We have been granted permission by the High Court of England and Wales to bring a judicial review against the government’s decision to adopt the UK-Morocco Association Agreement.
This is excellent news in our quest for justice for the Saharawi people. But we need your help to back-up this success and we need to reach our £5000 target on our CrowdJustice page in the next 12 days.
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The trade agreement applies to products and resources from Western Sahara, over which Morocco claims territorial sovereignty, despite the International Court of Justice having ruled that no ties of sovereignty exist.
Our legal team from Leigh Day argues in our case that by extending the agreement to goods and resources from Western Sahara, the UK Government is in breach of its obligations under international law.
In 2015, the Court of Justice of the European Union ruled in favour of WSCUK in relation to a legal challenge against HMRC and DEFRA relating to the implementation of a previous version of the EU-Morocco Association Agreement and the EU-Morocco Fisheries Partnership Agreement. This ruling was confirmed by the High Court of England and Wales.
The courts found that the EU agreements could not be applied to the territory of Western Sahara, nor could Morocco be understood to exercise jurisdiction over the territory, as this would contravene the principle of self-determination and the rule of international law that a treaty may not impose rights or obligations on a third party without that party’s consent.
John Gurr, WSCUK Corodinator said: this is an important step for the Saharawi people. The challenge to an agreement that allows the theft of the natural resources of Western Sahara and further entrenches the Moroccan occupation can now proceed.
Erin Alcock of Leigh Day said: our client is pleased to have been granted permission to proceed with their judicial review challenge. This case will present the court with an important opportunity to consider the legality of a post-Brexit trade deal implemented in the UK in the context of international legal obligations.
WESTERN SAHARA CAMPAIGN UK
The Western Sahara Campaign works in solidarity with the Saharawi people to generate political support in order to advance their right to self-determination and to promote their human rights.
Our role is to lobby the UK Government and the EU. You can help us to ensure the UK does not ignore the voice of the Saharawi people.
Follow the news about EU's illegal fisheries in Western Sahara