The international observatory Western Sahara Resource Watch (WSRW) called on the European Union (EU) on Sunday to “immediately” initiate exploratory discussions with the Polisario Front to develop bilateral relations with Western Sahara, particularly regarding fishing and trade, following the European Court of Justice’s cancellation of two trade agreements between the EU and Morocco.
In its ruling on Friday, the EU Court reminded that the Polisario Front is “a privileged interlocutor in the process led by the United Nations to determine the future status of Western Sahara.”
In a previous ruling in September 2021, the same Court emphasised that consent must be obtained through the representation of the Sahrawi people, recognised by the UN, namely the Polisario Front. This clarification responded to the approach adopted by the European Commission regarding earlier decisions on the trade agreement and the fishing agreement. The Commission had negotiated with Morocco to modify the two agreements to include the term “Western Sahara” in their geographic scope.
Rather than seeking consent from the people of Western Sahara, as stipulated by the Court, the Commission had organised a consultation with Moroccan stakeholders.
In this context, the observatory advocates for the adoption of a “strict” European policy of differentiation between Morocco and Western Sahara for all EU transactions, which “ensures that the EU respects its legislation and jurisprudence regarding the separate and distinct status of Western Sahara, and the consent of the Sahrawi people.”
WSRW urges the EU to include a territorial clause in all EU agreements with Morocco, explicitly excluding Western Sahara, and to adopt a legal definition of “Morocco’s territory” in all EU legal acts in accordance with the EU Court’s jurisprudence on territorial scope.
The NGO demands that the Union “ask Morocco to reimburse all past and current funds illegally granted by the EU in relation to Western Sahara” and also recommends the suspension of all current and future EU and Member State funding that “directly or indirectly contributes to reinforcing Morocco’s policy of annexation and demographic engineering on the territory.”
It further calls for the EU Anti-Fraud Office (OLAF) to be engaged regarding unpaid customs duties by EU-based importers resulting from the illegal application of the EU-Morocco Association Agreement since 2000.
The organisation, which defends the interests of the Sahrawi people, also calls for the establishment of a Trust Fund, as “the first step towards reparations owed to the Sahrawi people for the damage caused by Morocco’s illegal trade policy and other arrangements that have illegally benefitted the Moroccan occupation for decades.” It further advocates for the appointment of a special EU representative for Western Sahara.
On the political front, the observatory urges the EU to “actively” support the resumption of UN-led conflict resolution efforts and insist that the UN Mission for the Referendum in Western Sahara (MINURSO) receive a mandate on human rights.
Addressing the European Commission and the European External Action Service, the NGO calls for a complete mapping of the EU’s relations with Morocco to identify areas where EU practices conflict with EU legislation and jurisprudence regarding Western Sahara.
In this context, the NGO stresses the need to exclude certification of origin issued by the Moroccan body ONSSA from its authorised lists for any establishments located outside Morocco’s internationally recognised borders, as well as sanitary and food safety certificates issued by Moroccan authorities for products made in Western Sahara.
According to the organisation, the Commission should only accept exports for which “the Polisario Front has given its approval on behalf of the Sahrawi people.”
It advocates the adoption of EU trade guidelines that inform European companies about business activities in occupied territories, including the significant financial risks linked to agreements, contracts, authorisations, and sanitary inspections by the Moroccan occupying forces, which are “legally null and void.”
The observatory concludes its recommendations to the Commission by calling for the EU to “publicly acknowledge its responsibility in concluding illegal agreements between the EU and Morocco concerning Western Sahara” and to “publicly apologise to the Sahrawi people for this misguided policy.”
