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ESCR Committee called to hold Morocco to account for violating Saharawis’ rights (RFK)

Submitted on

Washington, Jan 27, 2015 (SPS) - Robert F. Kennedy Center for Justice and Human Rights has called upon the Committee on Economic, Social and Cultural Rights (CESCR), which prepares to, to hold Morocco to account for violating the rights the people of the non-self-governing territory of Western Sahara.


In observations submitted to the Committee ahead of the review of state party compliance with the International Covenant on Economic, Social and Cultural Rights, RFK Center stated that Morocco has no legitimate sovereignty over Western Sahara under international law, urging it to respect and implement the rights protected by the International Covenant on Economic, Social and Cultural Rights (ICESCR) in Western Sahara.


The document went on saying that from a legal perspective, the Sahrawi people “are clearly entitled to determine their political future through a referendum on self-determination,” a referendum promised 1991 but yet to take place.


With regard to the natural resources of Western Sahara, RFK Center underlined that the exploitation of natural resources in a non-self-governing territory “must satisfy two conditions to conform to international law. First, the resources must be exploited for the benefit of the peoples in the territory. Second, the resources must be exploited in the name of the peoples or in consultation with their representatives.”


The document also pointed out that the “right of everyone to education” enshrined in the Covenant is not fully respected in Western Sahara, adding that Morocco prevents Sahrawi students from receiving an adequate education.


It, in this respect, highlighted that there is not a single university in the territory of Western Sahara and very few professional training programs are available.


When comes to culture, Moroccan authorities sometimes prevent Saharawi parents from registering the Hassaniya names they choose for their children, especially if they are hyphenated names common to Sahrawi culture, or names the authorities believe have sovereignist connotations.


RFK indicated that Morocco puts obstacles to the effective implementation of the rights guaranteed by the ICESCR, of which it systematically represses Sahrawi associations that defend the Saharawi people’s economic, social and cultural rights, particularly the right to self-determination.


Moroccan authorities, in the same regard, refuse applications from any Sahrawi association whose object is to defend the right to self-determination, thereby denying them legal status. Recalling that Morocco does not tolerate demonstrations supporting self-determination, the Foundation highlighted that Moroccan authorities violently dismantled the Gdeim Izik resistance camp in November 2010, and sentenced 25 protesters, including human rights defenders, to lengthy prison terms.


Pointed out that the United Nations Mission for the Referendum in Western Sahara (MINURSO) was created to monitor the ceasefire between the parties and allow for a referendum on self-determination, RFK Center stated that broadening MINURSO’s mandate “would enable impartial monitoring of the human rights situation in Western Sahara.”


It added that it is essential for independent observers to observe and denounce rights violations suffered by the Sahrawi people and their human rights defenders.


These observations were submitted in partnership with several other non-governmental organizations and the Université de Caen Basse-Normandie, France. (SPS)


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