13th December 2009 ELDH Statement for the Right to Self-Determination of the Sahrawi People

Professor Bill Bowring, President (London)

Professeure Monique CHEMILLIER- GENDREAU, Présidente d’honneur (Paris)

Thomas SCHMIDT (Rechtsanwalt) Secretary General (Duesseldorf)

Last September the ELDH Secretary General, Thomas Schmidt, visited the refugee camps of the Sahrawi

People in South-West Algeria, near Tindouf. He had extensive discussions with the families of Sahrawi

people who had been detained and subjected to forced “disappearance” in the zone occupied by Morocco.

He also spoke to the Sahrawi Human Rights association AFAPREDESA, to members of the exiled

Government, and to the exiled Constitutional Council.

For the last 35 years around 160.000 Sahrawi people in the refugee camps, as well as several hundred

thousand Sahrawi in the part of Western Sahara occupied by Morocco, have been denied by Morocco the

exercise of their right to self-determination. They are entitled in international law to a referendum that would

give them the possibility to vote for the independence of Western Sahara. The Kingdom of Morocco has

ignored numerous resolutions of the UN Security Council, as well as the Advisory Opinion of the International

Court of Justice of 1975. The Court held that it had not “found legal ties [to Morocco or Mauretania] of such a

nature as might affect the application of resolution 1514 (XV) in the decolonization of Western Sahara and, in

particular, of the principle of self-determination

through the free and genuine expression of the will of the peoples of the Territory.” (para 162, Opinion of 16

October 1975). Morocco’s actions are therefore unlawful in international law.

Morocco uses the passage of time to create “facts on the ground”, in particular to settle Moroccan citizens in

the occupied zone in Western Sahara and to exploit the natural resources of Western Sahara. Even the

European Union has – in spite of the protest of the Swedish Government – repeatedly concluded fisheries

partnership agreements with Morocco, which allow access to the fishing fields in coastal waters of Western

Sahara. These agreements violate international law.

The Sahrawi people in the part of Western Sahara which is occupied by Morocco are the victims of severe

oppression in exercising their right to free and peaceful expression of their views, in particular their opinions

concerning the future of Western Sahara and its independence.

The latest example is that of the human rights defender Aminatou Haidar, a Sahrawi woman, who lives in the

occupied zone and who has a Moroccan passport. On 13 November 2009, on her return to El-Aaiún after

she had been awarded the Robert F. Kennedy Civil Courage Prize, which is awarded every year "for

steadfast resistance to evil at great personal risk", she was arrested and her passport was taken away. The

reason given was that in the Moroccan landing card she had given her home as "Western Sahara" rather

than "Moroccan Sahara". After one night at the airport she was expelled to Spain, where she has been on

hunger strike since 15th November 2009.

In another case seven human rights activists who live in the occupied zone were arrested in October 2009 in

Casablanca after visiting their families in the refugee camps. They have now been charged with treason, and

will be tried before a Moroccan military tribunal.

These are just a few examples of human rights violations in the part of Western Sahara occupied by

Morocco.

The ELDH demands from the Moroccan Government

 The recognition of the right to self-determination of the Sahrawi people, including the right to decide

upon independence for Western Sahara, and respect for and compliance with the resolutions of the UN

Security Council concerning Western Sahara

 To end all human rights violations in the part of Western Sahara, occupied by Morocco and to respect

the international treaties which it has ratified

 To return Aminatou Haidar’s passport and identity card, and allow her to return to Western Sahara

immediately and unconditionally

 To ensure that Aminatou Haidar’s access to her bank account is not blocked by the security forces

ELDH will also continue to support the right of peoples to self determination, as well as the protection of

human rights in other territories, such as the Basque Country, Ireland, Kurdistan or Palestine.

This may include further visits to the refugee camps, to the part of Western Sahara, occupied by Morocco,

and the observation of so called legal proceedings against Sahrawi people before the Moroccan courts. All

colleagues who wish to participate in such activities are requested to notify their interest

to project-western-sahara@eldh.eu .

Bill Bowring Thomas Schmidt

ELDH President ELDH Secretary General

www.rusadvocat.com