Moroccan group to intervene in EU Court case about occupied Sahara
A Moroccan umbrella association that claims the EU Court of Justice has never suspended the Western Sahara trade, is now to intervene in the EU Court to support the annulment of the suspension (which the association never believed occurred in the first place). Confused? We are too.
This position suggests that the Moroccan confederation of agriculture, which claims to also represent the agro-industry in occupied Western Sahara, has failed to lift a finger to honour the 10 December 2015 judgment of the Court of Justice of the EU (CJEU), annulling the application of the EU trade protocol with Morocco in Western Sahara.
The position of the Moroccan agri-confederation echoes statements from Sweden and the Netherlands in recent months, which say that there is no way to ascertain whether EU member States are today still importing Western Sahara products under the deal with Morocco. In other words, EU member states who would normally want to honour the judgment say they are technically not able to. In fact, if the association claiming to represent the exporters from Western Sahara makes no difference before or after the CJEU decided to annul the trade, it would be logic that the importers struggle to honour its obligations.
Both Sweden and the Netherlands have been clear that the EU trade with Morocco cannot include goods from Western Sahara.
Western Sahara Resource Watch on 23 June 2016 sent a letter to COMADER asking for clarifications about Mr Ouayach's comments on the Court's decision.
Now the complicated part:
That same COMADER, which has a very particular reading of the Court decision, is soon going to intervene in the Court to argue against the decision of the annulment of the Western Sahara trade – which they claim has never taken place. 10 June, the Court of Justice of the European Union announced that it had accepted COMADER as an intervening party in the appeal case against the Court's decision.
«Our relations with the founding members of Europe are very strong. We share a part of our history, our culture, our ideas and, it should be well understood, our interests. These members are our foremost clients and our foremost providers», the COMADER head argued back in April. He also said that “Reason will eventually take over, but the Moroccan people consider that endangering our territorial integrity is a red line that should not be crossed.”
A large part of the agro-industry in occupied Western Sahara is owned by French businessmen. The remaining part is in the hands of the Moroccan monarch or private Moroccan capital from Agadir. Fruits and vegetables that have been tiled under occupation, enter the EU single market through Perpignan, in France.
No Saharawis – the downtrodden original inhabitants of Western Sahara – own a plantation in their own country. During Morocco’s violent invasion in 1975, many Saharawis had to flee the very part of Western Sahara that is today home to the large scale and unsustainable agro-industry. Generations of Saharawis have grown up in refugee camps in Algeria, surviving on dwindling humanitarian aid that contains tragically little fresh produce.
There is very little information available about COMADER. The Confederation, which according to Mr Ouayach groups together around 20 federations, doesn’t have a webpage. The only available information are media statements of Mr Ouayach, the president of COMADER since its alleged establishment in 2006.
Ouayach is candid about COMADER’s connections to the Moroccan political apparatus. By his own admission, over 60% of Moroccan politicians are involved in an agricultural undertaking on the side and as such connected or supportive of COMADER.
COMADER does not seem to be present in Dakhla, the town in Western Sahara that has grown into an agricultural hotspot. It is not clear whether the Confederation has any of the Dakhla-based farms among its members.
Morocco occupies the major part of its neighbouring country, Western Sahara. Entering into business deals with Moroccan companies or authorities in the occupied territories gives an impression of political legitimacy to the occupation. It also gives job opportunities to Moroccan settlers and income to the Moroccan government. Western Sahara Resource Watch demands foreign companies leave Western Sahara until a solution to the conflict is found.
It's not easy keeping up with all the different legal proceedings relating to Western Sahara. For the sake of clarity, here's an overview of the five different cases at the Court of Justice of the European Union.
Leading activists from Western Sahara are condemned to sentences ranging from 20 years to life imprisonment in connection to a mass protest in 2010 denouncing the Saharawi people’s social and economic marginalization in their occupied land; the Gdeim Izik protest camp.
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