[Congressional Record (Bound Edition), Volume 158 (2012), Part 11]
[Extensions of Remarks]
[Page 14928]
[From the U.S. Government Publishing Office, www.gpo.gov]




SUMMARY OF RFK CENTER'S TRIP TO MOROCCAN-CONTROLLED WESTERN SAHARA AND 
                    SAHRAWI REFUGEE CAMPS IN ALGERIA

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Friday, September 21, 2012

  Mr. WOLF. Mr. Speaker, I submit for the Record the preliminary 
observations of a Robert F. Kennedy Center Delegation to Moroccan-
controlled Western Sahara and the Sahrawi refugee camps in Algeria. The 
executive summary paints a bleak human rights picture.
  Too often the government of Morocco is held up as a regional model 
for human rights and tolerance. But this report, among others, 
including a September 17 Reuters story which reported that, ``Last 
week, a network of 18 Moroccan human rights organizations said rights 
have declined despite the adoption of a new charter proposed by the 
ruling monarchy last year at the height of street protests,'' once 
again call that reputation into question.

  Robert F. Kennedy Center Delegation to Moroccan-Controlled Western 
  Sahara and Sahrawi Refugee Camps in Algeria--Summary of Preliminary 
                              Observations

       On Friday, August 31, 2012 an international delegation of 
     the Robert F. Kennedy Center for Justice and Human Rights 
     (RFK Center) concluded a visit to evaluate the human rights 
     situation in Moroccan-controlled Western Sahara and the 
     Sahrawi refugee camps near Tindouf, Algeria. The RFK Center 
     delegation met with victims of human rights violations, a 
     broad range of representatives of civil society, 
     representatives of the international community, and 
     government officials. The delegation also noticed that the 
     conflict stalemate has a serious impact on the rights of the 
     Sahrawi population in both Moroccan-controlled Western Sahara 
     and refugee camps.


                   MOROCCAN-CONTROLLED WESTERN SAHARA

       Though the Moroccan Constitution now incorporates advances 
     that include the criminalization of torture, arbitrary 
     detention, and forced disappearances, the delegation observed 
     the need for increased implementation of these changes. In 
     spite of these guarantees, these freedoms are often 
     undermined by the King's authority as the ``guarantor of the 
     independence of the Nation and the territorial integrity.'' 
     In conjunction with article 3 of the Moroccan Law of 
     Associations, these provisions have led to the prohibition of 
     associations of certain groups and individuals such as those 
     Sahrawi advocating for the right to self-determination of 
     Western Sahara.
       Large Police and Military Presence in Capital City of El-
     Ayoun: Most Sahrawi interviewed expressed concern about the 
     uniformed and plain-clothed police and military personnel 
     posted on almost every corner. Sahrawi who were not pro-
     Moroccan reported that they were followed and verbally abused 
     in the streets by police. The RFK Center delegation was under 
     surveillance by security officers for the duration of their 
     time in El-Ayoun.
       Police and State Brutality: Characteristic of the 
     situation, the RFK Center delegation witnessed firsthand a 
     police attack on a peaceful demonstrator. One uniformed 
     police officer and three State agents attacked the woman who 
     subsequently needed medical attention. Moroccan government 
     dismissed the delegation's report of the incident, and 
     instead attempted to discredit it. Two of the State agents 
     involved in the beating (Mohammed Al Hasouni and Mohamed 
     Natichi) were described as human rights violators in reports 
     by other victims interviewed. The delegation heard innumerous 
     reports of non-violent protestors who were detained and 
     tortured for participating in peaceful demonstrations. Other 
     cases included: 1) police brutally beat a mentally disabled 
     man who was involved in demonstrations in 2005, 2008, and 
     2012. 2) The emblematic case of Said Dambar, a 26 year-old 
     man who was shot and killed by a Moroccan police officer 
     after being beaten in 2010. His family still waits for an 
     autopsy, a murder investigation, and to learn the whereabouts 
     of this body.
       Nearly absolute impunity for human rights violations: In 
     spite of the numerous denunciations of cases of torture 
     received by the delegation, the Prosecutor of First Instance 
     in El-Ayoun informed the delegation that, over the past five 
     years, only one state agent was successfully prosecuted for 
     committing an act of torture.
       Violation of the Sahrawi people's rights to freedom of 
     expression, freedom of assembly, and freedom of association:
       The delegation met with representatives of a group of seven 
     people criminally prosecuted under spurious charges for 
     expressing their opinions. The group was arrested and charged 
     with treason upon their arrival in Morocco after criticizing 
     the Moroccan government from Algeria. The group was 
     imprisoned and is now on provisional release, pending a final 
     decision.
       Pro-independence Sahrawi human rights groups are barred 
     from registering and are deemed illegal to register as civil 
     society organizations. Registration is essential for allowing 
     the organizations to effectively advocate in their 
     communities. Notably, The Collective of Saluawi Human Rights 
     Defenders (CODESA), Moroccan Association of Human Rights 
     (AMDH) El-Ayoun Chapter, and the Sahrawi Association of 
     Victims of Grave Human Rights Violations Committed by the 
     Moroccan State El-Ayoun, Western Sahara (ASVDH).
       Assaults, threats, illegal searches, surveillance, and 
     criminal prosecutions by high-level authorities designed to 
     discredit and stigmatize the work of human rights defenders 
     and attorneys who represent victims of human rights abuses 
     (e.g., RFK Human Rights Award laureate Aminatou Haidar).
       Concerns of retaliation against those who met with the RFK 
     Center delegation.


                SAHRAWI REFUGEE CAMPS--THE SAHARA DESERT

       The RFK Center delegation did not observe any restriction 
     on the freedom of movement or association.
       Basic Needs--There are concerns regarding: food ration 
     quality, quantity, and variation; exposure to extreme heat 
     (which can reach 115 degrees); limited electricity; need for 
     permanent housing; and limited sanitation.
       The camps house over 100,000 people and have been in 
     existence for 37 years in harsh physical and psychological 
     situation that put at risk their well-being.


                      PRELIMINARY RECOMMENDATIONS

       1. The Moroccan government should:
       Immediately stop the harassment, violence, persecution, and 
     intimidation of pro-independence Sahrawi people;
       Investigate, prosecute, and punish those involved in past 
     and present human rights violations;
       Immediately suspend government agents under investigation 
     for human rights violations and establish an effective 
     vetting program;
       Ensure effective access to due process and judicial 
     guarantee, without discrimination, and regardless of 
     political positions;
       Release prisoners falsely accused of committing a crime, 
     while exercising their right to freedom of expression and 
     association.
       2. The U.S. government should support the inclusion of a 
     permanent human rights monitoring and reporting mandate to 
     the UN Mission for the Referendum in Western Sahara 
     (MINURSO).
       3. The international community should encourage further 
     negotiations to guarantee the fulfillment of the right to 
     self-determination of the Sahrawi people as established in 
     several UN resolutions and in the decision of the 
     International Court of Justice.

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