Letter from CODESA to EU ambassador
9 August 2010, spokesperson of the Saharawi human rights organisation CODESA, Aminatu Haidar, requested answer to a simple question from the Ambassador of the EU to Rabat. They are still waiting.
Published 14 September 2010

H.E. Eneko Landaburu,

On 27 of May 2010, in an article called “La UE defiende la legalidad del acuerdo pesquero con Marruecos” by the Spanish news service EFE, it is stated the following:

"En una rueda prensa celebrada hoy en Casablanca, Landáburu destacó que "el servicio jurídico de la Comisión Europea y todos los dictámenes de instituciones independientes han demostrado que no hay ningún problema de legalidad internacional en el acuerdo pesquero con Marruecos".

Our organisation is concerned about the EU fisheries in Western Sahara, a territory which, as you surely know, no states recognise as part of Morocco. From our experience, all independent legal advices, says that fisheries in the Non-Self Governing Territory of Western Sahara are illegal.

The clearest advice is from the author of the 2002 UN legal opinion, the former UN Legal Counsel and UN Undersecretary General for Legal Affairs, Mr. Hans Corell, who clearly states that the agreement must be illegal. The Legal Service by the European Parliament has found no evidence that the Sahrawi people have been consulted nor that they benefit from the agreement, something which international law prescribes.

We have closely followed the EU fisheries in Western Sahara since 2006, and were very surprised to learn from your statements that other “independent institutions” claim that fisheries in Western Sahara might be legal.

We would therefore kindly ask you to explain to us which independent institutions you are referring to in your statement.

Looking forward to hear from you as soon as possible,

Sincerely yours,
Aminatou Haidar, President of the Executive of the CODESA
El Aaiun, Western Sahara
August, 09, 2010

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