GAROWE, Puntland – The government of Puntland has reaffirmed its claim that it has the constitutional authority to manage and regulate natural and marine resources within its territory, saying no foreign government or private company can operate in its waters without its approval.
In a public statement, the semi-autonomous Somali region said the marine and blue economy resources along its approximately 1,600km (1,000-mile) coastline on the Indian Ocean and the Gulf of Aden fall under its constitutional jurisdiction. It cited both Somalia’s Provisional Federal Constitution and the Constitution of Puntland State of Somalia as the legal basis for its position.
The statement specifically said that foreign entities, including the Turkish company SOMTURK, must obtain prior authorisation from Puntland authorities before undertaking fisheries, coastguard or other activities in Puntland’s territorial waters.
Puntland argued that Somalia’s federal system requires consultation and cooperation between the Federal Government of Somalia and the country’s federal member states on issues relating to the management of natural resources. It said the powers and responsibilities of the federal government and regional administrations remain subject to constitutional provisions and ongoing negotiations.
The regional administration also maintained that the current federal authorities do not have the legal authority to grant concessions or sign investment agreements affecting Puntland’s land or maritime territory without Puntland’s consent. It cited several provisions of the Provisional Federal Constitution, including those governing cooperation between the federal government and federal member states, as well as provisions of the Puntland constitution recognising regional ownership and management of local resources.
Puntland warned that any individual, company or government entity carrying out activities within its land or territorial waters without prior approval would be subject to inspection and enforcement measures under Puntland law.
Despite the warning, the administration said it remains committed to constructive engagement with the Federal Government of Somalia, international partners and foreign governments. It added that it welcomes investment and economic cooperation that respects Somalia’s federal constitutional framework and Puntland’s constitutional responsibilities.
The statement concluded by saying Puntland values its partnerships with international partners and foreign investors and remains committed to cooperation based on constitutional principles, mutual respect, transparency and the rule of law.
