MOTION FOR A RESOLUTION on Western Sahara
23.11.2010
pursuant to Rule 110(2) of the Rules of Procedure
Willy Meyer, João Ferreira, Rui Tavares, Sabine Lösing, Jacky Hénin, Elie Hoarau, Patrick Le Hyaric, Miguel Portas, Ilda Figueiredo, Marisa Matias, Marie-Christine Vergiat on behalf of the GUE/NGL Group
See also joint motion for a resolution RC-B7-0675/2010
B7‑0680/2010
European Parliament resolution on Western Sahara
The European Parliament,
– having regard to the Euro-Mediterranean Agreement establishing an association between the European Union and the Member States on the one hand, and the Kingdom of Morocco on the other, especially Article 2 of that agreement,
– having regard to the International Covenant on Civil and Political Rights of the United Nations, signed by the Kingdom of Morocco,
– having regard to United Nations resolutions 1754, 1783, 1813, 1920 as well as all previous UN resolutions with reference to the conflict in Western Sahara as an issue of decolonisation, the solution to which must be based on the right to self-determination of the Saharawi people,
– having regard to the UN Secretary-General's reports to the Security Council on Western Sahara of 14 April 2008 and on 6 April 2010,
– having regard to the report of the EP Ad hoc Delegation of March 2009, especially its recommendations on the respect and observance of human rights in Western Sahara,
– having regard to reports from Amnesty International, Human Rights Watch and the World Organisation Against Torture, as well as the 2008 report of the UN High Commissioner for Human Rights, that confirm serious violations of human rights in Western Sahara perpetrated by Morocco,
– having regard to its previous resolutions on Western Sahara, in particular that of 27 October 2005,
– having regard to Rule 110(2) of its Rules of Procedure,
A. whereas on the 9 October more than 20,000 Sahrawians left El Aaiun, setting up a camp of 8,000 tents, to peacefully protest against the untenable political and socio-economic situation of the inhabitants of these territories,
B. whereas on Sunday, 24 October Garhi Najem, a 14 year old Sahrawi, was killed and five others were injured by Moroccan security forces while they were trying to reach Gdeim Izik camp on the outskirts of El Aaiun,
C. whereas on the 8 November the Moroccan Army and police conducted a brutal assault against the camp resulting in the massacre of over a dozen people, among them Spanish citizen Bani Hamadi Bujemaa, injuring thousands, and arresting hundreds of those who were in the camp,
D. whereas after the assault there was a protest in El Aaiun that was harshly repressed, with an excessive use of force, torture, destruction of Saharawi homes and attacks by Moroccan settlers against inhabitants,
E. whereas the Kingdom of Morocco has blocked the territory of Western Sahara, refusing entry to independent observers, and whereas several members of Parliaments, among them MEP Willy Meyer, were not allowed to arrive to El Aaiun,
F. whereas due to this Moroccan blockade there is a black-out of information,
G. whereas hundreds of Saharawi are still detained without any contact with their families, and whereas 8 of them have been sent to a military tribunal, among them Ennaâma Asafari, co-president of CORELSO,
H. whereas several Saharawi human rights defenders such as Ali Salem Tamek, Brahim Dahan and Hammadi Naciri were detained after their return on 8th October 2009 from a visit to the camps and are still in the Moroccan prison of Salé without having been judged,
I. considering that Western Sahara is a non-self-governing territory under UN control that has not finished its decolonization process,
J. considering that, according to international law, the Kingdom of Morocco not only has no sovereignty over Western Sahara, but is the occupying power,
K. considering that several Saharawi Human Rights organizations, among them CODESA whose President is Aminetu Haidar face harassment and intimidation by Moroccan authorities,
1. Condemns the use of force by Moroccan authorities to dissolve the peaceful demonstration of the camp of Gdeim Izik that has resulted in a tragic loss of tens of lives and many other casualties;
2. Asks for an impartial an international investigation under the auspices of UN in order to clarify the circumstances surrounding the loss of innocent lives to prevent that such a situation occurs in the future;
3. Demands that the Commission and Council freeze the Association Agreement between the EU and the Kingdom of Morocco and paralyze the Advanced Status until the Kingdom of Morocco fulfils international legislation, in particular, the UN resolutions with reference to the holding of a referendum on self-determination in Western Sahara, and the conclusion of the decolonization process to put an end to the occupation by Morocco;
4. Asks the EU to demand that the Kingdom of Morocco respect international law regarding the destruction of the natural resources of Western Sahara, especially regarding the EU- Morocco Fisheries Agreement;
5. Reiterates that Morocco's sovereignty over Western Sahara has never been recognized by international law, as noted by the opinion of the International Court of Justice in The Hague in October 1975; states that Morocco is illegally occupying the territory of Western Sahara and has not, therefore, any sovereignty over its natural resources, particularly over fisheries resources; stresses that, in accordance with international law, the activities of fishing under the Fisheries Agreement EU-Morocco are authorized only in waters north of latitude 27º40'N;
6. Denounces the arbitrary persecution and repression of innocent people in Morocco and requires the Kingdom of Morocco to end these actions;
7. Demands the Kingdom of Morocco to permit free access and free movement in Western Sahara to independent observers, members of parliaments, to the press and to humanitarian organisations;
8. Expresses its support to the ongoing UN sponsored negotiations, and asks the two parties to cooperate fully with the UN into the ongoing negotiations without preconditions and with good faith in order to reach a solution that will guarantee the exercise of the Saharawi people's inalienable right to self-determination;
9. Supports without reservation the recommendation of the Ad hoc Delegation of the European Parliament which asks that the UN include in its mandate in Western Sahara the follow-up, in situ and without obstacles, on the human rights situation, in order to detect and identify the activities that do not respect human rights;
10. Demands that the European Commission follow-up on the state of human rights in Western Sahara and regularly sends information missions to the area;
11. Denounces the open legal processes against Saharawi activists and urges the European Commission to follow them closely;
12. Asks the Commission and the Council to pressure the Kingdom of Morocco to liberate all the Saharawi human rights activists, political prisoners specially Ali Salem Tamek, Ahmed Alnasiri, Brahim Dahane, in respect of Article 19 of the International Covenant on Civil and Political Rights;
13. Asks the Commission to increase the humanitarian aid to Saharawi refugees in Algeria who have lived for 35 years in precarious conditions and depending on external aid;
14. Decides to send a delegation to Western Sahara in order to observe in situ the human rights situation;
15. Instructs its President to forward this resolution to the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the UN Secretary-General, the president of the UN Human Rights Council, the Secretary-General of the African Union, the European Parliament Delegation for relations with the Maghreb countries and the Arab Maghreb Union, the Bureau of the Euro-Mediterranean Parliamentary Assembly, the Parliament and Government of Spain and of Morocco, and the Polisario Front.