Continuity Agreement: Kingdom of Morocco — House of Lords, 2020-03-09
Topic: International Affairs
John Warren Shipley (Liberal Democrats, Centre to centre-left): My Lords, I am grateful to the noble Lord, Lord Stevenson of Balmacara, for tabling this regret Motion. He has raised some very important issues about the process for considering trade agreements with which we would concur I say at the outset that I have huge respect for the people of Morocco. Theirs is a wonderful country to visit and it feels very much a part of Europe. But with that international standing comes a responsibility to respect international legal judgments and to respect and promote democracy This year marks the 45th anniversary of the occupation of the Western Sahara by Morocco. I want to pay tribute to the work of the Earl of Winchilsea and Nottingham, who was a Back-Bench Liberal, and then Liberal Democrat, Peer for over 20 years until 1997, and who campaigned strongly to promote the interests of the Sahrawi people of the Western Sahara, many of whom became refugees As the noble Lord, Lord Stevenson, said, in 1975 an International Court of Justice ruling recognised Western Sahara’s right to self-determination. In 1991, the United Nations promised a referendum for the people in Western Sahara to decide whether they wished to be an independent country or whether they preferred to become part of Morocco. That referendum—as the noble Lord, Lord Stevenson, pointed out—has never taken place Further, in its World Report 2020, Human Rights Watch stated: "Moroccan authorities systematically prevent gatherings in the Western Sahara supporting Sahrawi self-determination, obstruct the work of some local human rights nongovernmental organizations (NGOs), including by blocking their legal registration" Could the Minister tell the House what discussions Her Majesty’s Government have had with Morocco regarding safeguarding the capacity of NGOs to work effectively in the Western Sahara The Court of Justice of the EU has ruled that Moroccan territorial jurisdiction does not extend to the territory of Western Sahara or to the territorial sea adjacent to Western Sahara. The consequence of that ruling seems to be that Defra could not lawfully grant fishing quotas to British fishing vessels in waters off Western Sahara. What consideration have Her Majesty’s Government given to this ruling? Will there be robust guarantees that all trade to and from Western Sahara is taking place only with the full consent of the people of the Western Sahara? The Minister will understand that the natural resources of Western Sahara are important in this respect. He will be aware that some 15% to 20% of Moroccan exports can be traced back to Western Sahara In the current EU-Morocco fisheries agreement, registered vessels, including some from the UK, are allowed to fish extensively off the coast of Western Sahara. For these access rights, I understand that the Moroccan Government receive a €30 million contribution over a four-year period. This is in clear violation of a 2002 UN opinion on the matter, which stated that any such activities must benefit the people of Western Sahara. Could the Minister tell the House what benefit the people of Western Sahara receive from these access rights The European Court of Justice, in a judgment of 21 December 2016, determined that the 2012 agreement between the EU and Morocco concerning reciprocal liberalisation measures on agricultural products and fishery products provided no legal basis for including Western Sahara within its territorial scope. This decision was confirmed by the UK High Court in April 2019, yet the UK Government are now seeking to roll over the EU-Morocco association agreement into UK legislation I hope the Minister will agree that the UK Government should now enforce the judgment of the High Court so that no goods should be imported into the UK from the Western Sahara under the presumption that they are from Morocco. Only once the people of Western Sahara have expressed their right to self-determination will the UK be able to trade legally in goods produced in the Western Sahara. The UK Government should now use that High Court judgment as a basis to support the UN supervised process of self-determination. I hope the Minister will agree.