The Decolonisation Process in Western Sahara

published by The Court of Conscience magazine Issue 2, 2008. A publication of The Law Society at the University of New South Wales (Australia). ------------------- The Western Sahara issue is an important and relevant issue to all those who are interested in the role of the United Nations, human rights, justice and peace. Western Sahara is situated in northwest Africa along the Atlantic coast, and was a Spanish colony for almost 100 years. In 1975, Spain signed a secret agreement with Morocco and Mauritania, dividing the territory between them.1 Both Morocco and Mauritania invaded and illegally occupied territory. However, in 1979, Mauritania abandoned its territorial claim over Western Sahara and signed a peace treaty with the Indigenous people. Despite this, Morocco maintains administrative control and continues to claim sovereignty over most of the Territory. The United Nations (‘the UN’) and the Organisation of African Unity (‘the OAU’) have been trying to organise a referendum on self-determination in Western Sahara.2 The UN Decolonisation Program The Charter of the United Nations recognises the right of peoples to self determination.3 Furthermore, the UN passed landmark resolutions and established important decolonisation programs.4 In 1963 Western Sahara was included in the UN list of the non-self-governing territories, and in October 1964 the UN Decolonisation Committee adopted its first Resolution on Western Sahara, urging Spain to start the process of decolonising the territory.5 The UN General Assembly issued a similar Resolution on December 16, 1965.6 Initially, Spain was reluctant to start the process of decolonisation; but in August 1974, it informed the UN that it was prepared to organize a referendum on self-determination. In this referendum, the people of Western Sahara could choose either full independence or to remain attached to Spain. Morocco and Mauritania opposed the referendum idea as they wanted the Territory for themselves. The Moroccan Sovereignty Claim and the ICJ In order to postpone the referendum, Morocco, with the support of Mauritania, asked the UN General Assembly to seek arbitration from the International Court of Justice (‘the ICJ’) and to give legal advice on this matter. On 13 December 1974, the ICJ was asked to give an advisory opinion on: (1) whether or not the Western Sahara had been terra nullius - a territory belonging to no one - at the time of Spanish colonisation; and (2) if it was not terra nullius at the time of Spanish colonisation, then what was the legal relationship between Western Sahara and Morocco, and Western Sahara and Mauritania7. In international law, sovereignty has two elements: territorial and jurisdictional.8 Morocco claims that before Spanish colonisation, Western Sahara was Moroccan territory. To satisfy the jurisdictional test for sovereignty, it cites evidence that at the time of Spanish colonisation, some Sahrawi tribes paid allegiance to the Moroccan throne. Specifically, it relies on the Islamic concept of the bayaa, an allegiance amounting to ‘a contractual agreement whereby the Muslim community offered a conditional loyalty to its caliph (leader) in response to his recognition of his obligations under the sharia’9. On this basis, Morocco claims firstly that it, not Spain, has a legitimate claim to sovereignty over the territory of Western Sahara. It also claims that the principle of uti possidetis juris,10 which holds that colonial boundaries cannot be altered on independence or decolonisation, applies to that territory. The ICJ studied all the documents presented to it by Morocco, Mauritania, Spain and Algeria; but the Sahrawis were not allowed to appear before the Court since the ICJ can only hear evidence from States.11 After twenty-seven sessions, the ICJ issued its opinion on October 15, 1975.12 The Court decided unanimously that Western Sahara was not terra nullius when Spain proclaimed a protectorate over it in 1884, since it ‘was inhabited by peoples which, if nomadic, were socially and politically organised in tribes and under chiefs competent to represent them’.13 The court then gave the conclusion of its opinion regarding the legal ties between Western Sahara, Morocco and Mauritania: The Court’s conclusion is that the materials and information presented to it do not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian entity. Thus the court has not found legal ties of such a nature as might affect the application of resolution 1514 (XV) in the decolonisation of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory.14 The decision of the ICJ is of great significance. As Thomas Frank put it, ‘the judges asserted the supremacy of the norm developed by UN resolutions and the practice of decolonisation: the Sahrawi population was entitled to self-determination within the perimeters of the existing colonial entity’.15 It is clear that the ICJ decision is a rejection of the Moroccan claim of sovereignty over Western Sahara. The Postponed Referendum Despite the Court’s decision, Morocco and Mauritania invaded and occupied Western Sahara in 1975 in a grave violation of international law. The UN Security Council adopted a resolution deploring the invasion and calling on Morocco to withdraw form the Territory16, but the resolution was never enforced. The invasion provoked a prolonged war; causing great suffering to the Indigenous Sahrawis who have been denied their basic human rights. Yet it is a human tragedy rarely noticed by the rest of the world. In August 1988, as result of war-weariness and international pressure, Morocco agreed to a UN-OAU peace process. Central to the UN-OAU peace plan (‘the plan’) is the holding of a referendum providing an opportunity for the Sahrawi people to exercise their right to self-determination in a free and fair manner. A cease-fire was declared in September 1991 and a UN mission (MINURSO) was deployed in the territory. According to the original plan,17 the referendum should have taken place in January 1992. Furthermore, Morocco signed the Houston Agreements negotiated under the auspices of James Baker, the former Personal Envoy of the Secretary-General. The agreements were endorsed by the Security Council and should have lead to the organisation of the referendum. In an attempt to break the deadlock, James Baker presented what became known as the Baker Plan that was endorsed by the Security Council in July 2003. The plan envisaged four to five years autonomy under Moroccan sovereignty, followed by a referendum on the final status of the Territory in which Moroccan settlers who resided in the territory since December 1999 would vote. As a gesture of good will and in a spirit of co-operation, Polisario [a Sahrawi movement working for Western Sahara’s independence- ed.] accepted the Plan despite the risks involved in it- but Morocco rejected it. In August 2004, Morocco decided to abandon the peace process and the referendum idea altogether, due to fears of the verdict of the Saharawi people. In response, the UN Security Council called on Morocco and Polisario to enter into direct negotiations without preconditions, in good faith, and with a view to ensuring the respect for the right of the Saharawi people to self-determination. Morocco and Polisario met four times at Manhasset neat New York in 2007 and 2008 for direct negotiations under UN auspices, but the talks have so far failed because Morocco refuses to consider the referendum idea and will only offer what it calls “autonomy”; which the Saharawis consider falls short of the right of self-determination. The right of peoples to self-determination is enshrined in the declarations of the United Nations and the Organisation of African Unity.18 Furthermore, the ICJ verdict upheld that the Sahrawi people are entitled to exercise this right. Therefore, the invasion and occupation of Western Sahara in 1975 was an act of aggression and a violation of international law. The UN has so far failed in its efforts in Western Sahara, because of the lack of major powers in the international community politically and publicly supporting the referendum. Unlike the referendum process in East Timor, which has benefited from the involvement of regional and international actors, the Western Sahara peace process has not yet attracted international attention. Unless there is international pressure on Morocco, the chances of the referendum proceeding in Western Sahara are very slim. After 45 years on the UN agenda, it is tragic that Western Sahara’s decolonisation is still incomplete and that the Sahrawi people are still denied their basic and legitimate right to decide their own future. At the same time, the Saharawis have faced horrendous human rights abuses by Morocco. In addition, their natural resources continue to be illegally exploited by companies from all over the world, including Australia. 165,000 Saharawis have endured life in harsh conditions in refugee camps for the past 33 years. It is the duty of the international community to make sure that a final and lasting decolonisation process is achieved in Western Sahara. The alternative to a peaceful solution will be the resumption of hostilities and the destabilisation of the whole region, something the Saharawis wish to avoid.

Melbourne plays host to African Studies conference

Many scholars from around Australia and abroad attended the “31st annual conference of the African Studies Association of Australasia and the Pacific” (AFSAAP) hosted by Monash University. It was held in the centre of Melbourne at the State Library of Victoria’s conference centre 26-28 December 2008, and entitled Building a common future, Africa and Australasia, see http://www.meetings.com.au/africa/. The Australia Western Sahara Association held an information stall about Western Sahara and had the opportunity to talk with many conference-goers from Australia and overseas. It was useful to raise the profile of Western Sahara in a few cases where people confessed ignorance of the conflict. However, most congratulated us on our presence. Many greeted the stall warmly, being familiar with the issue over many years. A man from Somalia said it was high time Western Sahara achieved its independence. The conference recognises that Australia-Pacific region’s growing economic, political, social and cultural ties with Africa provide an opportunity not only to explore our communalities further but also to work together on shared issues, such as climate change, education, health and security, to develop sustainable, mutually beneficial solutions. Since 1978, the annual African Studies Association of Australasia and the Pacific (AFSAAP) conference has been bringing together Africa-focused scholars, students, government and diplomatic staff, business, industry and individuals to discuss Africa and the issues, challenges and opportunities which the continent faces.

AU brushes aside colonialism

The European Union is veering toward condoning colonialism. Worse, the African Union hardly notices. Meanwhile, the United Nations limps in pursuit of Morocco-occupied Western Sahara’s de-colonisation. Last week, Cosatu, a confederation of trade unions in South Africa, sounded the alarm about EU’s move that might undermine Western Sahara’s de-colonisation. Few noticed. An event unnoticed outside Spain nine days ago also reminded the world a colony still exists in Africa. The demonstrators marked the day in 1975 when the late Morocco’s King Hassan led thousands of his subjects on a “Great Walk” to “reclaim” Western Sahara. It’s a northwest Africa former Spanish colony and before that a collection of tribal chieftains. Incidentally, so full of himself, the King once made a group of foreign journalists, including this columnist, enter his palace in Rabat through the “servants” gate.” He then lectured them on Morocco’s historical embodiment of Western Sahara. The estimated 8,000 people marched in Madrid behind a banner reading “For free and independent Sahara.” Another foretold, “Let’s avoid another war.” That’s a reference to increasing tension between Morocco and Algeria. Algeria opposes Morocco’s three decades occupation and hosts nearly the entire Western Sahara’s original population as refugees. All this might appear unrelated to the EU. Not really! Mid-last month, the EU and Morocco entered into a free-trade deal. The agreement, though, would not only increase trade, but also political and cultural cooperation. The deal contains an interesting phrase, “crisis management operations.” The problem is that the deal doesn’t explicitly exempt Western Sahara. Interestingly, the United States has a similar pact with Morocco. It excludes Western Sahara. The EU has a similar deal with Israel. That, too, excludes occupied Palestinian territory. Why double standards? As Cosatu noted, were EU to negotiate with Morocco “as the occupying power, it would give an unfortunate sign of support to Morocco’s claim over the territory.” That would “also lead to the EU damaging the UN’s efforts to decolonise the territory.” Polisario Party, which runs, in Algerian exile, the government of the Sahrawi Arab Democratic Republic, holds the same opinion. The Sahrawi Republic is a member of the AU, which led Morocco to quit. At best, Morocco’s claim to Western Sahara remains dubious. Spain decided to cut its losses in Africa in 1974. The International Court of Justice rejected Morocco’s claim. Amidst all this, Spain, Morocco and Mauritania signed a secrete deal that allowed the latter two to split the country. Polisario fighters, with Algeria’s support, chased Mauritania out, but they weren’t a match for Morocco. So far, the UN has passed 100 resolutions on Western Sahara, all providing for self-determination. The latest on October 21 reiterated that position. A 1991 UN-brokered ceasefire provided for a referendum to that end. Morocco weaselled out. Commemorating his father’s “Great Walk,” on the eve of Madrid protest, Muhamed VI praised Morocco’s armed forces – read sabre rattling at Algeria – castigated that country for breaking relations, including closing the border, and proposed autonomy for Western Sahara. The late Ethiopia’s Emperor Haile Selassie demonstrated, in dealing with Eritrea, how easily such autonomy evaporates. In the latest developments on Western Sahara, the AU hasn’t raised a finger, considering Morocco’s sympathisers include the United States, France and Britain. The AU chair, Tanzanian President Jakaya Kikwete, emulates a predecessor 32 years ago, Sir Seewoosagur Ramgoolam of Mauritius. He discussed continental issues as often as the Dodo, his country’s bird of years long gone, spoke. Western Sahara is, as a de-colonisation issue clearly a UN baby. However, what’s wrong with the AU adding its weight and in particular castigate the EU for undermining the world body? Moreover, if the AU can’t stand up for one of its members, of what use is it? Source: http://www.nation.co.ke/oped/Opinion/-/440808/494104/-/3n3bue/-/index.html

La entrega del Sahara: pecado original de la monarquía

Antena 3 acaba de proyectar un telefilm titulado "20-N: Los últimos días de Franco". Contra lo que suele ser habitual en los principales medios de comunicación, esta vez sí se habla mucho del Sáhara... Lástima que sea para tergiversar la historia. Y es que, no conviene recordar que la monarquía ha nacido con un grave pecado original: la entrega del Sáhara Occidental a Marruecos violando todos los compromisos internacionales de España.

¿Por qué se mantuvo a Franco en una terrible agonía? El telefilm de Antena 3 no se atreve a decirlo, pero la respuesta es muy sencilla: porque no se quería que el acto infame de la entrega del Sáhara a Marruecos fuera el primer acto de la monarquía. Fue aprobarse la vergonzosa ley de "descolonización" del Sáhara el 19 de noviembre y dejar morir a Franco a las pocas horas. Pero aunque el jefe de Estado nominal era Franco, era Don Juan Carlos de Borbón, el jefe de Estado en funciones, y fue él quien autorizó aquella operación.

Resulta patético comprobar como el telefilm de Antena 3 vuelve a exhumar el "argumentario" que los entreguistas de 1975 menejaron para justificar la villanía: que no se podía "disparar" a las "mujeres y niños" de la Marcha Verde (¿pero había que dejarles entrar en el Sahara? ¿por qué se les impide ahora entrar en Melilla?), que el Sahara no valía la de un soldado español (¿Afganistán sí?), que el Príncipe "solucionó" (¿desde cuando la cesión es una "solución") el "problema" "pacíficamente" (¿no les importaba que el régimen marroquí procediera a un genocidio de los saharauis a quienes entregaron?), que el "malo" de Arias Navarro quería ir a la guerra (¿Arias Navarro? ¿uno de los más partidarios de la entrega sin condiciones a Marruecos?)....

Demasiados "errores"... ¿errores?
Dos datos:

1º. El guionista del telefilm es Lorenzo Silva.

2º. El embajador de Marruecos en España condecoró a Lorenzo Silva, el 20 de octubre con la orden del Wissam alauita, con la que la monarquía despótica del sur premia a sus amigos.

Trade unionists call for solidarity with Western Sahara

The 6th Congress of the Western Sahara General Union of Saguia El Hamra and Rio de Oro Workers (UGTSARIO) took place from October 19-21, 2008, in El Aaiun, one of four Saharawi refugee camps in the Hamada desert in south-west Algeria. The brutally harsh Hamada desert, justifiably termed the most inhospitable place on Earth, has become the home away from home for more than 160,000 Saharawi refugees since Morocco’s occupation of Western Sahara in 1975. Three Australian trade unionists (two from the Australian Workers Union --AWU -- and one from the Media Entertainment and Arts Alliance -- MEAA) travelled thousands of kilometres to attend the congress and participate in the 4th International Trade Union Conference in Solidarity with the Western Saharan Workers, which was convened as part of the 6th UGTSARIO congress. All three were also members of the Australian Western Sahara Association. UGTSARIO congress The UGTSARIO congress was attended by 380 delegates representing different sectors of Saharawi workers, from refugee camps as well as from Mauritania, Algeria, Spain and France. Currently there are four unions affiliated to the UGTSARIO, and the rest of its membership is made up of individual workers. There is a push to develop more unions, specific to particular sectors. Most notable was the high number of women delegates at the congress, which indicates a high level of women’s participation in public life and work. The congress officially opened with the singing of the national anthem and a speech by Mohamed Abdelaziz, president of the Democratic Republic of Western Sahara (SADR), honouring the contributions and sacrifices made by Saharawi workers. Outgoing secretary general of the UGTSARIO, Mohamed Cheikh Mohamed Lehbib, then presented the UGTSARIO bureau’s financial and activities reports, before inviting international delegations representing 16 trade unions to give greetings. Around 70 international guests attended the congress, representing trade unions and organisations from the African Union, Algeria, Nigeria, South Africa, Spain, Italy, Australia, Portugal, Norway, Greece, Mexico and Sweden. The congress also heard from former phosphate workers from the Western Saharan territories occupied by Morrocco. Due to the fierce repression against Saharawis in the occupied zone and a heavily mined 2500-kilometre long wall separating it from the liberated areas and the refugee camps, the participation of these workers could only occur via phone link up. Over the three days the congress debated the adoption of its new national program and elected a new leadership until its next congress in four years. In a rare opportunity the Australian delegations became ``international observers’’ – able to witness the UGTSARIO election process, which was fascinating and very democratic. Mohamed Cheikh Mohamed Lehbib was re-elected general secretary with a high margin and a new executive bureau was also elected. International Trade Union Conference in Solidarity with the Western Saharan Workers This conference (targeted at the international guests) was held on October 20, and was part of the 6th UGTSARIO congress. It focused on discussing three main issues: 1) the plundering of Western Sahara’s natural resources by Morocco and other countries/companies and how to develop a solidarity campaign, 2) abuse of Saharawis’ human rights and workers’ rights abuses by the Moroccan regime, in Morocco proper and occupied Western Sahara 3) supporting UGTSARIO’s membership of international trade union federations. The conference was attended by representatives of 23 trade unions and organisations from 11 countries, representing more than 200 million trade unionists. Iberian peninsular trade unionists were the most represented with three Spanish confederations (the UGT – linked to the current Spanish government, USO and CC.OO), one Basque (ELA), one Galician (CIG) and one Portuguese (CGTP). Italian unionists were represented via the CGIL (the General Confederation of Italian Workers); the Congress of South African Trade Unions (COSATU) sent a sizable delegation, as did the Nigerian Labour Congress (NLC), which participated for the first time. The Algerian federation UGTA sent its general secretary and OUSA – a pan-African federation – and the World Federation of Trade Unions also participated. Ron Guy, representing the Australian Council of Trade Unions (ACTU), spoke for our delegation on the conference panel. The Australian delegation also represented the AWU and the Socialist Alliance. In his conference contribution Ron Guy raised the issue of natural resource theft as being critical to any solidarity campaign that tries to achieve more than just deliver emergency aid to the refugee camps, and instead sharply refocus on the illegal occupation of Western Sahara and the Saharawi people’s claim of sovereignty over their territory. Our delegation argued that Morocco’s illegal trade deals with foreign countries and companies help finance the occupation, and provide legitimacy and support for its continuation. Highlighting this natural resources issue, we argued, automatically brings in the question of sovereignty, which can be avoided by only focusing on human rights abuses. Australian and Norwegian activists, represented by three young Western Sahara Resource Watch members who are teaching English in the camps, are helping to lead this specific campaign. Our reports about work done in this area were enthusiastically received as were our proposals for action. No other country represented at the conference had done any concrete work/actions on this issue to date, even though their own countries are profiting from trade deals with Morocco relating to the theft of the Saharawis’ resources. The East Timor struggle for independence was raised many times during the conference, as it is very pertinent to the Western Sahara situation. Our delegation put forward a proposal for other union federations present to join our protests against Australian company Wesfarmer’s illegal imports of Western Saharan phosphate (Wesfarmer’s fertiliser subsidiary, CSBP is the second-biggest Australian importer of phosphate from Western Sahara). We also moved for an international day of action against the theft of Saharawi resources to take place; targeting companies and/or our respective governments. After discussion, a subcommittee of six people, including a member of the Australian delegation, was nominated to develop a declaration, reflecting the decisions and mood of the conference floor. The final declaration (see below) included the proposal of an international day of action in 2009 against natural resource theft, sending delegations to the occupied territories as ``witnesses to the occupation’’ and to advocate for UGTSARIO’s inclusion in international trade union bodies. There was some initial resistance by the Spanish UGT representative to the inclusion of support for an international day of action on resource theft in the declaration, which was eventually resolved. The declaration was unanimously endorsed by both the international conference and the UGTSARIO congress. The Australian delegation won respect from the international guests and Saharawi trade unionists alike for our work and political interventions we brought to the conference. The Saharawis know that more political solidarity is crucial in order to move closer to finding a just solution to their desperate situation. And this can only be done through pressure being put on complicit governments (such as Spain, France and Australia) by the international solidarity and workers’ movement. The UGTSARIO general secretary came to visit us after the congress to thank us for our participation. Our delegation was also interviewed for the Algerian media and a Saharawi radio show. The conference also presented us with the opportunity to meet other trade unionists and strengthen important networks. Interestingly, many of the international unionists present at the congress had heard about Australia’s horrendous WorkChoices laws and the undemocratic, Gestapo-like Australian Building and Construction Commission (ABCC)! After spending four days at El Aaiun camp the Australian delegation moved to the ``27 February camp’’ to continue its solidarity work. UPES, the Saharawi Writers and Journalists Union, general secretary Malainin Lakhal, who had visited Australia in 2007, helped us organise important meetings with members of the community, SADR government officials and other international solidarity organisations. Delegation member Margarita Windisch (MEAA member, Socialist Alliance and Democratic Socialist Perspective activist, and Green Left Weekly journalist) held a media workshop for members of a youth group from the camp. The workshop was designed to give basic skills on how to write for a Western newspaper and help promote the Saharawi cause internationally. The workshop was very interactive and finished with each participant writing a news article of 300 words. Hopefully we will see articles coming form Western Saharan writers more regularly. Delegation member Garry Holliday gave an Aussie Rules football workshop (believe it or not!) to about 100 schoolkids. Most of the Saharawi youth are very skilled in soccer, so picking up the basics of Aussie Rules was a relatively easy task for these natural talents. While we didn’t have enough time to cohere a Saharawi team together to challenge our very own footy greats at the next grand final, we certainly left a good impression and showed that solidarity can come in many ways. Bringing back footage of the workshop will hopefully help raise the plight of the Saharawi people in Australia. We are aiming to get another mention on a football website that already advertised the workshop in October and are working to get a spot on Australian TV’s sports shows. (See http://www.worldfootynews.com/article.php/20081013231446908) Conclusion Even though the Saharawi struggle seems obscure in Australia, it has very close similarities with the East Timorese and the Palestinian peoples’ struggles for national self-determination. Furthermore, Australian companies (Incitec Pivot-- see http://news.theage.com.au/business/shareholders-approve-incitec-201-split-20080905-4aig.html -- and Wesfarmers -- see http://www.wsrw.org/index.php?parse_news=single&cat=105&art=936) are benefiting from the occupation of Western Sahara and the repression of its people by the Moroccan regime. The visit to the camps was a unique and very humbling experience. It certainly showed what humanity is capable of -- from the most brutal aggression by an elite few (the Moroccan government and its allies) for economic gain, to the heroic resistance of a small nation in the most adverse circumstances. The Saharawi people show in practice that collectivity, organisation and respect can make the critical difference between the survival of a unique people and culture or its disappearance. Thirty-three years of occupation, repression and life as refugees has neither dinted their integrity nor dashed their hopes for justice. At the same time the Saharawi people also pleaded with us to continue and strengthen our solidarity work because they are painfully aware that without international solidarity and pressure their struggle may be lost. Recommendations: 1) That Australian trade unions endorse the declaration of the 4th International Trade Union Solidarity Conference with Saharawi Workers and actively pursue the key points and participate in proposed actions. 2) Send further trade union delegations to Western Sahara (to the occupied zones and the refugee camps) and strengthen their relationship with UGTSARIO. 3) Promote the Western Saharan struggle among its members and in its publications. 4) Join and/or affiliate to the Australian Western Sahara Association (AWSA: www.awsa.org ) Photos of the trip are available at http://www.facebook.com/album.php?aid=67307&l=7aacc&id=675522663 Declaration of the 4th International Trade Union Conference in Solidarity with the Western Saharan Workers, October 20, 2008, El Aaiun refugee camp The trade unions that participated in the 4th International Trade Union Conference in Solidarity with the Western Saharan Workers on October 20, 2008, in El Aaiun (which was part of the 6th congress of UGTSARIO) declare their concerns again about the situation of Western Sahara: The lack of results from the direct negotiations between Morocco and the Frente Polisario under the auspices of the UN; after four meetings the Moroccan government’s refusal to find a solution in accordance with UN resolutions has been re-confirmed. In this regard, we reiterate our support for the UN resolutions that demand the withdrawal of Morocco from Western Sahara, the ability to exercise the right to self-determination and the holding of a referendum in which the Saharawi people can determine their future. In this year that celebrates the 60th anniversary of the Universal Declaration of Human Rights, the Moroccan government continues to violate the basic human rights of Saharawis in the occupied territories with impunity. The arrests, tortures, trials and arbitrary detentions, the disappearances, the intimidations are normal practices that the Saharawi population has to endure. In order to hide its repressive actions and deny international condemnation thereof, the Moroccan government denies international observers the right to enter Western Sahara. The deterioration of basic living standards, working conditions, education, sanitation and right to work is constant. To be Saharawi becomes an obstacle to access employment, which converts itself into discriminatory practice in contravention of the International Labour Organisation and the Universal Declaration of Human Rights. We reaffirm our position, which is outlined in previous trade union conferences, and demand from countries, the European and African Unions not to engage in agreements that affect the sovereignty of Western Sahara and the exploitation of its natural resources. We reject the recent preferential trading status between Morocco and the EU. We also reject the exploitation of Saharawi natural resources, in accordance with the international law enshrined in the UN resolution 1514. This resolution prohibits occupying or colonial powers to engage in commercial activities in occupied territories during the process of decolonisation. The UN resolution 1514 is violated by the presence of Australian, Norwegian, South African and Spanish multinational companies, amongst others, in the occupied territories, who have signed agreements with, and have been given concessions by, the Moroccan government and companies to exploit the natural resources. The trade unions present at the conference affirm that within the current international trade union movement they have to contribute to the presence of the UGTSARIO within international trade unions confederations. The observer status of the UGTSARIO, at the founding congress of the International Trade Union Confederation and in the EU-African trade union summit that took place in Lisbon, helped bring UGTSARIO further into the international trade union movement. We consider that the participation of the UGTSARIO in future trade union meetings is necessary for its future affiliation to international trade union bodies. It is also necessary to include the UGTSARIO in the trade unions’ policies of cooperation as a partner and develop projects that include trade union and professional training in important sectors such as health, education, construction and industries related to the environment, in the refugee camps and liberated territories. At the same time we call on the international trade unions to continue to provide food aid to the Saharawi refugees. With regards to human, labour and trade union rights we demand of the Moroccan government to comply with ILO conventions and end its discriminatory policies towards the Saharawi people in the occupied territories. We also demand the freeing of political prisoners and that Morocco takes responsibility for the Saharawi “disappeared”. We agree to inform the ILO about Morocco’s violation of Saharawi labour and trade union rights. We agree to pressure our respective governments, the EU and the African Union, as well as multinational companies and other institutions to denounce : a) the human rights violations of Saharawis by Morocco b) the illegality of the agreements between Morocco, government administrations and any companies that allow the exploitation of Saharawi natural resources. We demand from the EU to be [consistent] in the defence of human rights and democracy in its commercial agreements with countries outside the EU. To reinforce actions of solidarity and protest, we agree to work towards an International Day of Action in 2009 that focuses on the grave situation of the Saharawi people and the exploitation of their natural resources. We oppose Morocco’s denial of access to the occupied territories by international observers to witness the reality on the ground. We believe that not solving the Western Saharan conflict puts the development of a Euro-Mediterranean dialogue -- in which important countries are either actively or passively involved -- at risk. It is impossible to construct peace, stability and development in the Mediterranean region without taking into account the rights of the Saharawi people, the occupation of its territories and the violation of human rights, which are fundamental to any democratic society. Finally, we congratulate the members and delegates of the UGTSARIO, for the outcomes of their 6th congress. This declaration was signed by representatives or members of the following unions and organisations: OUSA – African Union; UGTA – Algeria; UGT, CC.OO, USO – Spain; CIG – Galicia; ELÄ – the Basque country; CGTP – Portugal ; COSATU – South Africa ; NLC – Nigeria; Confederación Obreros de Campesinos – Mexico; ACTU – Australia; AWU, Victorian Branch – Australia; AWSA – Australia; MEAA – Australia ; Socialist Alliance – Australia; FSM – Greece; CGIL – Italy; Western Sahara Resource Watch International – Norway.

A Voice for the Voiceless

A "ghost, a living dead, a young woman back from a kind of hell that bears no name." These are the words of Aminatou Haidar, a human rights activist from Western Sahara, upon her release in 1991 from captivity by Moroccan security officials. Ms. Haidar hails from Western Sahara, a coastal nation just south of Morocco. The people of Western Sahara, the Sahrawi, are a traditionally nomadic people who were for centuries self-sufficient and content. But today 180,000 Sahrawis survive on donated food in refugee camps which dot the scorched dunes of western Algeria. Western Sahara was a Spanish colony until Spain withdrew in 1975, but Sahrawi hopes for independence were dashed when Morocco promptly invaded. The UN’s International Court of Justice ruled in October 1975 that Morocco’s claim to Western Sahara was illegitimate. The Sahrawis have been fighting for liberation ever since. The Sahrawi Arab Democratic Republic (the government in exile) is recognized by the Organization of African Unity and by 75 individual nations as the legitimate government of Western Sahara. A 1991 UN-brokered cease-fire agreement promised a referendum for national self-determination, but Morocco has spent the succeeding decade doing everything in its power to prevent the referendum from actually taking place. While the Sahrawis languish in exile, their leaders weigh continued patience against going back to war to regain their homeland. Aminatou Haidar has dedicated her life to fighting the injustices and grave human rights violations perpetrated against the Sahrawi people. In the early 1980’s, after having lived through the atrocities committed by the invading Moroccan forces in her youth, Ms. Haidar joined a non-violent resistance against the colonizers. In 1987, when she was 21 years old, she was one of 700 peaceful protestors arrested for participating in a rally in support of a referendum for self-determination. Seventeen women, including Ms. Haidar, were among more than 70 who were "disappeared". She was subjected to the worst kinds of torture, including electrical shocks all over her body. At other times, she was detained in cramped spaces where she was forced to stand most of the time. She was completely isolated from the outside world throughout her detention. Her health has been permanently damaged by these five years of torture and abuse suffered at the hands of the Moroccan police. Since her release in early 2006, Aminatou Haidar has tirelessly led an international awareness campaign to make known the human rights violations perpetrated daily against the Sahrawi people by the Moroccan State in the occupied territories of Western Sahara. I have been to the desert refugee camps where the Sahrawi people sit wasting away as the world turns a blind eye toward their condition. They live and die in camps just across the Algerian border, unable to go home to the land that was taken from them. The greatest human rights challenges of our day are represented by situations like that of Western Sahara. Many people have never heard of the Sahrawi. There are no Hollywood celebrities that have taken up the cause of the Sahrawi people. It is these forgotten people that need the strongest and most dedicated human rights campaigners. Aminatou Haidar embodies the strength of the human spirit and the enduring desire for freedom. Without the efforts of people like Ms. Haidar, the most egregious human rights violations might go quietly unnoticed in the forgotten corners of the world. On November 12, Ms. Haidar will be recognized for her tireless efforts when she is presented with the 2008 R.F.K. Human Rights Award in a ceremony on Capitol Hill in Washington D.C. The Robert F. Kennedy Center for Justice & Human Rights was established in 1984 to support courageous individuals from around the world who have dedicated their lives to confront severe human rights violations. I am pleased that we will take an evening to recognize the life and work of Ms. Haidar because she has given a voice to the voiceless, and no one is in greater need of this than the Sahrawi people.

Activist’s honour puts pressure on Morocco

Aminatou Haidar talks about Western Sahara during an interview in Washington. Dennis Cook / AP With her hands and feet bound and her body tied to a wooden plank, Aminatou Haidar endured hours of torture, including electric shocks and threats of rape. “My body is only a heap of flesh and bones. The police begin to practise systematic methods of torture and other cruel and degrading treatment,” the Western Saharan activist wrote after her Moroccan captors released her. “The more I resisted, the more the methods of torture diversify and sadism attains its heights.” Ms Haidar, 41, was a 20-year-old student in 1987 when she took part in a peaceful demonstration aiming to earn self-determination for her homeland. After the protest she was detained along with dozens of others and became one of many “disappeared”. Her Moroccan captors released her after four years and her ordeal set in motion her long battle to help get recognition for the Western Sahara. It is a fight that has thrust the divorced mother of two to the forefront of the Algerian-backed Polisario Front, which has been trying to get its own homeland for more than 30 years from its neighbour Morocco, which is backed by the United States and France. Analysts say a human rights award for Ms Haidar from the Washington-based Robert F Kennedy Memorial, and the appointment of a new UN envoy to the area, could bring the cause enough attention to begin resolving it. On Thursday, Kennedy’s widow, Ethel, will present the award to Ms Haidar, who is seen as an ambassador for her people and has previously been nominated for a Nobel Peace Prize, in a move that goes against the grain of the US government’s position on the Arab country, which has been embroiled in the bitter dispute since Spain ended its colonial rule in the mid-1970s. “The award adds pressure on Morocco and bolsters Polisario’s case in terms of international thinking,” said Jacob Mundy, a Western Sahara analyst with the Middle East Information and Reporting Project. Stephen Zunes, a professor of politics and international studies at the University of San Francisco, said the award gave badly needed publicity to the situation. “It puts Morocco in a difficult situation. It’s going to make it harder for them to arrest and torture her again. “Moroccans have tried to portray anyone opposing them as a Polisario terrorist and she is clearly not a terrorist and is part of a generally popular struggle. The conflict stems from Morocco sending occupying forces into the Western Sahara, one of the most sparsely populated territories in the world, after Spain relinquished its claim. The move disobeyed resolutions by the UN Security Council and a ruling from the International Court of Justice that rejected Morocco’s claim on the land and recognised the Western Saharans’ right to self-determination. Polisario fought a guerrilla war against the occupiers until 1991, and since then several peace deals have been rejected by both sides. Last month, the UN General Assembly approved a draft resolution designed to promote a new phase of negotiations. Both parties welcomed the move, but Morocco has not yet backed the appointment of the proposed new UN envoy, Christopher Ross, who is a former US ambassador to Syria and Algeria. The move would put the United States back at the centre of the conflict, but Mr Mundy said Mr Ross could face a tough challenge. “He will have the same limited tool kit, which is all carrot and no stick.” Each side is unflinching in its position and Mr Mundy said the new US administration, led by Barack Obama, would have little effect on the situation because the country is unlikely to change its stance: Morocco is too important strategically. The last US envoy to the area was James Baker, a former secretary of state under George H W Bush. His proposals involved Western Sahara becoming a semiautonomous region of Morocco, with a referendum then being held on independence. Last month, five former US ambassadors to Morocco issued a statement saying independence was out of the question and backed the autonomy plan. Analysts said there are only two likely outcomes for the Western Sahara – resolution through international pressure or an armed uprising by Polisario. Mr Zunes said the best way to effect a resolution was pressure from human rights groups in France and the United States to stop their countries’ support of Morocco. “People in the territories need to take things into their own hands through massive non-co-operation and protests to try to make the territory ungovernable and force the occupiers that the status quo is unacceptable.” Mr Mundy said he agreed, but said the environment for armed conflict still exists. “Unless this becomes a bigger issue for international solidarity networks, unless they can ramp up the pressure on governments, I don’t see the situation improving. “Change will only happen if the situation explodes and Polisario decides to go back to war, or some demonstration boils out of control. “The situation in the Western Sahara could become much more unstable, much more violent.” bslabbert@thenational.ae

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Aminatou Haidar address

Special Robert F. Kennedy Human Rights Award

Saharawi human rights activist addressed the audience participating to the reception organised on her honour last Thursday in Washington where she received the Robert Kennedy Award for Human Rights. Here is the complete text of the address: -------------------------------- Remarks by Aminatou Haidar 25th Annual Robert F. Kennedy Human Rights Award, November 13th, 2008 Russell Senate Office Building, Washington, DC As Prepared for Delivery ----- Distinguished guests, Ladies and Gentlemen, Dear friends, allow me to thank the Robert F. Kennedy Center for Justice and Human Rights for uniting us during this event to commemorate together the virtues of a brave man who devoted his life to the fight for freedom and the promotion of human rights. We pay a great tribute to the spirit of Robert Francis Kennedy. "Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance." Those were the words of Robert Francis Kennedy, and as the 2008 human rights award is bestowed upon me on his behalf, I find myself inspired by the same ideals he defended with such conviction and selflessness. I have to tell you that as Robert Francis Kennedy, I believe that "all can freely speak and act to share in the decisions which shape their lives." Moreover, I share his belief that the fight against injustice is the highest form of courage. My people, the Sahrawi people, have greatly suffered from the consequences of an unfair war waged since 1975 by the Moroccan state against their will. Today more than half of my people live in Diaspora, sometimes in very difficult conditions, far from their country and their families, while the other half continues its heroic pacific resistance against the Moroccan occupation. More than 500 Sahrawis have been declared missing since the Moroccan invasion of Western Sahara and the Moroccan state still refuses to give information regarding their status although it conducts propaganda campaigns under the guise of a so-called truth commission, an organization that is supposedly for equity and reconciliation and that runs around the world without giving any real answers on the grave violations of human rights perpetrated against the Sahrawi population. Since May 21, 2005 a non-violent uprising of the Sahrawi population started, proclaiming its right to self–determination. Since then, wherever there is a strong concentration of Sahrawi, demonstrators have gathered in public squares or on university campuses chanting slogans proclaiming their right to self-determination and waving Sahrawi flags. This is always dangerous for the demonstrators who risk being hit by police batons or even torture, which sometimes leads to death as was the case of three young Sahrawis: HAMDI LEMBARKI, BACHAIKH LAKHLIFI and SIDHA ULD LAHBIB or leads imprisonment for up to fifteen years as is the case of the Sahrawi human rights defender YAHIA MOHAMED LHAFED or can even lead to becoming disabled for life as was the case for the Sahrawi students SULTANA KHAYA who lost her right eye and LWALI QADMI who became paraplegic after being subjected to the brutality of the Moroccan security forces. Not to mention the daily ransacking of homes and the constant intimidation and harassment campaigns against the Sahrawi human rights defenders including arrest on the grounds of human rights activism, the loss of jobs, the prohibition of free movement and more importantly the systematic prohibition to form human rights organizations such as the COLLECTIF DES DEFENSEURS SAHRAWIS DES DROITS DE L’HOMME ‘‘CODESA’’ of which I am President and which is still banned by the Moroccan administrative authorities and the ASSOCIATION SAHRAWIE DES VICTIMES DES VIOLATIONS DES DROITS DE L’HOMME ‘‘ASVDH’’ which is also facing the same fate. Ladies and Gentlemen, as a Sahrawi woman victim of the Moroccan repression, subjected to forced disappearance and arbitrary detention, and also as a human rights defender, I reaffirm today that the current situation of human rights in the occupied territories of Western Sahara is tragic and continues to deteriorate on a daily basis. I bear witness to the distress of the Sahrawi population, and call for the protection of their basic rights. It is urgent, it is imperative to renew efforts and intensify the work required to put an end to our suffering. It is widely known that the Western Sahara conflict primarily affects the prosperity of both the Sahrawi and the Moroccan people. It also affects the rest of the Mahgreb and the hopes of its people. The time has come to put an end to the unbearable sufferings that this situation is creating for the population. Shouldn’t the Sahrawi people, in all fairness, benefit from an international protection against the cruel repression that they are being subjected to? How long will the international community maintain its regrettable non-interference approach while a whole people sees its right to self-determination be trampled underfoot by foreign occupation? The time has come to uphold real commitments in order to accelerate the process toward self-determination. The Office of the United Nations High Commissioner for Human Rights visited Western Sahara May 15-19 2006 and confirmed in its report that all human rights violations committed by the Moroccan authorities in Western Sahara stem from the denial of a basic right according to the UN, namely the right to self-determination of the Sahrawi people, an inalienable and perpetual* right. A fourth round of negotiations between Sahrawi and Moroccan leaders recently took place in Manhasset under the auspices of the United Nations and a fifth round is expected. However, the prevailing feeling among the Sahrawi people, even the most optimistic, is that these discussions seem to remain unsuccessful which unfortunately gives rise to disappointment and a lack of hope in the Sahrawi people . Less than two years from the deadline for the completion of the plan of action of the Second International Decade for the Eradication of Colonialism, which was set in 2010, the Sahrawi people are still expecting to receive the support of the international community and to see the United Nations play an active role in seeking a just and equitable solution to this tragic conflict. Allow me as I stand here, on behalf of all Sahrawi human rights defenders, to urgently call upon the international community and particularly the United States to do all they can for the protection of the Sahrawi citizens under Moroccan occupation. I would also like to take this opportunity to remind you that about forty Sahrawi political prisoners (among them human rights defenders) are still behind bars in Moroccan jails and in the infamous El Aaiun prison. They are living in deplorable conditions, mistreated and deprived of their basic rights; their only crime is to have defended the right to self-determination of their people. These prisoners need our support and solidarity so that they can find their freedom. Let us therefore together demand their immediate release and demand information on the fate of the Sahrawi missing since 1976. In conclusion, I find myself once again reminded of the hopes of ROBERT FRANCIS KENNEDY who believed that the influence enjoyed by the United States in the world should be used in support of peace and justice. He said and I quote: "…The great challenge to all Americans…is to maintain loyalty to truth; …to maintain loyalty to freedom as a basic human value, and … to keep in our hearts and minds the tolerance and mutual trust." Finally, I would like to dedicate this prestigious award to the Sahrawi political prisoners, the victims of the Moroccan repression and to the Sahrawi human rights defenders who are performing a noble task and enduring innumerable sacrifices in defending the rights of others. Long live peace – Long live solidarity – Long live friendship. And thank you. Aminatou Haidar, human rights laureate of the 2008 ROBERT F. KENNEDY Human Rights Award

Adress of Kerry Kennedy

Special: Robert F. Kennedy Human Rights Award Remarks by Kerry Kennedy 25th Annual Robert F. Kennedy Human Rights Award, November 13th, 2008 Russell Senate Office Building, Washington, DC As Prepared for Delivery ----- On the eve of my father, Robert Kennedy’s 83rd birthday it is a fitting tribute to his life and legacy that we honor Aminatou Haidar, the "Sahrawi Gandhi," with the Robert F. Kennedy Human Rights Award. Aminatou is a courageous leader in her peoples’ almost half-century long battle to realize their inalienable right to self-determination. In 1975, the Government of Morocco invaded Western Sahara on the eve of its anticipated referendum on independence from Spain. The invasion was in defiance of a clear ruling by the International Court of Justice holding that the arguments presented by Morocco "do not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco." Indeed, the Court aligned itself with United Nations resolutions regarding decolonization of the Western Sahara, and emphasized in its opinion "the principle of self-determination through the free and genuine expression of the will of the [Sahrawi] people…." In response to the invasion, the Polisario launched an armed struggle against the occupying Moroccan forces. The Polisario established the Sahrawi Arab Democratic Republic in February 1976, which has subsequently been recognized by numerous countries and is a full member state of the African Union. Most of the indigenous Sahrawi people fled the Moroccan troops and went into near permanent displacement, primarily in Polisario-run refugee camps in Algeria. Morocco’s military forces eventually assumed control of most of the territory, including all major towns. Since the first calls for decolonization in the 1960s, widespread international support for the Sahrawi’s right to self-determination has consolidated. As the U.N. Secretary General recently stated, "no member state of the U.N. recognizes Morocco’s sovereignty over Western Sahara." To the contrary, in Resolution 2625 the U.N. General Assembly has stipulated that "no territorial acquisition resulting from the threat or actual use of force shall be recognized as legal," and the United Nations has passed dozens of resolutions affirming and reaffirming the right of the Sahrawi to determine their own future. In 1991, based on Morocco’s promise to hold an internationally supervised referendum on the future of the territory, the Polisario and Morocco agreed to a ceasefire. But the Government of Morocco refused to allow the referendum to move forward. Instead, it engaged in a relentless campaign of violence as a military strategy to maintain territorial control and suppress civil and political rights. Moroccan troops and government authorities have silenced dissent, suspended rights to free expression and assembly, and harassed, threatened, jailed, tortured, and "disappeared" countless Sahrawi. , Mock trials on trumped-up charges are standard fare, followed by unspeakable cruelty. For years, the suffering of the Saharawi was virtually muted by the Moroccan authorities. But that silence has been broken by one woman. One woman on a mission to give voice to a repressed and impoverished people in a remote portion of the Sahara desert. Aminatou Haidar’s unyielding quest to raise the profile of her beloved homeland has brought the plight of the people of Western Sahara to the corridors of power throughout the world. Aminatou was born in 1967, and grew up amidst the human rights atrocities committed by Morocco’s occupying forces. In 1987, at the age of 21, she joined a peaceful demonstration organized during a visit from a U.N. mission. In response, Moroccan police arrested her along with more than 400 peaceful demonstrators, of whom 70 would lengthen the list of the disappeared. Seventeen of the women, including Aminatou were targeted for unimaginable torture. Abducted by Moroccan police in plain clothes, she was gagged, starved, sleep deprived, subjected to electric shock, severely beaten - and worse. Her meager rations were infested with insects, and lice covered her body. Throughout her captivity, Aminatou’s tormenters refused her access to her family, her lawyer, or any contact with the outside world. To this day, her detention haunts her. She regularly passes her torturers on the street. Threats from police and others are a frequent occurrence. But Aminatou will not be stopped. Aminatou began organizing against the occupation and led efforts for the release of prisoners of conscience. She spoke eloquently regarding the rights of women and children, and the importance of non-violent protest. In June 2005, Aminatou was arrested once again, tortured, and incarcerated in the "Black Prison" of El-Aaiun. A kangaroo court sentenced her to 7 months in jail for her outspoken support of human rights in Western Sahara. Despite the torment, Aminatou refused to be cowed. On the very day of her release she defiantly issued this public statement. "The joy is incomplete without the release of all Saharawi political prisoners and without the liberation of all the territories of the homeland still under the occupation of the oppressor." Although human rights organizations cannot legally register in occupied Western Sahara, Aminatou serves as the President of the Sahrawi Collective of Human Rights Defenders (CODESA). CODESA is at the cutting edge of social change, advocating for basic rights and defending the oppressed. Bravery is most commonly associated with a single act of daring at a precise moment in time; often in war. But battlefield bravery pales in comparison with the quality of courage exemplified by Aminatou, who, despite bloodshed, torture, starvation, disease, and the savagery of an occupying army which brought death to many of her people, and the rape of her beloved land, has made it her mission to speak the truth to those in power about the plight of her people. She will not be dismissed, and all of us here today will work to ensure that she will not be silenced. Nobel Prize Laureate and holocaust survivor Elie Weisel says that the opposite of love is not hate; the opposite of love is indifference. For years, indifference has characterized the international community’s posture toward the Western Sahara. But Aminatou’s love for her people is so affecting, and her words of so full of truth and promise, that she may yet turn the tide of history itself and renew our faith that good ultimately triumphs over evil. The cruelties and obstacles of this swiftly changing planet will not yield to obsolete dogmas and outworn slogans. It demands the qualities of youth: not a time of life but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease."It is an honor now to join another woman who, like Aminatou, personifies the predominance of courage over timidity and

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Senator Patrick Leahy address

Special: Robert F. Kennedy Human Rights Award

Senator Patrick Leahy Remarks For Presentation Of The Robert F. Kennedy Human Rights Award To Aminatou Haidar November 13, 2008 Thank you for that kind introduction. I also want to thank Ethel, Kerry and the Robert F. Kennedy Center for Justice and Human Rights for inviting me to speak here today. It is an honor to stand in for my good friend Senator Ted Kennedy, who has been, and continues to be, such an eloquent force for human rights in this country and around the world. Whether he is reminding us of our moral obligation to provide a safe haven for Iraqi refugees, leading the fight in Congress against apartheid in South Africa, or championing the rights of political prisoners in China, Senator Kennedy has led the way on the most important human rights issues of our time. It is a remarkable record that the rest of us in Congress should strive to emulate. This is especially important today, after the scandals of Abu Ghraib and Guantanamo, which have so sullied our international reputation. As the new Obama Administration and the Congress work together to reintroduce America to the world, we must reaffirm our unequivocal denunciation of the use of torture and our commitment to human rights. This is as necessary here at home as it is abroad. The Robert F. Kennedy Center for Justice and Human Rights is a living reminder of a time when Robert Kennedy, at such a young age, showed this country what the role of the Attorney General of the United States could and should be. He was not just the Attorney General for the President or his Administration. Not just the Attorney General for those of privilege and power. No. He was the Attorney General for upholding the law for all Americans. That principle was trampled on shamelessly during the past eight years. It must never happen again. The Robert F. Kennedy Human Rights Award not only informs us of a laureate’s cause and courage, it also provides the recognition and support to enable him or her to continue working, often at great personal risk, for the principles we cherish. This year’s laureate, Ms. Aminatou Haidar, has been called the "Sahrawi Gandhi." She is one of the best-known human rights activists of her homeland, Western Sahara. Aminatou Haidar’s personal story is both tragic and inspirational. Tragic for the suffering she has endured in seeking to promote respect for universal freedoms. Inspirational for her courage, her devotion to her people and to human rights, and for what her life says about the resilience of the human spirit. Her commitment to non-violence began as a young university student, witnessing the abuses of the Moroccan security forces. As Kerry just described, in 1987 Ms. Haidar was imprisoned and tortured because she dared to speak out. For four years she was "disappeared," and during that entire time she was blindfolded, totally cut off from her family and the outside world. Her health was permanently damaged by the abuses she suffered. After her release in 1991, Ms. Haidar described herself as "a ghost, a living dead, a young woman back from a kind of hell that bears no name." As the Sahrawi poet, Mohamed Ebnu wrote, "And we still wait for a new dawn. We still wait to begin again," Ms. Haidar resumed her work to call attention to the denial of human rights in Western Sahara. In June 2005, when Ms. Haidar was again arrested, again beaten and injured, and again arbitrarily detained, she did not give in to anger or despair. Instead, she and a group of 37 other Sahrawi political prisoners held a 51-day hunger strike in an effort to obtain more humane prison conditions, investigations into allegations of torture, and the release of political prisoners. For seven months she was separated from her two children, knowing nothing of their fate. Those of you who are parents and grandparents, as I am, can only imagine how agonizing that would be, and for her children as well. During her detention, Ms. Haidar gained international renown as a dedicated and determined human rights defender. She was adopted by Amnesty International as a prisoner of conscience, and she gained the support of other human rights organizations and the European Parliament. The United Nations High Commissioner for Human Rights conducted an assessment in the Western Sahara, finding serious human rights abuses and concluding that "the right to self-determination for the people of Western Sahara must be ensured and implemented without further delay." Since her release in 2006, Aminatou Haidar has continued her non-violent struggle tirelessly. She is President of the Sahrawi Collective of Human Rights Defenders – CODESA – which Moroccan authorities have denied the right to legally register in Western Sahara. Her courage to speak out has also provided other Sahrawi women the strength to talk publicly about their own suffering, including those who have been victims of the previously unspeakable crime of rape. Her humility, despite her importance in the human rights movement in Western Sahara, may be one reason that she is so revered. Another, undoubtedly, is her unwavering commitment – with grace and honesty, with bravery as her strongest tool – to end the abuse suffered by her people and to demand their legal and inalienable right to self-determination. A colleague of hers perhaps said it best: "She is neither a polemicist nor an ideologue, but simply a woman who has seen and experienced too many abuses to remain quiet anymore." Over the years, following Senator Kennedy’s lead, I and other Members of Congress have called for a referendum on the future of Western Sahara. The right to self-determination is one that the founding fathers of our own country recognized as both just and necessary. The United Nations has adopted numerous resolutions reaffirming the Sahrawi people’s right to self-determination. It is important to recognize and commend the Government of Morocco for its recent efforts to protect human rights. Morocco has become a party to most of the major human rights treaties. It is also a valued friend and ally of the United States. It is now time for Morocco to fulfill its treaty obligations to uphold the civil and political rights of the Sahrawi people. I cannot help wondering where Ms. Haidar finds the strength – despite provocations and abuse, despite the threat of being returned to prison knowing she might not survive. As Robert Kennedy said in Capetown, South Africa, "Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world which yields most painfully to change." Perhaps, when Ms. Haidar speaks today, she will tell us. But I do know that her example inspires each of us, not only to continue to support her and the Sahrawi people, but to defend the rights of so many others who struggle as she does, often in obscurity, against forces far stronger. That is the mission of the Robert F. Kennedy Center for Justice and Human Rights, and we embrace it again here today.

Entrega del Sahara a Marruecos: aniversario de la traición.

El 14 de noviembre de 1975 España entregó a los saharauis a los marroquíes. España faltó a su compromiso de celebrar un referéndum de autodeterminación. Y para el pueblo saharaui comenzó un brutal genocidio. Pero ningún periódico habla ya de ello.

Los mismos que hablan de "memoria histórica" están haciendo todo lo posible para que las jóvenes generaciones desconozcan la mayor traición de la historia de España desde que en el año 711, el conde de Ceuta, Don Julián, facilitara la invasión musulmana que significó la pérdida de España (como la calificó el insigne historiador del Sáhara, José Ramón Diego Aguirre).

España había ganado a Marruecos todas las batallas internacionales sobre el asunto del Sáhara Occidental:
- La Asamblea General de la ONU había reconocido el derecho a la autodeterminación y la independencia del pueblo saharaui;
- el Tribunal Internacional de Justicia (TIJ) confirmó ese derecho el 16 de octubre de 1975;
- el Consejo de Seguridad condenó la invasión marroquí del territorio mediante la siniestra "marcha verde".

España había dado su palabra de celebrar un referéndum de autodeterminación. Se dispuso a organizar el referéndum en 1974, pero la ONU le pidió suspenderlo hasta que el TIJ determinara si el Sáhara Occidental fue alguna vez marroquí. Una vez que dijo que nunca había sido de soberanía marroquí, no quedaba ya ningún obstáculo para proseguir con el referéndum.

Es más, el propio Príncipe de España, Juan Carlos de Borbón, dijo el 2 de noviembre en El Aaiún (que los colaboracionistas con Marruecos llaman "Layún"):
"

"España cumplirá sus compromisos y tratará de mantener la paz, don precioso que tenemos que conservar. No se debe poner en peligro vida humana alguna cuando se ofrecen soluciones justas y desinteresadas y se busca con afán la cooperación y el entendimiento entre los pueblos. Deseamos proteger también los legítimos derechos de la población civil saharaui, ya que nuestra misión en el mundo y nuestra historia nos lo exigen"

Sin embargo, el 14 de noviembre de 1975, en secreto, a espaldas de la opinión pública, el gobierno firmó el "acuerdo de Madrid" que, de hecho, cancelaba la celebración del referéndum y entregaba el territorio a Marruecos y Mauritania.

¿Qué ocurrió?
No hay explicación lógica ni razonable. Sólo la hipótesis de que hubo una traición permite explicar lo ocurrido. Una traición que sigue actualizándose mientras España no denuncie ese acuerdo inmoral, ilegal y políticamente suicida.

"Estatuto avanzado" de Marruecos en la UE: el sarcasmo continúa

Francia quiere hacernos comulgar con ruedas de molino. Es comprensible que favorezcan a su protegida (Marruecos) pero es sarcástico que el ministro de soidaridad y asuntos sociales francés ponga como ejemplo a un país, Marruecos, donde se violan los derechos humanos en general, incluidos los derechos sociales.

El ministro francés de Trabajo, relaciones sociales, familia y solidaridad de Francia, Xavier Bertrand acaba de decir que:

"el estatuto avanzado otorgado a Marruecos es el signo de que apreciamos las reformas que se han emprendido: en materia de modernización de la economía, de derechos humanos y de buen gobierno, de modernización social... la Unión Europea está muy contenta de ver a Marruecos como pionero de la región sur del Mediterráneo".

Unos pocos datos recientes que todo un ministro francés de solidaridad seguro que conoce:

1. Una estudiante torturada en los sótanos de la plaza Jamaa el Fnaa de Marrakech.
Mientras los turistas alegremente dejan sus divisas para financiar a la tiranía alauita en la famosa plaza de Marrakech, debajo de la misma los esbirros del majzén recuerdan a los opositores que "democracia" y "derechos humanos" tienen un significado algo diferente en Marruecos.

2. Explotación laboral en Tánger de mujeres y niñas.

3. Sigue en pleno auge la práctica de autorizar el matrimonio con muchachas menores de edad. Pese a la hipocresía del majzén por las declaraciones del imán integrista Mohamed Al Maghraoui:

"El año pasado, (en Marruecos) los magistrados concedieron 33.560 autorizaciones a chicas menores de 18 años, el 87% de las solicitadas. 159 correspondieron a niñas de 14 años."

Que siga la fiesta.