The resource curse

Occupied Western Sahara possesses some of the world’s highest quality phosphate reserves, rich fishing banks, and a potential for generating enough renewable energy to power the entire Maghreb region. Morocco's illegal use of the territory's wealth contributes to prolonging the conflict and the suffering of the Saharawi people. 

Morocco’s endeavours to exploit Western Sahara’s resources have received solid backing from international commerce. It is very problematic - ethically, politically as well as legally - when commercial interests cooperate with Moroccan authorities in order to do business in the occupied territory. The companies involved claim that their contribution is intended to provide a positive economic development in Morocco. However, this is distorted truth. First of all, Western Sahara is not a part of Morocco. The “development” is, however, an active contribution in support of Morocco’s illegal claim to its neighbouring country.  

A number of international companies are today political actors that reap profits from the conflict. While Morocco finances the occupation by usurping the country’s resources, most of the Saharawis are forced to live in refugee camps in the Algerian dessert, in poverty and miserable conditions and not allowed to any benefits resulting from the profitable commercial activities in their homeland. Morocco's exports of goods out the territory via the controversial Guerguerat passage is directly linked to the resumption of war in the territory in November 2020.

The companies active in Western Sahara generate employment for illegal Moroccan settlers, both through direct investment, and by exporting products to countries abroad. This constitutes a violation of the Geneva Conventions

Working with Morocco to advance its exploitation of Western Sahara’s resources creates an air of normalcy or acceptability of Morocco’s presence in the territory. Companies and governments will often express that their involvement in no way means that they recognise Morocco’s untenable claim of sovereignty over territory. Yet partnering with Morocco - which has no sovereignty or any international administering mandate over Western Sahara - on economic activities in the occupied territory, is a tacit form of recognition.

No one understands this better than the Moroccan authorities. “International agreements which do not exclude ‘the Moroccan Sahara’ from their application, prove that the area is Moroccan”, Morocco’s Minister of Communication said in 2013. “The financial aspect [of the EU-Morocco Fisheries Agreement] is not necessarily the most important aspect of this agreement. The political aspect is just as important”, said Morocco's fisheries minister in 2006.  

A document leaked from the Moroccan Ministry of Foreign Affairs shows how Morocco uses the Western Saharan natural resources to embroil other countries into its own illegal occupation of Western Sahara – in this particular case, on how “implicating Russia in the Sahara”… “could guarantee a freeze on the Sahara file within the UN”. 

It has proven utterly difficult for the UN to broker a lasting and just peace between the two parties to this long-standing conflict. The management of the territory’s natural resources has even been placed on the negotiating table by several UN Special Envoys to the conflict. In that context, it is highly inappropriate to give a sign of political support to Morocco by paying it for access to Western Sahara, or to take part in its activities in the territory for financial self-interest. To do so, is effectively working against the UN’s efforts to decolonise Western Sahara, and as such contributing to the continued insecurity and instability of the wider Maghreb region. The CESCR and the UN rapporteur on right to food both highlighted that Saharawis were disproportionally affected by poverty and not reaping the benefits of the considerable investments being made on their own land.

The Norwegian government has labelled Morocco's oil exploration in Western Sahara for “a particularly serious violation of fundamental ethical norms e.g. because it may strengthen Morocco's sovereignty claims and thus contribute to undermining the UN peace process". We could not agree more.

The ethical controversy

While Morocco finances the occupation by appropriating the country’s resources, most of the Saharawis are forced to live in refugee camps in the scorching Algerian dessert. For their mere survival, they depend practically entirely on international humanitarian aid – though Morocco’s profitable commercial activities in their homeland would pay for their needs many times over.

Saharawis who stayed behind in their country during the war, are living under the yoke of a brutal occupation. Western Sahara is today among the countries in the world scoring the lowest on rankings of civil and political freedoms. Morocco’s human rights violations in occupied Western Sahara are reported by reputable international organisations - such as Amnesty International, Human Rights Watch, etc - and also by the UN. Though Morocco’s main ally France prevents the UN peace keeping mission from being allowed to report on violations they witness, the few UN Special Rapporteurs that have visited the territory are unison in their conclusions that Saharawis are treated abominably. In 2013, the Special Rapporteur on Arbitrary Detention documented widespread use of arbitrary detention and torture. Since 2015, Morocco has refused any further visits.

 

In 2010, dozens of Saharawis were imprisoned, most for having taken part in the organisation of a peaceful protest camp erected by Saharawis of all ages in a desert area outside of the capital city El Aaiún, called Gdeim Izik. The camp demanded socio-economic rights for the Saharawis. It started with a handful Saharawis bringing their tents establishing a little camp. As days went by, the group had grown to a parallel society consisting of over 10.000 people, united in their lament of being treated as second-class citizens in their own land, while Moroccan authorities and settlers are profiting on the back of exploiting Saharawi resources. On 8 November 2010, after months of silent protest, the police intervened. Since then, participants of the Gdeim Izik protest camp have been in jailed, many of them unfairly judged to life sentences. One of them is the secretary-general of the Committee for Protection of Natural Resources. Read about the group here. 

It is ethically wrong to benefit from Morocco’s occupation of Western Sahara – either through trade, direct investment or participation in Moroccan projects in the territory - while the people of Western Sahara, holding the sovereign rights to the land and its resources, are being denied their most basic human rights and needs. 

Moroccan state-owned companies commission foreign consultancy firms to assess how the population benefits from their operations in Western Sahara. These reports are widely circulated to clients and partners profiting from the trade. Such an approach naturally has very problematic aspects: 

  • Morocco and the involved companies systematically replace the term ‘people’ with 'population'. It is the ‘people’ of Western Sahara that has what international law refers to as permanent sovereignty over the territory. It is the ‘people’ which has the right to consent to the use of Western Sahara's resources, and which the UN and the Court of Justice of the EU refer to. The ‘population’ is something fundamentally different. While nearly half of the people of Western Sahara have fled the territory and today live abroad in refugee camps, a majority of the territory's current population are Moroccan settlers and armed personel. How these groups benefit from Morocco's activities in the territory, is irrelevant in terms of law and ethics.
  • None of the reports commissioned by Morocco consider whether the people of the territory want Morocco's business operations. They never consider the right to prior consent, which is the single issue to assess, according to the EU Court of Justice. Institutions which should have been in place to articulate the Saharawi people's right to self-determination over their land or resources are not allowed to exist by the Moroccan govenment, as advocating for independent Western Sahara goes against Morocco's penal code. Western Sahara scores among the lowest in the world on political freedoms.
  • No Moroccan report spread to the business community is open to the public, and both the terms of reference and findings are all confidential.
  • Any organisation wanting to undertake studies in the territory will be deported. WSRW has worked on Western Sahara since 2005. We have never heard of a social scientist researcher with an independent agenda having visited the part of Western Sahara under occupation. Morocco has also refused access to Members of the European Parliament to visit the territory.

 

The value of the exports of fishmeal from the occupied territory to Turkey, alone, equals three times the entire amount that is donated in multilateral aid to the refugees in one entire year. The EU today pays Morocco more to get access to Western Sahara’s fish banks than they give in aid to the refugees. While agricultural produce from the territory is imported into the Union labelled as from ‘Morocco’, vegetables have been largely cut from the refugees’ food baskets over expense-concerns. And while international companies are powering Morocco’s plunder via renewable energy, access to electricity is everything but a given in the refugee camps.

Saharawi refugees used to receive a can of fish per person per month in humanitarian aid. The refugees originate from a coatsline with one of the richest fish stocks in the world. The occupier sells their resources to foreign countries. The canned fish aid to the refugees is now halted. 

 

But despite the hardship, what Saharawis consider to be the worst offence, is that of being denied their right to self-determination, increasingly being translated as consent. All Saharawi organisations – from the occupied territory, the refugee camps and diaspora – have time and again protested corporate and governmental deals being made with Morocco for access to their land, while ignoring their wishes, their right to decide. Basically, ignoring their existence. Unimaginable with regard to Palestinian or Crimean resources – but daily practice in Western Sahara.

The environmental controversy

There is reason to assume that an occupying power that benefits from exploiting the land it occupies, will not manage the territory’s resources in the most sustainable way. And in the case of Morocco’s occupation of Western Sahara, there is evidence to back up that assumption.

A 2011 independent analysis commissioned by the EU, already demonstrated the near total depletion of the fish stocks off Western Sahara. Regardless, fishing activity to date remains rampant. Moroccan fishermen are active in the waters, often using retired European fishing vessels as demonstrated by the 2014 “Exporting Exploitation” report by Greenpeace in collaboration with WSRW. Greenpeace called for a halt in “exploiting the fishing grounds off the coast of Western Sahara and Morocco, unless and until it can ensure that fish stocks are managed in a sustainable manner and that the fishery takes into account the wishes and benefits of the people of the territory”.

Discards from the Moroccan trawler Adrar in 2013. 

The abovementioned analysis reports of dolphin catches by pelagic trawlers in the zone between Boujdour and Cap Blanc. Investigations have also shown that turtles are regularly caught in fishnets. All turtle species living in Morocco and Western Sahara are considered in danger or in critical danger of extinction by the IUCN.

WSRW has through the years received footage of mistreatment of marine mammals, and also of massive discards of fish, pumped or dumped back into the ocean or discarded on land because they are the wrong species or size.

The EU’s 2017 evaluation report on the Union's fish deal with Morocco revealed that except for sardines, all pelagic species “in the south” - i.e. Western Sahara - were either fully or overexploited, as a result of years of intense fishing by local, EU and other foreign fleets. This dramatic conclusion was repeated by the UNFAO Fishery Committee for the Eastern Central Atlantic 2018 and 2019

Large-scale unregulated fishing takes place in the maritime border area with Mauritania. WSRW often observes vessels that are permitted to fish in Mauritanian waters, cross the maritime border with Western Sahara to fish. All kinds of nationalities are involved: EU-flagged vessels, but also Chinese, Georgian, Turkish vessels or former Russian vessels flying Cameroon or Belize flags. 

The situation isn’t much better in other sectors. Tiling produce in the desert is not a sustainable undertaking: it is incredibly water intensive. The fossile underground water reserves in the area around Dakhla, which ought to be used for the benefit of the people living there, are being depleted by the agro-industry - as also confirmed by leaked US Diplomatic cables. These products are then transported in trucks to Agadir for sales to international markets. 

Phosphate workers, both in Western Sahara and in Morocco, have complained about the health risk they are exposed to. But OCP, the Moroccan state-owned phosphate company that also exploits Western Sahara’s phosphate reserves, denies that poisonous byproducts of the phosphate industry cause illnesses and death, and have disastrous environmental effects. Phosphogypsum, a radioactive waste byproduct generated during fertiliser production that ought to be kept as far from people as possible, is simply dumped into the Atlantic. A 2006 study by Morocco’s national fisheries research institute (INRH) found significant contamination of cadmium in shellfish around OCP’s discharge points. Another scientific study from 2013 recorded high levels of heavy metal contamination in saltwater lagoons near OCP sites.

La controverse juridique

Les entreprises et les gouvernements qui coopèrent avec le Maroc au Sahara Occidental n'ont pas tenté d'obtenir du peuple du territoire l'autorisation de le faire. Cela viole leur droit à l'autodétermination.

En 1975, la Cour internationale de justice a confirmé qu'il n'y a pas de lien de souveraineté entre le territoire du Maroc et celui du Sahara Occidental, et que le peuple du territoire - le peuple sahraoui - a droit à l'autodétermination.

Par cinq arrêts consécutifs, de 2016 à 2021, la Cour de justice de l'Union Européenne a conclu que le Maroc n'a aucune souveraineté sur le Sahara Occidental, ni aucun mandat international pour l'administrer, car le territoire est séparé et distinct du Maroc. En conséquence, la Cour a jugé que les accords UE-Maroc ne peuvent être licitement étendus au Sahara Occidental, sauf avec le consentement explicite du peuple du territoire - ce dernier point étant le corollaire naturel du droit du peuple du Sahara Occidental à son autodétermination. La décision du 29 septembre 2021 confirme le statut juridique du Front Polisario en tant que représentant internationalement reconnu du peuple du Sahara Occidental.

Après avoir examiné l’évaluation du Maroc au titre du Pacte international relatif aux droits économiques, sociaux et culturels en 2015, l'Organe des Nations Unies sur les droits économiques, sociaux et culturels a exhorté le Maroc à respecter le droit des Sahraouis à être consultés et à donner leur consentement préalable à toute exploitation de leurs ressources. En 2016, le Comité des droits de l'Homme des Nations Unies a souligné la nécessité d'obtenir le « consentement préalable, libre et éclairé du peuple sahraoui à la réalisation de projets de développement et d'opérations d'extraction [de ressources] », après avoir examiné la copie du Maroc au titre du Pacte international relatif aux droits civils et politiques.

La Haute Cour d'Afrique du Sud a statué en février 2018 que le propriétaire d'une cargaison de minerai de phosphate transportée à bord d'un navire détenu par les autorités sud-africaines était le gouvernement sahraoui et non la compagnie nationale marocaine de phosphate qui, selon la Cour, n'est pas autorisé à vendre la marchandise.

À la demande du Conseil de sécurité de l’ONU, le conseiller juridique de l’ONU a rendu un avis en janvier 2002 sur la légalité de l’exploitation et de l’exploration des ressources minérales du Sahara Occidental. L'avis concluait que toute activité économique sur le territoire violerait le droit international si elle n'était pas entreprise conformément aux souhaits et aux intérêts du peuple du territoire.

09 November 2021