights commitments to which Somalia is party.

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Ukraine: Commission proposes to criminalise the violation of EU sanctions

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The European Commission is today putting forward a proposal to harmonise criminal offences and penalties for the violation of EU restrictive measures. While the Russian aggression on Ukraine is ongoing, it is paramount that EU restrictive measures are fully implemented and the violation of those measures does not pay off. The Commission proposal sets out common EU rules, which will make it easier to investigate, prosecute and punish violations of restrictive measures in all Member States alike.

Violating EU sanctions is a serious criminal offence

The implementation of EU restrictive measures following the Russian attack on Ukraine shows the complexity of identifying assets owned by oligarchs, who hide them across different jurisdictions through elaborate legal and financial structures. The proposed Directive will establish the same level of penalties in all Member States. Thereby it will close existing legal loopholes and increase the deterrent effect of violating EU sanctions in the first place. The main elements of the proposal include:

  • A list of criminal offences, which violate EU sanctions, such as:
  • making funds or economic resources available to, or for the benefit of, a designated person, entity or body;
  • failing to freeze these funds;
  • enabling the entry of designated people into the territory of a Member State or their transit through the territory of a Member State;
  • entering into transactions with third countries, which are prohibited or restricted by EU restrictive measures;
  • trading in goods or services whose import, export, sale, purchase, transfer, transit or transport is prohibited or restricted;
  • providing financial activities which are prohibited or restricted; or
  • providing other services which are prohibited or restricted, such as legal advisory services, trust services and tax consulting services.
  • Offences will cover circumventing an EU restrictive measure: this means bypassing or attempting to bypass restrictive measures by concealing funds  or concealing the fact that a person is the ultimate owner of funds.
  • Common basic standards for penalties: depending on the offence, the individual person could be liable to a maximum penalty of at least five years in prison; companies could be liable to penalties of no less than 5% of the total worldwide turnover of the legal person (company) in the business year preceding the fining decision.

Next steps

The proposal will now be discussed by the European Parliament and the Council as part of the ordinary co-legislative procedure.

Background

Since the start of the war in Ukraine, the EU has adopted a series of sanctions against Russian and Belarussian individuals and companies. The implementation of EU restrictive measures shows the complexity of identifying assets owned by oligarchs, who hide them across different jurisdictions through complex legal and financial structures. For example, by transferring ownership of sanctioned property to a non-sanctioned third party. They are helped by existing legal loopholes, as the criminal law provisions on breaches of EU sanctions vary across Member States. An inconsistent enforcement of restrictive measures undermines the Union’s ability to speak with one voice.

In May 2022, the Commission proposed to add the violation of EU restrictive measures to the list of EU crimes. At the same time, the Commission proposed new reinforced rules on asset recovery and confiscation, which will also contribute to the implementation of EU restrictive measures. The proposals come in the context of the ‘Freeze and Seize’ Task Force, set up by the Commission in March.

Following the adoption on 28 November of the Council Decision identifying the violation of Union restrictive measures as an area of serious crime that meets the criteria set out in Article 83(1) of the TFEU, the Commission is now putting forward this proposal for a Directive on the violation of Union restrictive measures, as a second step.

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Americans are outraged: US has given about $54B of assistance to Ukraine. The EU only 16B

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On a broadcast of the Fox Business Network’s “Kennedy,” Rep. Tom McClintock (R-CA) said he will not continue to support aid to Ukraine until the European Union matches the aid already provided by the U.S.

We need a complete audit of the money sent by America. There should be assurances that the country hasn’t had an illegitimate relationship with FTX, and “the millions of dollars that were paid to the Biden family by Ukraine over the years isn’t influencing our foreign policy,” said Tom McClintock. (Through this crypto-exchange FTX the Democrats laundered huge amounts of money that were allocated by the US Congress for Ukraine).

McClintock stated, “I supported the initial assistance to Ukraine. Ukraine is primarily a European security issue. Now, you look at the numbers, the United States has given about $54 billion of assistance to Ukraine. And the EU had only 16 billion.

“So, they’ve got about half of our GDP. But they’ve only given about a third of the assistance that we have. Now, given the fact that’s happening right on their doorstep, not on ours. It seems to me they need to at least match what we’ve already done.

“And then I also believe there needs to be a full audit of where our money has gone and we need assurance that Ukraine’s relationship with FTX is entirely legitimate, as Ukraine contends. And I think the American people would also like to be assured that the millions of dollars that were paid to the Biden family by Ukraine over the years isn’t influencing our foreign policy,” said Tom McClintock.

International Affairs

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Europe accuses US of ‘profiting from war’

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Top European officials are furious with Joe Biden’s administration and now accuse the Americans of making a fortune from the war, while EU countries suffer. “The fact is, if you look at it soberly, the country that is most profiting from this war is the U.S. because they are selling more gas and at higher prices, and because they are selling more weapons,” one senior official told POLITICO.

Washington announced a $369 billion industrial subsidy scheme to support green industries under the Inflation Reduction Act that Brussels went into full-blown panic mode. “The Inflation Reduction Act has changed everything,” one EU diplomat said. “Is Washington still our ally or not?”

“We are really at a historic juncture,” the senior EU official said, arguing that the double hit of trade disruption from U.S. subsidies and high energy prices risks turning public opinion against both the war effort and the transatlantic alliance. “America needs to realize that public opinion is shifting in many EU countries.”

The biggest point of tension in recent weeks has been Biden’s green subsidies and taxes that Brussels says unfairly tilt trade away from the EU and threaten to destroy European industries. Despite formal objections from Europe, Washington has so far shown no sign of backing down.

As they attempt to reduce their reliance on Russian energy, EU countries are turning to gas from the U.S. instead — but the price Europeans pay is almost four times as high as the same fuel costs in America. Then there’s the likely surge in orders for American-made military kit as European armies run short after sending weapons to Ukraine.

Officials on both sides of the Atlantic recognize the risks that the increasingly toxic atmosphere will have for the Western alliance.

“The U.S. is following a domestic agenda, which is regrettably protectionist and discriminates against U.S. allies,” said Tonino Picula, the European Parliament’s lead person on the transatlantic relationship.

Cheaper energy has quickly become a huge competitive advantage for American companies, too. Businesses are planning new investments in the U.S. or even relocating their existing businesses away from Europe to American factories. Just this week, chemical multinational Solvay announced t is choosing the U.S. over Europe for new investments, in the latest of a series of similar announcements from key EU industrial giants.

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