Continuity Agreement: Kingdom of Morocco

Debate between Lord Mackay of Clashfern and Viscount Waverley

Monday 9th March 2020 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, I would very much like to hear the Minister explain the legal basis on which this matter rests, in view of the issues that have been raised in relation to Western Sahara. The issues raised are quite important, but at the moment I do not see exactly what the answer in which the Foreign Office will be confident is. I am willing to agree that I may be utterly wrong and that the noble Lord may be able to convince us all.

[Viscount Waverley (CB)]

My Lords, the noble Lord, Lord Stevenson, supported by the noble Lord, Lord Davies, made an important general point in his opening remarks. I want to take this opportunity to turn to the subject in hand. My only regret was not following through on a visit when I was in the region, particularly as the opportunity was presented to meet all the parties at the table.

The situation in Western Sahara rumbles on with all its complexities. There are suggestions that Western Sahara is a proxy arena for others. The Sahrawis are living in appalling conditions in Tindouf, with the Polisario Front criminalising any ability to leave the camps in favour of a return to their homeland. Various states are now opening consulates either in or in close proximity to Laâyoune and Dakhla. The UK High Court has implemented the ECJ ruling which recognises the self-determination rights of the Sahrawi people, this following that the EU partnership with Morocco should not include fishery grounds off the coast of Western Sahara. Mauritania has professed neutrality, while Spain’s Foreign Minister, Arancha Gonzáles, has reaffirmed the exclusivity of the UN-led political process. Additionally, the inadvertent words of the then UN SG in March 2016 that Western Sahara was “occupied” were inopportune and may haunt reconciliation, particularly as the issue evokes less emotion for Algerians than Moroccans as Algeria has no claim to Western Sahara.

President Bouteflika was considered too set in his inflexible ways, doing, some suggested, the army’s and deep state’s bidding. There has been hope and indeed expectation in certain quarters that, with the advent of President Tebboune’s quest for a “new Algeria”, change to his country’s foreign policy stance towards Morocco could be afoot. It is interesting to note that the former SG of the National Liberation Front party has recently intimated that the borders be opened, but went surprisingly further by advocating that “Sahara is Moroccan”. This may become relevant in that he might be being primed for high office, given that his coming from the same tribe as the President could have connotations in the preparation of the internal landscape, with a plan of strategy on the chessboard.

Across the way, I have been encouraged by King Mohammed’s indications of reconciliation through dialogue leading to the normalisation and opening of borders. His country rejoining the African Union will certainly have garnered momentum for this. It is to nobody’s benefit that the borders remain closed. Solution can be found when all sides adopt compromise, although attention might be given to the role played by Morocco subsequent to Spain’s withdrawal from the region.

Infrastructure investment, provision of basic services and economic and social development projects, which often go unrecognised, have improved the lot in many quarters.

We are not here to debate the benefits that can stem from tariff exemptions that can come only when Western Sahara’s status is determined. That discussion is in a different context, and so for another day. It is inconceivable that the UK’s position can differ from that of the UN and ECJ ruling. While ongoing aspects remain for consideration, this continuity ratification as presented is necessary.