PROPOSITION DE RÉSOLUTION sur la situation au Sahara occidental
23.11.2010
conformément à l'article 110, paragraphe 2, du règlement
Raül Romeva i Rueda, Nicole Kiil-Nielsen, Ulrike Lunacek, Hélène Flautre, Jill Evans, Oriol Junqueras Vies, Judith Sargentini, François Alfonsi, Isabella Lövin, Barbara Lochbihler, Michèle Rivasi, Catherine Grèze, Frieda Brepoels, Martin Häusling, Jean Lambert, Bart Staes, Franziska Keller and José Bové au nom du groupe Verts/ALE
Voir aussi la proposition de résolution commune RC-B7-0675/2010
B7‑0676/2010
Résolution du Parlement européen sur la situation au Sahara occidental
Le Parlement européen,
– vu ses diverses résolutions antérieures sur l'Afghanistan et, notamment, sa résolution du 27 octobre 2005,
– vu le Pacte international relatif aux droits civils et politiques, qui a été ratifié par le Maroc le 3 mai 1979,
– vu l'accord de partenariat et de coopération entre l'Union européenne et le Maroc, entré en vigueur le 1er mars 2000,
– having regard to the EU-Morocco Action Plan negotiated in 2004 and its latest progress report of 12 May 2010,
– having regard to outcome of the Universal Periodic Review on Morocco of 22 May 2008 conducted within the UNHRC,
– vu les conclusions du rapport de la délégation ad hoc du Parlement européen de mars 2009,
– having regard to the resolutions of the UN Security Council on Western Sahara, in particular resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009) and 1920 (2010),
– vu le dernier rapport du Secrétaire général au Conseil de sécurité sur la situation au Sahara occidental (6 avril 2010),
– vu la déclaration du porte-parole de la Haute représentante, Mme Catherine Ashton, le 10 novembre 2010, sur le Sahara occidental,
– vu l'article 110, paragraphe 2, de son règlement,
A. whereas since October 2010 about 20 000 Sahrawi citizens have moved out of the city of El-Aaiun to build camps 12 km from the capital to peacefully protest against the Moroccan occupation of their home country and against marginalization, poor living conditions, natural resources theft and human rights abuses; whereas this initiative represents the biggest anti-government demonstration since decades in the disputed territory,
B. whereas on 24 October 2010 the Moroccan security forces opened fire on a car full of Sahrawi civilians who were trying to join the protest camps near El-Aaiun and whereas Najem El Garhiand, 14 years old, died on the spot and five others were injured,
C. whereas on 8 November 2010 at least twelve people, including police and security officials, were killed during Moroccan security forces' action aiming at dismantling the protest camp of Gadaym Izik; whereas there have also been reports of a significant number of wounded civilians as security forces used teargas and batons to clear the camp,
D. whereas these incidents coincided with the start of new informal United Nations mediated talks about the future of Western Sahara between the Moroccan authorities and the Polisario Front,
E. whereas security measures were put in place in El-Aaiun and other cities of Western Sahara which led to the arrest of at least five human rights defenders: Mr Ennaama Asfari, co-President of CORELSO, Mr Al-Salmani Mohammed, member of AMDH, Mr Banka Al-Shaikh and Mr Isma'el Brahim, members of AMDH respectively in Asa and El-Aaiun and Brahim Elansari, local representative of HRW,
F. whereas international human rights organisations fear that many other human rights defenders have also been subjected to arbitrary arrest and incommunicado detention since the attack of the protest camp,
G. whereas a number of Sahrawi activists, including human rights defenders, such as Brahim Dahane, Ali Salem Tamek and Ahmed Nasiri have been accused of undermining Morocco's internal security and have been incarcerated for over a year after having visited refugee camps in Algeria,
H. whereas the Working Group on Enforced and Involuntary Disappearances noted in the context of the Universal Periodic Review (UPR) on Morocco that the majority of the cases of disappearances concerned persons who are reportedly known or suspected supporters of the Polisario Front,
I. whereas Front Polisario police official Mostapha Selma Sidi Mouloud was arrested by Polisario security forces after having declared his support for Morocco's autonomy plan for Western Sahara; whereas Mostapha Selma Sidi Mouloud has been accused of espionage in a statement delivered on 23 September 2010 by Polisario officals and stressing that he is still held incommunicado,
J. recalling relevant UN Security Council resolutions on Western Sahara and reaffirming its strong support for the efforts of the United Nations Secretary-General and his Personal Envoy to assist the parties to achieve a just, lasting and mutually acceptable political solution, which will allow the self-determination of the people of Western Sahara,
K. whereas the Security Council stressed in its resolution of 30 April 2010 which extended the mandate of UN Mission for Referendum in Western Sahara (MINURSO) until April 2011 that the status quo is unacceptable in the long term and that progress in the negotiations is essential in order to improve the quality of life of the people of Western Sahara in all its aspects,
L. whereas the EU must respect its international commitments, and its own Treaties, in all its activities and policies that concern the Western Sahara; pointing out in this regard that any new agreement between the EU and Morocco such as fisheries agreement to be renewed in 2011 and the agreement concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products must comply with EU's obligations under international law when it affects Western Sahara while including a human rights clause as essential element of the agreement,
M. recalling that Morocco is the first country in the southern Mediterranean region to benefit from the advanced status in its relations with the EU and is committed to promote, protect and respect human rights in accordance with Article 2 of the Association Agreement and its Action Plan under the European Neighbourhood Policy,
1. Expresses its greatest concern about the significant deterioration of the situation in Western Sahara and strongly condemns the incidents which took place in the protest camp of Gadaym Izik which led to a significant number of deaths and injuries, including the killing of Najem El Garhiand;
2. Urges the Moroccan authorities to launch urgently an investigation that meets international standards of independence, impartiality, transparency, promptness and effectiveness into these events to be conducted under the auspices of the United Nations in order to clarify the circumstances and to guarantee that those responsible are held accountable;
3. Emphasizes the call of the Secretary-General of the United Nations to each party to remain engaged in continuous and constructive dialogue with the office of the UN High Commissioner for Human Rights (OHCHR) with a view to ensuring respect for the human rights of the people of Western Sahara, both inside the Territory and in the refugee camps; insists however on the necessity to call on the UN bodies to propose the setting up of a human rights monitoring mechanism in Western Sahara either through the extension of the mandate of the MINURSO or through a coordinated initiative by the OHCHR;
4. Calls on the parties to illustrate further political will towards a solution and stresses the importance of credible and transparent talks held under the auspices of the Secretary-General of the United Nations and of his Personal Envoy;
5. Calls on the Moroccan authorities to put an end to this policy of persecution and harassment of Sahrawi activists, human rights defenders and their families and to immediately release all prisoners of conscience in a view to complying with relevant International Human Rights Law to which Morocco is a party;
6. Calls on the Moroccan government to ensure unfettered access to Western Sahara's territory for UN Special procedures and to allow journalists to operate freely;
7. Urges the Polisario Front to allow the access to the United Nations High Commissioner for Refugees (HCR) to the camps of Tindouf in order to inform the populations about their right to leave these camps and the possibility to resettle on a voluntary basis;
8. Calls on the Commission to ensure that the necessary humanitarian aid with increased funding be allocated to the about 165, 000 Sahrawi refugees living in the region of Tindouf in order to help them to meet their basic needs for food, water, housing and medical care and to improve their living conditions;
9. Reminds the Moroccan authorities about its commitments to promoting the rule of law and respect for fundamental freedoms and rights in accordance with international standards; stresses that meeting these commitments is essential to the development and reinforcement of relations between the European Union and Morocco;
10. Calls on the HR/VP to make every effort so as to reach a strong common position within the Council in order to condemn the recent events and to find ways so as to bring forward the peace process under the auspices of the United Nations; urges the HR/VP to convene a meeting with the Moroccan government in order to address the situation in Western Sahara and to adopt a roadmap with concrete benchmarks and clear timelines;
11. Urges the Polisario Front to disclose the whereabouts of Mostapha Selma Sidi Mouloud and to release him immediately;
12. Notes that the EP Legal Service has delivered an opinion (SJ 269/09) that raised concerns about the legality of the current EU-Morocco Fisheries Partnership Agreement, given the fact that EU vessels operate in the waters off the Western Sahara under the terms of the agreement, and that the agreement as currently implemented does not fully respect the conditions described in the Correl opinion to the UN Security Council (S/2002/161);
13. Considers therefore that any renewed agreement with Morocco would need to be assessed as to its conformity with international law and thus with the Treaties and expresses its resolve to request the opinion of the Court of Justice on the compatibility with the Treaties of any such future agreement in accordance with Article 218(11) of the TFEU;
14. Asks its Conference of Presidents to discuss in its upcoming meeting all ways to help the dialogue between all parties;
15. Instructs its President to forward this resolution to the Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, the UN Secretary General, the Secretary-General of the African Union, the EP Delegation for the Relations with the Maghreb Countries, as well as the Bureau of the Euro Mediterranean Parliamentary Assembly, the Parliament and Government of Morocco and Algeria, the Polisario Front and the Presidency of the RASD.