I would like to illustrate my experience as an observer and a defender of human rights in the Western Sahara territory, illegally occupied by Morocco, to the members of the IV Commission for decolonisation.
I am an Italian Appeal Courts judge and, for about two years, I have carried out work in the occupied territories of the Western Sahara as president of the OSSERVATORIO INTERNAZIONALE (www.ossin.org) and as an appointee of the Municipality of Naples.
I have attended various trials against the militants of the peaceful intifada and what I want to testify to today is exclusively the fruit of my direct experience and of what I have seen and heard during these trials and during the numerous conversations I have had with former prisoners, relatives of prisoners and human rights militants
As you well know, a peaceful intifada is in progress in the occupied territories for recognition of the right of self-determination. This battle is kept secret from the Moroccan authorities who have created an actual media embargo concerning what is going on in the occupied territories and who are trying, in this way, to convince the international community that the Sahara problem does not exist.
Instead, a peaceful battle for self-determination is in progress and it involves the great majority of the Saharaoui people and not only the heads of the intifada. You only have to ask any Saharaoui you meet on the street or in a taxi to get the same answer: “I am not a Moroccan, I am a Saharaoui”.
Notwithstanding this, Moroccan repression is brutal and constant. It aims to hide the existence of the Saharaoui battle from the eyes of international community. At the same time, the Moroccan authorities are using force to cancel out the national identity of the Saharaoui people. This repression begins early in the morning when Moroccan schoolteachers oblige Saharaoui children to attend the raising of the Moroccan flag and to sing the national anthem of the occupying nation. Many children have refused to do so and for this reason have been turned away from school.
Repression continues with arrests and trials against the militants of the intifada. These are carried out at a sustained pace and result in even further growth in the Saharaoui’s peaceful battle for human rights. I have attended many trials but they cannot be called fair trials according to international criteria. These trials are carried out solely on the basis of police records and testimony and the defendant isn’t permitted to present witnesses or evidence in his own favour. Often, the defendants declare that the police records of their interrogations are false because they include confessions, which were never made. Sometimes, police records include forged signatures and more frequently they do not include the signature of the defendant at all. The courts have never – as far as I have been able to see – followed up on denouncements of false statements or police torture presented by the defendants.
The sentences passed are very severe if compared to the modest nature of the accusations (which usually are related to participation in public protests, road blocks or resisting arrest etc.). It has been noted, however, that the presence of international observers has a moderating function in the severity of sentences.
The brutality of Moroccan repression is also seen in other forms of intimidation and violent actions. These are carried out not only against militants but also against international observers to chase them away from these territories and to prevent the international community at large to learn about what is really happening there. I, myself, saw the unjustified confiscation of my rented car on grounds that were blatantly false.
Violence against the Saharaoui people is much more serious: the police intervene in a very brutal way to disperse the Saharaoui involved in public protests and this brutality causes numerous injuries. Recently, the woman student Soultana Khaya lost the use of her right eye as a result of a police beating which took place right inside the ambulance, which was taking her to hospital!
I personally saw the marks of police brutality (bruises, fractured bones etc.) on numerous Saharaoui who had been involved in peaceful protests. Injuries from police brutality are also clearly documented in many photos present in numerous websites. I personally witnessed the police use very violent methods against Saharaoui activists including the destruction of everything in their homes. These methods are not justified in any way for reasons of security and, instead, are simply acts of vengeance.
What is even more serious is that this brutal repression by the Moroccan authorities is carried out simply against the request for self-determination by the Saharaoui people while the right of self-determination is upheld in numerous United Nations resolutions. In other words, the Moroccan authorities call a crime what the international community considers to be a right!
This is intolerable and it’s impossible to accept the continuance of these blatant violations of basic human rights and of international law.
The peaceful fight for human rights being carried out by the Saharaoui people is in compliance to the dictates of justice and international law. There is yet another important reason to convince the international community to support this fight: the Sharaoui people have opted for forms of protest which are rigorously pacifist and non-violent and we believe that it’s very important for this type of battle to prove itself to be a wining one in order for it to become a model for other tense situations present in the area.
In conclusion, the United Nations is present in the Western Sahara territories with the MINURSO mission, whose role is to assure the carrying out of a referendum for self-determination. In addition, direct negotiations between the parties are in progress to reach a solution to the conflict. Notwithstanding this, however, the civil and political rights of the Saharaoui people continue to be ignored and their national identity is oppressed and violated in the occupied territories.
We, therefore, repeat our request, already made last year, to expand the role of the MINURSO mission to include the safeguarding of the civil and political rights of the Saharaoui people living in the occupied territories. In our opinion, this is essential and sorely needed for the correct carrying out of negotiations and of the referendum.
New York, 2007-10-09/10
Nicola Quatrano