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By Julian Oschmann

Demand the Self-Determination of Western Sahara

“If you had the opportunity, what actions would you demand of the

United Nations Secretary and why?”

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A.

THESIS: DEMAND THE UN SECRETARY GENERAL *  To Raise awareness of the severely neglected situation in

Western Sahara (“WS“), making an end to an illegal occupation, allowing the Sahrawis1 self-determination

*  To remind the MEMBER STATES OF THE EU of Article 41 (UN Articles on State responsibility) that “no state shall recognize as lawful situation created by serious breach, nor render aid or assistance in maintaining that situation”

1 People of Western Sahara

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MY MOTIVATION

Personal Involvement My Values During my time as an intern at the international law firm Cleary Gottlieb, I was involved in managing a pro-bono case about the EU acquiring illegal fishing rights from Morocco regarding the coast of Western Sahara. We came to the conclusion that:

a)  Morocco is illegally occupying Western Sahara

b)  Under international law, the Sahrawis have a right to self-determination

The implications of living in a non-democratic country, are constantly visible to me through the daily struggles my Iranian relatives face.

However while countries such as Iran receive considerable public attention, the Western Sahara remains a ‘silent’ issue. I believe that above majority and minority rights stand individual rights. Every Sahrawi has the right to make their own voice count

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INTRODUCTION

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Western Sahara

After Spain relinquished control of Western Sahara in 1975 to Morocco and Mauritania, the country has

been in a constant state of unrest.

Today, its majority is occupied by Morocco, while a small part is under the control of POLISARIO, a West Saharan political and military organisation. Human

rights abuses take place in both territories.

Population: 500,000 Sahrawis GDP/capita(2012): $2500 (PPP)

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A Brief History

Spanish Rule 1884-1975

After the Berlin Conference of 1884, Spain seized control of Western Sahara

Non Self-Governing Territory 1963

In 1963 the UN listed Western Sahara as a “non self-governing territory” which under international law grants the nation self-determination

Madrid Agreement 1975

In 1975 Spain signed a triparte agreement giving Morocco and Mauretania control over WS. Subsequent war results in partial Moroccan control

Present Day

The EU continues to disregard international law by planning to enter into a new unethical fisheries agreement with Morocco in 2013

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http://www.brandsoftheworld.com/logo/sahara-espanol-0?original=1

http://www.ncnk.org/resources/dprk-news/site-images/Un-flag-

square.png

https://upload.wikimedia.org/wikipedia/commons/3/34/RASD_-

_Commemoration_of_the_30th_independence_day_in_the_Liberated_Ter

ritories_%282005%29.jpg

http://www.bilaterals.org/spip.php?article19666

Most recently, UN Security Council Resolution 1979 of 2011 reaffirmed Morocco’s and POLISARIOS duty to find a solution to the conflict and allow the Sahrawis for self-determination

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WHY IS MOROCCO’S OCCUPATION OF W.S. ILLEGAL?

Security Council’s Hypocrisy Legal Analysis

•  WS does not form part of Morocco. Morocco has no claim or legal title to WS.

•  Morocco has illegally annexed WS and is therefore an occupying power.

•  Under International law, Morocco has the duty to grant Sahrawis self-determination, i.e. through the creation of a sovereign state.

•  Resolution 1979 for the first time acknowledged the necessity to improve human rights in WS.

•  However the Security Council failed to answer South Africa and Nigeria’s calls to create HR monitoring, leaving it the only current UN mission without a human rights mandate.

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CASE STUDY: THE FISHERIES PARTNERSHIP AGREEMENT

Illegality UN Resolution 1514 (XV) states that “in accordance with their freely expressed will and desire (the citizens of non-independent territories) enjoy complete independence and freedom.”

Moroccan authorities have stated that the FPA benefits the people of Western Sahara, but the questioned individuals were mostly illegal Moroccan Settlers

Additionally POLISARIO say that they have have been no efforts to consult the Sahrawi people2.

Morocco is clearly selling off West Saharan fishing rights to the EU for its own profit.

The fisheries partnership agreement (FPA) was adopted by the EU in 2006, allowing EU member fishers to operate on the coast of Morocco, including Western Sahara

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2 Presentation by Assiciate Professor Pal Wrange, Stockholm University, Seminar “The EU and WesternSahara: trading fish, ignoring rights?”, European Parliemant, 7 December 2011

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HOW DO WE ACHIEVE CHANGE?

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Civil movements need a catalyst to spark civil engagement, be it a park in Istanbul or a rise in bus fares in Brazil.

1.  Demand the UN Secretary General to pressurise the EU to stop the plans of entering into a new fisheries agreement

2.  Diplomatic ties between the EU and Morocco will worsen

3.  Public attention will shift to the people suffering under the agreement (i.e. the Sahrawis) thus giving them a chance of self-determination

Step by step

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THANK YOU! *  Powerpoint Theme “Chalk Dust”, by 83 Munkis. License Acquired.

*  Unless stated otherwise, all pictures are property of Julian Oschmann