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FOR
PROSPERITY
2017
RAPPORT EUROMED-CDC - 2017
Euromed-CDC
Contact: info@euromed-cdc.org
P
Phosphate in support of human
development and regional
prosperity.
Phosphates : a Strategic Issu
PUBLISHED:
January 2017
UNDER THE DIRECTION OF LATIFA AÏT BAALA
RÉDACTION:
Latifa Aït Baala
Frédéric Truillet
Géraldine Van Leeuw
Claude Vandermeuler
Tazo Tania
Muller Ham
Mandoza Pietroski
Hassan El Bouharrouti
Samantha Antonio Pedro
HOME PAGE:
The longest conveyor in the world
transports phosphate from the mines
in Bou Craa to the port of El-Aaiún
This report may be used freely,
in print or online format.
For comments or
questions about this report, please contact
info@euromed-cdc.org.
ue for the World’s Population
Phosphorus – for which the chemical symbol is P – is the staff of life and
essential for feeding the world’s population. The reason is that farmers
use phosphates as fertilizer. Given the world’s ever-expanding population,
worldwide agriculture and secure food supplies depend entirely on the
phosphates used to manufacture chemical fertilizers. Global population
growth and the need to optimize use of arable land make phosphates
a strategically critical asset. A shortage of phosphates could lead to
widespread famine.
Morocco is the world leader in the phosphate and phosphate derivatives
market. The country owns 75% of the world’s known reserves. Moroccan
phosphates are known for their exceptionally high phosphorous content.
China and Morocco account for two-thirds of global production. Morocco is
the number two producer of phosphates in the world, behind China, and the
number one exporter of rock phosphates and phosphoric acid. OCP exports
to every continent, shipping to around forty countries worldwide. In short
Morocco is one of the largest fertilizer producers in the world.
Morocco has four deposits of phosphates. The Khouribga deposit is home to
the largest open-pit phosphate mine in the world. Contrary to the allegations
of WSRW the Phousboucraa site, located eighty kilometres from Laayoune,
accounts for only 1.7 percent of Morocco’s proven reserves – USGS.
So why are these lobbyists trying to render illegitimate Morocco’s phosphate
operations in the Southern Provinces? Natural resources have always been
cause for envy and phosphates are no exception to the rule. Given that
the demand for and use of phosphates will continue to grow and some
specialists predict that fertilizer prices will skyrocket by five hundred to
one thousand percent in the next twenty to thirty years, we can begin to
understand the motivation of these lobbyists and their sponsors.
In 2015 a dozen companies, more particularly from Canada, New Zealand and
Venezuela, imported phosphates from the Southern Provinces. According to
OCP’s annual report, 1.41 million metric tons were exported in 2015 at an
estimated value of 167.8 million US dollars. Two companies stand out here.
They alone account for 64.5 percent of phosphate sales for the whole year.
These two Canadian companies are Agrium Inc. and Potash Corporation. This
report aims to investigate how phosphate resources are used to benefit the
population. Unfortunately, the politicization of exploiting natural resources
on the part of Morocco’s opponents, is detrimental to local populations.
This report draws an overview of how the phosphate’s resources are
exploited to the advantage of the population. Unfortunately, the politization
of those exploitations by Marocco’s opponents has a bad effect and penalizes
the local people.
A humanitarian drama on Europe’s doorstep
For over forty years, the Sahrawi people living in camps in Tindouf, Algeria, have been held hostage to a
conflict that is much bigger than them. For too many years these people, who fled the violence during
the period of Spanish colonization hhave bebeenen uusesedd asas aa wweaeapoponn anandd babargrgaiaininingng cchihipp to jjustifyy a number
fof ddememanandsds. ThThee rerefufugegeee sisitutuatatioionn isis eexpxploloititeded ttoo obtain international humanitarian aid. However despite
ththee fafactct tthahat a census is a statutory obligation for Algeria, the responsible office off hthe UUnitit ded NN tatioionsns
has never been able to perform a census of the r fefugee pop lulatatioionn whwhicichh isis wwhahatt wowoululdd bebe nneeeedededd toto
determine hthe amou tnt off ininteternrnatatioionanall aiaidd,
WhWhWhilililee eieieighghghtytyty pppererercececentntnt ooofff thththeee SaSaSahrhrhrawawawiii popopopupupulalalatititionon llive in Western Sahara, Sahrawi refugees in camps in
anandd ararouound Tindouf live in one of the driest deserts in the world. Their living co dndiitiions are e txttreremememelylyly
difficult and often inhumane, as the Australian journalili tst, ViViololetetaa AyAyalalaa, ffroromm ReRepoportrtererss WiWiththououtt BoBordrdererss
has reve lal ded.
“WWee ororigigininalallyly wwenentt ththereree toto wworo k on the pproblem of separated families. But during our stay we witness ded
scenes that were naked slavery.”
Baba Sayed, brother of the founder of the Polisario Front agrees wholeheartedly. On the ARSO website
he remarked,
What is a refugee?
“owing to a well-founded fear of persecution for
reasons of race, religion, nationality, membership
of a particular social group or political opinion,
is outside the country of his nationality and is
unable or, owing to such fear, unwilling to avail
himself of the protection of that country or who,
not having a nationality and being outside the
country of his former habitual residence as a
result of such events, is unable or, owing to such
fear, unwilling to return to it.”fills the bill .
Article 1, the 1951 Convention Relating To The
Status of Refugees and its 1967 Protocol.
The Convention imposes obligations on the states
party to the agreements. However, Algeria does
not uphold its statutory obligations. Algeria has
always refused to allow a census of the refu gee
populations. Algeria has said the census depends
“on a comprehensive political resolution of the
Saharan problem”
on Algeria’s own terms, namely, the granting of
independence to the Sahara. Such an attitude
clearly demonstrates the extent of Algeria’s
claimed neutrality in this matter.This attitude is
nonsensical and entirely contrary to the United
Nations mission. Indeed, “The work of the High
Commissioner shall be of an entirely non-political
character; it shall be humanitarian andsocial and
shall relate, as a rule, to groups and categories of
refugees.”
Article 2 of the Statute of the of the United
Nations High Commissioner for Refugees.
WHAT EXACTLY IS A REFUGEE? ANY PERSON WHO,
Estimates of the Sahrawi population in the Tindouf
camps according to various authorities
On 14 December 1975 and according to the
International Federation of the Red Cross, 20,000
On 21 December 1975 and according to the United
Nations,
10,000 to 12,000
On 8 March 1976, according to a letter from the
Algerian Minister of foreign affairs sent to the United
Nations, 15,000.
On 22 November 1976 and according to the Algerian
authorities 50,000
On 22 November 1976 and according to the Algerian
authorities from 165,000 to 200,000
In 2004 and according to Algeria 90,000
Unable to perform a census as everyone was and
in the wake of various investigations, international
and European institutions, such as WFP, UNHCR
and ECHO, agreed to reduce the figures Algeria and
the Polisario front had submitted to them while
recognizing that the final figure was still high,
particularly given the large number of persons who
had returned to Morocco.
IN THE ABSENCE OF A CENSUS, A WAR OF NUMBERS
In its resolutions involving refugees, the
General Assembly of the United Nations
states unequivocally, “The General
Assembly recognizes the importance of
early establishment of effective registration
systems and censuses in order to ensure
protection, while quantifying and assessing
food provision and humanitarian assistance
needs and implementing appropriate lasting
solutions.”
“The issue of the census was first brought up in
Rabat and I raised this question in Tindouf and
Algiers, where local authorities told me that the
UNHCR is satisfied with the figures provided by
the host country with regard to the number of
refugees. This makes it possible to establish the
amount of humanitarian aid. To go further than
that would entail unjustified politicization.”
Christopher Ross, the
Secretary General’s Per-
sonal Envoy for West-
ern Sahara at a press
conference in New York,
on 28 November 2012
stated,
In addition to international and European institutions,
numerous states, non-governmental organisations
and movements in support of the Sahrawi people
grant staggering amounts of aid that never makes it
to the people for whom it is intended. Unfortunately,
these people continue to live in extremely difficult
conditions.
According to the Norwegian Support Committee for
Western Sahara, http://www.vest-sahara.no/a82x391,
Norwegian humanitarian assistance in refugee
camps in Algeria currently amounts to several million
Norwegian kroner per year, http://www.vest-sahara.
no/a50x246.
EUCOCO, the European Coordination Conference for
Solidarity with the Sahrawi People, brings together
representatives from support committees from non-
governmental organisations and all the countries in
Europe. It defines the types of political and material
support to be sent to the Polisario movement
http://www.arso.org/R91/refl0591.htm.
http://ec.europa.eu/echo/files/aid/countries/
factsheets/algeria_fr.pdf
Over the years, the European Union has granted ten
million Euros in aid every year. This is a significant
amount, yet small compared to the colossal sums
granted to the Polisario movement. One needs only
to consider the Algerian government’s contribution.
Algeria alone has surpassed the aid that the European
Union provides. This is increasingly rubbing the
Algerian population up the wrong way.
In 2016, owing to a lack of transparency in managing
humanitarian aid and failure to carry out a census
of the refugee population, the European Commission
decided to reduce funding to nine million Euros. Since
1993, the European Commission has contributed a
total of 222 million Euros in funding.
In 2016 the Commission made investments designed
to improve the living conditions of Sahrawi refugees.
Food aid remains an important component of this
funding. More than five million Euros were allocated
to the United Nations World Food Program and Oxfam,
in order to ensure that these refugees are supplied
Colossal amounts of international humanitarian aid
with food and in order to manage distribution of
food coupons. Water is one of these refugees’
main sources of concern. So the Commission
helps ensure that a sufficient supply of safe
drinking water is made available to them. There
ensued projects designed to connect camps to
water sources directly via networks of pipelines
and by trucking in water. The UNHCR built two
wastewater treatment stations, in order to
guarantee a supply of clean drinking water. The
Commission also financed supplies of essential
medicines and training for local medical personnel
through Medico International in order to improve
management capacity and reduce the refugees’
consumption of antibiotics.
In 2016 the humanitarian aid which the European
commission granted enabled the Danish Refugee
Council and Triangle Génération Humanitaire to
launch subsistence activities. The aim was to
improve refugee families’ resilience and to reduce
their dependence on humanitarian aid.
CROIX-ROUGE-ES SPAIN NGO ALGERIA-
ECHO/-NF/BUD/2015/91004
Rehabilitation of water and sanita-
tion system and strengthening of
protocols for maintenance, cleaning,
and promotion of hygiene in Rabou-
ni's National Hospital in the Sahrawi
refugee camps. Algeria.
€ 340,000
UNHCR-CH SWITZERLAND UN ALGERIA
ECHO/-NF/BUD/2015/91006
Assistance to Sahrawi refugees in
camps in Tindouf, Algeria
€ 1,550,000.
OXFAM-BE BELGIUM NGO ALGERIA
ECHO/-NF/BUD/2015/91001
Food assistance program for Sah-
rawi refugees
€ 2,600,000.
TRIANGLE-FR FRANCE NGO ALGERIA
ECHO/-NF/BUD/2015/91005
Assistance to vulnerable Sahrawi
refugees living in the camps to the
south of Tindouf in Algeria
€ 950,000
TRIANGLE-FR FRANCE NGO ALGERIA
ECHO/DRF/BUD/2015/91021
Emergency response and re-
construction for Sahrawi people
affected by torrential rain in the
camps located in southwestern
Algeria - Tindouf Region
€ 425,000
WFP-IT ITALY UN ALGERIA ECHO/-NF/
BUD/2015/91002 WFP
Assistance to Refugees from West-
ern Sahara
€ 3,800,000
MI-DE GERMANY NGO ALGERIA ECHO/-
NF/BUD/2015/91003
Facilitation of Capacity Develop-
ment measures for personnel at
the Saharawi Ministry of Health and
provision of drugs and medical con-
sumables to the Saharawi refugees
in Tindouf camps
€ 760,000
Humanitarian aid agreements granted by DG Echo in 2015
New contracts signed in 2015
Source, http://ec.europa.eu/echo/files/funding/agreements/agreements_2015.pdf
THIS AMOUNTS TO A TOTAL OF €10,425,000 GRANTED TO NON-GOVERNMENTAL ORGANISATIONS THAT HAVE
ADOPTED A POLITICAL STANCE WHEN THEY WERE SUPPOSED TO BE CONDUCTING HUMANITARIAN WORK.
UNHCR Inspector General’s Office, Inquiry Report
INQ/04/005, Geneva, 12 May 2005
Reliable sources relate that diversion of humanitarian
aid started in the port of Oran and also in the camps.
Goods that came into the wrong hands turn up on
markets, particularly those of Algeria and Mauritania.
The parties responsible for diverting humanitarian aid
were from Algeria, the Polisario Front, the Algerian Red
Crescent and the Sahrawi Red Crescent.
The UNHCR has flagged potential errors in population
censuses, as in 2003 when the American Red Cross
reported 80,000 refugees. In 2004 the Red Cross
revised its estimate to 165,000 - paragraph 27. The
estimate is absurd. This is particularly true, since at
the time refugees were fleeing the camps.
In addition to this, the UNHCR expressed concern about
population censuses based on multiple declarations
as well as declarations made by one single official,
as when 19,984 people reported 106,213 individuals as
family members, but with no means of backing up the
figures.
The UNHCR regretfully noted that the WFP
“The most striking aspect of this inquiry is that many
of the issues, such as irregular refugee numbers,
no registration, inexistent CRA accountability, lack
of monitoring had already appeared in 1977 but
notwithstanding, the same issues persist”. Paragraph
63.
Investigation report for WFP inspection, World Food
Program – OSDI/592/05, 2005.
The board of inspectors recorded similar issues which
came up in the UNHCR’s report. The WFP highlighted
some problematical questions about how to
handle the census of a given refugee population,
donors’ unclear statements, insufficient auditing
and accountancy, amounts not reaching the level
of those provided by humanitarian aid, disrupted
delivery of humanitarian aid and so forth.
OLAF Report, European Anti-Fraud Office, OF
2003/521
In October 2003, DG ECHO related to OLAF its
suspicions that there was misappropriation of huge
amounts of funds destined to aid refugee camps.
OLAF set about investigating the matter on two
fronts. They would first have to determine the exact
number of refugees, then establish proof of fund
misappropriation by members of the Polisario Front
and within Algeria.
In its conclusions, OLAF indicated that the initiative
had
“made it possible to establish a reliable figure for
refugees in need of assistance, which the Algerian
government and Polisario Front had made impossible
until now, despite the UNHCR’s repeated attempts
to organize a census of the population.”
As this figure was well below that given by Algeria
and the Polisario Front, it therefore follows that
“The Commission has overpaid ever since assistance
first began.”
Moreover, the investigation made it possible to
reasonably conclude that
“a significant proportion of the humanitarian
aid, funded in part by the European Commission,
has been diverted. One of the reasons that made
diversion possible is that the number of refugees
has been overestimated.”
Massive misappropriati
There have been numerous reports about large-scale
misappropriation of humanitarian aid. There ensued
a scandal when independent reports by WFP, OLAF,
the UNHCR, and the Red Cross revealed that mass
misappropriation had been going on for decades
Vue générale des Cam
A European Parliament resolution of April 29, 2015
observes that refugee numbers form an integral part of
decisions regarding the discharge of execution of the
general budget of the European Union for the financial
year 2013, Section III – Commission and executive
agencies (2014/2075(DEC)), section on “Possible
embezzlement of European Union humanitarian and
development aid funds”.
“OLAF drafted a report on the humanitarian aid granted
to the Sahrawi refugee camp of Tindouf in Algeria – OF
2003/526 . The organisation called on the Commission
to clarify the measures taken in response to the
findings of that report and notes that, according to a
UNHCR inquiry report, INQ/04/2005, non-registration
of a refugee population for such a prolonged period
constitutes an abnormal and unique situation in the
UNHCR’s history.
The organisation urged the Commission to ensure that
the Algerian or Sahrawi individuals incriminated in the
OLAF report no longer have access to aid funded by
Union taxpayers. It further calls on the Commission to
re-evaluate and adapt Union aid to the actual needs
of the population concerned while ensuring that the
interests and needs of the refugees are not harmed
since they are the parties most vulnerable to any
possible irregularity.”
on of humanitarian aid
In July 2016, Christos Stylianides,
European Commissioner for
Humanitarian Aid and Crisis
Management, announced that aid
would be reduced to adequately meet
refugees’ needs. In 2015 numerous EU
funded projects were implemented in
the camps in order to cover Sahrawi
refugees’ basic needs together with
decent living conditions. Christos
Stylianides added that
“in the surrounding area and in the
Sahel countries, millions of people
still do not live in accordance with
minimum humanitarian standards.”
mps de Tindouf
eGeGeGeGeGeeeeeeeGeGeeeeGeeeGeGeeeeeeeeeeeeeeeGeGeeeGeGeeGeeeGeGeGeGeeeeGGeeeGeGeGeeeGeeGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG eneeeeneneneeeeeneneeneeneneeeneeneneneneneeeneneeenennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn raararararararararaarararararaararararaaaraaaaaararrrrrrrrrrrr lllllllllllllllllllllllll viviviiiiviviviiviiiviivivivvvvvvvvvvvvvvvvvvvv ewwwwwwwwwewwwewewewewwwwwewwwewwwewwwwewwwewwwwewewewewwewewweeeeeeeeeeee oooooooooooooooooooooffffffffffffffffffffffffffffffff TiTiTiTiTiTiTiTiTiiTiTiiTiiiTiiiiiiTiTiTiiTiTTTTTTTTTTTTT ndndddndndndndndndndndddndddndnnn ououuouuuuouououououououououououuuououuuoooooooooooo fffffffffffffffffff acaacacacacaaacacacacacaacacaaaaaaaacacac mpmpmpmpmpmppmpmpmpmppmpmpmpmpmpmpmpmpmpmppmppmpppmpmpmpmmmmmmmmmmmmmmmmmmmmmmmmmmm ssssssssssssssssssssssssssssss
An enormous investment prog
with MAD14.264 billion (USD1.
MAROC
BOU CRAA
LAÂYOUNE
History of
the Bou Craa
mine
A company with lasting roots in the
community
1947 - phosphate reserves discovered in the
region colonized by Spain subsequent to
Morocco’s other reserves. The Spanish geologist
Don Manuel Alia discovered these reserves in
Bou Craa.
July 1962 - the Empresa Nacional Minera del
Sahara or National Mining Company of the
Sahara, was founded to operate mines held
by the Spanish state-owned company INI or
Instituto Nacional de Industria i.e. the National
Institute of Industry.
May 1968 - the company was renamed Fosfatos
de Bucraa S.A., also known as Fosbucraa or
Phosboucrâa.
1972 - the Spanish began exploiting the mines.
They employed many Spaniards in the mines
and only four percent of locals, dating from
Spanish colonial times.
18 November 1975 - After signing the Madrid
Accords, the Cortes (Spanish Parliament) adopts
a bill authorizing the Spanish Government to
decolonize and cede these territories.
1976 - OCP bought up sixty five percent of
Phosboucraâ shares from the INI and launched
a joint mining operations venture..
1976 - 1982 - complete shutdown of the mines.
1982-2008 - renovation programmes, notably large
scale investments.
2002 - OCP acquired Spain’s remaining thirty five
percent Phosboucraâ shares. Phosboucraâ had
experienced financial losses since its foundation.
In 2008 growth resumed after several years of
financial losses.
2016 - Phosboucrâa had become a well managed
OCP subsidiary with sound financial standing,
since its turnaround in 2008.
In 2015, OCP’s turnover was 47.747 billion Moroccan
Dirhams, equivalent to 4.75 billion US dollars, versus
41.436 billion Moroccan Dirhams, equivalent to 4.13
billion US dollars in 2014. Phosboucrâa accounted
for about 7.5 percent of OCP’s total revenues. An
enormous investment programme proceeded as
planned, with 14.264 billion Moroccan Dirhams,
equivalent to 1.418 billion US dollars released in
2015.
PHOSPHATE MININ
ram is proceeding as planned,
.418 billion) released in 2015.
NG IN THE SAHARA
±1,7%
Laayoune
Boucraa
G
Ca
Jorf Lasf
Safi
Convoyeurs
Co
Phosphate mining goes on a single site in Bou
Craa. The company which does the mining is
Phosboucraa S.A. It lies eighty kilometres East of
the city of Laayoune. This site accounts for about
1.7 percent of Morocco’s national phosphate re-
serves.
Source: United States Geological Survey (USGS)
STATUS OF PHOSPHATE RESER
an estimated 1.1 billion square
metres of geological phosphate
resources. Phosboucraa extracts
between 2.5 and 3.0 million square
metres of these resources per
year, approximately 0.3 percent of
phosphates “underground”.
region contains the equivalent of
approximately three hundred years
of recoverable phosphate reserves.
18%
37%
43%
Meskala
Gantour
Khouribga
Axe intégré Khouribga - Jorf Lasfar
Axe intégré Gandour - Safi
Axe intégré Phosboucraa - Laayoune
Unités de production
Sites miniers
ports phosphatiers
Pipeline
Convoyeurs
% roches de phosphates
asablanca
far
%
onvoyeurs
Morocco holds seventy
three percent of
the world’s known
phosphate reserves,
and the mine in Bou
Craa represents only 1.7
percent of Morocco’s
national phosphate
reserves.
Morocco has a phosphate
mining capacity of thirty
three million metric tons.
In 2015, the country
extracted 30.3 million
metric tons and in 2014,
27.4 million metric tons.
In2015,30.3millionmetric
tons were extracted. In
2014, 27.4 million metric
tons were extracted.
Source: OCP annual report – 2015
RVES
LEGAL
EXPLOITATION
OF NATURAL
RESOURCES
The so-called “Western Sahara” is a disputed territory. As such it
is a bone of contention with the Polisario Front and Algeria. It is
on the United Nations list of non-self-governing territories under
Moroccan administration. Administration of these territories is
subject to the Charter of the United Nations.
More specifically:
More specifically, it is Phosphates de Boucraa S.A. who manage
the Bou Craa mine. Phosboucraa is a wholly-owned subsidiary of
OCP Group. Its main activities include the extraction, enrichment,
transport, and marketing of phosphate ore from the mine in Bou
Craa.
The Bou Craa mine’s annual production capacity is approximately
3 million metric tons. This represents just 1.7% of Morocco’s
phosphate reserves.
OCP employs 23,000 people. With nearly 2,300 employees,
Phosboucrâa is the largest employer in the region. Today, 80% of
employees are recruited locally, up from just 4% in 1977.
The OCP Foundation and the Phosboucrâa Foundation were
also created to advance OCP Group’s social and societal
commitments. Their main missions are to promote education and
training, improve youth employability, promote and strengthen
entrepreneurship, reduce poverty, promote socio-economic
development, increase access to healthcare, promote socio-
cultural activities and heritage conservation and support food
security programmes.
In February 2016, the OCP Group announced through its subsidiary
Phosboucraa and the Phosboucraa Foundation, that a large-scale
development project would be launched, namely, the Foum El
Oued Technology Cluster at Laayoune.
It will be home to Mohammed VI Polytechnic University – Laayoune,
which will be geared towards research, innovation, and training
in the scientific and technical fields.
It will include clusters dedicated to youth skills development and
to the promotion of entrepreneurship, as well as an Industrial
Skills Centre for training related to the phosphates industry.
This will help OCP Group and its subsidiary Phosboucrâa deploy
their industrial strategy, while at the same time strengthening
the local and regional economies. The Foum El Oued Technology
Cluster at Laayoune will be built in two phases under a two billion
investment that in US dollars would be 199 million. The project is
scheduled for completion by 2022.
This means that Phosboucrâa is a major contributor to the
economic viability and well being of the region’s inhabitants.
Legality of Phosboucrâa’s Activities
Palacio y Asociados came up with a Legal Opinion on
the Western Sahara, dated 29 July 2015. Its full title
in English is,
“The Legality of Phosboucraa Corporation’s
Phosphate Resource Development in the Western
Sahara».
The platform for the legal opinion was the so-called
Phosboucrâa report that KPMG came up with on 25
July 2015. We reproduce it below,
«We conclude that the activities of Phosboucrâa in
the Western Sahara comply with international legal
standards which the United Nations established
when drawing up its Charter and the resolutions of
the General Assembly» on Page 21.
Skills Center Laâyoune
Primary School Laâyoune
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Foot Stadium Al Massira Laâyoune
Interactive Training Center Laâyoune
THE INTERNATIONAL PRINCIPLES GOVERNING ACTIVITIES RELATING TO MINERAL
RESOURCES IN THE SO-CALLED NON-SELF-GOVERNING TERRITORIES
NATURAL RESOURCES AN
Article 73, Charter of the United Nations, runs as follows,
“Members of the United Nations which have or are assuming responsibilities for the administration
of territories whose peoples have not yet attained a full measure of self-government, recognize the
principle that the interests of the inhabitants of these territories are paramount.
Theyacceptasasacredtrusttheobligationtopromotetotheutmost,withinthesystemofinternational
peace and security established under the present Charter, the well-being of the inhabitants of these
The Corell Opinion of 12 February 2002
“WhilethespecificcontractswhicharethesubjectoftheSecurityCouncil’srequestarenotinthemselves
illegal, under Article 73 of the Charter of the United Nations, prospecting and mining activities must
respect the principle of primacy for the interests of the population.”
This opinion serves as a precedent for international and European bodies. It was referred to in the
judgment of the European General Court delivered on 10 December 2015, in the case opposing the
Polisario Front to the Council of the European Union, as well as in the opinion of the Advocate General
of the Court of Justice on 13 September 2016, following the appeal brought by the Council of the
European Union to dismiss the Polisario Front’s claims.
On appeal, the European Court of Justice confirmed this dismissal in its judgment delivered on 21
December 2016.
ND INTERNATIONAL LAW
On 21 December 2016, the European Court of Justice in its Grand Chamber ruled in favour of the trade
agreement between the European Union and Morocco. In so doing it followed on the heels of the Council of
the European Union’s appeal relating to the judgment which the Eighth Chamber pronounced on 10 December
2015. This was in the wake of a suit brought by Polisario Front annulling the Council’s decision on 8 March
to finalize an agreement on the reciprocal easing of trade restrictions on agricultural and fishery-derived
products.
The Court not only annulled the judgment but also declared the Polisario Front’s suit inadmissible. Furthermore,
the Court ordered the Polisario Front to bear its own costs as well as those which the Council of the European
Union had incurred. In other words the Court fully granted the Council’s request, putting an end to an episode
of Polisario Front manipulation and exploitation of Europe’s legal community for political ends.
Despite the Polisario Front’s wilful misinterpretations of this judgment, the European Court of Justice is not
responsible for addressing issues that fall under the jurisdiction of United Nations bodies. The European
Court of Justice does not accord the Polisario Front any legitimacy whatsoever.
The agreement between Morocco and the European Union remains in full force therefore and will continue to
have effect. It is in the mutual interest of all the European Union member states that supported the Council’s
and Morocco’s approach.
EU – Morocco Agreement: the ECJ ends the Polisario Front’s exploitation of the European
judiciary for political gain (Case C-104/ 16 P)
“The decision of the Council of the European Union on implementation of the Agreement on Agriculture
between the European Union and Morocco shall remain in force. Both parties are reviewing the possible
implications of the Court’s judgment and will work together on any issue relating to its implementation in
the spirit of the privileged partnership between the European Union and Morocco with all the mechanisms
set up to this end. Both parties confirm the vital nature of this privileged partnership and will work actively
on its implementation in all areas of interest.”
OnOn tthehesese ggrorounundsds,, ththee CoCoururtt (G(Grarandnd CChahambmberer)) dedeclclarareses aandnd ddececidideses tthahat:t:
1.1. TheThe EEururopopeaeann CoCoururtt dedecicisisionon ooff DeDececembmberer 110,0, 2201015,5, PPololisisararioio FFrorontnt vv.. CoCoununcicill (T(T-5-51212/1/12,2,
EUEU:T:T:2:201015:5:95953)3) iiss ananululleled.d.
2.2. TheThe cclalaimimss ofof tthehe FFrorontnt ppopopululaiairere ppouourr lala llibibérératatioionn dede llaa sasaguguiaia-e-el-l-hahamrmraa etet dduu ririoo dede oororo
(P(Pololisisararioio FFrorontnt)) araree didismsmisissesedd asas iinanadmdmisissisiblble.e.
3.3. TheThe FFrorontnt ppopopululaiairere ppouourr lala llibibérératatioionn dede llaa sasaguguiaia-e-el-l-hahamrmraa etet dduu ririoo dede oororo ((PoPolilisasaririoo FrFronont)t)
shshalalll papayy ititss owownn cocoststss asas wwelelll asas tthohosese iincncururreredd byby tthehe CCououncncilil ooff ththee EuEuroropepeanan UUninionon..
THE LEGALITY OF FOREIGN A
In the face of the incessant activity
on the part of the pro-Polisario Front
lobby designed to dissuade foreign
companiesfrominvestingintheSahara
by any means it can, companies have
decided to opt for total transparency.
They will be doing this by providing
information about everything they
do and anything which confirms the
international legality of their actions.
All the internationally renowned
firms consulted have attested to the
legality of everything that is going on
intheshapeofinternationalcontracts
entered into with foreign companies
in the Sahara.
ACTIVITIES AND COMPANIES
POTASH CORP
(Canada)
Canada’s AGRIUM Inc. The United States’ KOSMOS ENERGY
THE HIDDEN FACE OF THE WESTE
ststagagee.
Eric Hagen Président WSRW
ERN SAHARA CONFLICT AND THE
PIERRE GALLAND PRESIDENT OF EUCOCO
Sara Eyckmans
WSRW Brussels
Eric Hagen
WSRW Brussels
term re-investment for the benefit of
phosphates. Sustainable development of
phosphate resources at the Bou Craa site
requires extremely costly infrastructure.
The extraction of Bou Craa phosphate is two
and a half times more expensive than at the
mines in Northern Morocco. This is due to
higher equipment and maintenance costs
and a shorter useful life of assets in a region
that is characterized by severe weather and
geographical constraints.
OCP’s continual efforts to operate the mine
in sustainable fashion have necessitated
substantial investment and operational
expenditure of more than two billion US
dollars for the period 1976 to 2010. For twenty-
seven of the thirty-four years, OCP incurred
operating losses.
All Phosboucrâa’s revenue is reinvested in
maintenance and development of the Bou
Craa mine and strengthening regional socio-
economic activity.
The phosphate seam at the Bou Craa mine is
much deeper down which causes operational
difficulties and increases production costs.
Phosboucrâa is investing in the fu-
ture of the Sahara
High operating costs; long-term reinvestments for
phosphate beneficiation
BoBoBoBoooBoBooBooBoooooBoBBBB ucucucucucucucuccccuuuuuuuuu arararararaarararararaar ââââââââââââââââ MiMiMiMiMiMiMiMiMiiMiMMM neneneneneneneneeeeneenn
Socioeconomic Benefits
Phosboucrâa is the only private employer in the entire Sahara region.
Its annual payroll is approximately 85 million US dollars.
A total of 2,148 employees of whom 1,200 come from the region, with a clear and growing trend in the direction of local
recruitment. In fact, 810 or 78% of the 1,043 new recruits between 2001 and 2011 are from the region.
There is a strong commitment to recruiting senior executives locally.
In 2003 there was only one local executive in general management but by 2012 the figure had jumped to nineteen.
There is considerable investment in skills development, employability and a high quality of life for staff.
Provision of benefits to employees and retirees, as well as to
members of their families.
There is likewise provision for socio-economic benefits for the 1,233 families of Phosboucrâa retirees and
beneficiaries.
Phosboucraâ’s operations contribute to the development of local entrepreneurship and local job creation.
Fifty local companies operate as subcontractors for Phosboucraâ, resulting in a further 450 indirect jobs.
There are social benefits for employees and their families,
three medical centres, four doctors and eighteen nurses
external medical services
two million US dollars worth of medical and dental expenses covered annually
the best retirement benefits in the region
a budget of 57 million US dollars allocated to socio-cultural projects in 2012
a sixty-two hectare residential complex for employees still at work and retirees
ongoing construction projects relating to clubs and summer vacation resorts
the Institute for Social Advancement and Education which the OCP Group has
been sponsoring to the tune of 1.5 million US dollars every year
support for access to affordable housing for Phosboucrâa employees
334 plots of land in Laayoune available through Al Omrane
scope for acquiring housing elsewhere – including Laayoune – based on
employees’ needs
INNOVATION AND PRESERVATION
OF NATURAL RESOURCES AND THE
ENVIRONMENT
Finally, Phosboucrâa’s development strategy focuses on innovation and preserving the environment and natural resources.
As such, it has launched several industrial platforms that rely on sustainable technologies such as sea water desalination,
wind energy and electric co-generation which means zero CO2 emissions.
The teaching and research cluster will be focusing on issues involving the development and preservation of the environment
and the coast line. These development projects reflect OCP’s commitment to environmental preservation, the rational use of
natural resources and stepping up capacity.
Foum El Oued Technogy Cluster
REAGON OF LAAYPOUNE - BOUJDOUR - SAKIA EL HAMRA
A platform for innovation and R&D
Partofaresponsibleapproachtodevelopment,thetechnologyclusterproject
contributes to this promising region’s social and economic development.
In this way, OCP is extending its program of actions and investments aimed
at supporting its facilities’ coastal areas and populations.
POSITIONING
As part of the Southern territorial development program, the Foum El Oued Technology Cluster
project will support the economic emergence of the Laayoune region and foster its openness to
the world. It will create a sustainable development model aimed at:
Optimizing the region’s economic and social development
Promoting investment and job creation
Providing a platform for innovation and R&D
Creating synergy with local, national, and global partners
LOCATION
The technology cluster is located in the municipality of Foum El Oued, 18 km from Laayoune along
the Atlantic coast. It is in close proximity to land, air, and sea travel options:
Two-lane highway
Proximity to Laayoune’s port and airport – 15 km from the OCP site
PROGRAM
126 hectares distributed as follows:
R&D and Innovation cluster
Academic and Higher Education cluster
Modern Culture and Tourism cluster
Business Services cluster
National Fisheries Technology cluster
Residential area
Source URL: http://www.ocpgroup.ma/fr/sustainability/green-cities/technopole-foum-el-oued
PHOSBOUCRÂA AND ITS FO
PROJECTS FOR REGIONAL SOC
nearly nineteen billion Dirhams, or €1.7 billion worth of industrial
investment and socio-economic development
nearly seventeen billion Dirhams to diversifying industrial activities
and developing the regional business ecosystem.
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PHOSBOUCRAA FOUNDATION: PROMOTION OF EDUCATION AND
ACADEMIC RESEARCH
OUNDATION LAUNCH MAJOR
CIOECONOMIC DEVELOPMENT
OCP’S SOCIAL AND S
The OCP Foundation was established to advance OCP’s social and societal
commitments. Its mission is to develop and implement community
programmes that focus on human development.
It works towards promoting education and
training, improving youth employability, pro-
moting and strengthening entrepreneurship,
reducing poverty, promoting socio-economic
development, increasing access to health care,
promoting socio-cultural activities and heritage
conservation and supporting food security pro-
grammes.
Within this context, the OCP Foundation col-
laborates with several institutional partners
such as the Ministries of Education, Health, Ag-
riculture, etc. as well as numerous national and
international non-governmental organisations.
OCP has also invested in Skills Centres, counsel-
ling centres and training and support centres
to combat academic failure and promote social
inclusion. These centres also provide support
and guidance for associations and cooperatives
from the point of view of best possible man-
agement of their social projects.
We have included a few examples of projects
that the OCP has been sponsoring,
€23.73 million for the Phosphate Club going
towards culture, leisure, sports clubs, etc.
€27.7 million towards a Mining City
€6.2 million for a kindergarten, elementary
school and secondary school in Laayoune
Worker skills embodied in no less than seven-
ty-seven associations are benefiting from the
capacity-building programme.
77 milliards de dirhams ( 7 milliards d’€ ) son
SOCIETAL PROJECTS
nt consacrés au développement du Sahara.
“We have spent seventy-seven billion Dirhams or €7
billion developing the Sahara. The implementation
ofourdevelopmentmodelfortheSouthernProvinces
demonstrates our commitment to fulfilling our
obligations towards our fellow citizens in these
provinces, helping them to become a model of
integrated development.”
Excerpt from the speech King Mohammed VI delivered to the na-
tion on 6 November 2015November 6, 2015
THE RECOVERY OF THE SAHARAN TERRIT
“I vow to never pay a cent in reparations.
Spain may burn my ports, occupy the cap-
ital, ravage the country; even if I have to
seek refuge in the Atlas Mountains, I will
not betray this oath. My ancestors are from
the Sahara, and I will return there.” Moulay
Hassan I - 1876
“We have made our decision. We will set out
on our peaceful, irreversible Green March in
accordance with our rights. We will march
alongside our friends and brothers, relying
only on our firm determination and unwa-
vering faith.” Hassan II, October 16, 1975,
Agadir
The legacy of decolonization is still affecting Africa’s
numerous African states, agreements that were detr
the colonial administrators drew up in accordance w
hurt Morocco. Mohamed VI, March 25th 2006
TORIES: MOROCCO’S AGE-OLD STRUGGLE
“We solemnly proclaim that we will contin-
ue our efforts to reclaim our Sahara, in ac-
cordance with our historical rights and the
wishes of the inhabitants.” - Mohammed V,
February 25, 1958, M’Hamid El Ghizlane
We affirm again, in this coWe affirm, in this
regard, that we will not give up one single
grain of sand from our dear Sahara. That’s
the best way to assure our fidelity to the al-
legence between the throne and the people
,and moreover, to the eternal oath of the glo-
rious Green March
”Mohamed VI, 2006 march 25
geopolitical situation. As was the case for
imental to local populations and borders that
ith a partition approach based on compensation,
1415. The Portuguese capture Ceuta.
1497. The Spanish occupy Melilla.
1860. The Spanish conquer Tétouan.
1864. A decree opens Morocco to foreign trade. Beginning
of European economic penetration (Great Britain, France,
Spain, and Germany starting in 1890).
1881. Start of Spanish presence, trading post opened on the
site of Villa Cisneros (Dakhla).
1884. Berlin Conference, where colonial powers confirmed
their rules for the partitioning of Africa.
1906. The Algeciras Conference (April 6-7) places Morocco
under the authority of the European powers and confers
on Tangier the status of "international city."
1912. The Treaty of Fez (30 March) establishes Morocco as a
French protectorate – Spain gains a zone of influence in
Northern Morocco (Rif) and Southern Morocco (Tarfaya),
through the agreement signed by France and Spain on
November 27.
1953. Sultan Mohammed V is deposed by the French in
August, condemned to exile in Corsica and later
Madagascar, and replaced by his cousin Mohammed Ben
Aarafa. At the instigation of nationalists, the major cities
rise up. In December, the General Assembly of the United
Nations adopts a resolution on Morocco's right to
self-determination.
1955. The Declaration of La Celle-St-Cloud issued on
November 6 grants Morocco its independence and allows
the Sultan to return. Triumphant return of Mohammed V to
Morocco on November 10.
1956.
2 March - Morocco gains independence after the signature
of the French-Moroccan Agreement in Paris, ending
Morocco's status as a protectorate.
In April, Morocco regains the northern area, still under
Spanish control. The city of Tangier is regained in October
(Ifni, Tarfaya, and the Sahara remain under Spanish control).
1958. Western Sahara becomes a "Spanish Province" on
January 10.
1961. Death of King Mohammed V, February 26. Hassan II
ascends to the throne on March 3.
1969. Spain cedes the enclave of Sidi Ifni to Morocco on 30
June.
1973. 10 May - Creation of the Polisario Front ("Popular Front
for the Liberation of Saguia el-Hamra and Río de Oro").
1974. In September, King Hassan II of Morocco brings the
issue of the Sahara before the International Court of Justice
(ICJ) in The Hague: crisis between Algeria and Morocco.
1975.
October 16 - The ICJ gives its Advisory Opinion.
"...In colonizing Western Sahara, Spain did not proceed on
the basis that it was establishing its sovereignty over
terrae nullius... The materials and information presented to
the Court show the existence, at the time of Spanish
colonization, of legal ties of allegiance between the Sultan
of Morocco and some of the tribes living in the territory of
Western Sahara."
October 16 - Backed by the ICJ's Advisory Opinion, His
Majesty Hassan II announces in Agadir that the Green March
will be organized to liberate the Saharan territories.
October 18 - Spain contacts the UN Security Council to
discuss the situation in Western Sahara.
November 3 - After the Security Council adopted two
resolutions (377 and 379) urging "all the parties concerned
and interested to avoid any unilateral or other action which
might further escalate tension in the area," Prince Juan
Carlos travels to Laayoune to affirm that Spain will honor its
commitments and maintain the peace.
FROM COLONIZATION TO THE RECOVERY OOOF MOROCCO'S TERRITORIAL INTEGRITY
November 5.
- King Hassan II's Green March speech
- Khatri Ould Sidi Said El Joummani, President of
the Jemaa, pledges allegiance to King Hassan II in the
Cortes (Spanish Parliament) on behalf of the people of
Western Sahara that he represents.
November 6 - King Hassan II launches the Green March,
a march comprising 350,000 men and women carrying
flags and copies of the Koran. In his words: "Only a
highly organized nation with an authentic civilization
could organize an operation of this magnitude!"
Foreign delegations also took part in the March.
Alongside Moroccan flags were flags from the United
States, Jordan, Gabon, Senegal, Ivory Coast, Sudan,
Qatar, Saudi Arabia, and the United Arab Emirates.
November 9 - Hassan II ends the Green March after
Spain promises to open negotiations to cede the
Saharan territories.
November 14 - The Madrid Accords prompt Spain to cede
the Saharan territories and to commit to withdrawing
before February 28, 1976.
November 18 - The Cortes (Spanish Parliament) adopts a
bill authorizing the Spanish government to decolonize
the Sahara.
PHOTO MARCHE VERTE, 6 NOVEMBRE 1975
February 27, 1976 - Moroccan flag is raised over Laayoune.
Spain's definitive departure.
LAÂYOUNE BEFORE 1975 LAÂYOUNE AFTER
aRaRaaRaRaRaRaRaRaRaRaRaRaRaRRaRaaRaRaaRaRaRaaaRaRaRaaaaaRaRaaaRaaaaRaRaRRaRaRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp rrrrrrrrorororororrrrrrrrrrrorrrrrrrrorrrrrrrrrrrorrrrrrrrrrrrrrrrrrrrorrrrrro tttttttttttttttttttttttttttttttttttttttttttttttttttttt 020202020202020200020002020200000202000202002020020202020020020202002002020200202020202000202022222222222222222222222222222222222222222222222 6616616666666666161661666666666666166661 -- BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBEFEFEF RORORROROROROROROOOROROROROROROORORORRORORORRRORRRORRRRORORRORORRRRRRRORRRORROROOOOOOOOOOOOOOOOOOOOOOOOOOO EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE --- AFAFAFAFAFFFAFFFAFAFAFFFAFAFAFFFFAFAFAFAFAFAFAFAFFFAFAFFAFAFAFAFFAFFAFAFFFFAFAFAFFFFFAFAFAFFFFFFFAFAFFAFFFFFAAAAAAAAAAAAAAAAAAAAAAAAAAA EEEEETEEETEETEETEEETETEETETEEEETEETEEETEEETETETETEEEETEEEEEEEEETTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT R.R.R.R.R.R..RR..R....R....R.R.R.R.R.R.R.RR..R.R.R.R.RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR pddpddpdpdpdpdpdpdpdpdpdddpddpddpddpddpddpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdddpdpdpdpdppdpdpddpdpdpdpdppdpdpdpddpdpdpddpdpddpdpdpppddddddpddddpddddpdpdpdpddpdpdpddppppppppppppppppppppppppppppppppppppppppppppppppppp f ffffffffffff ffffffff ff ffff fff ffffffffffffffffffffffffffffffffffffffffffffff
Is it not time for reconciliation? Why not use
the historic agreement reached in Colombia
with the Revolutionary Armed Forces of
Colombia known as the FARC under much the
same historical conditions as the Polisario
Front, as a model for Africa? Africa is another
continent that conflicts resulting from
colonialism have weakened. Africa’s citizens
deserve better than systematic exploitation
of colonialisation’s leftovers.
In 1976, El-Ouali Mustapha Sayed, co-founder
ofthePolisarioFront,declaredthat,“Tribalism
is a land mine under the feet of the Sahrawi
people that could explode at any moment.”
El Ouali Moustapha Sayed, Premier dirigeant du front
Polisario
Morocco will also resist the hostile campaigns waged against
and commitment that it has demonstrated in political and sec
values. Those who want to boycott these products in violation
the consequences of their decisions. Morocco has the right to
to take advantage of the investment opportunities that the re
Excerpt from the speech given by King Mohammed VI, 6th
nove
Since the recovery of our Sahara and in
a spirit of solidarity between its regions
and the children of the United Homeland,
Morocco has invested seven Dirhams for
he region.every Dirham of revenue from th
yal Speech delivered atExcerpt from the Roya
e on 7 November 2014Laayoune
Moroccan economic products with the same sense of sacrifice
curity matters when it comes to defending its unity and sacred
of international law are free to do so. However, they must face
open the door to partner states and global companies in order
gion will offer as a result of upcoming major projects.
mber 2015.
Cour Internationale de Justice, le 16 octobre 1975
"The materials and information
presented to the Court show the
existence – at the time of Spanish
colonization – of legal ties of
allegiance between the Sultan of
Morocco and some of the tribes living
in the territory of Western Sahara.
They also show the existence of
rights, including some territorial
rights, that constituted legal ties
between the Mauritanian entity, as
understood by the Court, and the
territory of Western Sahara."

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The Response of Morocco and Western Sahara community to Erik Hagen (WSRW) & algeria-sponsored friends

  • 1. FOR PROSPERITY 2017 RAPPORT EUROMED-CDC - 2017 Euromed-CDC Contact: info@euromed-cdc.org P Phosphate in support of human development and regional prosperity.
  • 2. Phosphates : a Strategic Issu PUBLISHED: January 2017 UNDER THE DIRECTION OF LATIFA AÏT BAALA RÉDACTION: Latifa Aït Baala Frédéric Truillet Géraldine Van Leeuw Claude Vandermeuler Tazo Tania Muller Ham Mandoza Pietroski Hassan El Bouharrouti Samantha Antonio Pedro HOME PAGE: The longest conveyor in the world transports phosphate from the mines in Bou Craa to the port of El-Aaiún This report may be used freely, in print or online format. For comments or questions about this report, please contact info@euromed-cdc.org. ue for the World’s Population Phosphorus – for which the chemical symbol is P – is the staff of life and essential for feeding the world’s population. The reason is that farmers use phosphates as fertilizer. Given the world’s ever-expanding population, worldwide agriculture and secure food supplies depend entirely on the phosphates used to manufacture chemical fertilizers. Global population growth and the need to optimize use of arable land make phosphates a strategically critical asset. A shortage of phosphates could lead to widespread famine. Morocco is the world leader in the phosphate and phosphate derivatives market. The country owns 75% of the world’s known reserves. Moroccan phosphates are known for their exceptionally high phosphorous content. China and Morocco account for two-thirds of global production. Morocco is the number two producer of phosphates in the world, behind China, and the number one exporter of rock phosphates and phosphoric acid. OCP exports to every continent, shipping to around forty countries worldwide. In short Morocco is one of the largest fertilizer producers in the world. Morocco has four deposits of phosphates. The Khouribga deposit is home to the largest open-pit phosphate mine in the world. Contrary to the allegations of WSRW the Phousboucraa site, located eighty kilometres from Laayoune, accounts for only 1.7 percent of Morocco’s proven reserves – USGS. So why are these lobbyists trying to render illegitimate Morocco’s phosphate operations in the Southern Provinces? Natural resources have always been cause for envy and phosphates are no exception to the rule. Given that the demand for and use of phosphates will continue to grow and some specialists predict that fertilizer prices will skyrocket by five hundred to one thousand percent in the next twenty to thirty years, we can begin to understand the motivation of these lobbyists and their sponsors. In 2015 a dozen companies, more particularly from Canada, New Zealand and Venezuela, imported phosphates from the Southern Provinces. According to OCP’s annual report, 1.41 million metric tons were exported in 2015 at an estimated value of 167.8 million US dollars. Two companies stand out here. They alone account for 64.5 percent of phosphate sales for the whole year. These two Canadian companies are Agrium Inc. and Potash Corporation. This report aims to investigate how phosphate resources are used to benefit the population. Unfortunately, the politicization of exploiting natural resources on the part of Morocco’s opponents, is detrimental to local populations. This report draws an overview of how the phosphate’s resources are exploited to the advantage of the population. Unfortunately, the politization of those exploitations by Marocco’s opponents has a bad effect and penalizes the local people.
  • 3. A humanitarian drama on Europe’s doorstep For over forty years, the Sahrawi people living in camps in Tindouf, Algeria, have been held hostage to a conflict that is much bigger than them. For too many years these people, who fled the violence during the period of Spanish colonization hhave bebeenen uusesedd asas aa wweaeapoponn anandd babargrgaiaininingng cchihipp to jjustifyy a number fof ddememanandsds. ThThee rerefufugegeee sisitutuatatioionn isis eexpxploloititeded ttoo obtain international humanitarian aid. However despite ththee fafactct tthahat a census is a statutory obligation for Algeria, the responsible office off hthe UUnitit ded NN tatioionsns has never been able to perform a census of the r fefugee pop lulatatioionn whwhicichh isis wwhahatt wowoululdd bebe nneeeedededd toto determine hthe amou tnt off ininteternrnatatioionanall aiaidd, WhWhWhilililee eieieighghghtytyty pppererercececentntnt ooofff thththeee SaSaSahrhrhrawawawiii popopopupupulalalatititionon llive in Western Sahara, Sahrawi refugees in camps in anandd ararouound Tindouf live in one of the driest deserts in the world. Their living co dndiitiions are e txttreremememelylyly difficult and often inhumane, as the Australian journalili tst, ViViololetetaa AyAyalalaa, ffroromm ReRepoportrtererss WiWiththououtt BoBordrdererss has reve lal ded. “WWee ororigigininalallyly wwenentt ththereree toto wworo k on the pproblem of separated families. But during our stay we witness ded scenes that were naked slavery.” Baba Sayed, brother of the founder of the Polisario Front agrees wholeheartedly. On the ARSO website he remarked, What is a refugee? “owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, unwilling to return to it.”fills the bill . Article 1, the 1951 Convention Relating To The Status of Refugees and its 1967 Protocol. The Convention imposes obligations on the states party to the agreements. However, Algeria does not uphold its statutory obligations. Algeria has always refused to allow a census of the refu gee populations. Algeria has said the census depends “on a comprehensive political resolution of the Saharan problem” on Algeria’s own terms, namely, the granting of independence to the Sahara. Such an attitude clearly demonstrates the extent of Algeria’s claimed neutrality in this matter.This attitude is nonsensical and entirely contrary to the United Nations mission. Indeed, “The work of the High Commissioner shall be of an entirely non-political character; it shall be humanitarian andsocial and shall relate, as a rule, to groups and categories of refugees.” Article 2 of the Statute of the of the United Nations High Commissioner for Refugees. WHAT EXACTLY IS A REFUGEE? ANY PERSON WHO, Estimates of the Sahrawi population in the Tindouf camps according to various authorities On 14 December 1975 and according to the International Federation of the Red Cross, 20,000 On 21 December 1975 and according to the United Nations, 10,000 to 12,000 On 8 March 1976, according to a letter from the Algerian Minister of foreign affairs sent to the United Nations, 15,000. On 22 November 1976 and according to the Algerian authorities 50,000 On 22 November 1976 and according to the Algerian authorities from 165,000 to 200,000 In 2004 and according to Algeria 90,000 Unable to perform a census as everyone was and in the wake of various investigations, international and European institutions, such as WFP, UNHCR and ECHO, agreed to reduce the figures Algeria and the Polisario front had submitted to them while recognizing that the final figure was still high, particularly given the large number of persons who had returned to Morocco. IN THE ABSENCE OF A CENSUS, A WAR OF NUMBERS In its resolutions involving refugees, the General Assembly of the United Nations states unequivocally, “The General Assembly recognizes the importance of early establishment of effective registration systems and censuses in order to ensure protection, while quantifying and assessing food provision and humanitarian assistance needs and implementing appropriate lasting solutions.” “The issue of the census was first brought up in Rabat and I raised this question in Tindouf and Algiers, where local authorities told me that the UNHCR is satisfied with the figures provided by the host country with regard to the number of refugees. This makes it possible to establish the amount of humanitarian aid. To go further than that would entail unjustified politicization.” Christopher Ross, the Secretary General’s Per- sonal Envoy for West- ern Sahara at a press conference in New York, on 28 November 2012 stated,
  • 4. In addition to international and European institutions, numerous states, non-governmental organisations and movements in support of the Sahrawi people grant staggering amounts of aid that never makes it to the people for whom it is intended. Unfortunately, these people continue to live in extremely difficult conditions. According to the Norwegian Support Committee for Western Sahara, http://www.vest-sahara.no/a82x391, Norwegian humanitarian assistance in refugee camps in Algeria currently amounts to several million Norwegian kroner per year, http://www.vest-sahara. no/a50x246. EUCOCO, the European Coordination Conference for Solidarity with the Sahrawi People, brings together representatives from support committees from non- governmental organisations and all the countries in Europe. It defines the types of political and material support to be sent to the Polisario movement http://www.arso.org/R91/refl0591.htm. http://ec.europa.eu/echo/files/aid/countries/ factsheets/algeria_fr.pdf Over the years, the European Union has granted ten million Euros in aid every year. This is a significant amount, yet small compared to the colossal sums granted to the Polisario movement. One needs only to consider the Algerian government’s contribution. Algeria alone has surpassed the aid that the European Union provides. This is increasingly rubbing the Algerian population up the wrong way. In 2016, owing to a lack of transparency in managing humanitarian aid and failure to carry out a census of the refugee population, the European Commission decided to reduce funding to nine million Euros. Since 1993, the European Commission has contributed a total of 222 million Euros in funding. In 2016 the Commission made investments designed to improve the living conditions of Sahrawi refugees. Food aid remains an important component of this funding. More than five million Euros were allocated to the United Nations World Food Program and Oxfam, in order to ensure that these refugees are supplied Colossal amounts of international humanitarian aid with food and in order to manage distribution of food coupons. Water is one of these refugees’ main sources of concern. So the Commission helps ensure that a sufficient supply of safe drinking water is made available to them. There ensued projects designed to connect camps to water sources directly via networks of pipelines and by trucking in water. The UNHCR built two wastewater treatment stations, in order to guarantee a supply of clean drinking water. The Commission also financed supplies of essential medicines and training for local medical personnel through Medico International in order to improve management capacity and reduce the refugees’ consumption of antibiotics. In 2016 the humanitarian aid which the European commission granted enabled the Danish Refugee Council and Triangle Génération Humanitaire to launch subsistence activities. The aim was to improve refugee families’ resilience and to reduce their dependence on humanitarian aid. CROIX-ROUGE-ES SPAIN NGO ALGERIA- ECHO/-NF/BUD/2015/91004 Rehabilitation of water and sanita- tion system and strengthening of protocols for maintenance, cleaning, and promotion of hygiene in Rabou- ni's National Hospital in the Sahrawi refugee camps. Algeria. € 340,000 UNHCR-CH SWITZERLAND UN ALGERIA ECHO/-NF/BUD/2015/91006 Assistance to Sahrawi refugees in camps in Tindouf, Algeria € 1,550,000. OXFAM-BE BELGIUM NGO ALGERIA ECHO/-NF/BUD/2015/91001 Food assistance program for Sah- rawi refugees € 2,600,000. TRIANGLE-FR FRANCE NGO ALGERIA ECHO/-NF/BUD/2015/91005 Assistance to vulnerable Sahrawi refugees living in the camps to the south of Tindouf in Algeria € 950,000 TRIANGLE-FR FRANCE NGO ALGERIA ECHO/DRF/BUD/2015/91021 Emergency response and re- construction for Sahrawi people affected by torrential rain in the camps located in southwestern Algeria - Tindouf Region € 425,000 WFP-IT ITALY UN ALGERIA ECHO/-NF/ BUD/2015/91002 WFP Assistance to Refugees from West- ern Sahara € 3,800,000 MI-DE GERMANY NGO ALGERIA ECHO/- NF/BUD/2015/91003 Facilitation of Capacity Develop- ment measures for personnel at the Saharawi Ministry of Health and provision of drugs and medical con- sumables to the Saharawi refugees in Tindouf camps € 760,000 Humanitarian aid agreements granted by DG Echo in 2015 New contracts signed in 2015 Source, http://ec.europa.eu/echo/files/funding/agreements/agreements_2015.pdf THIS AMOUNTS TO A TOTAL OF €10,425,000 GRANTED TO NON-GOVERNMENTAL ORGANISATIONS THAT HAVE ADOPTED A POLITICAL STANCE WHEN THEY WERE SUPPOSED TO BE CONDUCTING HUMANITARIAN WORK.
  • 5. UNHCR Inspector General’s Office, Inquiry Report INQ/04/005, Geneva, 12 May 2005 Reliable sources relate that diversion of humanitarian aid started in the port of Oran and also in the camps. Goods that came into the wrong hands turn up on markets, particularly those of Algeria and Mauritania. The parties responsible for diverting humanitarian aid were from Algeria, the Polisario Front, the Algerian Red Crescent and the Sahrawi Red Crescent. The UNHCR has flagged potential errors in population censuses, as in 2003 when the American Red Cross reported 80,000 refugees. In 2004 the Red Cross revised its estimate to 165,000 - paragraph 27. The estimate is absurd. This is particularly true, since at the time refugees were fleeing the camps. In addition to this, the UNHCR expressed concern about population censuses based on multiple declarations as well as declarations made by one single official, as when 19,984 people reported 106,213 individuals as family members, but with no means of backing up the figures. The UNHCR regretfully noted that the WFP “The most striking aspect of this inquiry is that many of the issues, such as irregular refugee numbers, no registration, inexistent CRA accountability, lack of monitoring had already appeared in 1977 but notwithstanding, the same issues persist”. Paragraph 63. Investigation report for WFP inspection, World Food Program – OSDI/592/05, 2005. The board of inspectors recorded similar issues which came up in the UNHCR’s report. The WFP highlighted some problematical questions about how to handle the census of a given refugee population, donors’ unclear statements, insufficient auditing and accountancy, amounts not reaching the level of those provided by humanitarian aid, disrupted delivery of humanitarian aid and so forth. OLAF Report, European Anti-Fraud Office, OF 2003/521 In October 2003, DG ECHO related to OLAF its suspicions that there was misappropriation of huge amounts of funds destined to aid refugee camps. OLAF set about investigating the matter on two fronts. They would first have to determine the exact number of refugees, then establish proof of fund misappropriation by members of the Polisario Front and within Algeria. In its conclusions, OLAF indicated that the initiative had “made it possible to establish a reliable figure for refugees in need of assistance, which the Algerian government and Polisario Front had made impossible until now, despite the UNHCR’s repeated attempts to organize a census of the population.” As this figure was well below that given by Algeria and the Polisario Front, it therefore follows that “The Commission has overpaid ever since assistance first began.” Moreover, the investigation made it possible to reasonably conclude that “a significant proportion of the humanitarian aid, funded in part by the European Commission, has been diverted. One of the reasons that made diversion possible is that the number of refugees has been overestimated.” Massive misappropriati There have been numerous reports about large-scale misappropriation of humanitarian aid. There ensued a scandal when independent reports by WFP, OLAF, the UNHCR, and the Red Cross revealed that mass misappropriation had been going on for decades Vue générale des Cam A European Parliament resolution of April 29, 2015 observes that refugee numbers form an integral part of decisions regarding the discharge of execution of the general budget of the European Union for the financial year 2013, Section III – Commission and executive agencies (2014/2075(DEC)), section on “Possible embezzlement of European Union humanitarian and development aid funds”. “OLAF drafted a report on the humanitarian aid granted to the Sahrawi refugee camp of Tindouf in Algeria – OF 2003/526 . The organisation called on the Commission to clarify the measures taken in response to the findings of that report and notes that, according to a UNHCR inquiry report, INQ/04/2005, non-registration of a refugee population for such a prolonged period constitutes an abnormal and unique situation in the UNHCR’s history. The organisation urged the Commission to ensure that the Algerian or Sahrawi individuals incriminated in the OLAF report no longer have access to aid funded by Union taxpayers. It further calls on the Commission to re-evaluate and adapt Union aid to the actual needs of the population concerned while ensuring that the interests and needs of the refugees are not harmed since they are the parties most vulnerable to any possible irregularity.” on of humanitarian aid In July 2016, Christos Stylianides, European Commissioner for Humanitarian Aid and Crisis Management, announced that aid would be reduced to adequately meet refugees’ needs. In 2015 numerous EU funded projects were implemented in the camps in order to cover Sahrawi refugees’ basic needs together with decent living conditions. Christos Stylianides added that “in the surrounding area and in the Sahel countries, millions of people still do not live in accordance with minimum humanitarian standards.” mps de Tindouf eGeGeGeGeGeeeeeeeGeGeeeeGeeeGeGeeeeeeeeeeeeeeeGeGeeeGeGeeGeeeGeGeGeGeeeeGGeeeGeGeGeeeGeeGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG eneeeeneneneeeeeneneeneeneneeeneeneneneneneeeneneeenennnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn raararararararararaarararararaararararaaaraaaaaararrrrrrrrrrrr lllllllllllllllllllllllll viviviiiiviviviiviiiviivivivvvvvvvvvvvvvvvvvvvv ewwwwwwwwwewwwewewewewwwwwewwwewwwewwwwewwwewwwwewewewewwewewweeeeeeeeeeee oooooooooooooooooooooffffffffffffffffffffffffffffffff TiTiTiTiTiTiTiTiTiiTiTiiTiiiTiiiiiiTiTiTiiTiTTTTTTTTTTTTT ndndddndndndndndndndndddndddndnnn ououuouuuuouououououououououououuuououuuoooooooooooo fffffffffffffffffff acaacacacacaaacacacacacaacacaaaaaaaacacac mpmpmpmpmpmppmpmpmpmppmpmpmpmpmpmpmpmpmpmppmppmpppmpmpmpmmmmmmmmmmmmmmmmmmmmmmmmmmm ssssssssssssssssssssssssssssss
  • 6. An enormous investment prog with MAD14.264 billion (USD1. MAROC BOU CRAA LAÂYOUNE History of the Bou Craa mine A company with lasting roots in the community 1947 - phosphate reserves discovered in the region colonized by Spain subsequent to Morocco’s other reserves. The Spanish geologist Don Manuel Alia discovered these reserves in Bou Craa. July 1962 - the Empresa Nacional Minera del Sahara or National Mining Company of the Sahara, was founded to operate mines held by the Spanish state-owned company INI or Instituto Nacional de Industria i.e. the National Institute of Industry. May 1968 - the company was renamed Fosfatos de Bucraa S.A., also known as Fosbucraa or Phosboucrâa. 1972 - the Spanish began exploiting the mines. They employed many Spaniards in the mines and only four percent of locals, dating from Spanish colonial times. 18 November 1975 - After signing the Madrid Accords, the Cortes (Spanish Parliament) adopts a bill authorizing the Spanish Government to decolonize and cede these territories. 1976 - OCP bought up sixty five percent of Phosboucraâ shares from the INI and launched a joint mining operations venture.. 1976 - 1982 - complete shutdown of the mines. 1982-2008 - renovation programmes, notably large scale investments. 2002 - OCP acquired Spain’s remaining thirty five percent Phosboucraâ shares. Phosboucraâ had experienced financial losses since its foundation. In 2008 growth resumed after several years of financial losses. 2016 - Phosboucrâa had become a well managed OCP subsidiary with sound financial standing, since its turnaround in 2008. In 2015, OCP’s turnover was 47.747 billion Moroccan Dirhams, equivalent to 4.75 billion US dollars, versus 41.436 billion Moroccan Dirhams, equivalent to 4.13 billion US dollars in 2014. Phosboucrâa accounted for about 7.5 percent of OCP’s total revenues. An enormous investment programme proceeded as planned, with 14.264 billion Moroccan Dirhams, equivalent to 1.418 billion US dollars released in 2015. PHOSPHATE MININ ram is proceeding as planned, .418 billion) released in 2015. NG IN THE SAHARA
  • 7. ±1,7% Laayoune Boucraa G Ca Jorf Lasf Safi Convoyeurs Co Phosphate mining goes on a single site in Bou Craa. The company which does the mining is Phosboucraa S.A. It lies eighty kilometres East of the city of Laayoune. This site accounts for about 1.7 percent of Morocco’s national phosphate re- serves. Source: United States Geological Survey (USGS) STATUS OF PHOSPHATE RESER an estimated 1.1 billion square metres of geological phosphate resources. Phosboucraa extracts between 2.5 and 3.0 million square metres of these resources per year, approximately 0.3 percent of phosphates “underground”. region contains the equivalent of approximately three hundred years of recoverable phosphate reserves. 18% 37% 43% Meskala Gantour Khouribga Axe intégré Khouribga - Jorf Lasfar Axe intégré Gandour - Safi Axe intégré Phosboucraa - Laayoune Unités de production Sites miniers ports phosphatiers Pipeline Convoyeurs % roches de phosphates asablanca far % onvoyeurs Morocco holds seventy three percent of the world’s known phosphate reserves, and the mine in Bou Craa represents only 1.7 percent of Morocco’s national phosphate reserves. Morocco has a phosphate mining capacity of thirty three million metric tons. In 2015, the country extracted 30.3 million metric tons and in 2014, 27.4 million metric tons. In2015,30.3millionmetric tons were extracted. In 2014, 27.4 million metric tons were extracted. Source: OCP annual report – 2015 RVES
  • 8. LEGAL EXPLOITATION OF NATURAL RESOURCES The so-called “Western Sahara” is a disputed territory. As such it is a bone of contention with the Polisario Front and Algeria. It is on the United Nations list of non-self-governing territories under Moroccan administration. Administration of these territories is subject to the Charter of the United Nations. More specifically: More specifically, it is Phosphates de Boucraa S.A. who manage the Bou Craa mine. Phosboucraa is a wholly-owned subsidiary of OCP Group. Its main activities include the extraction, enrichment, transport, and marketing of phosphate ore from the mine in Bou Craa. The Bou Craa mine’s annual production capacity is approximately 3 million metric tons. This represents just 1.7% of Morocco’s phosphate reserves. OCP employs 23,000 people. With nearly 2,300 employees, Phosboucrâa is the largest employer in the region. Today, 80% of employees are recruited locally, up from just 4% in 1977. The OCP Foundation and the Phosboucrâa Foundation were also created to advance OCP Group’s social and societal commitments. Their main missions are to promote education and training, improve youth employability, promote and strengthen entrepreneurship, reduce poverty, promote socio-economic development, increase access to healthcare, promote socio- cultural activities and heritage conservation and support food security programmes. In February 2016, the OCP Group announced through its subsidiary Phosboucraa and the Phosboucraa Foundation, that a large-scale development project would be launched, namely, the Foum El Oued Technology Cluster at Laayoune. It will be home to Mohammed VI Polytechnic University – Laayoune, which will be geared towards research, innovation, and training in the scientific and technical fields. It will include clusters dedicated to youth skills development and to the promotion of entrepreneurship, as well as an Industrial Skills Centre for training related to the phosphates industry. This will help OCP Group and its subsidiary Phosboucrâa deploy their industrial strategy, while at the same time strengthening the local and regional economies. The Foum El Oued Technology Cluster at Laayoune will be built in two phases under a two billion investment that in US dollars would be 199 million. The project is scheduled for completion by 2022. This means that Phosboucrâa is a major contributor to the economic viability and well being of the region’s inhabitants. Legality of Phosboucrâa’s Activities Palacio y Asociados came up with a Legal Opinion on the Western Sahara, dated 29 July 2015. Its full title in English is, “The Legality of Phosboucraa Corporation’s Phosphate Resource Development in the Western Sahara». The platform for the legal opinion was the so-called Phosboucrâa report that KPMG came up with on 25 July 2015. We reproduce it below, «We conclude that the activities of Phosboucrâa in the Western Sahara comply with international legal standards which the United Nations established when drawing up its Charter and the resolutions of the General Assembly» on Page 21. Skills Center Laâyoune Primary School Laâyoune PPrrPrPrPrPrPrPrrrPrPrPrPrPrPrrPrrrPrrPrPrPrPrPrrPrPPPPPPP iimimimimimmmmmimimimmmimmmmmmmmmmmimmimimmmimmmmimmmmmiiii ararararararararrararararaaaaaaaaaaaaaaaa yyyyyyyyyyyyyyyyyyyyyy ClClClClClClClClClClClClClClClClCCCCC assasasasasasasasassasassasasssssssssssssssssssssss LaLaLaaLaLaLaLaLaLaLaLaLaaaaLaLaLaLaLL âyâyâyâyâyâyâyâyâyâyyâyâyâyâyyâyâyâyâyâyyouuououououououououuouououuuouo nenenenenenenenenenenenenenenn Foot Stadium Al Massira Laâyoune Interactive Training Center Laâyoune
  • 9. THE INTERNATIONAL PRINCIPLES GOVERNING ACTIVITIES RELATING TO MINERAL RESOURCES IN THE SO-CALLED NON-SELF-GOVERNING TERRITORIES NATURAL RESOURCES AN Article 73, Charter of the United Nations, runs as follows, “Members of the United Nations which have or are assuming responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government, recognize the principle that the interests of the inhabitants of these territories are paramount. Theyacceptasasacredtrusttheobligationtopromotetotheutmost,withinthesystemofinternational peace and security established under the present Charter, the well-being of the inhabitants of these The Corell Opinion of 12 February 2002 “WhilethespecificcontractswhicharethesubjectoftheSecurityCouncil’srequestarenotinthemselves illegal, under Article 73 of the Charter of the United Nations, prospecting and mining activities must respect the principle of primacy for the interests of the population.” This opinion serves as a precedent for international and European bodies. It was referred to in the judgment of the European General Court delivered on 10 December 2015, in the case opposing the Polisario Front to the Council of the European Union, as well as in the opinion of the Advocate General of the Court of Justice on 13 September 2016, following the appeal brought by the Council of the European Union to dismiss the Polisario Front’s claims. On appeal, the European Court of Justice confirmed this dismissal in its judgment delivered on 21 December 2016. ND INTERNATIONAL LAW On 21 December 2016, the European Court of Justice in its Grand Chamber ruled in favour of the trade agreement between the European Union and Morocco. In so doing it followed on the heels of the Council of the European Union’s appeal relating to the judgment which the Eighth Chamber pronounced on 10 December 2015. This was in the wake of a suit brought by Polisario Front annulling the Council’s decision on 8 March to finalize an agreement on the reciprocal easing of trade restrictions on agricultural and fishery-derived products. The Court not only annulled the judgment but also declared the Polisario Front’s suit inadmissible. Furthermore, the Court ordered the Polisario Front to bear its own costs as well as those which the Council of the European Union had incurred. In other words the Court fully granted the Council’s request, putting an end to an episode of Polisario Front manipulation and exploitation of Europe’s legal community for political ends. Despite the Polisario Front’s wilful misinterpretations of this judgment, the European Court of Justice is not responsible for addressing issues that fall under the jurisdiction of United Nations bodies. The European Court of Justice does not accord the Polisario Front any legitimacy whatsoever. The agreement between Morocco and the European Union remains in full force therefore and will continue to have effect. It is in the mutual interest of all the European Union member states that supported the Council’s and Morocco’s approach. EU – Morocco Agreement: the ECJ ends the Polisario Front’s exploitation of the European judiciary for political gain (Case C-104/ 16 P) “The decision of the Council of the European Union on implementation of the Agreement on Agriculture between the European Union and Morocco shall remain in force. Both parties are reviewing the possible implications of the Court’s judgment and will work together on any issue relating to its implementation in the spirit of the privileged partnership between the European Union and Morocco with all the mechanisms set up to this end. Both parties confirm the vital nature of this privileged partnership and will work actively on its implementation in all areas of interest.” OnOn tthehesese ggrorounundsds,, ththee CoCoururtt (G(Grarandnd CChahambmberer)) dedeclclarareses aandnd ddececidideses tthahat:t: 1.1. TheThe EEururopopeaeann CoCoururtt dedecicisisionon ooff DeDececembmberer 110,0, 2201015,5, PPololisisararioio FFrorontnt vv.. CoCoununcicill (T(T-5-51212/1/12,2, EUEU:T:T:2:201015:5:95953)3) iiss ananululleled.d. 2.2. TheThe cclalaimimss ofof tthehe FFrorontnt ppopopululaiairere ppouourr lala llibibérératatioionn dede llaa sasaguguiaia-e-el-l-hahamrmraa etet dduu ririoo dede oororo (P(Pololisisararioio FFrorontnt)) araree didismsmisissesedd asas iinanadmdmisissisiblble.e. 3.3. TheThe FFrorontnt ppopopululaiairere ppouourr lala llibibérératatioionn dede llaa sasaguguiaia-e-el-l-hahamrmraa etet dduu ririoo dede oororo ((PoPolilisasaririoo FrFronont)t) shshalalll papayy ititss owownn cocoststss asas wwelelll asas tthohosese iincncururreredd byby tthehe CCououncncilil ooff ththee EuEuroropepeanan UUninionon..
  • 10. THE LEGALITY OF FOREIGN A In the face of the incessant activity on the part of the pro-Polisario Front lobby designed to dissuade foreign companiesfrominvestingintheSahara by any means it can, companies have decided to opt for total transparency. They will be doing this by providing information about everything they do and anything which confirms the international legality of their actions. All the internationally renowned firms consulted have attested to the legality of everything that is going on intheshapeofinternationalcontracts entered into with foreign companies in the Sahara. ACTIVITIES AND COMPANIES POTASH CORP (Canada)
  • 11. Canada’s AGRIUM Inc. The United States’ KOSMOS ENERGY
  • 12. THE HIDDEN FACE OF THE WESTE ststagagee. Eric Hagen Président WSRW ERN SAHARA CONFLICT AND THE PIERRE GALLAND PRESIDENT OF EUCOCO Sara Eyckmans WSRW Brussels Eric Hagen WSRW Brussels
  • 13. term re-investment for the benefit of phosphates. Sustainable development of phosphate resources at the Bou Craa site requires extremely costly infrastructure. The extraction of Bou Craa phosphate is two and a half times more expensive than at the mines in Northern Morocco. This is due to higher equipment and maintenance costs and a shorter useful life of assets in a region that is characterized by severe weather and geographical constraints. OCP’s continual efforts to operate the mine in sustainable fashion have necessitated substantial investment and operational expenditure of more than two billion US dollars for the period 1976 to 2010. For twenty- seven of the thirty-four years, OCP incurred operating losses. All Phosboucrâa’s revenue is reinvested in maintenance and development of the Bou Craa mine and strengthening regional socio- economic activity. The phosphate seam at the Bou Craa mine is much deeper down which causes operational difficulties and increases production costs. Phosboucrâa is investing in the fu- ture of the Sahara High operating costs; long-term reinvestments for phosphate beneficiation BoBoBoBoooBoBooBooBoooooBoBBBB ucucucucucucucuccccuuuuuuuuu arararararaarararararaar ââââââââââââââââ MiMiMiMiMiMiMiMiMiiMiMMM neneneneneneneneeeeneenn Socioeconomic Benefits Phosboucrâa is the only private employer in the entire Sahara region. Its annual payroll is approximately 85 million US dollars. A total of 2,148 employees of whom 1,200 come from the region, with a clear and growing trend in the direction of local recruitment. In fact, 810 or 78% of the 1,043 new recruits between 2001 and 2011 are from the region. There is a strong commitment to recruiting senior executives locally. In 2003 there was only one local executive in general management but by 2012 the figure had jumped to nineteen. There is considerable investment in skills development, employability and a high quality of life for staff. Provision of benefits to employees and retirees, as well as to members of their families. There is likewise provision for socio-economic benefits for the 1,233 families of Phosboucrâa retirees and beneficiaries. Phosboucraâ’s operations contribute to the development of local entrepreneurship and local job creation. Fifty local companies operate as subcontractors for Phosboucraâ, resulting in a further 450 indirect jobs. There are social benefits for employees and their families, three medical centres, four doctors and eighteen nurses external medical services two million US dollars worth of medical and dental expenses covered annually the best retirement benefits in the region a budget of 57 million US dollars allocated to socio-cultural projects in 2012 a sixty-two hectare residential complex for employees still at work and retirees ongoing construction projects relating to clubs and summer vacation resorts the Institute for Social Advancement and Education which the OCP Group has been sponsoring to the tune of 1.5 million US dollars every year support for access to affordable housing for Phosboucrâa employees 334 plots of land in Laayoune available through Al Omrane scope for acquiring housing elsewhere – including Laayoune – based on employees’ needs
  • 14. INNOVATION AND PRESERVATION OF NATURAL RESOURCES AND THE ENVIRONMENT Finally, Phosboucrâa’s development strategy focuses on innovation and preserving the environment and natural resources. As such, it has launched several industrial platforms that rely on sustainable technologies such as sea water desalination, wind energy and electric co-generation which means zero CO2 emissions. The teaching and research cluster will be focusing on issues involving the development and preservation of the environment and the coast line. These development projects reflect OCP’s commitment to environmental preservation, the rational use of natural resources and stepping up capacity. Foum El Oued Technogy Cluster REAGON OF LAAYPOUNE - BOUJDOUR - SAKIA EL HAMRA A platform for innovation and R&D Partofaresponsibleapproachtodevelopment,thetechnologyclusterproject contributes to this promising region’s social and economic development. In this way, OCP is extending its program of actions and investments aimed at supporting its facilities’ coastal areas and populations. POSITIONING As part of the Southern territorial development program, the Foum El Oued Technology Cluster project will support the economic emergence of the Laayoune region and foster its openness to the world. It will create a sustainable development model aimed at: Optimizing the region’s economic and social development Promoting investment and job creation Providing a platform for innovation and R&D Creating synergy with local, national, and global partners LOCATION The technology cluster is located in the municipality of Foum El Oued, 18 km from Laayoune along the Atlantic coast. It is in close proximity to land, air, and sea travel options: Two-lane highway Proximity to Laayoune’s port and airport – 15 km from the OCP site PROGRAM 126 hectares distributed as follows: R&D and Innovation cluster Academic and Higher Education cluster Modern Culture and Tourism cluster Business Services cluster National Fisheries Technology cluster Residential area Source URL: http://www.ocpgroup.ma/fr/sustainability/green-cities/technopole-foum-el-oued
  • 15. PHOSBOUCRÂA AND ITS FO PROJECTS FOR REGIONAL SOC nearly nineteen billion Dirhams, or €1.7 billion worth of industrial investment and socio-economic development nearly seventeen billion Dirhams to diversifying industrial activities and developing the regional business ecosystem. inninnovation and preservation of the e invi nnnnonooooroo menmenmenmenmenmenenmenmeneeeemmm t at at aaat attttt dnddndnd ataannnnnn ural resources which is the guiding principle of our developmen ssssssst s aaararatratratratr egggggeggegegeeett yyyyyyy Through their subsidiary Phosboucrâa nnnnnnnnan ttttttd td ttd eeeehehehhh PhoPhoPhooPhohohooPho boosbsbsbssssss ucrâa Foundation, OSPP has been launau chingng major projects to promote regional socio-economic developpmenmenmenmenmenmenmenenenmm t fft fft fft ffftttttttt ororrooooo thethethethehehehehehhhh benefit of Morocco’s Southern Provinces. These projects are part of a comprehensive and integrated approooooo hchachchhcacacaaaa aiaiiaiaa medmedmedmmmmmm atatatatata promoting regional socio-economic development. Phosboucrâa is launching the constructionnonnnnononononnnnoooooo offofoffffffofofoffo anannnnnaaaaaaaaa tinttnttinn greggegeeeee ated fertilizer production complex, that will make it possible to diversify its product portfolio. In additionnnn totototototootototootototototttt roproproproprorooproroproproproproprororprprrppp cescesssccccc sinsinsinsinsinnsinsinsinininsinsisisissss g agg nd exporting phosphate rock from Bou Craa, Phosboucrâa will also be producing and exporting phosphoricccccriccricc acacccacccacaccacaa iddididdidididdiddiddddiddiii ndandandandandanddandddandandannnananaaaaa fefeefefefefefffffff rtilizers. To meet the needs of this new platform, construction of a new wharf has also been launched. Adadaaaaaaaa eepteptepteptepteptepteeeed ad ad ad ad aaaddddddd s is is iis iis is is is iiit it it it iit it it iiiiittttt s tsssssssss o the conditions obtaining in the Laayoune basin, the wharf will improve regional logistical capacities. The maximum permissible cost establiblblbllblllbbb ehesheshesheehhhhhhssssssss fffffddd ororrorroroooo thet se industrial development projects is nearly 17 billion Dirhams, distributed as follows, 1.2 billion for investments involving p ososhosssosooooo phahaphaphaaphaphaphahaphahahhphpp teeteeeeeeteeet extextextexexexxexexeeeeeee racracraaraaaaaaaaara tion, 3.1 billion for processing operations, 8.3 billion dedicated to fertilizer pro cccccduc oootiootioooooootiotttt nnnnnn andandandndanddndndddndnddandandandananana 4.4.4.44444 2 bbb2 b2 bbbb2 bbbbb2 b2222 illliii ion dedicated to the new wharf. 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PHOSBOUCRAA FOUNDATION: PROMOTION OF EDUCATION AND ACADEMIC RESEARCH OUNDATION LAUNCH MAJOR CIOECONOMIC DEVELOPMENT
  • 16. OCP’S SOCIAL AND S The OCP Foundation was established to advance OCP’s social and societal commitments. Its mission is to develop and implement community programmes that focus on human development. It works towards promoting education and training, improving youth employability, pro- moting and strengthening entrepreneurship, reducing poverty, promoting socio-economic development, increasing access to health care, promoting socio-cultural activities and heritage conservation and supporting food security pro- grammes. Within this context, the OCP Foundation col- laborates with several institutional partners such as the Ministries of Education, Health, Ag- riculture, etc. as well as numerous national and international non-governmental organisations. OCP has also invested in Skills Centres, counsel- ling centres and training and support centres to combat academic failure and promote social inclusion. These centres also provide support and guidance for associations and cooperatives from the point of view of best possible man- agement of their social projects. We have included a few examples of projects that the OCP has been sponsoring, €23.73 million for the Phosphate Club going towards culture, leisure, sports clubs, etc. €27.7 million towards a Mining City €6.2 million for a kindergarten, elementary school and secondary school in Laayoune Worker skills embodied in no less than seven- ty-seven associations are benefiting from the capacity-building programme. 77 milliards de dirhams ( 7 milliards d’€ ) son SOCIETAL PROJECTS nt consacrés au développement du Sahara. “We have spent seventy-seven billion Dirhams or €7 billion developing the Sahara. The implementation ofourdevelopmentmodelfortheSouthernProvinces demonstrates our commitment to fulfilling our obligations towards our fellow citizens in these provinces, helping them to become a model of integrated development.” Excerpt from the speech King Mohammed VI delivered to the na- tion on 6 November 2015November 6, 2015
  • 17. THE RECOVERY OF THE SAHARAN TERRIT “I vow to never pay a cent in reparations. Spain may burn my ports, occupy the cap- ital, ravage the country; even if I have to seek refuge in the Atlas Mountains, I will not betray this oath. My ancestors are from the Sahara, and I will return there.” Moulay Hassan I - 1876 “We have made our decision. We will set out on our peaceful, irreversible Green March in accordance with our rights. We will march alongside our friends and brothers, relying only on our firm determination and unwa- vering faith.” Hassan II, October 16, 1975, Agadir The legacy of decolonization is still affecting Africa’s numerous African states, agreements that were detr the colonial administrators drew up in accordance w hurt Morocco. Mohamed VI, March 25th 2006 TORIES: MOROCCO’S AGE-OLD STRUGGLE “We solemnly proclaim that we will contin- ue our efforts to reclaim our Sahara, in ac- cordance with our historical rights and the wishes of the inhabitants.” - Mohammed V, February 25, 1958, M’Hamid El Ghizlane We affirm again, in this coWe affirm, in this regard, that we will not give up one single grain of sand from our dear Sahara. That’s the best way to assure our fidelity to the al- legence between the throne and the people ,and moreover, to the eternal oath of the glo- rious Green March ”Mohamed VI, 2006 march 25 geopolitical situation. As was the case for imental to local populations and borders that ith a partition approach based on compensation,
  • 18. 1415. The Portuguese capture Ceuta. 1497. The Spanish occupy Melilla. 1860. The Spanish conquer Tétouan. 1864. A decree opens Morocco to foreign trade. Beginning of European economic penetration (Great Britain, France, Spain, and Germany starting in 1890). 1881. Start of Spanish presence, trading post opened on the site of Villa Cisneros (Dakhla). 1884. Berlin Conference, where colonial powers confirmed their rules for the partitioning of Africa. 1906. The Algeciras Conference (April 6-7) places Morocco under the authority of the European powers and confers on Tangier the status of "international city." 1912. The Treaty of Fez (30 March) establishes Morocco as a French protectorate – Spain gains a zone of influence in Northern Morocco (Rif) and Southern Morocco (Tarfaya), through the agreement signed by France and Spain on November 27. 1953. Sultan Mohammed V is deposed by the French in August, condemned to exile in Corsica and later Madagascar, and replaced by his cousin Mohammed Ben Aarafa. At the instigation of nationalists, the major cities rise up. In December, the General Assembly of the United Nations adopts a resolution on Morocco's right to self-determination. 1955. The Declaration of La Celle-St-Cloud issued on November 6 grants Morocco its independence and allows the Sultan to return. Triumphant return of Mohammed V to Morocco on November 10. 1956. 2 March - Morocco gains independence after the signature of the French-Moroccan Agreement in Paris, ending Morocco's status as a protectorate. In April, Morocco regains the northern area, still under Spanish control. The city of Tangier is regained in October (Ifni, Tarfaya, and the Sahara remain under Spanish control). 1958. Western Sahara becomes a "Spanish Province" on January 10. 1961. Death of King Mohammed V, February 26. Hassan II ascends to the throne on March 3. 1969. Spain cedes the enclave of Sidi Ifni to Morocco on 30 June. 1973. 10 May - Creation of the Polisario Front ("Popular Front for the Liberation of Saguia el-Hamra and Río de Oro"). 1974. In September, King Hassan II of Morocco brings the issue of the Sahara before the International Court of Justice (ICJ) in The Hague: crisis between Algeria and Morocco. 1975. October 16 - The ICJ gives its Advisory Opinion. "...In colonizing Western Sahara, Spain did not proceed on the basis that it was establishing its sovereignty over terrae nullius... The materials and information presented to the Court show the existence, at the time of Spanish colonization, of legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara." October 16 - Backed by the ICJ's Advisory Opinion, His Majesty Hassan II announces in Agadir that the Green March will be organized to liberate the Saharan territories. October 18 - Spain contacts the UN Security Council to discuss the situation in Western Sahara. November 3 - After the Security Council adopted two resolutions (377 and 379) urging "all the parties concerned and interested to avoid any unilateral or other action which might further escalate tension in the area," Prince Juan Carlos travels to Laayoune to affirm that Spain will honor its commitments and maintain the peace. FROM COLONIZATION TO THE RECOVERY OOOF MOROCCO'S TERRITORIAL INTEGRITY November 5. - King Hassan II's Green March speech - Khatri Ould Sidi Said El Joummani, President of the Jemaa, pledges allegiance to King Hassan II in the Cortes (Spanish Parliament) on behalf of the people of Western Sahara that he represents. November 6 - King Hassan II launches the Green March, a march comprising 350,000 men and women carrying flags and copies of the Koran. In his words: "Only a highly organized nation with an authentic civilization could organize an operation of this magnitude!" Foreign delegations also took part in the March. Alongside Moroccan flags were flags from the United States, Jordan, Gabon, Senegal, Ivory Coast, Sudan, Qatar, Saudi Arabia, and the United Arab Emirates. November 9 - Hassan II ends the Green March after Spain promises to open negotiations to cede the Saharan territories. November 14 - The Madrid Accords prompt Spain to cede the Saharan territories and to commit to withdrawing before February 28, 1976. November 18 - The Cortes (Spanish Parliament) adopts a bill authorizing the Spanish government to decolonize the Sahara. PHOTO MARCHE VERTE, 6 NOVEMBRE 1975 February 27, 1976 - Moroccan flag is raised over Laayoune. Spain's definitive departure.
  • 19. LAÂYOUNE BEFORE 1975 LAÂYOUNE AFTER aRaRaaRaRaRaRaRaRaRaRaRaRaRaRRaRaaRaRaaRaRaRaaaRaRaRaaaaaRaRaaaRaaaaRaRaRRaRaRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR ppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp rrrrrrrrorororororrrrrrrrrrrorrrrrrrrorrrrrrrrrrrorrrrrrrrrrrrrrrrrrrrorrrrrro tttttttttttttttttttttttttttttttttttttttttttttttttttttt 020202020202020200020002020200000202000202002020020202020020020202002002020200202020202000202022222222222222222222222222222222222222222222222 6616616666666666161661666666666666166661 -- BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBEFEFEF RORORROROROROROROOOROROROROROROORORORRORORORRRORRRORRRRORORRORORRRRRRRORRRORROROOOOOOOOOOOOOOOOOOOOOOOOOOO EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE --- AFAFAFAFAFFFAFFFAFAFAFFFAFAFAFFFFAFAFAFAFAFAFAFAFFFAFAFFAFAFAFAFFAFFAFAFFFFAFAFAFFFFFAFAFAFFFFFFFAFAFFAFFFFFAAAAAAAAAAAAAAAAAAAAAAAAAAA EEEEETEEETEETEETEEETETEETETEEEETEETEEETEEETETETETEEEETEEEEEEEEETTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT R.R.R.R.R.R..RR..R....R....R.R.R.R.R.R.R.RR..R.R.R.R.RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR pddpddpdpdpdpdpdpdpdpdpdddpddpddpddpddpddpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdpdddpdpdpdpdppdpdpddpdpdpdpdppdpdpdpddpdpdpddpdpddpdpdpppddddddpddddpddddpdpdpdpddpdpdpddppppppppppppppppppppppppppppppppppppppppppppppppppp f ffffffffffff ffffffff ff ffff fff ffffffffffffffffffffffffffffffffffffffffffffff
  • 20. Is it not time for reconciliation? Why not use the historic agreement reached in Colombia with the Revolutionary Armed Forces of Colombia known as the FARC under much the same historical conditions as the Polisario Front, as a model for Africa? Africa is another continent that conflicts resulting from colonialism have weakened. Africa’s citizens deserve better than systematic exploitation of colonialisation’s leftovers. In 1976, El-Ouali Mustapha Sayed, co-founder ofthePolisarioFront,declaredthat,“Tribalism is a land mine under the feet of the Sahrawi people that could explode at any moment.” El Ouali Moustapha Sayed, Premier dirigeant du front Polisario Morocco will also resist the hostile campaigns waged against and commitment that it has demonstrated in political and sec values. Those who want to boycott these products in violation the consequences of their decisions. Morocco has the right to to take advantage of the investment opportunities that the re Excerpt from the speech given by King Mohammed VI, 6th nove Since the recovery of our Sahara and in a spirit of solidarity between its regions and the children of the United Homeland, Morocco has invested seven Dirhams for he region.every Dirham of revenue from th yal Speech delivered atExcerpt from the Roya e on 7 November 2014Laayoune Moroccan economic products with the same sense of sacrifice curity matters when it comes to defending its unity and sacred of international law are free to do so. However, they must face open the door to partner states and global companies in order gion will offer as a result of upcoming major projects. mber 2015.
  • 21. Cour Internationale de Justice, le 16 octobre 1975 "The materials and information presented to the Court show the existence – at the time of Spanish colonization – of legal ties of allegiance between the Sultan of Morocco and some of the tribes living in the territory of Western Sahara. They also show the existence of rights, including some territorial rights, that constituted legal ties between the Mauritanian entity, as understood by the Court, and the territory of Western Sahara."