Dáil Éireann Debate, Tuesday - 17 January 2012
48 Deputy Martin Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade his views on whether Morocco has no right, under international law, to sell the resources of Western Sahara and therefore, that the EU should not be paying Morocco for fishing rights in the waters of Western Sahara; and the steps he is taking to address this ongoing contentious EU foreign policy. [2348/12]
Amharc ar fhreagraThe wording of successive EU-Morocco Fisheries Partnership Agreements has stated that the Agreements apply to "the waters falling within the sovereignty or jurisdiction of the Kingdom of Morocco". Morocco regards the Western Sahara and its waters as a part of its territory. However, Ireland and our EU partners do not recognise Moroccan sovereignty over the Western Sahara. Western Sahara is a non-Self Governing Territory. The UN General Assembly has consistently condemned the exploitation and plundering of natural resources and any economic activities which are detrimental to the interests of the peoples of these territories, and deprive them of their legitimate rights over their natural resources. It is, however, permissible for an occupying power to take measures to provide for the normal economic development of an occupied territory, so long as this is done to the benefit of the people of the territory, and where possible with their consent. If this were not so, the economic development of the people of the territory would be frozen.
In accordance with these principles, the EU included provision in the 2006 Agreement for a proportion of the EU payments under the Agreement to be applied to the benefit of the people of Western Sahara.
My colleague the Minister for Agriculture and Fisheries has reported to the House on the contacts between the European Commission and the Moroccan authorities in relation to the operation of this provision, which has been a key issue in the prospects for a further Fisheries Agreement with Morocco, and a proposed interim extension of the now expired 2006 Agreement. As the Deputy will be aware, the proposed interim extension was not agreed to by the European Parliament, in part because of this issue, which will clearly thus remain central to any consideration by the Commission and by the Fisheries Council of any proposed further Agreement.
