Public Letter of APPA (Association for the Progress of Africa Peoples), addressed to European parliamentarians who voted against the European Court could review the Treaty on Fisheries between the EU and Morocco

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Dear Sir/Madam:

We are writing to you about the recent vote of the European Parliament concerning the 2007 EU-Morocco Fisheries Partnership Agreement (the “FPA”). We regret that you voted against referring the FPA to the European Court of Justice for consideration of its legality.

We are concerned that your vote means that you are reluctant to consider the merits of the matter or even worse: that you have the suspicion, or even certainty, that the FPA is illegal and so do not want an opinion of the Court, that the European Commission can continue to act without moral obligations.

The FPA contributes to Morocco’s illegal occupation of the Saharawi territory. It is also an endorsement by the EU of the occupation and an obstacle to the self determination right of the Saharawi people, something well established in international law (as affirmed by the International Court of Justice in its 2010 Kosovo advisory opinion).

We acknowledge that MEPs routinely defend interests of their countries, but in this case, it isn’t just a matter of interest, but of rights: the rights of the Saharawi people. It is true that they are a small and defenceless people with which, although we are not always ready to face the fact, we have historic obligations and bonds. The result is that it still falls to Spain to protect the rights and interests of the people that we once colonized.

No nation recognizes the sovereignty of Morocco over Western Sahara. Nevertheless, the United Nations, the African Union, many international NGOs (Amnesty International, Humans Rights Watch) and many states condemn the occupation. The state of affairs persists because of the support of countries like France and the USA , but also because of EU policy, including in respect of the FPA.

Humanity has worked hard to move forward the principle of respect for the rule of law. It would be very dangerous to allow a reversal. And, yet, the FPA’s continuing operation directly contributes to undermining the rule of law when it comes to the occupation of Western Sahara.

It is useful to consider the broad popular call for social changes in many countries and especially in Arab states as part of the aspiration to justice. We will yet in the weeks ahead see the call to fairness for all peoples. That must be so for a people displaced from and who have seen their territory occupied for more than 35 years.

We urge upon you a careful appraisal of the FPA. The time to act justly, outside of national and party strictures, in a clear case of illegality (that is, both the FPA and the occupation of Western Sahara) is still with us.

We hope to hear from you in reply to this letter, and are grateful you have considered the matter.
 
Espacios Europeos, 18 oct 2011

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