US embassy cable - 05RABAT2475

C O N F I D E N T I A L RABAT 002475 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/MAG, EUR 
 
C O R R E C T E D COPY - CAPTION ADDED 
 
E.O. 12958: DECL: 06/30/2010 
TAGS: AG, MO, PBTS, PGOV, PHUM, PREL 
SUBJECT: WESTERN SAHARA:  GOM DEFENDS ITS ACTIONS 
 
REF: A. STATE 209648 
     B. RABAT 22312 
     C. RABAT 2407 
     D. RABAT 2425 
     E. RABAT 2363 
     F. RABAT 1052 
Classified By: Ambassador Thomas T. Riley for Reasons 1.4 (b) and (d) 
 
1.  (C) Summary:  During a December 1 meeting with the 
Ambassador, Deputy FM Fassi Fihri defended recent Moroccan 
actions in the Western Sahara, stressing that the GOM was 
responding appropriately to violent acts by demonstrators. 
He fended off any suggestion that demonstrators were rounded 
up merely for expressing their views.  He reaffirmed that an 
investigation was on-going into the death of Hamid Lembarki, 
and appropriate action would be taken against those 
responsible for his death, citing the arrest already of two 
police officers.  He put much of the blame for the current 
unrest in the Sahara squarely at the feet of Algeria and the 
Polisario; they were deliberately inciting the population as 
part of a broader policy of non-cooperation with Morocco 
driven by Morocco's refusal to acknowledge the legitimacy of 
the Baker Plan.  Fassi Fihri said he had seen new Algerian 
Ambassador Larbi Belkheir on several occasions but was 
reserving judgement on whether Belkheir had really come to 
Rabat to engage with the GOM.  He said the GOM welcomed a 
visit to the Sahara by the OHCHR, provided it was not a 
commission of inquiry and provided the delegation also 
stopped in Algiers and Tindouf.  The GOM, he said, would also 
work to reschedule the aborted visit by Nordic countries to 
the Western Sahara, under certain conditions.  Ambassador 
stressed the importance of outside visitors being able to 
make accurate assessments of the situation, even if the 
picture was not perfect.  End Summary. 
 
2.  (C) As instructed Ref A, Ambassador met with Minister 
Delegate for Foreign Affairs Taieb Fassi Fihri on December 1 
to discuss the human rights situation in the Western Sahara. 
(Fassi Fihri's intensive travel schedule did not permit an 
earlier meeting; as a result, DCM raised US concerns with MFA 
Americas Director Tazi and MFA Bilateral Affairs Director 
Amrani in separate meetings.  See Refs B and C).  Ambassador 
was accompanied by Polcouns and Econoff, while Fassi Fihri 
was joined by MFA SecGen Omar Hilali and MFA Director of 
Multilateral Affairs Mohamed Loulichki. Other issues covered 
in the 90-minute meeting were the Free Trade Agreement (Ref 
D), the King's December visit to Japan, and the visit to 
Morocco of Mauritanian President Ould Vall (septels). 
Ambassador noted that a number of events had taken place 
recently focusing attention on human rights in the Western 
Sahara -- the death of Hamdi Lembarki, hearings on Capitol 
Hill, an aborted Nordic diplomatic visit, and potentially an 
upcoming mission from the UN High Commissioner for Human 
Rights -- and there was a sense that things were worse in the 
territory in terms of human rights.  It was difficult to get 
an accurate picture of the situation. 
 
3.  (C) Fassi Fihri said the situation was not as delicate as 
some made it out to be.  Recent events in the Western Sahara 
needed to be seen in a global context.  Algerian President 
Bouteflika had told Spanish FM Moratinos recently and in very 
clear terms that Algeria refused to cooperate with Morocco as 
long as the King refused to recognize the international 
legitimacy of the Baker Plan.  Bouteflika told Moratinos he 
would go to Barcelona (for the ten-year anniversary of the 
Barcelona Process) but, erroneously thinking that King 
Mohammed would be there, "would say nothing to the 
Moroccans."  The Algerian position was pretty clear: 
maintain the status quo.  In the Algerian view, progress in 
Moroccan-Algerian relations was tied to the Baker Plan. 
 
4.  (C) Ambassador noted that he had the chance to greet new 
Algerian Ambassador to Morocco Larbi Belkheir, and he had the 
impression Belkheir wanted to see progress in relations with 
Morocco.  Fassi Fihri said he had met with Belkheir on a few 
occasions since his arrival, and he was hearing that Belkheir 
was planning to stay only for a year.  Ambassador interjected 
that Belkheir perhaps wanted to see what he could do in one 
year.  Fassi Fihri wondered how Belkheir would define 
success; did Algeria plan to open the border with Morocco? 
Normalize relations with Morocco?  Revitalize the Arab 
Maghreb Union?  Those were common ambitions between the two 
countries, and if that's what Belkheir wanted to work toward, 
relations would go forward.  Morocco was willing to separate 
out the Western Sahara from other bilateral issues.  Morocco 
was ready to work with Belkheir.  Speaking on behalf of King 
Mohammed, Fassi Fihri said he had told Belkheir that his 
success in Rabat would be Morocco's success.  But Algeria 
places conditions on dialogue, Fassi Fihri said, by still 
insisting on the Baker Plan.  This approach creates problems. 
5.  (C) Fassi Fihri said there was a second area of concern: 
Algeria's support for a Sahrawi republic.  That "republic" 
now has a "territory" -- the east side of the berm.  This is 
a new development, which Fassi Fihri noted the GOM has raised 
with the US previously as a concern.  The Polisario does not 
refer to this area as "liberated territory;" rather, they 
refer to the west side of the berm as "occupied territory." 
There was a big celebration in Bir Lahlou (in the 
northeastern corner of the Western Sahara) to mark the 
independence of the territory. 
 
GOM Response is Appropriate 
--------------------------- 
 
6.  (C) Fassi Fihri continued that problems arose in the 
Western Sahara in part because of Morocco's own internal 
evolution and promotion of democracy.  The Polisario has 
sought to take advantage of the situation by calling on 
people -- especially women and children -- to agitate.  When 
people resorted to violence, as had happened in the last 
month, there had to be a judicial process in response. 
Throughout the many demonstrations that had occurred in 
recent months, the authorities had intervened only when 
public order was disturbed -- when protesters threw molotov 
cocktails, for example.  The GOM does not routinely put 
demonstrators in prison, Fassi Fihri insisted, but the 
organizers might be detained.  If there is violence, there 
must be a proportionate reaction. 
 
7.  (C) The death of Hamdi Lembarki was under investigation, 
Fassi Fihri said.  The GOM was not hiding those responsible 
for his death.  Frankly it was not always easy to apply the 
law evenly; sometimes it was bad for morale among the police. 
 There were two policemen in detention for the killing of 
Lembarki, and the investigation into the circumstances of his 
death was proceeding.  The GOM was careful about applying the 
law; Morocco could not be a model of democracy in the north 
and a dictatorship in the south.  The situation in the south 
(Western Sahara) was complicated by the Baker Plan, Algeria, 
 
and the Polisario.  The security forces had to act when there 
was violence. 
 
8.  (C) Fassi Fihri turned to leading Sahrawi activist Ali 
Salem Tamek, claiming that in Barcelona recently Tamek had 
called on the Sahrawis to take up arms in the Sahara.  Yet 
Tamek benefitted from full legal protection, not only in the 
north but in the south.  Tamek claimed to be in prison simply 
because he is an activist.  But no, Fassi Fihri said:  Tamek 
is operating in a context of violence.  The GOM does not 
round up hundreds of people -- just the perpetrators.  Tamek 
has lawyers and enjoys the full protection of the law.  Tamek 
has said if there is no referendum, he advocates violence. 
He has said so publicly.  Other Sahrawis were in prison not 
for political activism but for commiting violence; they went 
beyond simply calling for self-determination.  Such actions 
necessitated a reaction from the GOM. 
 
9.  (C) In the last two weeks, Fassi Fihri continued, there 
were aggressive actions by some people who have lived in the 
territory for many years.  When they reacted aggressively, we 
responded in a similar manner.  The GOM respects the rules of 
the game.  We need to react when there is a flag burning.  We 
try to maintain a balance.  If someone is killed, there is an 
investigation and prosecution. 
 
Nordic Visit 
------------ 
 
10.  (C) Turning to the aborted Nordic visit to Laayoune (Ref 
C), Fassi Fihri said he had spoken recently to the Swedish FM 
about the situation.  The FM asked why the GOM authorized 
contacts in the Western Sahara for some diplomats (comment: 
likely referring to the US) but not for the Nordic countries? 
 Fassi Fihri said the Norwegian Ambassador in Rabat had 
requested meetings with people in jail (comment:  Nordic 
diplomats in Rabat, including Norwegian Ambassador Aasheim, 
have consistently maintained that they never requested to see 
anyone in prison).  Fassi Fihri said he told the Swedish FM 
he was ready to take another look at the Nordic visit, but 
there needed to be agreement on its terms.  He had asked MFA 
Director Loulichki to meet with the Nordic ambassadors to 
discuss rescheduling the visit (comment:  the meeting took 
place on December 5.  The Nordics are currently planning to 
make their Sahara visit in late January 2006, the earliest 
the diplomats from Norway, Sweden, and Finland are all 
available). 
 
OHCHR 
----- 
 
11.  (C) Fassi Fihri said that Loulichki and MFA SYG Hilali 
had met recently with the Office of the High Commissioner for 
Human Rights (OHCHR) in Geneva to plan their visit.  Fassi 
Fihri stressed the GOM accepted OHCHR's visit, but the 
framework needed to be clear.  It was not a commission of 
inquiry.  The visit had to include stops in Algiers and 
Tindouf and not simply Morocco.  Hilali said the GOM 
understood the OHCHR would also look at the issue of 
violations against our "detainees" in Tindouf.  When the 
OHCHR scheduled the Morocco stop, however, they suddenly 
dropped Algiers from the itinerary.  The OHCHR needed to 
respect its regional commitments and make all three stops. 
The visit now appeared to be back on track for the 
January/February timeframe. 
 
12.  (C) Fassi Fihri added that over the years no one 
listened to Morocco's presentation on human rights violations 
in Tindouf.  There should be an international census to 
determine the population in Tindouf, and the international 
community should investigate the diversion of humanitarian 
aid.  There were people in the camps who had spent as many as 
ten years in Algerian prison, only to be detained by the 
Polisario.  The Ambassador added that the US supported the 
conducting of a census in the camps.  Fassi Fihri said that 
had been Morocco's demand for 30 years, but Algeria still 
refused.  Hilali commented that OHCHR Commissioner Louise 
Arbour told him that she regretted that her institution had 
never reacted to the Moroccan concerns about Tindouf. 
Morocco was ready to work with her. 
 
13.  (C) The Ambassador noted that there was a great deal of 
contradictory information circulating about the situation in 
the Western Sahara.  It was important to have independent 
observers assess the situation there, even to visit prisons. 
The Ambassador said the more such observers see, the better. 
There was a feeling that no one was being allowed to see the 
situation and report on it accurately.  Visitors might say 
the situation was not perfect, but it was important that 
outsiders be allowed to make assessments.  Fassi Fihri said 
unfortunately Algeria and the Polisario communicate better 
than the GOM.  They distribute photos alleging various 
abuses, even though the photos are doctored.  For Morocco's 
part, the Equity and Reconciliation Commission had announced 
the discovery of mass grave in the Sahara, something the GOM 
had acknowledged publicly. 
 
GOM Ready for a Solution 
------------------------ 
 
14.  (C) Fassi Fihri closed by stressing that the US should 
know that Morocco remained ready for a solution to the 
Western Sahara conflict, including a solution based on 
regional autonomy.  Morocco had presented a paper on that. 
King Mohammed had recently called for consultations with 
political parties on the Sahara.  A process was underway. 
What more could Morocco do?  Algeria took advantage of the 
people of the Western Sahara, especially the youth, yet 
Algeria was under no pressure to make a deal.  Furthermore, 
the GOA refuses a census.  Algeria in the meantime exploits 
the immigration issue to Morocco's disadvantage.  A Spanish 
journalist had recently visited migration camps in 
northwestern Algeria and found them well-organized by 
nationality, essentially run by mafias.  No one talks about 
that, Fassi Fihri said.  Algeria continues to pursue a 
conflict over a territory that has no phosphates, no oil, and 
no minerals.  All the Western Sahara has in terms of 
resources is fish.  (As outlined in Ref F, the economy of the 
Western Sahara is based almost entirely on fishing for 
export, which employs two-thirds of the workforce, along with 
small bits of mining, agriculture, and tourism.  Phosphates 
in the territory represent less than two percent of national 
reserves, and the industry employs only about 1900 people). 
Taking a parting shot at the Spanish, Fassi Fihri said the 
Spanish were the worst colonizers in the world; they left 
nothing behind when they pulled out -- no electricity, no 
development.  And Polisario leader Abdelaziz called on 
countries not to invest in the Western Sahara.  Loulichki 
noted the Polisario had recently threatened Kerr McGee. 
 
CBMs 
---- 
 
15.  (C) As the meeting broke up, Loulichki noted his 
satisfaction that family visit flights had resumed as part of 
the CBM package negotiated with UNHCR. 
 
 
Riley