US law firm refuses Western Sahara dialogue

In an extraordinary show of arrogance and disdain for representatives of civil society organizations, the Washington based law firm Covington & Burling flatly refuses to engage with the global solidarity network Western Sahara Resource Watch (WSRW) and this year's Robert F. Kennedy Memorial Human Rights Award laureate, Mrs. Aminatou Haidar. The US law firm is, because of a legal analysis it provided, the source the world phosphate industry refers to when they claim the phosphate trade from Western Sahara to be legal.



OCP, the Moroccan state phosphate company that illegally exploits phosphates in Western Sahara, is Covington & Burling's client. The legal analysis made by Covington for OCP, which WSRW believes contains a large number of factual errors and the conclusions of which are seriously flawed, is used by phosphate importers in several countries in defence of their imports from the occupied country.

Both the Belgian importer BASF and the Spanish importer FMC Foret refer to Covington & Burling's legal analysis, but neither wish to disclose the report. BASF has urged WSRW to contact Covington & Burling for further questions. However, the prospects for any assistance from those quarters seem slim, at best.

Last week, human rights activist from occupied Western Sahara, Mrs. Aminatou Haidar, received the prestigious Robert F. Kennedy Memorial Human Rights Award. Haidar has spent four years in Moroccan jails for her activism, and is today a strong opponent of the Moroccan plundering of her country's main natural resource, phosphates.

A few days prior to the award ceremony, Western Sahara Resource Watch sent the letter below to the Washington based law firm Covington & Burling. The letter is a follow up on a letter sent to Bruce S. Wilson, Partner in Covington & Burling by WSRW in February 2008. Since the US law firm for months has refused to reply to WSRW in writing, WSRW decided to request a meeting to discuss the matter.

After sending the mail below, Mr. Ronny Hansen of the Norwegian Support Committee for Western Sahara called Mr. Bruce Wilson of Covington & Burling. Hansen was in Washington at the time of Haidar's award ceremony, and had asked for a meeting.

"Mr. Wilson simply refused to engage in any conversation or exchange with us. He stated clearly that 'I completely exclude the possibility of giving you a response to your questions, in writing or otherwise.' He also said that he's 'not at liberty to disclose to you who our clients are, or on what basis. If I were, I wouldn't anyway.' When confronted with the fact that their work on behalf of OCP is public knowledge and posted on their own website, Mr. Wilson said that "I'm not obliged to respond to you. We're not engaging with you at all regarding anything at all. You're not my client, and as far as I can see you have no interest or stake in our company.'

He then proceeded to hang up on Mr. Hansen.

"When researching and campaigning against the powerful vested interests in Morocco's occupation of Western Sahara we're used to tough language, but rarely do we meet such a lack of civility and willingness to engage. Covington & Burling's arrogance and level of secrecy really sets them apart and tickles our curiosity about their activities even further. If importers such as BASF and FMC Foret wish
to retain any credibility at all, they should now be the ones to release the legal analysis they base their defence on", says Hansen.


Open letter to Mr. Mr. Bruce S. Wilson, Partner of Covington & Burling
Melbourne, 4 November 2008

Catherine Lewis
PO Box 164
Clifton Hill
Victoria 3068
Australia

Mr. Bruce S. Wilson
Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401

25th of February 2008, Western Sahara Resource Watch sent you a letter regarding the legal analysis which your law firm elaborated on the Moroccan phosphate industry in occupied Western Sahara.

In that letter, in addition to requesting a copy of your legal analysis on the industry, we requested an answer to a few specific questions, so we could understand how Covington & Burling could come to the conclusion that the unethical Moroccan phosphate plundering of its occupied neighbouring country could possibly be defended legally.

As far as we understand, the opinion was made on behalf of your client, OCP, which is the same Moroccan state phosphate company that carries out the controversial phosphate exploitation in the Bu Craa mines.

From what we have learned from one of the phosphate importers, Spanish FMC Foret, the opinion that Covington & Burling produced contains conclusions that clearly misinterprets some very basic principles of international law when it comes to the legal status of the occupied and non-self governing territory Western Sahara, and the exploitation of natural resources in the Bu Craa mines.

We believe it is important that Covington & Burling’s opinion be published, and properly debated, for the interest of stakeholders both within the fertiliser industry, among the investor environment, as well as for the Sahrawi people both living under occupation and in exile.

We urge you to reply in writing to the letter we sent in February, and make public your opinion. Our former international coordinator, Javier Garcia Lachica, tried personally to follow up your lack of reply, by calling your partner in Brussels, Mr. George Berrish in September, but only to find that he was basically rejected, being told “If we haven't answered your letter is because we have nothing to say. Thanks and goodbye".

It would be highly contradictory if it is true that your legal analysis on one hand gives evidence that the industry is perfectly defendable, and is actually in respect of the wishes and interests of the people of Western Sahara, while on the other hand it remains out of reach for the Sahrawi people, their representatives and concerned non-governmental organisations like ours. That in itself would be an indication showing that the opinion’s conclusions perhaps could be inherently wrong, and that your arguments perhaps are neither in line with the facts on the ground nor with mainstream understanding of international law.

Seen from the outside, one can say that it seems rather unfortunate that your firm is representing or counselling a client such as OCP. Considering that OCP is involved in supporting a kind of business that the UN General Assembly has repeatedly condemned, and taking into consideration that OCP represents 3 decades of violation of international law, systematic discrimination of its Sahrawi workers, and ignoring of the interests of wishes of the people of Western Sahara, one could wonder whether defending such unethical industry is really something that Covington & Burling wants to be associated with. So if your arguments in the opinion are convincing, and actually well-founded and based on an elaborate analysis of the situation on the ground and international law, we believe will be in Covington & Burling’s own interest to have it published.

On 13th of November 2008, the Western Sahara human rights activist Aminatou Haidar will receive the Robert F. Kennedy Human Rights Award on Capitol Hill, after her campaigns for Sahrawi human rights and against the natural resource plundering of her homeland. Upon that occasion, a number of representatives of Western Sahara Resource Watch from some of your our 30 member countries will be present in Washington. http://www.rfkmemorial.org/legacyinaction/2008_haidar/

On that occasion, we would like to request a meeting with your firm in Washington for either 13th or 14th of November. We believe it could also be possible for you to meet the laureate Mrs. Haidar, if you are interested. Please respond to this meeting request to Mr. Ronny Hansen, chairman of the Norwegian Support Committee for Western Sahara, on tel +47 94250270 or ronnyha@gmail.com.

In such meeting, we would be happy to brief you on the history of the Moroccan occupation of Western Sahara, the human rights violations committed by Moroccan forces in the territory, the situation for the Sahrawis who have been forced to flee their homeland and living in exile in refugee camps in Algeria, or the illegality of natural resources exploitation from Western Sahara.

We would at last like to underline that a lack of response to a civil society organisation like ours, is in general not a very common strategy for companies that want to give the appearance of being socially responsible.

Looking forward to your reply.

Yours sincerely,

Cate Lewis
International coordinator,
Western Sahara Resource Watch
www.wsrw.org

Copy sent to
Kathy King, Head of Public Relations, Covington & Burling, klking@cov.com
Mrs. Aminatu Haidar
FMC Foret

In an extraordinary show of arrogance and disdain for representatives of civil society organizations, the Washington based law firm Covington & Burling flatly refuses to engage with the global solidarity network Western Sahara Resource Watch (WSRW) and this year's Robert F. Kennedy Memorial Human Rights Award laureate, Mrs. Aminatou Haidar. The US law firm is, because of a legal analysis it provided, the source the world phosphate industry refers to when they claim the phosphate trade from Western Sahara to be legal.
24.11 - 2008 22:43 Printer version


OCP, the Moroccan state phosphate company that illegally exploits phosphates in Western Sahara, is Covington & Burling's client. The legal analysis made by Covington for OCP, which WSRW believes contains a large number of factual errors and the conclusions of which are seriously flawed, is used by phosphate importers in several countries in defence of their imports from the occupied country.

Both the Belgian importer BASF and the Spanish importer FMC Foret refer to Covington & Burling's legal analysis, but neither wish to disclose the report. BASF has urged WSRW to contact Covington & Burling for further questions. However, the prospects for any assistance from those quarters seem slim, at best.

Last week, human rights activist from occupied Western Sahara, Mrs. Aminatou Haidar, received the prestigious Robert F. Kennedy Memorial Human Rights Award. Haidar has spent four years in Moroccan jails for her activism, and is today a strong opponent of the Moroccan plundering of her country's main natural resource, phosphates.

A few days prior to the award ceremony, Western Sahara Resource Watch sent the letter below to the Washington based law firm Covington & Burling. The letter is a follow up on a letter sent to Bruce S. Wilson, Partner in Covington & Burling by WSRW in February 2008. Since the US law firm for months has refused to reply to WSRW in writing, WSRW decided to request a meeting to discuss the matter.

After sending the mail below, Mr. Ronny Hansen of the Norwegian Support Committee for Western Sahara called Mr. Bruce Wilson of Covington & Burling. Hansen was in Washington at the time of Haidar's award ceremony, and had asked for a meeting.

"Mr. Wilson simply refused to engage in any conversation or exchange with us. He stated clearly that 'I completely exclude the possibility of giving you a response to your questions, in writing or otherwise.' He also said that he's 'not at liberty to disclose to you who our clients are, or on what basis. If I were, I wouldn't anyway.' When confronted with the fact that their work on behalf of OCP is public knowledge and posted on their own website, Mr. Wilson said that "I'm not obliged to respond to you. We're not engaging with you at all regarding anything at all. You're not my client, and as far as I can see you have no interest or stake in our company.'

He then proceeded to hang up on Mr. Hansen.

"When researching and campaigning against the powerful vested interests in Morocco's occupation of Western Sahara we're used to tough language, but rarely do we meet such a lack of civility and willingness to engage. Covington & Burling's arrogance and level of secrecy really sets them apart and tickles our curiosity about their activities even further. If importers such as BASF and FMC Foret wish
to retain any credibility at all, they should now be the ones to release the legal analysis they base their defence on", says Hansen.


Open letter to Mr. Mr. Bruce S. Wilson, Partner of Covington & Burling
Melbourne, 4 November 2008

Catherine Lewis
PO Box 164
Clifton Hill
Victoria 3068
Australia

Mr. Bruce S. Wilson
Covington & Burling LLP
1201 Pennsylvania Avenue, NW
Washington, DC 20004-2401

25th of February 2008, Western Sahara Resource Watch sent you a letter regarding the legal analysis which your law firm elaborated on the Moroccan phosphate industry in occupied Western Sahara.

In that letter, in addition to requesting a copy of your legal analysis on the industry, we requested an answer to a few specific questions, so we could understand how Covington & Burling could come to the conclusion that the unethical Moroccan phosphate plundering of its occupied neighbouring country could possibly be defended legally.

As far as we understand, the opinion was made on behalf of your client, OCP, which is the same Moroccan state phosphate company that carries out the controversial phosphate exploitation in the Bu Craa mines.

From what we have learned from one of the phosphate importers, Spanish FMC Foret, the opinion that Covington & Burling produced contains conclusions that clearly misinterprets some very basic principles of international law when it comes to the legal status of the occupied and non-self governing territory Western Sahara, and the exploitation of natural resources in the Bu Craa mines.

We believe it is important that Covington & Burling’s opinion be published, and properly debated, for the interest of stakeholders both within the fertiliser industry, among the investor environment, as well as for the Sahrawi people both living under occupation and in exile.

We urge you to reply in writing to the letter we sent in February, and make public your opinion. Our former international coordinator, Javier Garcia Lachica, tried personally to follow up your lack of reply, by calling your partner in Brussels, Mr. George Berrish in September, but only to find that he was basically rejected, being told “If we haven't answered your letter is because we have nothing to say. Thanks and goodbye".

It would be highly contradictory if it is true that your legal analysis on one hand gives evidence that the industry is perfectly defendable, and is actually in respect of the wishes and interests of the people of Western Sahara, while on the other hand it remains out of reach for the Sahrawi people, their representatives and concerned non-governmental organisations like ours. That in itself would be an indication showing that the opinion’s conclusions perhaps could be inherently wrong, and that your arguments perhaps are neither in line with the facts on the ground nor with mainstream understanding of international law.

Seen from the outside, one can say that it seems rather unfortunate that your firm is representing or counselling a client such as OCP. Considering that OCP is involved in supporting a kind of business that the UN General Assembly has repeatedly condemned, and taking into consideration that OCP represents 3 decades of violation of international law, systematic discrimination of its Sahrawi workers, and ignoring of the interests of wishes of the people of Western Sahara, one could wonder whether defending such unethical industry is really something that Covington & Burling wants to be associated with. So if your arguments in the opinion are convincing, and actually well-founded and based on an elaborate analysis of the situation on the ground and international law, we believe will be in Covington & Burling’s own interest to have it published.

On 13th of November 2008, the Western Sahara human rights activist Aminatou Haidar will receive the Robert F. Kennedy Human Rights Award on Capitol Hill, after her campaigns for Sahrawi human rights and against the natural resource plundering of her homeland. Upon that occasion, a number of representatives of Western Sahara Resource Watch from some of your our 30 member countries will be present in Washington. http://www.rfkmemorial.org/legacyinaction/2008_haidar/

On that occasion, we would like to request a meeting with your firm in Washington for either 13th or 14th of November. We believe it could also be possible for you to meet the laureate Mrs. Haidar, if you are interested. Please respond to this meeting request to Mr. Ronny Hansen, chairman of the Norwegian Support Committee for Western Sahara, on tel +47 94250270 or ronnyha@gmail.com.

In such meeting, we would be happy to brief you on the history of the Moroccan occupation of Western Sahara, the human rights violations committed by Moroccan forces in the territory, the situation for the Sahrawis who have been forced to flee their homeland and living in exile in refugee camps in Algeria, or the illegality of natural resources exploitation from Western Sahara.

We would at last like to underline that a lack of response to a civil society organisation like ours, is in general not a very common strategy for companies that want to give the appearance of being socially responsible.

Looking forward to your reply.

Yours sincerely,

Cate Lewis
International coordinator,
Western Sahara Resource Watch
www.wsrw.org

Copy sent to
Kathy King, Head of Public Relations, Covington & Burling, klking@cov.com
Mrs. Aminatu Haidar
FMC Foret

Moroccan-Saharawi soap opera in Denmark

Based on Moroccan Ministry of Defence information, four Rabat media report that the representation of Western Sahara in Copenhagen has been ordered to close down by the Danish government. "Rubbish," say Danish sources, adding the false information comes as an answer to Danish media reports over a sex scandal at the Moroccan Embassy. ‘ASM’, a publication issued by the Moroccan Ministry of Defence, earlier this week was the first Rabat media to announce that "the government of Denmark" had taken the "decision" to "close down the office of Polisario in Copenhagen." Polisario, a movement fighting for the decolonisation of Western Sahara since the 1970s and which forms the exiled government of this African Union (AU) member country, has relatively good ties with Denmark and other Nordic countries, meaning that its ousting would mean a significant propaganda blow for the Saharawis. During the week, also the government-close, but relatively credible Moroccan newspapers ‘Le Point’ and ‘Le Soir’ reported about the closure of the Polisario representation in Denmark. Finally today, the more radical ‘Le Matin du Sahara et du Maghreb’ celebrated the "news" as "a significant decision" by the Danish Ministry of Foreign Affairs, due to the Saharawis’ "undue political agitation" in the Nordic country. But, neither the Danish Foreign Ministry nor the Danish press has reported about any decision to close a "Polisario representation in Copenhagen." Indeed, Danish journalist Ingrid Pedersen, who has followed the Morocco-Western Sahara conflict closely, told afrol News the Moroccan press reports were "pure rubbish." Ms Pedersen explains that a closure would be impossible "because Polisario indeed does not have any [accredited] representation office in Denmark. They have a representative that lives in a two-room flat on Amager Island" just outside Copenhagen. "The Foreign Ministry has nothing to do with his businesses, except that he has permission to live and work in Denmark," she adds. Polisario’s representative in Denmark, Abba Malainin, also denied the Moroccan reports, telling afrol News the "Polisario Representation still working as usual in Denmark." The stories had originated in "the Moroccan propaganda machine," he added. Asking several sources in Denmark why Moroccan government-controlled media would publish such a story at this moment, all independently told afrol News that there had to be a connection with "the very amusing story" in Denmark’s conservative daily ‘Jyllands-Posten’ about a sex scandal at the Moroccan Embassy in Copenhagen. Consul Raddad el Okbani at the Embassy is accused of sexual harassment and corruption by the Danish-Moroccan population, out of which around 200 took to the streets on 15 November to demand his resignation. Protesters told ‘Jyllands-Posten’ how the Consul repeatedly had demanded bribes and sexual services to get his signature on official documents. He was also reported to have taken photographs of visitors to the Embassy, threatening with reprisals in Morocco if his personal demands were not met. The Consul has been removed from the Moroccan Embassy in Copenhagen, probably having been sent home to Rabat. But the demonstrators are not satisfied, still demanding legal actions to be taken against him. Ms Pedersen, notably amused by the seldom scandal in the diplomatic landscape, holds that there may be a connection. The false Polisario office closure story was published "to take away the attention" from the Embassy scandal, she holds. Polisario representative Malainin agrees Moroccan officials had spread the false story "to cover and attract the public opinion from the scandalous shame in Morocco’s Embassy in Denmark." But, Mr Malainin adds, the scam was also a reaction to Polisario’s relative successes in Denmark and other Nordic countries, where some political parties now even are in favour of recognising Western Sahara as a sovereign state, in line with the AU. "The Moroccan system is worrying about the raising awareness and solidarity of the just cause of the Saharawi people ... in all Scandinavia," he holds. "This increasing awareness and solidarity reached to a point that Moroccan system propaganda machine can not influence it," Mr Malainin adds.

POLISARIO will not allow Morocco to use Western Sahara as a transit for drug dealers

The President of the Saharawi Republic, Mohamed Abdelaziz, affirmed Monday that "Morocco is a country that produces and exports drug", stressing that "POLISARIO Front will not accept that the Saharawi liberated territories serve as a transit to the commerce of drugs from Moroccan drug dealers". The Saharawi President, who was giving a speech during the opening of the judiciary year 2008-2009, added that "POLISARIO Front will not allow threats to the possessions and dignity of the Saharawi people by those who seek quick profit through drugs trade and other phenomenon". The President of the Republic, Mohamed Abdelaziz, reiterated the readiness of the Saharawi State to support the justice and law, adding that "we are accountable at the level of leadership and executive bodies for the protection and security of our citizens". He further stressed that the Saharawi people, who are famous in the region of been the most tolerant and so far safe from the phenomenon of extremism, is under immediate threat of the raise of extremism in the region. “We are targeted, the President of the Republic, because of the unity that we enjoy, and because of our moderation and straight understanding of Islam as a religion of tolerance, and compassion”. He encouraged the Saharawi security services to be ready and firmly counter any foreign attempt to threaten the stability and security in the region, especially from the Moroccan services.

Botswana reiterates full support to the Saharawi people’s right to self-determination and independence

The Minister of Foreign Affairs of Botswana, Fando Tumbola, reiterated his country’s support to the Saharawi people’s right to self-determination and independence. During a reception he offered to the Saharawi Minister of Foreign Affairs, Mohamed Salem Ould Salek, Botswana’s Head of diplomacy denounced the systematic human rights violations in the occupied territories of Western Sahara. He also expressed solidarity with the Saharawi Republic, denouncing the Moroccan tergiversations and obstacles Rabat is still erecting in front of the UN’s efforts to organise a referendum on self-determination that should give the Saharawis a chance to decide over their future. On his side the Saharawi Minister of Foreign Affairs informed his counterpart about the latest developments of the question of Western Sahara.

Postponement of the European Parliament’s mission to the occupied territories

The European Parliament’s mission, which was due to visit the occupied territories of Western Sahara from the 21 to the 24 of November, was postponed following a demand from the members of the EP Ad-hoc Committee to Western Sahara, it was indicated on Friday. The members of the Committee preferred to postpone their departure to next January, refusing the programme that was proposed by the Moroccan authorities, because it doesn’t meet the objectives of the mission, the same sources indicated. During a meeting at the seat of the European Parliament last September 10 the President of the delegation Maghreb, Carlos José Iturgaiz Angulo, declared that the Moroccan Ambassador in Brussels told him that the Moroccan authorities accepted this joint visit of five Parliamentarians, including two of the Ad-hoc Committee, and the members of the Delegation Maghreb. Nevertheless, a group of parliamentarians expressed doubts that this visit would ever take place despite of the promises of the Moroccan Embassy in Brussels. Representatives of some political groups in the EP, on their side, expressed reserves about the idea of constituting a joint mission, taking into consideration that the Ad-hoc Committee to Western Sahara was supposed to visit the territory alone. POLISARIO Front’s representative in Brussels, Mr. Jamal Zakari, declared that the European institutions are called to exercise more pressures on Morocco to “allow the EP ad-hoc Committee to complete its mission its was mandate for by the European Parliament". It should be recalled that the European Parliament decided to send an ad-hoc Committee to investigate on human rights situation in Western Sahara since 2005. The delegation was able to visit the Saharawi refugee camps and the Saharawi liberated zones under POLISARIO control in 2006, while Morocco didn’t collaborate with it since then.

A concessão do Estatuto Avançado a Marrocos deve excluir o Sara Ocidental

Nós, os signatários desta petição, instamos a União Europeia (U.E.) a não conceder o chamado Estatuto Avançado a Marrocos, a menos que a parte ocupada do Sara Ocidental seja especificamente excluída do acordo.
A U.E. e Marrocos estão actualmente em conversações no sentido de aprofundarem os seus laços através desta cooperação mas, até agora, não tem havido qualquer menção nos relatórios das conversações sobre o que tenha sido feito para impedir que o Sara Ocidental ocupado esteja incluído no acordo de cooperação.
Se a U.E. concedesse de facto o Estatuto Avançado ao Sara Ocidental ocupado, através das suas negociações com a potência ocupante, iria dar um lamentável sinal de apoio às reivindicações infundadas de Marrocos sobre o território. Como consequência, a U.E. poderia prejudicar os esforços da Organização das Nações Unidas (ONU) para a descolonização do território.
Queremos salientar que Marrocos continua a ocupar ilegalmente o Sara Ocidental, violando mais de 100 resoluções da ONU, que declaram que o povo Sarauí tem direito à autodeterminação. Várias resoluções apontam para o facto de o Sara Ocidental ser um território ocupado e anexado. Além disso, o Tribunal Internacional de Justiça rejeitou as reivindicações de Marrocos sobre o Sara Ocidental e a ONU considera o problema do Sara Ocidental como uma questão de descolonização.
Por força do direito internacional consuetudinário, a U.E. e os seus Estados membros têm o dever de não reconhecer a anexação ilegal do Sara Ocidental por Marrocos e de apoiar a descolonização do território. É também uma obrigação moral, uma vez que o povo sarauí sofre, quer no exílio, quer sob a grave violação dos direitos humanos cometida pelas forças marroquinas nos territórios ocupados do Sara Ocidental.
A U.E. deve, por isso, certificar-se de forma inequívoca que o Sara Ocidental fique excluído da aplicabilidade territorial do Estatuto Avançado, sem delegar essa responsabilidade a Marrocos.
Se a U.E. fizer tal precisão estará a seguir o exemplo dos Estados Unidos da America, que excluíram especificamente o Sara Ocidental do seu acordo de comércio-livre com Marrocos. Estará também a seguir o seu próprio exemplo, uma vez que excluiu os territórios palestinos do Acordo de Associação U.E.-Israel. Instamos a U.E. a observar estes precedentes e a apoiar o processo de paz da ONU, cumprindo o seu dever de não-reconhecimento.
Nós, os signatários desta petição, não somos, em princípio, contra uma cooperação mais intensa entre a U.E. e Marrocos. No entanto, exigimos que o acordo que saia das conversações sobre o Estatuto Avançado especifique claramente que a sua aplicabilidade não se estenderá para sul da fronteira meridional internacionalmente reconhecida de Marrocos, ou seja, o paralelo 27 ° 40' N.
Atentamente,


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Swedish MPs demands stopping EU agreement with Morocco

Several Swedish parliamentarians from one of the parties in the Swedish government, have motioned that the Swedish Government should work to prevent the EU from signing any new agreements or agreements of advanced status with Morocco "as long as the country occupies Western Sahara".


In their motion 2008/09: U276 to Parliament, Mrs Agneta Berliner and her fellow liberal parliamentarians state that "Morocco is an occupying power. Since 1975 the country is occupying its neighbour Western Sahara and is conducting assaults on the Sahrawi people".

The Folkpartiet (fp) is part of the Swedish coalition government, and has for several years urged for the Sahrawi people's right to self-determinatino. The current Swedish minister for EU affairs, Mrs. Cecilia Malmström, is of the same party. She has earlier demanded that the government should recognize the Sahrawi Arabic Democratic Republic.

The 4 parliamentarians conclude that "it is an occupation that violates the principle of sovereignty and which has been condemned by the UN. According to a UN resolution a referendum should have taken place in 1992 in which the Saharawi people would take a stand on their country's future, but Morocco has still not allowed the vote to take place. Negotiations to obtain a change has basically stood still since 2004."

Despite this, the EU has over the years included, inter alia, association agreement with Morocco, which has benefited the country's economy which is dependent on the European market. Morocco's current
objective in its relations with the EU is to become an "advanced partner", which would further deepen cooperation between the Union and the kingdom both financially and security wise.

Reactions from the EU has notably come from Commissioner Benita Fererro-Waldner and French President Nicolas Sarkozy who have predicted that the proposed status to become a reality.

"If the EU accepts such a status on cooperation, we would further legitimize and finance the Moroccan occupation of Western Sahara. The current partnership agreement has apparently not made Morocco prepared to comply with international law. However, the EU has a key role to play to safeguard the right of the Sahrawi people to decide themselves about their future in accordance with international law. The EU should therefore condition any further agreements with Morocco so that the
occupation of Western Sahara ends", they write.

Mosaic investigating its phosphate shipments from Western Sahara

The US fertilizer producer will make a decision on continued imports from the occupied territories in 2009.


The letter below is a response to letter sent by the Florida section of Western Sahara Resource Watch to Mosaic Co., on 7th of October 2008.

See the below letter in pdf here.


James T. Prokopanko
President
Chief Executive Officer
3033 Campus Drive, Suite E490
Plymouth, MN 55441
P.O.Box 5790, MS 190
Minneapolic, MN 55440-5790
USA

November 19, 2008

Mr. David Urnes Johnson
Western Sahara Resource Watch

Dear Mr. Johnson:
Thank you for the letter you sent in October expressing concern regarding Mosaic's shipment of phosphate rock from the Moroccco and Western Sahara regions. I appreciate your outlining the concerns of the Florida section of the Western Sahara Resource Watch.

I want to assure you that we are currently investigating this issue. While we believe our shipments of phosphate rock are in full compliance with international law, we recognize the issues you raise. We are assessing our current production needs and will determine in 2009 whether we purchase any additional rock from the Western Sahara region.

Thank you again for expressing your concerns.

Sincerely,

James T. Prokopanko
President and Chief Executive Officer.

La société espagnole Calvo décide de fermer ses installations de conserves au Sahara occidental

Chahid El Hafed,Le directeur général de l’entreprise espagnole,Calvo, Javier Lacoz a déclaré que son entreprise ne renouvellera pas les contrats d'approvisionnement depuis le port d'El Aaiun (Sahara occidental) pour l’année 2009, à l’issue de la présentation d’une nouvelle production, a indiqué, le journal espagnol, El Correo Gallego.es

L’entreprise Calvo est l’une des entreprises des conserves les plus importantes de l'Espagne et le cinquième producteur du monde, a commencé ses activités de production de conserve à la capitale occupée du Sahara occidental, El Aaiun en 2005.

En mai dernier Western Sahara Resource Watch (WSRW) avait mené une campagne exigeant la cessation immédiate des activités de Calvo dans les territoires occupés du Sahara Occidental. WSRW avait contacté le directeur du personnel de l’entreprise espagnole, Emilio Marcos qui lui a réaffirmé que Calvo a fermé ses installations au Sahara occidental et qu’elle concédera les droits d’exploitations aux autres entreprises, rappelle-t-on.

BASF refuses to disclose "expert opinion"

BASF, the German chemical company who imported Western Saharan phosphates early October, wrote that they "are fully confident that the operations of OCP at Boucraa and the purchase of the replacement delivery were consistent with international law". But after request from WSRW, they refuse to publish their “expert opinion” upon which their conclusion is based. To clarify further aspects of the unpublished report, they refer to a US law firm. In October, the Belgian branch of Western Sahara Resource Watch discovered the illegal imports of Western Saharan phosphates by a Belgian subsidiary of German chemical company BASF. WSRW, together with German former MEP, Mrs. Margot Kessler, urged BASF on 22nd of October to clarify their role. In their reply to our letter raising the illegality and controversy of such trade, BASF stated that this was an isolated import that would not be repeated again. They however believed that the operations of their Moroccan business partner, the OCP, are beneficial to the local population of occupied Western Sahara, and are, strangely enough, in line with international law. This conclusion was based on what they refered to as an “expert opinion”. Since BASF had not responded to any of the questions asked by WSRW, on 6 November 2008 a new letter was sent to BASF, where same questions were repeated. Simultaneously, WSRW demanded a copy of the so-called “expert-opinion”. If anything, Western Sahara Resource Watch believes that the Moroccan economic activities in the occupied territories of Western Sahara have lead to the systematic marginalisation of the Sahrawi from the phosphate industry, as is clearly demonstrated by the France Libertés report of 2003. Read letter from WSRW to BASF below. As to the remark of the legality of OCP’s operations, WSRW referred to the numerous UN resolutions and UN practice treating Western Sahara as a non-autonomous territory. The letter concludes that “given this status, any economic activity undertaken by an occupying power in disrespect of the wishes and interests of the local population, would consist in an infringement of international law. Since all evidence points to the fact that OCP’s operations in the area are neither according to the local population’s interests nor their wishes, we do not see how one can argue the consistency of OCP’s activities with international law." Today WSRW received a reply from Mrs. Anne Forst of BASF, saying that “unfortunately, we [BASF] cannot provide you with a copy of the expert opinion we received from the OCP”. In stead, they called upon WSRW to contact the US based law firm Covington & Burling for further information. ////////////////////////////////////// Mail from Anne Forst, BASF, to international coordinator of WSRW, Cate Lewis 19 November 2008 Dear Ms. Lewis, Thank you for providing us with the report by France Libertés/Foundation Danielle Mitterand. Please understand that due to competitive reasons we cannot answer your questions in great detail. BASF uses phosphate as a raw material for the production of fertilizers. The phosphate originated from Western Sahara received by OCP was an isolated replacement delivery from this territory. Unfortunately, we cannot provide you with a copy of the expert opinion we received from OCP. However, the contact person for additional information on OCP’s operations in the Western Sahara is Mr. Derek Ludwin, Covington & Burling LLP, Washington D.C.20004. E-Mail: dludwin@cov.com. Kind Regards, Anne Forst Sustainability Center ////////////////////////////////////////////////// Letter from Mr. Margot Keßler to Mrs. Anne Forst, BASF 6 November 2008 For the attention of Mrs. Anne Forst, Sustainability Center, BASF Dear Mrs. Forst, Thank you very much for your quick reply, dated 30 October 2008, to our letter soliciting a clarification regarding the BASF imports from the Bu Craa mines, occupied Western Sahara. It shows that BASF treats this matter seriously, which is much appreciated. We’re also pleased to take note that the company does not expect to import from the occupied territories again. We understand from your letter that BASF will not use this illegal source in the future. However, we would like to reiterate some of our questions, which we feel have yet to be answered. • Are our sources correct in stating that the received volume was 25.000 tons? • We understand from your letter that the Bu Craa import was an isolated case. Could you then confirm that this was the only time BASF has imported from the aforementioned mines during the last 5 years? If not, could you please specify previous imports by volume and date of receipt? • In which plant is BASF processing the phosphates? • And is the final product destined exclusively for Belgian markets? If not, which other markets? We would like to stress again that it is not our intention to be a nuisance to BASF. Rather, we feel clarity is the best policy in controversial issues, such as importing from an illegally occupied territory. In your letter, you refer to an expert opinion that would demonstrate the benefits of OCP’s operations in the occupied territories of Western Sahara. Could you be so kind as to provide us with a copy of this document? The conclusions of the opinion you refer to seems to be in stark contrast with our sources such as the report of the France Libertés/Danielle Mitterrand Foundation, based on extensive field work which clearly demonstrates that Moroccan economic activities in the occupied area of Western Sahara are in no respect beneficial to the local population. Quite the opposite, since Saharawis have been systematically marginalised from the phosphate industry. The France Libertés mission met with 200 former Saharawi workers from the mines. All of them claimed having suffered various violations of their socio-economic rights. Regarding those who still work in the company, the report states that “[n]ot only have the Saharawi workers benefited very little if not at all, of any promotion, but they have mainly been subject to downgrading measures in the scale of the jobs they held, without any prior information, nor any reason.” We enclose a copy of the report, for your ease of reference. Finally, we’d like to point to the numerous UN Resolutions and longstanding UN practice treating Western Sahara as a non-autonomous territory. Given this status, any economic activity undertaken by an occupying power in disrespect of the wishes and interests of the local population, would consist in an infringement of international law. Since all evidence points to the fact that OCP’s operations in the area are neither according to the local population’s interests nor their wishes, we do not see how one can argue the consistency of OCP’s activities with international law. We also take the opportunity to send you a book in the mail, “International Law and the Question of Western Sahara”, published by the International Platform of Jurists for East Timor in 2007. Looking forward to your reply, Margot Keßler Former Euro-Parliamentarian Cate Lewis International Coordinator Western Sahara Resource Watch http://www.wsrw.org A reply can be sent to Cate Lewis at lewis.cate@gmail.com or (+61) 407 288 358. Attached: - France Libertés/Danielle Mitterrand Foundation Report of the International Mission of Inquiry in Western Sahara, November 20

La deuxième édition du festival Artifariti s’ouvrira samedi prochain à Tifariti lébérée

Chahid El Hafed,L’organisation Artifariti a annoncé dans un communiqué cité par l’union des journalistes et écrivains sahraouis, qu’elle ouvrira les travaux de sa deuxième édition, samedi prochain à Tifariti, dans les territoires libérés de la RASD, en présences d’artistes internationaux et sahraouis.

Le festival organisé à l’initiative de l’organisation des amis du peuple sahraoui à la ville espagnole de Séville en collaboration avec le ministère sahraoui de la culture, qui ouvrira ses travaux du 22 novembre au 06 décembre prochain, "permettra aux artistes internationaux d’exprimer à travers l’art, leur soutien et leur solidarité avec le peuple sahraoui pour son droit à l’autodétermination et à l’indépendance", a ajouté la même source.

Selon la même source cette année est attendue une grande participation des artistes, d’Algérie, d’Espagne du Mexique, du Pérou, qui travailleront sur des projets artistiques dans la localité de Tifariti libérée.

Parmi les participants, la source cite notamment, la lauréate du prix national des arts (Espagne), Iva Lutz et Federico Gusman, ainsi que des peintres et des organisations espagnoles activant dans les domaines de l’art et la littérature.

Des ateliers artistique au profit des artistes sahraouis supervisé par plusieurs participants au premier festival, a indiqué la même source.

M. Elhaj Ahmed salue la position du Mexique en faveur de l’autodétermination du peuple sahraoui

Mexico, Le ministre délégué auprès du MAE, chargé de l’Amérique latine, Elhaj Ahmed a salué la position constante du gouvernement et du peuple mexicains, soutenant la juste cause du peuple sahraoui, à l’issue d’une conférence de presse qu’il a animé au siège du Sénat des Etats unis du Mexique, a rapporté une source de l’ambassade sahraouie à Mexico.

Le diplomate sahraoui, qui s’exprimait à l’occasion du 30ème anniversaire de l’établissement des relations entre le Mexique et la RASD, a souligné la volonté du gouvernement sahraoui de consolider les liens d’amitié et de fraternité existants entre les deux pays et peuples frères.

Ont pris part à cette cérémonie des membres du sénat mexicain, des représentant du ministère des AE, des ambassadeurs accrédités au Mexique, ainsi que la secrétaire générale de l’Union nationale des femmes sahraouies (UNFS), fatma Elmehdi et l’ambassadeur sahraoui au Mexique, Ahmed Moulaye Ali.

La RASD participe à la 44ème session de la Commission africaine des droits de l’Homme et des peuples

Abuja (Nigéria), Une délégation sahraouie composée, Abba Salek Elhaissen et Lehbib Ali Salem, respectivement : membre du Conseil législatif et premier secrétaire de l’ambassade sahraouie au Nigéria, a pris part aux travaux de la 44ème session de la Commission africaine des droits de l’Homme et des peuples, qui se tient du 10au 23 novembre courant.

La délégation sahraouie a évoqué la situation des droits de l’Hommes dans les territoires occupés du Sahara occidental, où les droits des Sahraouis sont violés quotidiennement par le Maroc, ainsi que le pillage illicite des ressources naturelles sahraouies de la part des l’autorité coloniale marocaines et certains pays étrangers.

"Cela ne peut se traduire que comme un encouragement à l’occupant marocain", a ajouté M. Abba, appelant l’Union africaine à "assumer ses responsabilités dans la protection des civils sahraouis sans défense de la répression sauvage des forces marocaines".

Il a également regretté que le Maroc, soutenu par quelques puissances, tente de contourner les droits inaliénables du peuple sahraoui à l’autodétermination et à l’indépendance, rappelant que la commission de décolonisation de l’ONU avait adopté récemment une résolution réaffirmant de nouveau le droit du peuple sahraoui à l’autodétermination.

La délégation a eu en marge de cette session, plusieurs rencontres avec les délégations des Etats et organisations participantes, qui les a informé des efforts de la RASD dans la promotion des droits de l’Homme, des derniers développements de la question du Sahara occidental et de la situation des droits humains dans les territoires occupés du Sahara occidental et au sud du Maroc.

L’Envoyé spécial du Chef de l’Etat reçu par le président angolais

Luanda, Le ministre des AE, Mohamed Salem Ould Salek a été reçu par le président de la République d’Angola, Eduardo Dos Santos, qui lui a remis une lettre du président, Mohamed Abdelaziz.

Les entretiens ont eu trait, aux développements de la question du Sahara occidental, aux relations bilatérales et les moyens de les renforcer au profit des deux peuples et à d’autres questions d’intérêts communs, a précisé une source proche de l’ambassade sahraouie en Angola.

L’Envoyé spécial du président de la République a transmis les remerciements et la gratitude du gouvernement de la RASD au président angolais, Eduardos Dos Santos, pour la position constante de soutien de son pays au droit du peuple sahraoui à l’autodétermination.

Pour sa part, M. Eduardo Dos Santos a réitéré la position de l’Angola à la RASD, appelant à la décolonisation du Sahara occidental.

Le ministre des Affaires étrangères, Mohamed Salem Ould Salek est arrivé mercredi à la capitale de l’Angola, Luanda, dans le cadre d’une visite de travail de quelques jours, rappelle-t-on.

Un parti espagnol dénonce le refus de l’ambassade marocaine de lui recevoir une lettre adressée à l’ambassadeur

Madrid, Le dirigeant du parti espagnol, Union, progrès et démocratie (UPD), Fernando Mauro a dénoncé le refus des fonctionnaires de l’ambassade marocaine de recevoir une lettre adressé par l’UPD à l’ambassade du Maroc.

La lettre porte la signature de 8500 adhérents au parti et 300.000 des voix exprimées au cours des dernières élections, a précisé la même source.

Pour sa part, la présidente du parti, également député au parlement espagnole, Ronadez Conzalez a appelé "l’Espagne en tant qu’ancienne puissance coloniale, à la décolonisation du Sahara occidental", exigeant du Maroc à "revenir à la légalité internationale en permettant l’organisation d’un référendum sur la base du recensement de l’ex administration espagnole".

"Le refus catégorique du Maroc d’appliquer les résolutions onusiennes et l’avis juridique de la Cour internationale de justice de 1975 qui réaffirment le droit du peuple sahraoui à l’autodétermination, ne peut que cautionner le retour aux armes et envenimer les relations du Maroc avec les pays voisins", a averti, Mme Conzalez.

"L’Espagne est appelée à reconnaître la RASD si celle-ci remportera les résultats du référendum d’autodétermination du peuple sahraoui", a précisé le parti espagnol.

"Les Sahraouis doivent exercer leur droit à l’autodétermination et jouir de leur droits civiques et politiques", a ajouté la responsable espagnole.

''La RASD est reconnue par l’UA et par plus 75 pays comme Etat légitime des Sahraouis'', affirme le congressman, Joe Pitts

Washington,Le congressman, Joe Pitts américain a affirmé que "la République arabe sahraouie démocratique (RASD) reconnue par l’organisation de l’Union africaine (UA) et par plus de 75 pays, représente l’Etat légitime des Sahraouis", dans un éditorial publié par le journal américain, For peace, sous le titre : "la voix des sans voix".

M. Pitts a rappelé que le Sahara occidental était jusqu’à 1975 une colonie espagnole, ajoutant que "l’espoir des Sahraouis à l’indépendance a augmenté depuis l’invasion du territoire par le Maroc après le retrait de l’Espagne".

A cet égard le congressman américain a relevé que la cour internationale de justice (CIJ) de l’ONU avait réaffirmé en 1975 que les revendications du Maroc pour le Sahara occidental n’ont pas de fondement juridiques et depuis lors les Sahraouis luttent pour la libération.

Le référendum d’autodétermination n’a pas pu être organisé en raison des tergiversations du Maroc, a constaté M. Pitts, ajoutant qu’en dépit des dures conditions de l’exil, "les autorités sahraouies ont préféré maintenir que le retour aux hostilités pour la libération de leur patrie".

D’autre part, le congressman américain, a indiqué que l’activiste sahraouie des droits humains, Aminetou Haidar s’est sacrifiée pour la défense de l’injustice et des violations flagrantes des droits de l’Homme commises par le Maroc contre le peuple sahraoui et dont elle a vécue à l’âge de 21 ans.

Arrêtée la première fois en 1987 pour avoir participé à une manifestation pacifique contre l’occupation du Sahara Occidental, appelant à l’autodétermination du peuple sahraoui à laquelle ont participé 700 protestataires dont 17 femmes et 70 Sahraouis portés disparus. Elle sera soumise aux atroces formes de torture.

Après sa libération en 1991, elle a continué sa lutte contre les violations des droits humains dans les territoires occupés du Sahara occidental puis a été de nouveau arrêtée à plusieurs reprises pour ses activités pacifiques de défense des droits humains.

En 2006, Aminetou Haidar a mené une campagne de sensibilisation internationale autour des violations des droits humains commises par les autorités marocaines au Sahara occidental.

Moroccan court of appeal postpones the trial of Saharawi journalist to Nov 27

The Moroccan colonial court of appeal in Agadir postponed the trial of the Saharawi journalist and prisoner of conscience, Mustapha AbdDaiem, to 27 Nov. The Saharawi journalist and short stories writer was informed of the date of his trial the day before the session, what pushed his lawyers to express rejection of this decision and ask for the postponement to have time to study the case. Mustapha Abd Daiem, also member of the Saharawi Journalists’ and Writers’ Union entered the Moroccan court raising his hand with the sign of victory and chanting slogans in favour of the independence of Western Sahara. On the other hand, this time in the occupied city of Dakhla, the sister of Mustapha, Ms. Khadija, was in her turn presented Wednesday to the Moroccan colonial court for a false accusation. The sister of the Saharawi activist, was attacked by a Moroccan collaborator with the police, he insulted her. But instead of been arrested the Moroccan police arrested her and accused her of attack against the collaborator. It should be recalled that the Saharawi journalist was sentenced three years imprisonment, 50.000 Moroccan dh fine (more than 5000 US $) and 10 years ban from working in public services, knowing that the victim is a school attendant.

South African COSATU protests Western Sahara inclusion in EU-Morocco deal

A global protest campaign, contesting occupied Western Sahara’s inclusion in a Morocco-European Union (EU) free trade deal is gaining momentum. South Africa’s dominant labour union COSATU told the EU, Monday, it was breaking international law by its planned inclusion of the territory, AFROL news reported. COSATU General Secretary Zwelinzima Vavi today personally wrote to the Brussels union, "demanding" that Morocco’s "advanced status" within the EU "must exclude Western Sahara." The advanced status to be granted Morocco will increase free trade but also political and cultural cooperation. So far, the EU has indicated that the occupied territory of Western Sahara will be included in the deal, contrasting its agreement with Israel, where occupied Palestine is excluded, and contrasting the US-Moroccan free trade agreement, which excludes Western Sahara. In the current EU-Moroccan fisheries agreement, Western Saharan seas were included, despite strong protests, giving EU trawlers access to these waters in return for payment to the Rabat government. COSATU, representing about two million workers in South Africa, is the last among many prominent organisations now joining the global petition demanding that "occupied Western Sahara is specifically excluded from the agreement." COSATU leader Vavi says that if the EU were to include Western Sahara, "through its negotiations with Morocco as the occupying power, it would give an unfortunate sign of support to the unfounded Moroccan claims over the territory. It could also lead to the EU damaging the UN’s efforts to decolonise the territory." The South African labour leader holds that the EU could be breaking international law. "Under International Customary Law, the EU and its member states have a duty of non-recognition of the Moroccan annexation of Western Sahara, and to support the decolonisation of the territory," Mr Vavi says. COSATU is not the first trade union to join the petition. Also, two of Spain’s largest unions, Comisiones Obreras (CCOO) and Unión Sindical Obrera (USO), in addition to unions in Norway and Sweden have joined the fight. Even political parties in Europe, mostly liberal and socialist parties in Scandinavia, have signed the petition. But for the organisers, the global network Western Sahara Resource Watch (WSRW), the support from outside the EU is of particular encouragement. Ronny Hansen, representing the Norwegian partners behind WSRW, told afrol News that "the support from COSATU and other prominent organisations worldwide is a clear recognition that the petition is a matter of global solidarity, and just an internal EU affair." "We hope COSATU’s support for this petition will inspire organisations and governments in other parts of Africa to join our ranks and express clearer support for the rights of the Sahrawis," Mr Hansen says. "After all, Western Sahara is the only African Union member currently under foreign occupation," he concludes.

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International Socialist Women’s conference hails the affiliation of the Saharawi women to the organisation

The International Socialist Women’s conference (IS) hailed the presence of a Saharawi women’s delegation (UNFS) to the works of the conference held in the 14th and 15th November, as an observing member, sources from the Saharawi delegation indicated. "The presence of the Saharawi women in this organisation will have an important role in the defence of the objectives for which the International socialist is struggling", the SG of the organisation, Marlyn Hass, said. On her side, the SG of the Saharawi Women’s Union (UNFS), Fatma Elmehdi gave a presentation on the struggle of the Saharawi women in the Saharawi refugee camps, especially on the light of the international crisis of food. She added that Morocco persists in its illegal occupation of Western Sahara and systematic plundering of its natural resources". Mrs. Elmehdi also mentioned the human rights situation in the occupied territories of Western Sahara, denounced the Moroccan military wall sealed by millions of anti-personal landmines and which is dividing Western Sahara and its people in two. She also paid tribute to the Saharawi human rights activist and ex-prisoner of conscience, Aminetou Haidar, who recently won the Robert Kennedy Award of Human Rights. She considered that "this is a recognition of the chief role played by the Saharawi women in the different domains in the occupied zones of Western Sahara, in the south of Morocco, in the Diaspora and in the Saharawi refugee camps, to get the independence". After the conference, the SG of the UNFS met with the SG of the Mexican Revolutionary Party, Béatriz Baridez, who affirmed her party-s support to the Saharawi people-s right to freedom and independence. The Saharawi delegation also met with representatives of Mexico, Angola, Brazil, Afghanistan, Norway, Ukraine, Equatorial Guinea, it should be recalled.

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A delegation of POLISARIO Front participates in the Congress of the French Socialist Party

A delegation representing POLISARIO Front, composed of Mhamed Khadad and Omar Mansour, members of the National Secretariat and respectively the coordinator with MINURSO and the representative in France, participated following an invitation to the 75th Congress of the French Socialist party, held in Reims from 14 to 16 November 2008. The secretary of International Relations of PS welcomed the presence of the foreign delegations including POLISARIO Front’s, a source close to the Saharawi delegation pointed out. The Saharawi delegation had talks with the party officials responsible for Maghreb and African affairs as well as many delegations including those of Mauritius, Sweden, Angola, German SPD, Norway, Central Africa Rep, Chad, Lithuania, Cameroon, Italy, Mali and Nicaragua. The congress has completed its work Sunday without being able to elect a new National Secretary. The election was left to a voting process for next Thursday, the same source added.

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