The below letter, published on the homepages of the Swedish Labour Party on 22 June 2010, was sent to EU fisheries commissioner, Maria Damanaki, the Prime Minister of Greece - and president of the Socialist International, Mr. George A. Papandreou, as well as Paulina Lampsa, the international secretary of the Greek socialist party PASOK.


From:
Jens Orback, Secretary General Olof Palme International Center
Ann Linde, International Secretary Swedish Social Democratic Party
To:  
George A. Papandreou, President Socialist International, Prime Minister Greece
Maria Damanaki, European Commissioner Maritime Affairs and Fisheries
Paulina Lampsa, International Secretary PASOK

International law and the EU Fisheries Partnership Agreement with Morocco

Dear George, Maria and Paulina,

We address you regarding an urgent matter concerning international law where we as Europeans have a key role.

As Social Democrats we know the importance of respecting international law. A rule-based international system is the only way to shape peaceful interactions between countries and peoples. In any society where laws are not respected, democracy, peace and human rights will lose ground and chaos will eventually spread. This also applies to our international society, our world. Not the least as Europeans we know the importance of international law and what can happen if it’s not respected.

Therefore, we have grown utterly concerned when we see the EU Fisheries Partnership Agreement with Morocco. According to the UN, Morocco is occupying Western Sahara (Report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2009). Since the EU Fisheries Partnership Agreement with Morocco didn’t consider this and thereby made no distinction between the Moroccan water and the Western Saharawi water, and the interest of the people of Western Sahara, the Swedish government 2006 voted against the EU Fisheries Partnership Agreement with Morocco with reference to international law.

The UN Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations, Ambassador Hans Corell, 2002 delivered a legal opinion to the UN Security Council regarding the legality in the context of international law of actions allegedly taken by the Moroccan authorities consisting of mineral resources in Western Sahara. When giving a lecture about this in Pretoria, South Africa in December 2008, also speaking about the EU Fisheries Partnership Agreement with Morocco, he made clear that what is said in the legal opinion about mineral resources applies also to other resources. He explained that there in the EU Fisheries Partnership Agreement with Morocco is no distinction made with respect to the waters adjacent to Western Sahara. He elucidated that “Any jurisdiction over those waters is subject to the limitations that follow from the rules on self-determinations.”

As one of the premier experts on international law Ambassador Corell stated:
“As a European I feel embarrassed. Surely, one would expect Europe and the European Commission – of all – to set an example by applying the highest possible international legal standards in matters of this nature. Under all circumstances I would have thought that it was obvious that an agreement of this kind 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.”

Also the juridical experts of the European Parliament have come to the conclusions that the EU Fisheries Partnership Agreement with Morocco is violating international law.

Therefore we now write to you in order to hear what you think we, as Europeans and as Social Democrats, can do to honor our respect to international law in this matter of the EU Fisheries Partnership Agreement with Morocco? It is of special urgency since we have understood that the 28th of August is the last day for making amendments on the EU Fisheries Partnership Agreement with Morocco. This matter must be dealt with to fully uphold the European Union’s respect to international law.

We are looking forward to hear from you.

Fraternal regards,

Jens Orback
Ann Linde