BRUSSELS, 6 April 2010

Press Statement

by Mohamed Khaddad,  Saharawi Coordinator with MINURSO

 
Introduction

 I welcome the opportunity to brief you on  recent developments in the question of the Western Sahara on the eve of an important report of UN Secretary general.
Of course, Europe is central to the historical, cultural and legal dimensions of the dispute over Western Sahara .  The previous colonial power, Spain , withdrew from the Territory in 1975, allowing an illegal invasion and occupation by Morocco that persists to this day.  Western Sahara is now the last colony in Africa.
The EU’s international credibility depends on how it interacts with its immediate neighbours.   Frankly, the EU – in particular France and Spain – has little to be proud of in Western Sahara, allowing the narrow bilateral interests of two countries to override the imperative of a foreign policy based on human rights and respect for international law.
This is disappointing – it is in the EU’s interest to help to resolve the conflict once and for all.  For example, it is widely acknowledged that there is little prospect of further regional integration in the Maghreb, nor development of stronger ties between the EU and Maghreb countries, without progress on the Western Sahara issue.
In general, I would like to update you on three main issues:  the UN negotiating process, the recent deterioration in the human rights situation in Western Sahara, and the ongoing theft of Western Sahara ’s natural resources, in which the EU is unfortunately complicit.
I also want to use this opportunity to announce an important initiative from the government of Western Sahara, led by the Frente POLISARIO.  It is intended to help build confidence and momentum in the UN-led negotiations on the decolonization of Africa’s last colony.

Recent talks / UN process / new initiative

First, the UN talks.
The UN Secretary-General in January 2009 appointed former US Ambassador Christopher Ross as his Personal Envoy for Western Sahara, tasked with taking forward direct negotiations between Morocco and the POLISARIO after the largely failed efforts of Dutch diplomat Peter van Walsum.
Over the past 12 months, the parties met twice – once in Dürnstein , Austria (in August), and again in Armonk (on the outskirts of New York ) in February.  Ambassador Ross has also taken the opportunity to visit the region twice, seeking to scope out the range of options available in seeking to find a solution to the dispute.
In general, the talks are stuck, with Morocco sticking to its untenable position that any solution must be based on autonomy for Western Sahara under Moroccan sovereignty
 It was categorically rejected by the International Court of Justice in 1975.
 
The territory could be part of Morocco if, and only if, that is the free and voluntary choice of the people of Western Sahara .
The countries of the region would not accept a solution that, in the absence of a free vote, legitimized territorial acquisition by the illegal use of force.

The African Union, of which the Saharawi Arab Democratic Republic is full member, has always maintained the position that there should be no change to the borders inherited from the colonial era.

 Both parties must be prepared to engage in the negotiations in good faith, and without pre-conditions.
 The only need from the POLISARIO side is that any solution provide for the self-determination of the people of Western Sahara .
This is not a negotiating position, but a basic requirement under international law: self-determination is a fundamental human right.
 
Human rights

The past six months have seen a very rapid and serious deterioration of the human rights situation in Western Sahara .
There has been a serious crackdown by Moroccan authorities against all Saharawi activists and human rights defenders speaking out in favour of a process of self-determination for the people of Western Sahara
In October, the Moroccan King made an unprecedented and inflammatory speech, indicating that those challenging Morocco ’s so-called “territorial integrity” over its “southern provinces” would be treated as “traitors”.

The King has made good on this promise:
More well-known to some of you will be the expulsion in November last year of Western Sahara’s most famous human rights defender, Aminatou Haidar, from her home in El Aaiun.  She was only allowed to return after a 32-day hunger strike and significant international pressure on Morocco , including from its traditional allies, at the very highest levels.  

The absence of any UN human rights monitoring capacity is frankly a disgrace to the UN, the Security Council and the international community as a whole

The UN Mission in Western Sahara is the only mission established since 1978 anywhere in the world not to have a human rights capacity.
 
Following a visit to the region in 2006, the Office of the UN High Commissioner for Human Rights recommended that there be human rights monitoring in the Territory and in the Saharawi refugee camps.

Reputable international human rights organizations – including Amnesty International and Human Rights Watch – have made the same recommendation.

Despite intense pressure from Moroccan and French representatives in New York , we hope the UN Secretary-General will take a principled stand and use his imminent report on the situation in Western Sahara to recommend that the Security Council implement a human rights monitoring mechanism.

The POLISARIO looks to principled EU members of the Council – the UK and Austria , in particular – to make this a reality.

For the POLISARIO, we recognize that serious UN engagement on the question of human rights is central to restoring faith and confidence in the UN political process.  And we recognize that reciprocity is essential.
That is why we are confirming here today, officially, that the POLISARIO would welcome UN human rights monitors in the Tindouf refugee camps.
We now call on Morocco to do the same in the Western Saharan Territory it presently occupies, with a view to building confidence and trust in the negotiating process.  
If it does not, it clearly raises the question as to whether Morocco has something to hide.  
It is an other sad indication of Morocco's attitude that all familily separated by the wall of shame visits have now been blocked by the Moroccan side.

Natural resources

 Finally, I wanted to raise another issue undermining confidence in the negotiating process - the illegal exploitation of the rich natural resources in Western Sahara
 
It is a fundamental principle of international law that the people of a Territory that is yet to attain full self-government has permanent sovereignty over the natural resources of that Territory - any exploitation of those natural resources must be with their consent.
 
In Western Sahara , Morocco has completely ignored such obligations, preferring instead to steal Western Saharan phosphates and fish to the tune of more than $2 billion annually.
 
 EU governments are complicit in this process.
 
For example, the EU has signed a fisheries agreement with Morocco which is used by European vessels to take rich marine resources for Western Sahara ’s waters.
 
Following similar findings by many independent experts, a recent opinion by the Legal Service of the European Parliament has confirmed that the fisheries agreement is illegal.
 
The POLISARIO has protested, calling on the EU to suspend the agreement immediately, or to otherwise ensure that its vessels do not fish Western Sahara ’s waters.
 
The only way to avoid further prejudice to the interests of the people of Western Sahara is to ensure that this theft is halted, or to otherwise ensure that the benefits derived from such resources are put in trust or placed under international administration until the dispute over Western Sahara is resolved.
 
 In the meantime, the POLISARIO is keeping all legal options on the table, including a possible challenge in the European courts.

Conclusion:

I want to finish by emphatising these two points:
Thank you.
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