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Julian O
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The document discusses actions the author would demand of the UN Secretary General regarding Western Sahara. Specifically, the author would demand that the Secretary General: 1) Raise awareness of the neglected situation in Western Sahara and make an end to Morocco's illegal occupation, allowing the Sahrawi people self-determination. 2) Remind EU member states that international law prohibits recognizing or assisting situations created by serious breaches, such as Morocco's occupation. 3) Pressure the EU to stop plans for a new fisheries agreement with Morocco regarding Western Sahara's waters, as this would disregard the Sahrawi people's right to self-determination. Diplomatic ties between the EU and

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IE Master in Management Application By Julian Oschmann
DemandtheSelf-Determinationof WesternSahara If you had the opportunity, what actions would you demand of the United Nations Secretary and why? I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N6 / 2 7 / 1 3 3 A.
THESIS: DEMAND THE UN SECRETARY GENERAL * To Raise awareness of the severely neglected situation in Western Sahara (WS), making an end to an illegal occupation, allowing the Sahrawis1 self-determination * To remind the MEMBER STATES OF THE EU of Article41(UN Articles on State responsibility) that nostateshall recognize as lawfulsituationcreatedbyseriousbreach, nor render aid or assistance in maintaining that situation 1 People of Western Sahara
I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 5 MY MOTIVATION PersonalInvolvement MyValues During my time as an intern at the international law firm Cleary Gottlieb, I was involved in managing a pro-bono case about the EU acquiring illegal fishing rights from Morocco regarding the coast of Western Sahara. We came to the conclusion that: a) Morocco is illegally occupying Western Sahara b) Under international law, the Sahrawis have a right to self-determination The implications of living in a non-democratic country, are constantly visible to me through the daily struggles my Iranian relatives face. However while countries such as Iran receive considerable public attention, the Western Sahara remains a silent issue. I believe that above majority and minority rights stand individual rights. Every Sahrawi has the right to make their own voice count 6 / 2 7 / 1 3
INTRODUCTION I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 6 WesternSahara After Spain relinquished control of Western Sahara in 1975 to Morocco and Mauritania, the country has been in a constant state of unrest. Today, its majority is occupied by Morocco, while a small part is under the control of POLISARIO, a West Saharan political and military organisation. Human rights abuses take place in both territories. Population:500,000Sahrawis GDP/capita(2012):$2500(PPP) 6 / 2 7 / 1 3
A Brief History SpanishRule1884-1975 After the Berlin Conferenceof 1884, Spain seized control of Western Sahara NonSelf-Governing Territory1963 In 1963 the UN listed Western Sahara as a non self-governing territory which under international law grants the nation self- determination MadridAgreement1975 In 1975 Spain signed a triparteagreement giving Morocco and Mauretania control over WS. Subsequent war results in partial Moroccan control PresentDay The EU continues to disregard international law by planning to enter into a new unethical fisheriesagreement with Morocco in 2013 6 / 2 7 / 1 3 I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 7 http://www.brandsoftheworld.com/ logo/sahara-espanol-0?original=1 http://www.ncnk.org/resources/dprk- news/site-images/Un-flag- square.png https://upload.wikimedia.org/ wikipedia/commons/3/34/RASD_- _Commemoration_of_the_30th_inde pendence_day_in_the_Liberated_Ter ritories_%282005%29.jpg http://www.bilaterals.org/spip.php? article19666
Most recently, UN Security Council Resolution 1979 of 2011 reaffirmed Moroccos and POLISARIOS duty to find a solution to the conflict and allow the Sahrawis for self- determination I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 8 WHY IS MOROCCO S OCCUPATION OF W.S. ILLEGAL? SecurityCouncilsHypocrisyLegalAnalysis ≒ WS does not form part of Morocco. Morocco has no claim or legal title to WS. ≒ Morocco has illegally annexed WS and is therefore an occupying power. ≒ Under International law, Morocco has the duty to grant Sahrawis self-determination, i.e. through the creation of a sovereign state. ≒ Resolution 1979 for the first time acknowledged the necessity to improve human rights in WS. ≒ However the Security Council failed to answer South Africa and Nigerias calls to create HR monitoring, leaving it the only current UN mission without a human rights mandate. 7 / 2 / 1 3
CASE STUDY: THE FISHERIES PARTNERSHIP AGREEMENT Illegality UN Resolution 1514 (XV) states that in accordance with their freely expressed will and desire (the citizens of non-independent territories) enjoy complete independence and freedom. Moroccan authorities have stated that the FPA benefits the people of Western Sahara, but the questioned individuals were mostly illegal Moroccan Settlers Additionally POLISARIO say that they have have been no efforts to consult the Sahrawi people2. Morocco is clearly selling off West Saharan fishing rights to the EU for its own profit. The fisheries partnership agreement (FPA) was adopted by the EU in 2006, allowing EU member fishers to operate on the coast of Morocco, including Western Sahara I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 96 / 3 0 / 1 3 2 Presentation by Assiciate Professor Pal Wrange, Stockholm University, Seminar The EU and WesternSahara: trading fish, ignoring rights?, European Parliemant, 7 December 2011
1. 2. 3. HOW DO WE ACHIEVE CHANGE? I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 1 0 Civil movements need a catalyst to spark civil engagement, be it a park in Istanbul or a rise in bus fares in Brazil. 1. Demand the UN Secretary General to pressurise the EU to stop the plans of entering into a new fisheries agreement 2. Diplomatic ties between the EU and Morocco will worsen 3. Public attention will shift to the people suffering under the agreement (i.e. the Sahrawis) thus giving them a chance of self-determination Stepbystep 6 / 2 7 / 1 3
THANK YOU! * PowerpointThemeChalkDust,by83Munkis.LicenseAcquired. * Unlessstatedotherwise,allpicturesarepropertyofJulian Oschmann

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Expressyourself a

  • 1. IE Master in Management Application By Julian Oschmann
  • 2. DemandtheSelf-Determinationof WesternSahara If you had the opportunity, what actions would you demand of the United Nations Secretary and why? I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N6 / 2 7 / 1 3 3 A.
  • 3. THESIS: DEMAND THE UN SECRETARY GENERAL * To Raise awareness of the severely neglected situation in Western Sahara (WS), making an end to an illegal occupation, allowing the Sahrawis1 self-determination * To remind the MEMBER STATES OF THE EU of Article41(UN Articles on State responsibility) that nostateshall recognize as lawfulsituationcreatedbyseriousbreach, nor render aid or assistance in maintaining that situation 1 People of Western Sahara
  • 4. I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 5 MY MOTIVATION PersonalInvolvement MyValues During my time as an intern at the international law firm Cleary Gottlieb, I was involved in managing a pro-bono case about the EU acquiring illegal fishing rights from Morocco regarding the coast of Western Sahara. We came to the conclusion that: a) Morocco is illegally occupying Western Sahara b) Under international law, the Sahrawis have a right to self-determination The implications of living in a non-democratic country, are constantly visible to me through the daily struggles my Iranian relatives face. However while countries such as Iran receive considerable public attention, the Western Sahara remains a silent issue. I believe that above majority and minority rights stand individual rights. Every Sahrawi has the right to make their own voice count 6 / 2 7 / 1 3
  • 5. INTRODUCTION I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 6 WesternSahara After Spain relinquished control of Western Sahara in 1975 to Morocco and Mauritania, the country has been in a constant state of unrest. Today, its majority is occupied by Morocco, while a small part is under the control of POLISARIO, a West Saharan political and military organisation. Human rights abuses take place in both territories. Population:500,000Sahrawis GDP/capita(2012):$2500(PPP) 6 / 2 7 / 1 3
  • 6. A Brief History SpanishRule1884-1975 After the Berlin Conferenceof 1884, Spain seized control of Western Sahara NonSelf-Governing Territory1963 In 1963 the UN listed Western Sahara as a non self-governing territory which under international law grants the nation self- determination MadridAgreement1975 In 1975 Spain signed a triparteagreement giving Morocco and Mauretania control over WS. Subsequent war results in partial Moroccan control PresentDay The EU continues to disregard international law by planning to enter into a new unethical fisheriesagreement with Morocco in 2013 6 / 2 7 / 1 3 I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 7 http://www.brandsoftheworld.com/ logo/sahara-espanol-0?original=1 http://www.ncnk.org/resources/dprk- news/site-images/Un-flag- square.png https://upload.wikimedia.org/ wikipedia/commons/3/34/RASD_- _Commemoration_of_the_30th_inde pendence_day_in_the_Liberated_Ter ritories_%282005%29.jpg http://www.bilaterals.org/spip.php? article19666
  • 7. Most recently, UN Security Council Resolution 1979 of 2011 reaffirmed Moroccos and POLISARIOS duty to find a solution to the conflict and allow the Sahrawis for self- determination I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 8 WHY IS MOROCCO S OCCUPATION OF W.S. ILLEGAL? SecurityCouncilsHypocrisyLegalAnalysis ≒ WS does not form part of Morocco. Morocco has no claim or legal title to WS. ≒ Morocco has illegally annexed WS and is therefore an occupying power. ≒ Under International law, Morocco has the duty to grant Sahrawis self-determination, i.e. through the creation of a sovereign state. ≒ Resolution 1979 for the first time acknowledged the necessity to improve human rights in WS. ≒ However the Security Council failed to answer South Africa and Nigerias calls to create HR monitoring, leaving it the only current UN mission without a human rights mandate. 7 / 2 / 1 3
  • 8. CASE STUDY: THE FISHERIES PARTNERSHIP AGREEMENT Illegality UN Resolution 1514 (XV) states that in accordance with their freely expressed will and desire (the citizens of non-independent territories) enjoy complete independence and freedom. Moroccan authorities have stated that the FPA benefits the people of Western Sahara, but the questioned individuals were mostly illegal Moroccan Settlers Additionally POLISARIO say that they have have been no efforts to consult the Sahrawi people2. Morocco is clearly selling off West Saharan fishing rights to the EU for its own profit. The fisheries partnership agreement (FPA) was adopted by the EU in 2006, allowing EU member fishers to operate on the coast of Morocco, including Western Sahara I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 96 / 3 0 / 1 3 2 Presentation by Assiciate Professor Pal Wrange, Stockholm University, Seminar The EU and WesternSahara: trading fish, ignoring rights?, European Parliemant, 7 December 2011
  • 9. 1. 2. 3. HOW DO WE ACHIEVE CHANGE? I E M A D R I D A P P L I C A T I O N | J U L I A N O S C H M A N N 1 0 Civil movements need a catalyst to spark civil engagement, be it a park in Istanbul or a rise in bus fares in Brazil. 1. Demand the UN Secretary General to pressurise the EU to stop the plans of entering into a new fisheries agreement 2. Diplomatic ties between the EU and Morocco will worsen 3. Public attention will shift to the people suffering under the agreement (i.e. the Sahrawis) thus giving them a chance of self-determination Stepbystep 6 / 2 7 / 1 3
  • 10. THANK YOU! * PowerpointThemeChalkDust,by83Munkis.LicenseAcquired. * Unlessstatedotherwise,allpicturesarepropertyofJulian Oschmann