Recognition of Western Sahara as Moroccan

Rehman Chishti Excerpts

Wednesday 8th May 2024 Westminster Hall

[Rehman Chishti (Gillingham and Rainham) (Con)]

It is a real pleasure to speak in the debate, Ms Vaz, I thank my hon. Friend the Member for Shrewsbury and Atcham (Daniel Kawczynski) for securing it. By way of declaration, I am a former Foreign Office Minister and the Prime Minister’s former envoy on freedom of religion or belief, based in the Foreign Office, and I have a keen interest in foreign affairs. Let me say at the outset that I have never been to Morrocco or that part of the world, and what I will say is based on what I have read.

The subject of the debate is Government policy on the recognition of Western Sahara as Moroccan, and my first question to the Minister is this: when was the Government position on Western Sahara last reviewed? I ask that because it is important to look at different challenges around the world with the latest available information. Therefore, there must be a process to say, “We have reviewed this, and this is the United Kingdom’s position. It is in line with what we said in the foreign policy, defence and security review of 2021.” For transparency purposes, the question then is, how do we make those decisions? What criteria do we take into account?

I am not going to get involved in the political arguments we have heard from Members on both sides. I respect colleagues across the board on the issue of international law, and I resigned from the Government as the envoy on religious freedom or belief over the United Kingdom Internal Market Act 2020 because I did not agree with breeching international law. So I have huge respect—and I am a stickler—for a rules-based system.

The Prime Minister said in the Mansion House speech that the United Kingdom will lead the world and not be led. That means addressing some of the big issues around the world, rather than simply allowing them to be frozen conflicts. We will lead. The United Kingdom and France chair the UN Trusteeship Council, which looks at transitional governance and arrangements around the world, so we have a key role to play in this regard.

For today’s purposes, I have a question for the Minister. Last week, along with the ambassador for Morocco, I attended a seminar on Morocco in Parliament, which was chaired by my right hon. Friend the Member for North Somerset (Sir Liam Fox). Professor Marc Weller, who has been referenced before, gave a presentation on the similarities in the international legal status of Western Sahara and the Falkland Islands. Professor Weller is chair of international law and international constitutional studies at Cambridge University, as well as a former senior mediation expert, and he has advised the United Nations in that regard.

My question for the Minister is this: has he seen the executive summary? It is about six pages long, but I will reference just a couple of points. The first part says:

“This study reviews the similarities and differences in the respective legal positions of Argentina and the UK in relation to the Falkland Islands on the one hand, and Morocco and in relation to the Western Sahara on the other.

More specifically, the study investigates whether UK support for the position of Morocco on the Western Sahara, and in particular, the autonomy settlement proposal put forward by Morocco in 2007, would negatively affect HMGs position vis-a-vis the Falkland Malvinas.

Towards this end, the study investigates the two principal branches of the claims advanced by the sides in both cases. These are underlying territorial claims to sovereignty and claims or arguments based on decolonization and self-determination.

It could be thought that the positions of Argentina and Morocco are quite similar. Both oppose what they claim to be the forcible acquisition of territory by a colonial power—Britain in the one case, and Spain in the other—during the period of high imperialism of the 19^th century. Both seemingly demand restoration of this territory, now that the colonial period has concluded. Hence, it might be thought, supporting the Moroccan position or settlement proposal would automatically undermine the UK arguments concerning the Falkland Islands.

In fact, the positions relative to Western Sahara and the Falklands Islands are significantly different in several key respects. Endorsing the one does not distract from the other. Moreover, and perhaps surprisingly, it emerges that the UK actually shares a number of interests and positions with Morocco.”

There are 32 different paragraphs, but I will go to the final two, because I know that other hon. Members want to speak. Paragraph 31 says:

“While the UK has already achieved full self-governance for the people of the Falkland Islands, Morocco’s autonomy proposal is rapidly gaining broad international acceptance as the means of realizing that prospect for the people of Western Sahara. This is also reflected in the increasing demand of the United Nations Security Council, General Assembly and UN Secretary-General that the sides in the Western Sahara dispute must now engage in a dialogue without preconditions, with a view to concluding a realistic, serious, credible and enduring settlement.”

The final paragraph says:

“Supporting the adoption and implementation of the proposal is very much in line with the position of the UK, which emphasizes the application of self-determination also outside of the traditional colonial context. Much like the Moroccan autonomy proposal, HMG is asserting that full self-government, freely endorsed by the affected people, is the ultimate aim of self- determination in such circumstances.”

The last three lines are:

“This is precisely what Morocco is offering for further discussion to the population of Western Sahara, along with option of a free and fair endorsement of the plan through a referendum among the original, indigenous population of the territory.”

I say to the Minister that that is one thing; the right hon. Member for Islington North (Jeremy Corbyn) has put forward another. Will the Minister put forward the United Kingdom’s position on this matter, so that everyone can see the evidence available? If the Prime Minister’s vision is to be enacted, Ministers must take steps to find solutions and lead, rather than being led, on these events. If the Minister has not read that report by Professor Weller, will he read it and other pieces of evidence and highlight when this matter was last reviewed? If it has not been reviewed for a number of years, it may need to be put on the Foreign Secretary’s desk.

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[Ms Lyn Brown (West Ham) (Lab)]

It is a genuine honour to serve under you as Chair, Ms Vaz. I think it is my first time—if not, it has been a long time. May I thank the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) for bringing forward this debate? We have not had a proper debate in this place on the situation in Western Sahara since 2016, so I am glad that we can rectify that today at least.

I want to start by emphasising the importance of UK partnerships in north-west Africa. The Opposition strongly value our relationships with Morocco, Algeria and Mauritania. My right hon. Friend the Member for Tottenham (Mr Lammy), the shadow Foreign Secretary, was in Morocco only last month, and when I was 18, I spent a wonderful month travelling around that beautiful land. If we are elected, Labour will commit to deepening our relationships across the economic and security spectrum. Sadly, the current Government have deprioritised these relationships, with no UK Foreign Secretary visiting Morocco since William Hague did so over 10 years ago.

The economic potential of the entire region could offer much greater mutual benefits, based on strengthening trade and investment ties, building institutional capacity and developing new partnerships. One example is the prospect of reliable long-term clean power imports. Another is the rare overlap between the potential for green hydrogen production and the potash minerals that are common in the region. In the near future, this could allow for fertilisers to be made with lower carbon emissions, and could provide secure supplies of green hydrogen for export to the UK too. These are areas of huge potential, in which our economic and climate ambitions align.

Sadly, as we have heard, much of this mutually beneficial engagement is frustrated by the continued conflict in Western Sahara, which impacts on hundreds of thousands of lives. As we know, the status of Western Sahara has remained unclear for almost 50 years, and it is more than 30 years since the Security Council resolution that established the promise of a referendum on the permanent future status. As we know, almost no material progress has been made towards that referendum. The people of Western Sahara have been let down, and the damage to peace, development and prosperity across the region is significant.

In 2020, sadly, the ceasefire broke down, resulting in renewed attacks across the line of control. While the violence has mostly remained sporadic and low level, we have to be clear that the damage done by the status quo is real. There have been civilian casualties, including one death and three injuries resulting from a Polisario Front mortar attack on the city of Smara in the Morocco-controlled area last October. There are also reports of human rights abuses in both Morocco-controlled areas and the Polisario-controlled Tindouf camps in Algeria. These include allegations of restrictions on freedom of speech and assembly, arbitrary detention, torture, sexual violence in Morocco-controlled territory, and extrajudicial killings in the Polisario-controlled camps. Sadly, on both sides of the line of control, access for journalists and UN officials is restricted, which makes it all the harder for those abuses to be investigated properly and prevented. What steps are the Government taking to support access to the entire territory of Western Sahara and to the camps for UN human rights monitors?

The impact of continued ambiguity about the status of the territory has dire costs for the people of Western Sahara. About 190,000 people are growing up displaced, sad and angry, mostly in Tindouf.

[Rehman Chishti]

On that specific point, that everything must be done to find a solution to the Western Sahara issue, may I ask a question? In 10 months’ time, if the hon. Lady is not in Opposition, but is sitting on the Government Benches, what would be her Government’s position with regards to finding a permanent solution in Western Sahara? Everyone wants to know this Government’s position is and what that Government would do in that regard?

[Ms Brown]

Should I be in the amazing position of being a Minister in the Foreign, Commonwealth and Development Office, my current brief does not have Western Sahara under its belt, but who knows what the future may bring? We would look at the issue clearly because, as I said, the status quo is damaging—I think it damages British interests, as well as the interests of north Africa.

Generation after generation lives with precious little opportunity, almost entirely dependent on humanitarian aid, and they are understandably angry at how badly they have been let down. We need to recognise the potential for terrorist groups to exploit the situation. The security of Mauritania and Algeria is threatened by the worsening instability and violence that continue to plague the Sahel, and the constant tensions and distrust caused by Western Sahara make it harder for our partners to work together against the increasingly common threat of terrorism and jihadist insurgency. I ask the Minister to update us. Is the Department working towards an updated assessment of the risk of terrorism generated by the situation in Western Sahara?

While the state of limbo continues, people living in Western Sahara are denied opportunities to develop their skills and economic resources that could turn poverty into prosperity, drawing on the region’s vast resources from minerals and fish to renewable energy. As the Minister knows, the potential legality of trade and investment by UK companies raises many questions that cut across the disputed territory. I hope the Minister will be able to set out what work is being done to address such ambiguities.

Given the scale of the risks and the opportunities, the UK should play a stronger role in supporting the return to the ceasefire and progress towards a permanent peace. I fully appreciate the range of views that exists within the House about how that should happen. Our international partners, too, have differing views, and there is not yet consensus on the right way forward. All that makes it more important than ever for us to take our lead from international law and to stand up for multilateralism at a time when it is even more contested and undermined. That is why the Labour party continues to support the UN-led efforts to achieve a lasting and mutually acceptable political solution that provides for the self-determination of the people of Western Sahara.

That is the starting point, but it is not the end, because we all need to recognise that creative solutions and compromises will be necessary to move the dispute forward after many years. Diligent diplomacy by United Nations envoys, including the Secretary-General’s current personal envoy, has generated compromises that have been sadly rejected, often at the last minute, and this senseless conflict has persisted. In that context we need to be wary of those, like Russia and potentially Iran, who look at the continuing insecurity and instability and see opportunities to deepen the chaos and frustrate good-faith diplomacy. We call on our partners to engage constructively in discussions. We need to play our part in supporting creative ideas and building trust between interested parties towards a resolution within international law. I think we can agree across the House that we would like to see that resolution as quickly as possible.

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[David Rutley]

I am grateful to my right hon. Friend for his points, and I recognise his interest and experience in this subject, but as I said, we have a really strong partnership with Morocco. It is built on several pillars, and as I have already highlighted, the fifth iteration of our strategic dialogue in London will happen very shortly. It is a very important partnership to us.

Hon. Members will be aware that the history of Western Sahara is long and complex, tragically marred by instability and conflict. Since 1963, it has been defined by the UN as a non-self-governing territory, without a defined administering power. Resolution of its status, in keeping with the UN Security Council’s commitment, which I will come to shortly, has yet to be achieved. We have long supported efforts to find a solution, including the initiation of a ceasefire brokered in 1991 by the then newly established UN peacekeeping mission for Western Sahara, MINURSO, bringing to an end decades of violent conflict.

As is repeatedly enshrined in the United Nations resolutions, the UN Security Council retains a

“commitment to assist the parties to achieve a just, lasting and mutually acceptable political solution, based on compromise, which will provide for the self-determination of the people of Western Sahara.”

The UK has consistently supported UN efforts to realise this commitment, approving UN Security Council resolutions, renewing MINURSO’s mandate, and supporting the current and previous personal envoys to the Secretary-General. The UK’s position is therefore aligned with our status as a permanent member of the UN Security Council, which informs our desire to see such a solution achieved under the auspices of the UN’s political process. The UK believes that this is the best and probably the only way to secure a long-lasting and just settlement that all sides could accept.

As hon. Members are aware, in 2021, the UN appointed Mr Staffan de Mistura as the UN Secretary-General’s personal envoy to Western Sahara, whose mandate derives from the Security Council’s commitment to Western Sahara. We welcome his recent visits to the region, and indeed, Lord Ahmad met the personal envoy in March to support these UN-led efforts. The UK also supports the work of MINURSO, the UN peacekeeping mission to the Western Sahara, and in particular, its vital and ongoing work on de-mining.

The UK’s position is balanced across several core national and political interests, and based on our political judgment on how best to protect these interests. It is critical that we support the principle of self-determination; we are strongly committed to this principle and the right for people to decide their own future, as enshrined in the UN Security Council resolutions on Western Sahara.

Hon. Members have referred to the Moroccan autonomy plan. The UK has not commented publicly on this plan, but that is not a judgment on its merits or otherwise. I can assure this House, however, that the UK would, of course, warmly welcome any solution that can secure the support of all parties to resolve this dispute.

Other colleagues have mentioned Professor Weller’s legal study and asked whether we have reviewed our position. I can confirm to Members that our position on Western Sahara is constantly reviewed. I have not personally reviewed the study by Professor Weller, but I understand that officials in FCDO are aware of it and will review it in due course. It is in regard to the UK’s position on Western Sahara that officials would examine and consider the report and its analysis.

[Rehman Chishti]

Noting the considerable interest in this matter, the line that the matter is “constantly reviewed” does not say anything. If the Minister does not have the answer to my question now, it would be helpful if he went back to the Foreign Office and put the response in the Library. When was the position reviewed last on the issue of Western Sahara? Will the Foreign Office review that position again after this debate in Parliament and in line with all the evidence submitted, including Professor Weller’s? The position to say that it is constantly reviewed does not answer the point for Members of Parliament.

[David Rutley]

It may not answer it to My hon. Friend’s satisfaction, but I can assure the hon. Gentleman that this position is constantly reviewed. I have also highlighted our stance on other proposals that have been put forward. I am conscious of time, given what I would like to say on—