Addis Ababa, 3 Sep. 2015 (SPS) - The African Union (AU) has issued a legal opinion agreeing that any exploration and exploitation of natural resources in Western Sahara by Morocco is illegal as it violates international law and resolutions of the United Nations and the African Union relating to the right to self-determination and permanent sovereignty of the people of Western Sahara over their natural resources.
CONCLUSIONS AND RECOMMENDATIONS OF LEGAL OPINION ON THE ILLEGALITY OF THE EXPLOITATION OR EXPLORATION OF THE NATURAL RESOURCES OF WESTERN SAHARA BY MOROCCO AS OOCUPYING FORCE AND ANY OTHER ENTITY, COMPANY OR GROUP:
"CONCLUSIONS AND RECOMMENDATIONS
66. From the analysis above, it is evident that both the UN and AU must exercise their responsibilities and put pressure on Morocco to comply with principles of the UN and relevant international law on the right to self-determination and exploitation of natural resources. The uncertainty that has marked the issue of Western Sahara for over four decades cannot be allowed to continue.
67. Morocco is not an Administering power over Western Sahara’s territory under Article 73 of the UN Charter. Morocco also does not have sovereignty over Western Sahara; therefore Western Sahara situation question remains a pending issue of decolonization and should therefore be resolved in accordance with UN General Assembly Resolution 1514 (XV) of 14 December 1960 on the Granting of Independence to Colonial Countries and Peoples.
68. Morocco has no right to explore and exploit any natural resources, renewable or non-renewable located in the occupied territories of Western Sahara or to enter into agreements /contracts with third parties concerning these resources.
69. Thus, the AU through the African Union Commission and other relevant organs must appeal to the UN Security Council to ensure that exploration and exploitation of natural resources in Western Sahara is undertaken under the following framework:
a) Morocco should not enter into any agreements with any other States, group of States or foreign companies for exploration or exploitation of renewable or non-renewable natural resources over the territory of Western Sahara. In this regard, Agreements entered into by Morocco should be limited exclusively to its territory internationally recognized under its sovereignty (which does not include Western Sahara);
b) Any exploration or exploitation of natural resources in Western Sahara must be for the benefit of the people of Western Sahara and in accordance with their wishes;
c) Accordingly, the people of Western Sahara and their legitimate representatives must not only be consulted but they must consent and effectively participate in reaching any agreement that involves the exploitation of natural resources in the territory of Western Sahara.
d) Morocco and any other entity should be held accountable for agreements/contracts entered into for exploration and/or exploitation of renewable or non-renewable natural resources in the territory of Western Sahara and ensure that all benefits accrue to the people of Western Sahara in accordance with international law. In this regard, the UN and AU should consider appointing a joint independent panel to verify Morocco’s account.
70. The UN Security Council and AU Peace and Security Council must also inform all Member States of the UN and AU accordingly that any agreements/contracts for the exploration and/or exploitation of renewable or non-renewable natural resources over Western Sahara in disregard of the interests and wishes of the people of Western Sahara and without consultations with their legitimate representatives violates principles of international law on self-determination and exploitation of natural resources in Non-Self-Governing Territories, such agreements/contracts is are null and therefore is illegal.
71. Since Saharawi republic (SADR) is a Member State of the African Union, all Member States of the African Union must bear in mind the principles and objectives of the African Union particularly on the need to defend the sovereignty and territorial independence of SADR. The African Union concerns on the illegal exploration and exploitation of natural resources in Western Sahara must be transmitted by the African Union Commission and other relevant AU organs and offices to other international, regional organizations and partners. Therefore, the issue should be included in the agenda for discussion with the partners involved in the illegal exploration and/or exploitation of renewable or non-renewable natural resources in Western Sahara.
72. Members States of the UN and their companies are under an obligation from the International Law according to international law, UN Charter and other UN Resolutions to refrain from helping in the perpetuation or legitimization of the colonial situation in Western Sahara by means of investments or exploration and/or exploitation of renewable or non-renewable natural resources and other economic activities in the Non-Self-Governing Territory, and should therefore refrain from entering into agreements/contracts with Morocco as the occupying power in accordance to the UNGA Resolution UNGAR 2711 of 1970.
73. The UN, the AU and the ICJ have recognized the unalienable right of the Saharawi people to self-determination and their permanent sovereignty over their natural resources. The latter are owned by the people of Western Sahara and form part of their heritage of the people of Western Sahara. The UN Member States should make the necessary political and legal arrangements and inform their companies about the legal status of Western Sahara and the illegality of exploration and/or exploitation of renewable or non-renewable natural resources and other economic activities in this territory.
74. Any exploration and exploitation of renewable or non-renewable natural resources by Morocco, any other states, group of states or foreign companies in Western Sahara are is contrary to the UN Charter, customary international law and are therefore illegal as they it violates international law.
75. The exploitation and exploration of renewable or non-renewable natural resources in the current situation (occupation) is also a threat to the integrity and prosperity of the people of Western Sahara and to the peace and stability in the Northern Region of Africa. This is in accordance to the UNGAR UNGA Resolution 2983(XXVII) of 1972.
76. The UN should assume its political and legal responsibilities and protect the Sahrawi’s renewable or non-renewable natural resources as it did in East Timor and Namibia. till the people of the territory express their will and chose their destiny through a free and fair referendum.
77. All States or foreign companies shall refrain from importing Saharawi’s products or investing in the occupied part areas of Western Sahara as these activities are in violation of international law.
78. Any exploration and exploitation of natural resources by Morocco is illegal as it violates international law and resolutions of the UN and the AU relating to the right to self-determination and permanent sovereignty of the people of Western Sahara over their natural resources. In addition, the exploration and exploitation seriously undermines the efforts and negotiations for a just and peaceful settlement over Western Sahara.
79. The African Union Commission should elaborate a comprehensive boycott strategy against that targets Morocco, any other State all States, group of states or foreign Companies involved in the illegal exploration or exploitation of Western Sahara renewable or non-renewable natural resources in compliance with the AUPSC communiqué 496 adopted in 27 March 2015.” (SPS)
062/090