Until Trump’s tweet neither the United States nor any other country formally recognized Morocco’s alleged sovereignty over the bitterly disputed territory. Algeria on Saturday rejected a decision by outgoing U.S. President Donald Trump to recognise Moroccan sovereignty over Western Sahara, saying the step would undermine efforts to … Still, some analysts fear the deal will lead to more conflict in this volatile part of the world already wracked by a decade of war in Libya, as well as conflict in Mali and the surrounding Sahel region. In April Amnesty International raised concerns over the CNDH’s independence and impartiality since its president and a third of its leadership are appointed by the king of Morocco. On January 15, Moroccan authorities denied entry to Spanish lawyer Louise Magrane upon her arrival to the airport in Laayoune. Participation of Women and Minorities: Moroccan law and practice apply. According to Moroccan law, groups of more than three persons require authorization from the Ministry of Interior to protest publicly. The Royal Gendarmerie, which reports to the Administration of National Defense, is responsible for law enforcement in rural regions and on national highways. According to the April UN secretary-general’s report, the UN High Commissioner on Human Rights (OHCHR) continued to receive communications from lawyers, family members, or both of the Sahrawi individuals arrested during the 2010 dismantling of the Gdeim Izik Camp, alleging that several were subjected to torture, prolonged solitary confinement, and other mistreatment. Magrane intended to observe Dehani’s Court of Appeals hearing initially scheduled for January 16 (see section 1.d.). On May 19, Moroccan authorities denied entry into the territory for five Spanish lawyers and two Norwegian human rights activists attempting to observe the Court of First Instance hearing initially scheduled for May 20. Moroccan law and practice apply. For more information on unresolved disappearances dating from the 1970s, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. "Mr Schenker is the first US official to visit Western Sahara. Human rights and proindependence groups considered a number of imprisoned Sahrawis to be political prisoners. Corruption: Development spending and military officers’ involvement in private businesses created susceptibility to corruption, as well as opportunities for impunity, in Western Sahara. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. In 2016 the UN Committee against Torture declared that Morocco had violated its treaty obligations in Gdeim Izik detainee Naama Asfari’s case, alleging that he was convicted by the military court based on a confession obtained under torture and that no adequate investigation was conducted. Amnesty International stated Sahrawi human rights activists remained subject to intimidation, questioning, arrest, and intense surveillance that occasionally amounted to harassment. Moroccan law and practice apply. Police arrested 23 Sahrawi individuals during the 2010 dismantling of the Gdeim Izik Camp and subsequent violence in Laayoune that resulted in the death of 11 members of the security forces; the individuals were subsequently tried and sentenced. Rabat – The US Secretary of State Anthony Blinken has urged the UN to speed up the process of appointing a new envoy for Western Sahara. The CNDH made recommendations to the government that some prisoners be transferred to regions close to their families. Analysts say by recognising Morocco’s claims over Western Sahara, Washington is effectively undermining international law and the mechanisms by which conflicts are resolved. Western Sahara's much-touted phosphate reserves are relatively unimportant, representing less than two percent of proven phosphate reserves in Morocco. If the Biden administration continues recognition of Western Sahara, Blinken would most likely work through an international framework at the United Nations to achieve increased support for Washington’s unilateral decision, as the US is the only state to recognize full Moroccan sovereignty over Western Sahara. AdalaUK NGO reported the public prosecutor did not present evidence to substantiate the charges. In 2018 the Supreme Judicial Council established its internal mechanisms and began the process of taking over day-to-day management and oversight from the Ministry of Justice, although the activities of the Supreme Judicial Council experienced delays due to administrative and legal impediments. In November 2018 the UN Working Group on Arbitrary Detention released an opinion in favor of Sahrawi human rights defender Mbarek Daoudi and subsequently referred the case to the special rapporteur on torture for allegations of torture when Daoudi was held for questioning in 2013. The CNDH’s Laayoune and Dakhla regional commissions monitored 40 demonstrations from January to July. This is a pretty outrageous move for many of the indigenous people who live there, the Saharawi, who have been fighting for independence for 47 years. Morocco supported the U.S.–led first Gulf War and offered to mediate the Arab–Israeli conflict in an attempt to persuade the United States—which maintains a long-held neutral position on control of the Western Sahara—to endorse Morocco’s claim to the area. “The African Union, the United Nations, the International Court of Justice, and the European Union have all agreed – the Sahrawi people have the right to decide their own future,” Ihofe said. Outgoing President Donald Trump’s Dec. 11 proclamation that the United States would recognize Moroccan sovereignty over Western Sahara marked yet … The Kingdom of Morocco claims the territory of Western Sahara and administers the territory that it controls. The consulate will be located in Dakhla, a fishing port located in southern Western Sahara, intended to become a “regional maritime hub” serving Africa and the Canary Islands through a large development project launched by Rabat. Moroccan law and practice apply. It also maintained contact with unrecognized NGOs. In 2018 police arrested Brahim Dehani, member of the Sahrawi Association of Victims of Grave Human Rights Violations Committed by the Moroccan State, while he was recording a demonstration in the region of Laayoune. Several proindependence organizations and some human rights NGOs stated that in recent years the submission of applications for permits to hold demonstrations declined because police rarely granted them. Instead, the United States and France have endorsed a Moroccan “autonomy” plan for Western Sahara that is quite limited in scope and would fail … Moroccan law applies. The Biden administration would incur a cost for a reversal, according to Huddleston, but it pales in comparison to the consequences for other countries seeking unilateral territorial expansion. The largest trade union confederations maintained a nominal presence in Laayoune and Dakhla, and most union members were employees of the Moroccan government or state-owned organizations. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. That episode highlighted just how susceptible the region was to armed confrontation between the two sides. According to a June RSF report, Sahrawi citizen journalists’ and bloggers’ social media accounts were frequently hacked. Authorities argued that such temporary detentions without charges were not arbitrary but legal under Moroccan law, which allows detention of suspects without charge for preliminary investigations for up to six days for non-terrorism-related crimes and 12 days for terrorism-related crimes. After Spanish withdrawal, both … DAKHLA, Western Sahara - The United States on Sunday started the “process of establishing” a consulate in the Western Sahara, after Washington recognised Morocco’s sovereignty over the disputed territory. In the same report, Equipe Media cited constant cyber-attacks against its Facebook page. The African Union has maintained that the fate of Western Sahara must be decided by a referendum, even after the US endorsed Morocco's control over the breakaway region. As in internationally recognized Morocco, the Moroccan government limited freedoms of peaceful assembly and association. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. The October UN secretary-general’s report on Western Sahara noted the OHCHR received reports of human rights violations perpetrated against Sahrawis, including arbitrary detention. The highly anticipated trip came a month after Trump announced in a tweet that the United States had recognised Morocco’s claim over Western Sahara in exchange for the kingdom normalising ties with Israel. The United States has adopted a "new official" map of Morocco that includes the disputed territory of Western Sahara, the ambassador to Rabat said. Indeed, within a day of the agreement’s signing, the US government announced it was moving ahead with $1bn in sales of drone and other precision-guided weapons to Morocco. Human rights organizations continued to track alleged abusers who remained in leadership positions or who had been transferred to other positions. On June 13, the Laayoune Court of Appeals reduced the prison sentence to five months. Respect for the Integrity of the Person, Including Freedom from: a. Moroccan law and practice apply. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. A 2015 revision of the Code on Military Justice eliminated military trials for civilians, and in 2016 the Court of Cassation ruled on appeal that the group should receive a new civilian trial. Conditions improved during the year, but in some cases they did not meet international standards. As an inducement to relocate to the territory, workers in the formal sector earned up to 85 percent more than their counterparts in internationally recognized Morocco. Recent Elections: In 2016 Morocco held direct elections for the Chamber of Representatives (the lower house of parliament). In the event of an accusation of torture, Moroccan law requires judges to refer a detainee to a forensic medical expert when the detainee or lawyer requests it or if judges notice suspicious physical marks on a detainee. The CNDH also occasionally investigated cases raised by unrecognized NGOs, especially those that drew internet or international media attention. The United States (US) adopted Saturday a “new official” map of Morocco that includes the disputed territory of Western Sahara, the ambassador to Rabat said. Prohibition of Forced or Compulsory Labor, c. Prohibition of Child Labor and Minimum Age for Employment, d. Discrimination with Respect to Employment and Occupation, https://www.state.gov/religiousfreedomreport/. Government Human Rights Bodies: The same government human rights bodies operated in the territory as in internationally recognized Morocco. Rabat had long laid claim to the territory, a Spanish colony up until 1975. Censorship or Content Restrictions: Moroccan law and practice apply. The Moroccan Prison Administration (DGAPR) contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in internationally recognized Morocco received the same treatment as all other prisoners under its authority. For more information on these subheadings, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. As of October the Court of Cassation was reviewing the appeals to the verdicts the Court of Appeals in Rabat issued in 2017. Significant human rights issues, predominantly the same as those in internationally recognized Morocco, included: allegations of torture by some members of the security forces, although the government condemned the practice and made efforts to investigate and address any reports; allegations of political prisoners; undue limits on freedom of expression, including criminalization of libel and certain content that criticized the monarchy and the government’s position regarding territorial integrity; limits on freedom of assembly and association; and corruption. Each of the 11 individuals was also fined 30,000 MAD ($3,000) in damages. But the recognition raised eyebrows in Washington and elsewhere with many observers saying the move was not only in contravention of international law, but also likely to lead to a flare-up in tensions between the kingdom and the Algeria-backed Polisario Front, a movement seeking independence for the territory. The Moroccan government continued to invest in education in the territory through the Tayssir cash assistance program and continued to provide child protection services through the second phase of the National Initiative for Human Development Support Project. Amnesty International published video footage and witness testimonies indicating that, on July 19, security forces used excessive force to disperse demonstrators after some participants at a street gathering in Laayoune–celebrating an Algerian soccer victory–began waving the Saharan flag. Such criticism may result in prosecution under the law, with punishments ranging from fines to jail time, despite the freedom of expression the law stipulates. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. On February 16, Ana Cortes, a journalist working for a Spanish news outlet, was expelled from Western Sahara to Agadir after police interrupted her meeting with members of the al-Kassam Association of Laayoune, according to Reporters without Borders (RSF). Local and international media, including satellite television and POLISARIO-controlled television and radio from the Sahrawi refugee camps in Algeria, were available in the territory. Section 2. In 2018 Asfari was placed in solitary confinement. The individuals had been previously convicted in a military trial in 2013. This is a very important event. In April Amnesty International reported the government expelled or denied access to Western Sahara to several international observers and lawyers. The government of Morocco encouraged the return of Sahrawi refugees from abroad if they acknowledged the government’s authority over Western Sahara. Freedom of Expression: Moroccan law criminalizes criticism of Islam, of the legitimacy of the monarchy, of state institutions, of officials such as those in the military, and of the Moroccan government’s position regarding territorial integrity and Western Sahara. Detentions noted by local NGOs were generally less than six days. Similarly, while welcoming Morocco’s normalisation of ties with Israel, Republican Senator James Inhofe lamented Trump’s abandoning of Sahrawi people’s right to self-determination, saying it was a universal principle that remained consistent across US administrations. Moroccan law provides for the right of peaceful assembly. 2019 Country Reports on Human Rights Practices: Western Sahara, An official website of the United States government, https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/. Police confiscated the cellphone Khalidi used to record the footage. Foreign journalists needed, but did not always receive, approval from the Ministry of Communication before meeting with political activists. Several African countries have also acted against the official position of the African Union, of which SADR is a founding member, to open consulates in Western Sahara. The Supreme Judicial Council, mandated by the 2011 constitution, manages the courts and day-to-day judicial affairs in place of the Ministry of Justice. The Moroccan constitution and Moroccan law prohibit such practices, and the government of Morocco denies it authorizes the use of torture. Reports on the 15 detainees who willingly participated in the exams were admitted as evidence at the trial, and no link was found between the detainees’ complaints and the alleged torture. Global AIDS Coordinator and Global Health Diplomacy, Special Presidential Envoy for Hostage Affairs, Special Representative for Afghanistan Reconciliation, Special Representative for Syria Engagement, U.S. Security Coordinator for Israel and the Palestinian Authority, Office of the U.S. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings, c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Arrest Procedures and Treatment of Detainees, f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence. Proponents of Trump’s recognition of Morocco’s sovereignty over the territory maintain it will lead to greater stability, with the kingdom better able and equipped to tackle transnational threats harming the North Africa region and Europe. According to the US Embassy, the role and exact status of this office were clarified on Sunday. On February 6, the Laayoune Court of Appeals acquitted Dehani of all charges. During the year the Laayoune branch of the National Council on Human Rights (CNDH), a publicly funded Moroccan national human rights institution, continued to investigate individual claims of disappearances dating from the 1970s through the 1980s. See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/. Security force practices were similar to those in internationally recognized Morocco; however, in Western Sahara there was often a higher ratio of members of security forces to protesters. Respect for Civil Liberties, Including: a. Two other individuals also received reduced sentences (from 30 years to 25 years and from 25 years to 20 years). The Western Sahara (CIA World Factbook) Historically, the Algerian government supported the Polisario and hosts Sahrawi refugees from the fighting in the Western Sahara —nearly 174,000 as counted by the U.N. refugee agency—around its city of Tindouf, near the Western Sahara border. Moroccan law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The U.N. has supervised talks aimed at organizing a referendum on self-determination in Western Sahara since a 1991 ceasefire agreement, which recently broke down amid border tensions. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. Moroccan law and practice apply. The CNDH and DGAPR provided human rights training for prison officials and members of the security forces in Western Sahara. The government also provided fuel subsidies and exempted workers from income and value-added taxes. On April 26, Amnesty International reported continued arbitrary restrictions on the rights to freedom of peaceful assembly and association, particularly of individuals supporting self-determination for Western Sahara. The Auxiliary Forces also report to the Ministry of Interior and support gendarmes and police. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. Reports of mistreatment occurred most frequently in pretrial detention. Corruption and Lack of Transparency in Government, Section 5. The government of Morocco claimed it only restricted access when such visits challenged Morocco’s territorial integrity or were perceived to be a threat to internal security and stability. As of August the Court of Cassation had not concluded its review of the appeals to the 2017 verdicts that the Court of Appeals in Rabat issued against 23 Sahrawi individuals arrested during the 2010 dismantling of the Gdeim Izik Camp (see section 1.c.). On June 10, Minister of State for Human Rights and Relations with Parliament Mustafa Ramid said that systematic torture no longer exists in Morocco and that reported cases of torture were isolated. The government generally tolerated but did not recognize local NGOs that exhibited proindependence or pro-POLISARIO views. Reports of torture have declined over the last several years, although Moroccan government institutions and NGOs continued to receive reports about the mistreatment of individuals in official custody. Government officials generally did not provide information on the outcome of complaints. After all, the US supported the reappointment of the United Nations Mission for the Referendum in Western Sahara (Minurso) in October. The territory remained disputed between Morocco and local forces well into the … In November, the Polisario, the movement seeking independence for Western Sahara, abandoned a 29-year-old ceasefire agreement after Morocco intervened in the border town of Guerguerat near Mauritania to end a sit-in by Sahrawi activists and restore the “free circulation of civilian and commercial traffic”. According to the April UN secretary-general’s report on Western Sahara, the OHCHR continued to be concerned by reports alleging excessive surveillance of human rights defenders and journalists in Western Sahara. The DGAPR assigned each prisoner to a risk classification level, which determined visiting privileges. Two were given reduced sentences (from 25 years to 4.5 years and 6.5 years) and were released, joining two others whose 2013 sentences of time served were confirmed by the civilian court. US President Donald Trump agreed last month to extend US recognition of Morocco’s soverignty over the Western Sahara in a deal which included Moroccan King Mohammed VI … The government acknowledged Daoudi’s arrest and detention and stated he had been scheduled to have a hearing in 2014, but it was then postponed indefinitely.
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