The Sahrawi Arab Democratic Republic (SADR), as it is officially known, has seen the number of countries that recognise its sovereignty over the territory drop to 40 from more than double that number 30 years ago. Moroccan law and practice apply. The disputed territory of Western Sahara was central to a deal announced by President Donald Trump on Thursday establishing diplomatic ties between Morocco and Israel. 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. 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. Blinken made his request during a … The government of Morocco encouraged the return of Sahrawi refugees from abroad if they acknowledged the government’s authority over Western Sahara. “It is such an honour for me to visit this stunningly beautiful and critically important region of Morocco, and to begin the process of establishing a US diplomatic presence here,” Fischer said. Reports of mistreatment occurred most frequently in pretrial detention. The CNDH visited the detainees at the local prison in Laayoune. The specific charges for which each individual was convicted were unknown. 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. The Moroccan constitution provides for an independent judiciary, and, as in previous years, NGOs asserted that corruption and extrajudicial influence weakened judicial independence. Via its regional offices in Dakhla and Laayoune, the CNDH continued a range of activities, including monitoring demonstrations, visiting prisons and medical centers, and organizing capacity-building activities for various stakeholders. NGOs and activists alleged that Moroccan authorities sometimes restricted access to Western Sahara for foreign visitors, including journalists and human rights defenders (see section 2.a. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. The letter, dated December 15, 2020, referred to the Presidential Proclamation concerning the sovereignty of Morocco over Western Sahara, and the US … On January 15, Moroccan authorities denied a Spanish lawyer entry to Laayoune; the lawyer intended to observe Dehani’s Court of Appeals hearing scheduled for January 16. According to the DGAPR, academics conducted seven visits and various NGOs conducted 10 separate visits from January through June. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. Nazha Khalidi, a citizen journalist affiliated with Equipe Media, a Sahrawi online news agency not registered with the government of Morocco, was arrested in December 2018 as she attempted to livestream on Facebook security forces dispersing a demonstration in Laayoune. Observers indicated that police did not always respect these provisions or consistently observe due process, particularly during and in the wake of protests. Morocco has consistently refused to entertain the prospect of independence for the Sahrawi, saying only autonomy was on the table. Moroccan law and practice apply. Officials sometimes engaged in corrupt practices with impunity. The judicial police (investigative) branches of both the Royal Gendarmerie and the National Police report to the royal prosecutor and have the power to arrest individuals. 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 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. The CNDH’s Laayoune and Dakhla regional commissions monitored 40 demonstrations from January to July. According to the working group, Daoudi was arbitrarily detained in 2013 for the alleged possession of a hunting rifle and other military paraphernalia. Violent confrontations between security forces and protesters were less common than in previous years, according to several local NGOs, although violent dispersals occurred on occasion. Moroccan law and practice apply. 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. Section 2. Roughly the size of Colorado, it has a population of about 600,000 people according to the U.N. Its main resources are fish and phosphates and it is believed to have off-shore oil reserves. 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. This number included the Gdeim Izik prisoners as well as members of Sahrawi rights or proindependence organizations. 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 king shares executive authority with the head of government (prime minister) Saadeddine El Othmani. 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. The CNDH operated in conformity with the Principles of Paris, according to the Global Alliance of National Human Rights Institutions, which recognized it in 2015 as a “class A national human rights institution” within the UN framework. 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. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. It became a protectorate of Spain in the 19th century and was later claimed by Morocco, Mauritania, and local inhabitants. Physical Conditions: Prison and detention center conditions generally were similar to those in internationally recognized Morocco. 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 CNDH also occasionally investigated cases raised by unrecognized NGOs, especially those that drew internet or international media attention. Amnesty International reported that Moroccan authorities routinely rejected the registration applications of Sahrawi human rights groups. The United States’s abrupt change in its long-held policy concerning the Western Sahara conflict—a largely bipartisan issue in Washington until the former administration’s decision— upends years of international consensus. 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. At the conclusion of that meeting, Koehler commended all delegations for their engagement and for demonstrating an awareness of the many individuals placing their hopes in the renewed political process. 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. Analysts say by recognising Morocco’s claims over Western Sahara, Washington is effectively undermining international law and the mechanisms by which conflicts are resolved. Critics of the agreement say it undermines a United Nations-led process to find a permanent solution to the conflict, which the world body said rests on a referendum for the Indigenous Sahrawi people to decide on their fate: independence or autonomy within a wider federation. Western Sahara's much-touted phosphate reserves are relatively unimportant, representing less than two percent of proven phosphate reserves in Morocco. Also see the Department of Labor’s annual Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings/ . 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. No Moroccan law limits participation of women or members of minorities in the political process, and the participation of women and minorities was similar to that in internationally recognized Morocco. Instead, the United States and France have endorsed a Moroccan “autonomy” plan for Western Sahara that is quite limited in scope and would fail … The National Police Force manages internal law enforcement in cities and reports to the Ministry of Interior. As Trump’s time in the oval office approaches its end, Al Jazeera takes a look at the stakes involved for the incoming administration of President-elect Joe Biden and the deal’s implications for the region. It was a visit that would go down in the annals of Moroccan history. Improvements: According to the CNDH, the Laayoune local prison offered vocational training to prisoners, including women and juvenile offenders, as part of the Mohammed VI Foundation Reintegration of Prison Inmates program. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights, Section 6. The president of the Court of Cassation (the highest court of appeals) chairs the 20-member body. Corruption and Lack of Transparency in Government, Section 5. The United States ambassador to Morocco began the process of establishing a consulate in the disputed territory of Western Sahara on Sunday, … In a presidential proclamation on Thursday, the United States recognised “Moroccan sovereignty over the entire Western Sahara territory” and reaffirmed its support for a … Independent Monitoring: The Laayoune branch of the CNDH conducted six monitoring visits in two prisons and found the local prison in Laayoune remained overcrowded and insufficiently equipped to provide appropriate living conditions to the detainees. On July 8, the Laayoune Court of First Instance convicted Khalidi of falsifying professional credentials as a journalist and fined her 4,000 MAD ($400). Government Human Rights Bodies: The same government human rights bodies operated in the territory as in internationally recognized Morocco. Generally, the government denied official recognition to NGOs that it considered advocates against Islam’s status as the state religion, the legitimacy of the monarchy, or Morocco’s territorial integrity. 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 government of Morocco enforced strict procedures governing journalists’ meetings with NGO representatives and political activists. Self-censorship and government restrictions remained serious hurdles to the development of a free, independent, and investigative press. According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government. 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. "This map is a tangible representation of President Trump's bold proclamation two days ago, recognising Morocco's sovereignty over Western Sahara," Ambassador David Fischer said according to a statement seen by AFP. Rabat had long laid claim to the territory, a Spanish colony up until 1975. The major political parties and local observers considered the elections free, fair, and transparent. Detainee’s Ability to Challenge Lawfulness of Detention before a Court: Moroccan law and practice apply. As in internationally recognized Morocco, the Moroccan government limited freedoms of peaceful assembly and association. The Moroccan constitution and Moroccan law prohibit such practices, and the government of Morocco denies it authorizes the use of torture. According to the annual report from the UN Working Group on Enforced Disappearances, from May 2018 to May 2019, Morocco had 153 outstanding cases, seven fewer than at the beginning of the reporting period. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. You can add more than one country or area. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. AdalaUK NGO reported the public prosecutor did not present evidence to substantiate the charges. Authorities were sensitive to any reporting not in line with the state’s official position on the status of Western Sahara, and they continued to expel, harass, or detain persons who wrote critically on the subject. Arbitrary Arrest: Security forces often detained groups of individuals, took them to a police station, questioned them for several hours, and released them without charge. The government tolerated activities of several unregistered organizations. For more information, see the Department of State’s 2019 Country Reports on Human Rights Practices for Morocco. 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. 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. According to the government, Asfari is serving the remainder of his sentence in an individual cell that is compliant with international standards. 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. Ending the Algerian-backed separatists’ fight for control of the Western Sahara is one of Morocco’s top priorities. Moroccan law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. NGOs reported several cases of alleged arbitrary arrest and detention, particularly following proindependence demonstrations, although there were fewer allegations than in previous years. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. Publications and broadcast media require government accreditation, and the government may deny and revoke accreditation as well as suspend or confiscate publications. In 2018 Asfari was placed in solitary confinement. There were some reported cases of authorities preventing Sahrawis from traveling. As of August several human rights organizations and the press reported that authorities denied access to more than a dozen foreigners traveling to Laayoune who were associated with human rights organizations or the press. 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 … 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. 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. The individuals had been previously convicted in a military trial in 2013. The territory remained disputed between Morocco and local forces well into the … 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. Moroccan law and practice apply. The DGAPR reported these prisoners were held in individual prison cells in accordance with international norms and standards and had rights to collective social activities with other inmates. A Proclamation: The United States affirms, as stated by previous Administrations, its support for Morocco’s autonomy proposal as the only basis for a just and lasting solution to the dispute over the Western Sahara territory. 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. 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. International and local observers judged the 2016 parliamentary elections, held in both internationally recognized Morocco and Western Sahara, credible and relatively free from irregularities. “Derecognition is already commonplace in this conflict and it would mean realigning with other international players’ position in the conflict,” said Joseph Huddleston, assistant professor at Seton Hall University’s School of Diplomacy and International Relations. 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. 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. International observers considered the elections credible, noting voters were able to choose freely, and deemed the process relatively free of irregularities. That episode highlighted just how susceptible the region was to armed confrontation between the two sides. The United States has adopted a "new official" map of Morocco that includes the disputed territory of Western Sahara, the ambassador to Rabat said. Magrane intended to observe Dehani’s Court of Appeals hearing initially scheduled for January 16 (see section 1.d.). 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. 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. and section 5). 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. 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. It also maintained contact with unrecognized NGOs. Most prisons assigned each prisoner a designated “visit day” to manage the number of visits to the prison. There were no reports of disappearances by or on behalf of Moroccan government authorities during the year. 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. According to Moroccan law, groups of more than three persons require authorization from the Ministry of Interior to protest publicly. 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. I also interviewed James A. Baker III, the former U.S. Secretary of State who worked for a referendum in the Western Sahara in the early two-thousands.As part … In return, the United States agreed to recognise the disputed territory of Western Sahara as belonging to Morocco. Respect for the Integrity of the Person, Including Freedom from: a. 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.). Moroccan law and practice apply. The conflict “increases the risk that some of the complex constellation of armed groups in the Sahel may be pulled into war”, recently wrote Andrew Lebovich, a policy fellow at the European Council on Foreign Relations. "Mr Schenker is the first US official to visit Western Sahara. The Moroccan constitution and Moroccan law generally provide for freedom of expression, including for the press, although they criminalize and restrict some freedom of expression in the press and social media–specifically, criticism of Islam, of the institution of the monarchy, and of the government’s positions regarding territorial integrity and Western Sahara. There were no reports that the Moroccan government or its agents committed arbitrary or unlawful killings. The security apparatus includes several police and paramilitary organizations with overlapping authority. When warranted, the CNDH recommended reparations in the form of money, health care, employment, or vocational training to victims of forced disappearance (or victims’ families) from previous years. This would prolong and further complicate the conflict, turning Western Sahara into a complex theatre akin to that of Libya, with neighbouring Algeria potentially weighing in, if only logistically, to support the Polisario, he said. Until Trump’s tweet neither the United States nor any other country formally recognized Morocco’s alleged sovereignty over the bitterly disputed territory. Moroccan law does not define or recognize the concept of a political prisoner. On February 6, the Laayoune Court of Appeals acquitted Dehani of all charges. On June 13, the Laayoune Court of Appeals reduced the prison sentence to five months. Section 1. There is speculation that there may be off-shore oil and natural gas fields, but the debate persists as to whether these resources can be profitably exploited, and if this woul… Outgoing President Donald Trump’s Dec. 11 proclamation that the United States would recognize Moroccan sovereignty over Western Sahara marked yet … Nonetheless, in April the UN secretary-general urged the state and other parties to address outstanding human rights problems and enhance cooperation with the OHCHR. The DGAPR authorizes religious observances and services provided by religious leaders for all prisoners, including religious minorities. Local and international human rights advocates claimed that Moroccan courts often refused to order medical examinations or to consider medical examination results in such cases.
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