Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

Question 87: To ask the Minister for Foreign Affairs if recognition of the Sahara-Arab Democratic Republic as an independent state is still Government policy; his views on whether it is legal for mining or fishing rights, which were in the jurisdiction of the former Spanish Sahara, to be exploited by others; his further views on whether it is appropriate for EU assistance to be made available for such actions; and if he will make a statement on the matter. [18477/05]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Ireland is a long-standing supporter of the right of the Saharawi people to self-determination. The Government played a prominent role in seeking a solution to the Western Sahara dispute during its term on the UN Security Council. Security Council resolution 1495 of July 2003 recommended the acceptance by all sides of the "Baker II plan". This plan was drawn up by Mr. James Baker during his term as personal envoy of the UN Secretary General. The "Baker II" plan proposes a transitional period of four to five years during which Western Sahara would be self-governing under Moroccan sovereignty. At the end of five years, a referendum would be held giving residents a choice between independence, integration with Morocco or continued autonomy.

The Government believes that these proposals represent the best way forward towards a negotiated settlement of the issue which fully respects the right to self-determination of the Saharawi people. Algeria and the Polisario front have indicated their broad acceptance of these proposals. Morocco continues to reject them. United Nations efforts to secure agreement between the parties, led by the Secretary General's special representative, continue with the strong support of the Government.

The Government's position on recognition is that there is as yet no Saharan state that meets internationally established criteria for recognition. Such a step would in any event prejudge the outcome of the UN efforts, which, as I have noted, the Government strongly supports. As regards the question of mining and fishing rights, the key issue is that Western Sahara is a non-self-governing territory. The principle that the interests of the peoples of non-self-governing territories are paramount, and that their well-being and development is the responsibility of their respective administering powers, is well established in the charter of the United Nations. It is developed further in UN General Assembly resolutions on the question of decolonisation and economic activities in such territories.

In recognising the inalienable rights of the peoples of non-self-governing territories to the natural resources in their territories, the UN General Assembly has consistently condemned the exploitation and plundering of natural resources and any economic activities which are detrimental to the interests of the peoples of these territories and deprive them of their legitimate rights over their natural resources. The UN has, however, recognised the value of economic activities which are undertaken in accordance with the wishes of the peoples of those territories, and their contribution to the development of such territories. Exploration and exploitation activities that proceed in disregard of the interests and wishes of the Saharawi people would be in violation of the international law principles applicable to natural resource activities in non-self-governing territories. It would be inappropriate for EU assistance to be given to actions in violation of international law.