HUMAN RIGHTS SITUATION IN WESTERN SAHARA Presentation to the Portfolio Committee on International Relations and Cooperation Deputy Minister Ebrahim 20 MARCH 2013

Outline of the presentation Brief background Human rights situation in Western Sahara South Africa’s foreign policy on Western Sahara Observations Way forward 2

Brief Background Western Sahara has since 1976 been occupied by the Kingdom of Morocco. Neither the United Nations (UN) nor the African Union (AU) recognises Morocco’s claims of sovereignty over the Western Sahara. The Moroccan claim, that the Western Sahara (in the pre-colonial period) was part of the historic Moroccan Kingdom was rejected by the International Court of Justice (ICJ) in its Advisory Opinion of 16 October The legal status of Western Sahara in the 4 th Committee of United Nations General assembly (UNGA) is clear, it is a non-self- governing territory awaiting decolonisation through a referendum on self-determination. -

Human Situation in Western Sahara The situation in the Western Sahara occupied territories continues to deteriorate due to the delay in resolving the dispute. The human rights violations are characterised by the disappearance of Saharawi human rights activists, the torture of prisoners of conscience, arbitrary detention, police brutality, intimidation and extrajudicial executions. The violation of the rights to freedom of expression, freedom of assembly and freedom of association of Saharawis continue to be suppressed in the Western Sahara occupied territories. Furthermore a media blackout imposed by Morocco in the occupied territories continues to deprive the international community from being exposed to the rampant human rights violations committed against the Saharawis. 4

Human Situation in Western Sahara cont. The absence of a human rights component in the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) has exacerbated the dire human rights situation in the occupied territories. 5

Human Situation in Western Sahara cont.. The Robert F. Kennedy Centre visited occupied territories and the Saharawi refugee camps in Tindouf, Algeria in The following findings were reported: In the Western Sahara occupied territories the delegation experienced firsthand the brutalities committed by Moroccan security forces against the Saharawi people; The delegation was also subjected to intimidation and harassment by the Moroccan security forces which obstructed their ability to work; There is a pattern of violence against the Saharawi people who openly advocate the independence of Western Sahara; and The Saharawi human rights defenders are prohibited from registering as civil society organizations 6

Report by the Special Representative of the UNSG for Western Sahara to the UNSC The Special Representative of the UNSG for Western Sahara, Amb. Christopher Ross’ report to the Security Council on 28 November 2012 on the situation in the Western Sahara occupied territories noted the following: There is continuous police repression of the Saharawi people living in the occupied territories; The Saharawi people do not benefit from the natural resources that are illegally exploited in Western Sahara, considered to be a non- self governing territory by the UN; and None of the security forces in Western Sahara are Saharawis, but are instead from Morocco. 7

The UNSG Annual Report on Western Sahara The UNSG Mr Ban Ki-Moon presented the Annual Report on the situation in Western Sahara to the Security Council in April The UNSG noted the following and raised concerns about the human rights violations in the Western Sahara by Moroccan authorities: Highlighted that many Saharawi people are currently facing trial before the Permanent Military Tribunal of the Royal Armed Forces in Rabat; Noted that the use of military or special courts to try civilians raises serious problems as far as the equitable, impartial and independent administration of justice is concerned; and Emphasised that every individual should be tried by ordinary courts or tribunals using established legal procedures in accordance with international human rights instruments. 8

Sentencing of the 25 Saharawi Human Rights Activists On 17 February 2013, 25 Saharawi human rights activists were sentenced by a Moroccan military court. They were detained since 2010 for setting up a protest camp in the Western Sahara town of Gdeim Izik against Morocco’s repression of the Saharawi people. The sentences given to these activists range from two years to life imprisonment. According to international law, a Moroccan military court does not have the jurisdiction to prosecute acts and events taking place in Western Sahara 9

Sentencing of the 25 Saharawi Human Rights Activists cont. Several international bodies issued statements condemning the sentencing, among them, Amnesty International and the African Commission on Human and People’s Rights (ACHPR); On 04 March 2013 South Africa issued a statement condemning the sentencing of the 25 Saharawi human rights activists; South Africa also urged Morocco to release all political and prisoners of conscience as a means to begin meaningful negotiations with the POLISARIO Front. 10

South Africa’s Foreign Policy on Western Sahara: A matter of principle The right to self-determination was the basis upon which the democratic South Africa (SA) was founded. Contradiction of this sacred principle vis-a-vis the issue of Western Sahara would constitute a betrayal of its painful struggle and commitment to respect the Charter of the UN and the Constitutive act of the AU. SA supports the ongoing UN efforts aimed at achieving a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara. 11

South Africa’s Foreign Policy on Western Sahara cont. South Africa’s support for the self-determination of Western Sahara is based on the following principles: The principles of multilateralism and international legality in seeking a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara; The centrality of the African Union and United Nations in the resolution of the conflict; The Constitutive Act of the African Union, in particular the principle of the sanctity of inherited colonial borders in Africa and the right of peoples of former colonial territories to self-determination and independence;

South Africa’s Foreign Policy on Western Sahara cont. Respect of international human rights law in the occupied territories, notable the right to freedom of association, assembly, movement and expression; Respect of international humanitarian law and support for the provision of humanitarian assistance to the Saharawi refugees in a way that is predictable, sustainable and timely; An end to the illegal exploration and exploitation of the natural resources of Western Sahara in the illegally occupied territory and the discouragement of the involvement of foreign companies in such activities; and Support for the integration and stability of the Arab Maghreb Union as a building block of the African Union.

Observations The sentencing of the 25 human rights activists serves as a confirmation that the non-resolution of the Western Sahara conflict perpetuates the extension of the suffering of the Saharawi people who continue to live under difficult circumstances in the occupied territories; The presence of Morocco in the UNSC has stifled attempts aimed at including a human rights component in MINURSO; and South Africa’s representative at the UN has continued to reiterate the need for UN Resolutions to be implemented and the right of self- determination of the Western Sahara to be respected.

Way Forward There is a need for intensified efforts by the allies of the Saharawi Arab Democratic Republic i.e SA, Algeria, Angola and Nigeria, etc., aimed at exerting pressure on Morocco to comply with international law and UN Resolutions; The African Union should have greater participation in the negotiations between the POLISARIO Front and Morocco; The mandate of MINURSO should be expanded to incorporate a human rights monitoring mechanism The United Nations should urgently expedite the resolution of the issue of Western Sahara, by taking all the necessary measures for the organization of a referendum for self-determination of the people of Western Sahara in accordance with the relevant African Union decisions and United Nations Resolutions. 15

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