EU-Marokko aftale udfordres ved EU-Domstolen

Befrielsesbevægelsen Polisario håber med ny sag ved EU domstolen på en annullering af aftalen mellem EU og Marokko
30. april 2019

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Polisario skriver i en pressemeddelelse den 30. april 2019 at de har indgivet en søgsmål til EU-Domstolen mod Det Europæiske Råds afgørelse den 28. januar 2019; hvor EU indgik en aftale med Marokko, som også omfatter territoriet Vestsahara.
Domstolen fastslog i sin dom af 21. december 2016, at Marokko og Vestsahara var to særskilte og adskilte områder, og at der kunne være økonomisk aktivitet i territoriet uden samtykke fra det saharawiske folk. Disse principper blev bekræftet af to successive domme i 2018; Den ene vedrørende fiskeri og  den anden og luftfart.
The Frente POLISARIO has demonstrated its willingness to negotiate agreements necessary for the development of the territory in compliance with the decisions of the ECJ. However European leaders have opted for a different approach. Since the Court established that under such agreements there can be no “de facto application” to Western Sahara, the EU has acted to circumvent the Court’s ruling and re-enforce its illegal actions by inventing an official process of extending the EU agreement with Morocco to explicitly include the territory of Western Sahara. This is a serious violation of the principle of sovereignty.
The ECJ has ruled that the only legal route is obtaining the consent of the people. We are deeply concerned that European leaders have instead taken up their old colonialist stance; believing that their actions “brings benefits to the population”, without ever seeking the Saharawi people’s consent.
Throughout the two years between the ECJ ruling of 21 December 2016 and the agreement of 28 January 2019, the Frente POLISARIO has continually stated that this process was unacceptable because it violated its sovereign rights. To support its position the European Parliament mandated a Commission, led by MEP Patricia LaLonde, who was forced to resign when it was discovered she was working with an organisation lobbying on behalf of the Moroccan Government.
The Frente POLISARIO has always acted strictly in accordance with international law, based on the principle of self-determination. Since 1990, it has respected the cease-fire negotiated under the UN and has been present in all the negotiations to allow a democratic solution of the conflict through the holding of a referendum of self-determination. It is of serious concern that the EU’s policies threaten to undermine the ongoing UN Peace Process by prejudicing its final outcomes, and strengthening Morocco’s illegal occupation of the territory through trade agreements which include Western Sahara without the consent of the Saharawi people.
M'Hamed KHADAD, member of the National Secretariat of the Frente POLISARIO, insists on the importance of this legal recourse: "The Frente POLISARIO condemns the attitude of the European leaders who have made every effort to circumvent the decisions of justice, by abusing their political and financial power.”
The Frente POLISARIO will in the coming days commence another legal action for annulment against the EU-Morocco Fisheries agreement; concluded under the same illegal conditions.

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