WSRW demands the EP’s legal opinion to be made public
In a letter sent to Ms. Carmen Fraga Estévez, Chairwoman of the Fisheries Committee of the European Parliament, Western Sahara Resource Watch demands the legal opinion, issued by the EP’s legal services and supporting Corell’s Legal Opinion, to be made public. WSRW demands also to immediately call for a suspension of all EU fisheries in the waters of Western Sahara.
After knowing that the debate of the legal opinion, to be held last 28 January, was postponed by the Chairwoman of the European Parliament’s Fisheries Committee, WSRW sent the letter to Ms. Fraga, asking her that the opinion be made public.
English translation of the letter below:
To the attention of Ms Carmen Fraga Estévez, President of the European Parliament's Fisheries Committee.
Dear Ms. Fraga:
My name is Javier García Lachica, a member of Western Sahara Resource Watch (WSRW). I hope you remember me, we met in Brussels last November to discuss about the fishing agreement between the EU and Morocco. I have not had occasion until now to thank you for having given us the opportunity to discuss the different aspects of the fisheries agreement. Thank you for your hospitality and your time.
At the November meeting, you talked about the existence of a confidential legal opinion issued by the European Parliament's legal services, which, as you told us, was defending the legality of the activities of EU fisheries in Western Sahara.
However, according to recent reports in some media, we find this interpretation of the legal report is not correct.
The Legal Opinion is said to conclude with the opposite, namely completely supporting the opinions of WSRW on this matter, as well as the opinions of the Government of Sweden, and the former UN Undersecretary General for legal affairs and Legal Counsel who wrote a UN Legal Opinion on a parallel matter in 2002.
All evidence points to the fact that the EU fisheries in Western Sahara is taking place in violation of international law, and the Parliament’s Legal Opinion is said to defend this position.
We were also told that the Legal Opinion urges the Commission to take the opportunity of the next EU-Moroccan Joint Committee meeting to discuss the wishes and benefits of the Sahrawi people, and how the agreement is respecting these wishes and benefits. On that regard, we find it deeply regrettable that the debate on the fisheries in occupied Western Sahara was removed from the agenda of the Fisheries Committee on 28 January 2010.
As you surely know, the Joint Fisheries Committee is taking place this week. We now have to wait one more year for the next possibility of discussions on this matter between the EU and Morocco.
At the same time, while the Legal Opinion is being kept confidential, the Commission continues to falsely reproduce and quote from a Legal Opinion from the UN Legal Council in 2002 on the matter. Severely erroneous statements from Joe Borg, mentioned 9 October 2009 were repeated in letter to one of our members as late as in January 2010. The 2002 statement from the UN is found at ww.arso.org/Olaeng.pdf.
According to a news report from Efe yesterday, the Joint Fisheries Committee between EU and Morocco this week is not planning to follow up the recommendations from the Legal Opinion of the European Parliament as drawn up in the confidential opinion.
On that basis, we strongly urge you to make sure that the European Parliament’s Legal Opinion be made public.
Furthermore, since the Commission is now not taking advantage of the window of opportunity by discussing the conclusions of the Parliament’s Legal Service at the Joint-Committee meeting, we also urge you to immediately call for a suspension of all EU fisheries in Western Sahara.
Best regards.
Javier García Lachica Western Sahara Resource Watch www.wsrw.org
The EU considers to pay Morocco to fish in occupied Western Sahara. An EU-Morocco Fisheries Agreement from 2013 would be both politically controversial and in violation of international law.
The international Fish Elsewhere! campaign demands the EU to avoid such unethical operations, and go fishing somewhere else. No fishing in Western Sahara should take place until the conflict is solved.
