The former UN Legal Counsel, Ambassador Hans Corell, calls the EU-Morocco Fisheries Partnership Agreement (FPA) illegal. Western Sahara Resource Watch demands immediate halt of European plundering of occupied Western Sahara. PRESS RELEASE from WSRW.
PRESS RELEASE from Western Sahara Resource Watch
Melbourne, Madrid, Brussels,
9th of December 2008
EU vessels have since 2006 trawled the waters offshore occupied Western Sahara under a Moroccan-EU fisheries agreement, in disregard of the wishes of the people of Western Sahara. These waters are known to contain some of the richest fish resources in the world.
The EU has previously claimed that the unethical agreement is legal, referring to an opinion that the erstwhile UN Legal Counsel and Under-Secretary-General for Legal Affairs, Hans Corell, wrote in 2002. But the former UN legal expert himself, having left office, clearly criticizes what he sees as an EU mis-interpretation of his text.
Corell, who is considered the world's foremost authority on the matter after writing the opinion to the Security Council, said it is "obvious that an agreement…that does not make a distinction between the waters adjacent to Western Sahara and the waters adjacent to the territory of Morocco would violate international law". Corell added: "As a European I feel embarrassed".
The clear statement from Corell was given at a law conference hosted jointly by the South African Department of Foreign Affairs and the University of Pretoria on 4 and 5 December.
Read Corell’s full speech at http://www.havc.se/res/SelectedMaterial/20081205pretoriawesternsahara1.pdf
Western Sahara Resource Watch, which in 2006 tried to have Western Sahara specifically excluded from the agreement, receives Corell's statements with approval.
"It proves that our interpretation of the international law in this matter has been correct all along. The fundamental breach of law and ethics which the EU is engaged in, must now be rectified immediately", said Cate Lewis, International Coordinator of Western Sahara Resource Watch. "This can only be done by amending the agreement to exclude Western Saharan waters from the Agreement, and by immediately revoking any European fishing licences authorizing trawlers to enter Western Saharan waters."
Following Corell's landmark statement, WSRW urges all European fishing companies to immediately cease fishing activities in Western Saharan waters to minimize legal exposure through possible litigation in EU courts.
"Given that this illegal practice has been ongoing for years, WSRW demands that all prior financial transfers made by the EU to Morocco to secure access to Western Saharan fisheries resources be returned immediately. In order to ensure consistency with international law, this money must be allocated directly for the benefit of the Sahrawi population, including those living in forced exile", Cate Lewis said.
For further information or comments:
Sara Eyckmans, Brussels, WSRW EU Coordinator, email@example.com
Polisario has a case, but it should be pursued when the time is right, Court implies.
For the third time, the highest Court of the European Union has confirmed that Morocco has no sovereignty over Western Sahara. In its new ruling dated 19 July 2018, the Court confirms that the EU's fisheries agreement with Morocco cannot be applied to the territory.
In an opinion issued this morning, the Advocate General of the Court of Justice of the EU stated that the EU-Morocco Fisheries Agreement is invalid because it applies to Western Sahara waters. Judgement expected in a few months.
Read reaction from Frente Polisario on the opinion.