Polisario avvisar avtal mellan EU och Marocko
Skapad: 2011-02-17, Senast uppdaterad: 2011-08-13
- Vi är djupt besvikna att EU-Kommissionen försöker få till stånd en förlängning av fiskeavtalet. Vi hoppas EUs medlemsstater avvisar detta. EU-Parlamentets jurister konstaterar att nuvarande avtal bryter mot
folkrätten eftersom det tillåter EU-fiske i Västsaharas vatten. För att ett avta ska följa folkrätten måste det undanta Västsahara! Det skriver Polisario i en PM till EUs förhandlare.
Det borde väga tungt för laglydiga inom EU, eftersom Polisario, som officiell representant för Västsaharas folk, enligt folkrätten har vetorätt när det gäller att utnyttja landets naturresurser!
Proposal of the European Commission to extend the
Protocol to the EU-Morocco Fisheries Partnership Agreement (FPA)
- We are deeply disappointed that the European Commission has proposed a negotiating mandate to seek a one-year extension of the Protocol to the FPA, which is set to expire on 27 February 2011.
- We look to EU Member States to reject this proposal when it is considered by EU fisheries experts and COREPER later this week.
- The European Parliament’s Legal Service has said that the current arrangements under the FPA are illegal in that they allow EU vessels to fish in Western Sahara’s waters.
- To ensure compliance with international law, EU Member States must seek a revised mandate which excludes Western Sahara’s waters. This was the preferred approach of the Commissioner for Maritime Affairs and Fisheries Maria Damanaki.
Applying the EU-Morocco FPA to Western Sahara’s territorial waters is illegal
- The EU’s use of an arrangement with Morocco to gain access to Western Sahara’s territorial waters is illegal, and constitutes implicit recognition of Moroccan sovereignty over Western Sahara, which no country in the EU (or anywhere else) recognises.
This runs counter to the EU’s position of neutrality in the dispute and its purported support for the UN political process.
- Western Sahara’s waters are not Moroccan.
Western Sahara is a Non-Self Governing Territory under the UN Charter, awaiting decolonization and a process of self-determination.
Morocco’s claim to Western Sahara was rejected outright by the International Court of Justice in 1975, and is not recognised by any country in the world.
- The Saharawi people have declared their own state in Western Sahara, the Saharawi Arab Democratic Republic (SADR), which is a full and founding member of the African Union. The SADR Government is led by the Frente POLISARIO.
The SADR declared a 200-nautical mile Exclusive Economic Zone in 2009, which gives the Saharawi people exclusive jurisdiction over the fisheries and other natural resources in Western Sahara’s waters. Morocco has not claimed these waters, and therefore cannot exercise jurisdiction, nor exploit the resources there.
Prior consent and consultation with the Saharawi people are pre-requisites
If Western Sahara’s waters are not excluded from the extended Protocol, international law on Non-Self-Governing Territories requires that the exploitation of its fisheries must be in accordance with the interests AND the wishes of the Saharawi people.
As noted by UN Legal Counsel Hans Corell, prior consultation with, and
the consent of the Saharawi people must be the starting point for any arrangement with respect to Western Sahara’s natural resources.
This obligation falls not only on Morocco, but also on the EU as the main beneficiary of the exploitation of Western Sahara’s fisheries (the value of the fisheries taken by EU vessels is much more than the €36 million paid annually by the EU).
- We understand the EU may be considering information provided by Morocco on the alleged benefits that flow to the people of Western Sahara under the FPA.
Information provided by Morocco – an illegal occupier in Western Sahara – cannot cure the illegality of the FPA, nor satisfy the separate requirement of the consent of the Saharawi people.
Any information provided by Morocco must be made available for objective scrutiny by EU Member States, the Frente POLISARIO and the Saharawi people.
Interim extension of the current FPA Protocol
- Like a full renewal, any interim extension of the FPA Protocol (including the Commission’s 11 February proposal of a one-year extension) would only have the consequence of prolonging the EU’s illegal fishing.
If EU Member States fail to exclude Western Sahara’s waters and to seek the prior consent of the Saharawi people, they risk a confrontation with the European Parliament (whose Legal Service has found that implementation of the FPA is illegal), possible legal challenges in the European Court of Justice, and a very public exposure at the United Nations.
Beissat: +32 (489) 54 77 27
Acting Representative of the Frente POLISARIO to the EU
|POLISARIO Aide Memoire FPA renewal meetings on 15 Feb.doc||610 kB|