Issues Home About Contact Us Issue 6 - May 2013 عربى
Regional Developments

Fisheries Agreement, Natural Resources of Western Sahara

As with any occupation, the prime target is economic gain primarily manifested through the exploitation of natural resources. With rich mineral and maritime wealth, Morocco has gained economic benefit from the illegal occupation of Western Sahara since 1975. The extraction of natural resources has perpetuated this occupation and has been the driving force for the transfer of Moroccan citizens into the territory.

Agricultural enterprises have used the limited water resources in this arid country for produce exported to European countries. The overuse of these resources and the use of unsustainable techniques for agriculture, specifically for growing tomatoes, will have immediate consequences with severe water shortages predicated by 2030.

The biggest trading partner for Western Saharan goods via Morocco is the EU. However, some countries such as The Netherlands and Switzerland have required labeling of imports as originating from the occupied territory. The United States, specifically stipulates that products are not originating from Western Saharan. In addition to agricultural products and minerals, the EU involvement in exploiting the fishing waters of the coast of Western Sahara is the subject of a new controversy.

The debate over the proposed renewal of the fisheries agreement comes as Morocco and the European Union are negotiating a Deep and Comprehensive Free Trade Agreement. The EU is keen to open up trade in the services sector, while the EU and Morocco already reached approximately €24 billion in 2011. Morocco also benefits as the largest recipient of European neighborhood aid, with €580.5 million Euros earmarked for 2011–13.

The previous issue of Land Times discussed the possibility of a new EU-Morocco fisheries agreement. Since then, the deal has yet to advance due to concerns of the European Parliament of the validity of such an agreement under international law. The proposed new agreement is not much different from the previous agreement. The European Commission proposes to include a human rights clause, but that has been criticized by members of European Parliament because (1) simply adding a human rights protocol does not sufficiently validate the overall agreement legal under international law and (2) the current situation in Western Sahara, especially the area under Moroccan control, does not currently meet basic human rights standards. Adding to the controversy, in March 2013, Morocco refused entry to four European parliamentarians who were part of a delegation observing the human rights situation in Western Sahara.

Morocco’s own territorial waters have been overfished and depleted, and the country now relies on Western Saharan fishing waters with an estimated 70–90% of catches originating from them. Thus any agreement that Morocco makes with the EU, or any other party, will heavily rely on access to Western Saharan waters. Critics argue that the EU’s role in participating in trade in goods from the occupied Western Saharan territories further perpetuates that conflict. As consumer and civic watch groups become increasingly outspoken, leaders are becoming aware of the consequences of trade in occupied territories, from the West Bank to Western Sahara, while constituents and victims insist that states uphold their extraterritorial human rights obligations in trade and investment. In a landmark initiative, the liberation movement of Western Sahara Frente POLISARIO already has challenged the EU-Morocco free trade agreement to the European Court of Justice for breaches of multilateral treaties and for failure to consult POLISARIO as the representative of the affected Sahrawi people.

 


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