Bir Lehlu (liberated territory), 27/05/2006 (SPS) The President of the Republic, and Polisario Front’s Secretary General, Mohamed Abdelaziz, expressed "the gratitude of the Saharawi people" to the Swedish Government for having voted against the robbery of the Saharawi fishing resources, which were the subject to a recent EU-Morocco agreement.

 

"The European Union has made a serious mistake in ratifying the illegal fishing agreement with Morocco, which includes the exploitation of the coasts belonging to the Saharawi territorial waters that are the subject of dispute and over which Morocco legally does not exercise any administration", underlined the Head of the State in a letter to the Swedish Prime Ministr, Göran Persson.

 

Here is the complete text of the letter, SPS received:

 

Bir-Lehlu, May 25, 2006

 

H.E Prime Minister of Sweden

Mr. Göran PERSSON,

Your Excellency,

 

On behalf of the Polisario Front, I would like to convey to your Excellency as to the Swedish government and people, our warmest greeting. We avail the gratitude of the Saharawi people for the support which you have been giving, for long time, to their legitimate struggle for self determination.

 

As you are  well aware, a few days ago,  The European Union has made a serious mistake in ratifying the illegal  fishing agreement with  Morocco , which includes the exploitation of the coasts belonging to the Saharawi territorial waters that are the subject of dispute and over which Morocco legally does not exercise any administration.

 

It is very well known that:

 

Prior to the Spanish colonisation of Western Sahara there were no ties between Morocco and Western Sahara nor was there any sovereignty of Morocco over the Territory, as stated in the legal opinion of the International Court of Justice of October 16, 1975. Therefore, the Court concluded that a free and fair process on self-determination was needed to determine the legal status of the territory in the framework of United Nations resolutions with regard to a Non self-governing territory.

 

Morocco’s military invasion in October 1975, denied, by force, the people of Western Sahara the exercise of their right to self-determination; later on, Morocco committed what UN General Assembly resolution 2625 (XXV) called ”international crime.”

 

Morocco tried to use and interpret Madrid Agreement of November 14, 1975, as a reason for “legitimising” its occupation. However, Mr Hans Corel, former UN Under-Secretary-General for legal Affairs sustained in his legal opinion of January 29, 2002, that “Madrid Agreement did not transfer sovereignty over the Territory, nor did it confer upon any of the signatories the status of an administering Power, a status which Spain alone could not have unilaterally transferred.”

 

In this sense, Morocco’s presence in Western Sahara had already been described by the UN General Assembly resolution 3437 of 1979 as an “illegal occupation.”

 

The latest UN secretary-general report on the situation concerning Western Sahara of April 2006 (S/2006/249) stated that “no State member of the United Nations had recognised that sovereignty” of Morocco over Western Sahara, whilst informing the Security Council on the gross violations of human rights of the Saharawi population perpetrated by Moroccan security forces.

 

Morocco is neither the legitimate sovereign power nor the legal administering power as understood by the United Nations Charter (article 73). Therefore, any attempt to engage in agreements that involve the exploitation of the natural resources of Western Sahara will be a clear violation of international law. This prospect is not going to enhance European Union’s credibility as a major actor on world affairs.

 

These are the same principles that made the United States exclude the territory of Western Sahara and, consequently, the Saharawi natural resources from the Free Trade Agreement that it signed with Morocco in July 2004.

 

The European Union must have  complied with the dictates of international law, UN resolutions and the decisions taken by UN Member States regarding their negotiations with Morocco; all in all, international legality. The European Union cannot invoke it in some cases and rule it out in others.

 

This fisheries agreement is concluded with neither a de facto nor a de jure administering power, but with a de facto occupying power that, by signing it, seeks to obviate international legality with a view to perpetuating its occupation in Western Sahara.

 

Unfortunately, the EU, under self-interested pressure of few members,  has mad a great mistake by taking a dangerous path that may have irreversible consequences on the ongoing peace process in Western Sahara and consequently on the entire region.  The EU cannot obviate nor defy the efforts deployed by the United Nations with a view to concluding the decolonisation process of the last colony in Africa.

 

We believe that including territorial waters of Western Sahara in the fisheries agreement concluded between the European Union and Morocco last Monday it is , a great  and tragic mistake in the  legal, political and diplomatic context, and  that the Saharawi   people and the POLISARIO Front will never forget it, which will further aggravate the wounds of North Africa.

        

Excellency Prime minister,

 

Following the vote on the mentioned accord , I would like to express my deep appreciation and gratitude ;on  my behalf and the on behalf of the  Saharawi people ,to Sweden for rejecting this accord on the basis that it does not respect the  principle of  self-determination  of   UN  and  contradicts the international law (...)

 

The Saharawi government and the Polisario Front ; would like to express their  recognition  to Sweden for this attitude , coherent with the historical position of Sweden in supporting and defending   justice,  human right, self determination and international law. Sweden voiced loudly her position at an opportune moment of our history .Our people which has been struggling for more than three decades in most difficult conditions received this signal of with great joy and happiness.  We value greatly the Swedish policy.

 

I avail myself for assurance of my high respect and consideration.

 

Mohamed ABDELAZIZ, President of S.A.D.R.

Polisario Front Secretary General." (SPS)

 

010/090/100/TRD 271035 May 06 SPS

 

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SPS SADR/SPAIN The construction of the Maghreb conditioned by the settlement of the Western Sahara conflict, the Saharawis answer Moratinos