Michael D Higgins (Galway West, Labour)
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Question 105: To ask the Minister for Foreign Affairs his views on Ireland's continuing recognition of the Sahara Arab Democratic Republic as the state of the Saharoui persons; when he envisages the United Nations proposal for a referendum to be advanced; the talks or consultations to which he has been party in recent times; his views and those of the European Union in relation to the legality of granting concessionary rights as to fisheries [i]inter alia[/i] on territories that are occupied and form part of the Sahara Arab Democratic Republic; and if he will make a statement on the issue of the refugee situation in the area. [28510/05]

Dermot Ahern (Louth, Fianna Fail)
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Ireland has consistently supported 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 Ireland's term on the UN Security Council. Security Council Resolution 1495 of July 2003 recommended the acceptance by all sides of the Baker II plan. The 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 this period, a referendum would be held, to give residents a choice between independence, integration with Morocco or autonomy under Moroccan sovereignty. The Government believes that these proposals represent the best framework for a negotiated settlement which fully respects the right to self determination of the Saharawi people. Algeria and the Polisario Front have indicated their broad acceptance of the proposals. Morocco continues to reject them. The UN Secretary General has recently appointed a new special representative, Mr. Peter Van Walsum, to continue efforts to secure agreement between the parties. The Government will strongly support Mr. VanWalsum's work.

I met the foreign affairs representative of the Polisario Front, Mr. Mohammed Salek, on 19 September, during my visit to New York for the UN General Assembly. We discussed the situation in the Western Sahara and the prospects for political progress. I particularly welcomed the release by Polisario in August of the remaining Moroccan prisoners held since the end of the war. This week the issue has also been the subject of the annual debate at the Fourth Committee at the UN, dealing with decolonisation issues. Ireland has played an active part in consideration of the issue, and I am pleased that the discussions resulted in a consensus resolution of the committee, which both Morocco and Algeria supported, and which was welcomed in a statement delivered by the EU Presidency.

On the question of recognition, the Government's position remains 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 ongoing UN efforts, which have our full support.

The continuing plight of the Saharawi refugees in camps in the Tindouf area of Algeria remains an issue of considerable concern. In September 2004, Development Co-operation Ireland provided funding of €200,000 to the UNHCR for a programme of measures to assist the Saharawi refugees, including provision of telephone connections with their home communities, and family visits to and from the refugee camps. These measures have continued in 2005.

On the question of fishing rights, I set out the overall principles in some detail in my reply to Question No. 87 of 2 June 2005 from Deputy Broughan. The key issue is that Western Sahara is a non-self-governing territory. 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.

The EU — Morocco fisheries agreement, which was initialled by the European Commission on 28 July 2005, will provide for limited access to Moroccan waters in return for a set payment to Morocco. The provisions on the geographical scope of the agreement are identical to those of the previous agreement with Morocco, which expired in 1999. Article 2 of the agreement states that it applies "to the Moroccan fisheries zone under the sovereignty or jurisdiction of the Kingdom of Morocco". The Commission has stated that this does not prejudice the issue of the status of Western Sahara.