On Tuesday 24 October, the European Parliament will vote on the EU-Morocco Euro-Mediterranean Aviation Agreement.
Once again, it seems that the territorial scope of the deal will include the Occupied Territories of Western Sahara. The Agreement defines the territory of the Kingdom of Morocco as “the land areas (mainland and islands), internal waters and territorial sea under its sovereignty or jurisdiction” (art.1.14). But according to Moroccan domestic legislation, that would include Western Sahara. The airports of Dakhla and El Aaiun (often spelled as Laayoune in Morocco), two of Western Sahara’s main cities, are integrated within the Moroccan national aviation space and are enlisted as Moroccan airports.
Western Sahara is regarded by the UN as a non-self-governing territory still to finalize the process of decolonisation. Morocco invaded Western Sahara in 1975, and to date continues to maintain an illegal military presence in three-quarters of the territory.
The EU’s aviation agreements aim to develop a wider European Common Aviation Area, to facilitate the opening of markets and the alignment of aviation legislation, with particular attention to EU's neighbourhood countries.
Last week, the Parliament’s Transport and Tourism Committee thumbed up the EU-Morocco Aviation Agreement, thus moving it up to the vote in plenary, for final approval.
When Parliament approved the aviation deal with Morocco back in 2006, the European Union had not yet clarified its legal position on the territorial scope of any of its agreements with Morocco. But in December 2016, the Court of Justice of the European Union ruled that Western Sahara is a “distinct and separate” territory from Morocco (art. 106, C 104/16 P Polisario vs Council). As such, the Court stated, no EU trade or association agreement with Morocco can be applied to Western Sahara, unless with the explicit consent of the people of the territory. Thus creating an incentive for the Parliament’s Legal Services to consider the territorial application and legality of the aviation deal that is now up for vote.
“We regret the absence of a political majority in the Parliament to support the request from the Greens/EFG group for a legal opinion which would have allowed for a fully informed decision on this complex legal matter with critical geopolitical implications. We do however look forward to the European Commission clarifying the territorial scope of this agreement, before the vote. European citizens have a right to know whether their planes to El Aiun/Laayoune and Dakhla are flying in illegality or not”, says Greens MEP Florent Marcellesi.
"It does not appear that the Saharawi people have given their consent to the exploitation of their airspace", says Davide Contini from Western Sahara Resource Watch. "If Parliament is to approve the revised agreement on Tuesday, it is likely that European companies that are operating in Western Sahara - for passenger or cargo traffic - are left in legal uncertainty, notably with regard to EU and international norms on aviation safety and security. Which regulations ought to apply to flight connections to Western Sahara, given its 'separate and distinct' status? Ultimately, the enhancement of aviation ties between the EU and Western Sahara, by facilitating trade in products from this territory, raises - once again - fundamental questions of the complicity of the EU with an illegal occupation", Contini says.
Morocco occupies the major part of its neighbouring country, Western Sahara. Entering into business deals with Moroccan companies or authorities in the occupied territories gives an impression of political legitimacy to the occupation. It also gives job opportunities to Moroccan settlers and income to the Moroccan government. Western Sahara Resource Watch demands foreign companies leave Western Sahara until a solution to the conflict is found.
Leading activists from Western Sahara are condemned to sentences ranging from 20 years to life imprisonment in connection to a mass protest in 2010 denouncing the Saharawi people’s social and economic marginalization in their occupied land; the Gdeim Izik protest camp.
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