On W Sahara,
Morocco's Hilale Letter to UNSC
About Casus Belli, Overdogs'
Guterres MIA
By Matthew
Russell Lee, Periscope, song
UNITED NATIONS,
April 2 – On
Western
Sahara, when
the UN
Security
Council's rare
meeting
began on March
21, Secretary
General Antonio
Guterres'
personal envoy
Horst Kohler walked
in with
security.
Asked if he
would speak
with the press
afterward, he
had one word:
"No." When he
left at 4:40
pm Inner City
Press asked
him, Was there
any
discussion of
natural
resources
(exploitation) and
the European
Court of
Justice
decision? There was
no direct answer.
Periscope
video
here. But
Team Kohler
took a detour
and visited
with Moroccan
Ambassador
Omar Hilale,
holding court
in the second
floor hall
where Inner
City Press due
to censorship,
unlike
Moroccan state
media,
cannot go. Now Hilale,
on the day
presidency of
the Security
Council passes
from the
Netherlands to
Peru, has
written
threatening
military
action, using
Latin
("casus
belli").
Does the
timing, not noted
along with the
(written)
medium by Al
Jazeera,
spring from
the situation
on the ground
or a plan of April
lobbying? All
this while
Secretary General
Guterres,
who notably
sides with the
over-dog in
places ranging
from Cameroon
to Yemen, is
on a four day
unannounced
(but belatedly
confirmed to
Inner City Press) four
day weekend at
his real home
in Lisbon,
missing in
action (MIA).
On
March 21 the
two Morocco state
media didn't
ask anything
during the
UNTV stakeout. The
UN gives them
full access,
one of them
doubling as a
UN staff
members. This
is how the UN
works, or
doesn't.
Some
tell Inner
City Press at least
Kohler is
holding
meetings, with
French
Le Drian
(opposing any
human rights component
in the MINURSO
mandate),
Sweden and the
African Union.
This last made
Morocco mad.
The Moroccan
mission has
lobbied the UN
Department of
Public
Information,
now run by
Alison Smale,
against Inner
City Press,
frivolously;
still, Inner
City Press
remains restricted
in its
movements in the
UN while
covering
meetings on
the second
floor when
often Morocco's
Ambassador Omar
Hilale is buzzing
around
lobbying. Hilale
has a habit
of counting
how many
questions
Inner City
Press asks. Inner
City Press
has three
times asked the UN
for an update
on the work
of Antonio
Guterres'
personal envoy
Horst Kohler,
who has no
presence at
UNHQ in New
York, only in Germany. On
March 12,
Inner City
Press asked
for his and
Guterres' view on
the holding of
the Crans
Montana Forum
in Dakhla,
transcript
here: Inner City
Press: on Mr.
Horst Köhler's
work on
Western
Sahara, and I
did want to
ask, since
having not
gotten one, a
specific
question,
which is that
I think this
Crans-Montana
forum is
kicking off,
and I've seen
a lot of
back-and-forth
on it.
And, as you
may know, the
African Union
specifically
called in one
of its
resolutions
for it not to
be held in
this disputed
territory and
for countries
not to
go. And
I'm wondering,
if we can't
get an update,
can we get Mr.
Hans [Horst]
Köhler's view
on this forum
being held at
this time and
this place? Spokesman:
Mr. Köhler, as
you know, has
been meeting
with the
parties.
He met… I
think his last
round of
meetings was
in Lisbon,
where he met
with the
representatives
of
Morocco.
As for the
holding of
this event, we
have no
particular
comment, and
I'm not aware
of any UN
participation
in it. Inner
City Press:
I'll go back
and look at
previous -- Spokesman:
Well, I know
what happened
previously. Inner
City Press:
I'm sure you
do." On
March 5 Inner
City Press
asked again,
UN transcript
here: Inner
City Press: you'd
said, on
Western
Sahara, that
you were
trying to get
something from
Mr. [Horst]
Köhler.
There was
reportedly a
meeting
between him
and the
Moroccan side
in
Lisbon.
Is that the
case?
And what was-- Spokesman:
That's my
understanding.
I'm trying to
get some more
details."
That's what he
said last
time. On
February 27
the Court of
Justice of the
European Union
"held
that, taking
accountof the
fact that the
territory of
Western Sahara
does not form
part of the
territory of
the Kingdom of
Morocco, the
waters
adjacent to
the territory
of Western
Sahara are not
part of the
Moroccan
fishing zone
referred to in
the Fisheries
Agreement.
Lastly, the
Court examines
the
territorial
scope of the
Protocol to
the Fisheries
Agreement.
Although that
Protocol does
not contain
any specific
provisions on
that subject,
the Court
states that
several of its
provisions use
the expression
'Moroccan
fishing zone.'
That
expression is
the same as
that to be
found in the
Fisheries
Agreement,
which defines
it as 'waters
falling within
the
sovereignty or
jurisdiction
of the Kingdom
of Morocco.'
The Court
concludes that
the 'Moroccan
fishing zone'
under the
Protocol does
not include
the waters
adjacent to
the territory
of Western
Sahara." But
at a human
rights event
at the
European
Union's office
in New
York City last
week, in an
hour long
session of
bragging, this
EU over-reach
did not come
up, and no
questions on
it were
permitted
(Inner City
Press had to
run back to
the UN to meet
the 7 pm censorship
deadline
imposed by UN
Global
Communicator
Alison Smale. This
curfew
does not
apply to the
many Morocco
state media
she and
Antonio
Guterres give
full access
and work space
to.)
And the UN of
Smale and
Guterres, when
Inner City
Press asked on
February 27,
wouldn't say
anything about
UN
representative
Kohler or the EU
decision. From
the UN
transcript:
Inner City
Press: on what
you just said
of no comment
on the EU
Court of
Justice
decision that
the… that the
waters off
Western Sahara
don't… can't
be agreed to
by
Morocco.
I wanted…
could you…
when you said
you have no
comment on it,
is there some
way to seek
whether this…
the personal
representative,
Mr. Horst
Köhler…? Spokesman:
I have no
particular
comment on
it. As
soon… if and
when we do
have a
comment, I
will share
that comment. Inner
City Press:
And relatedly,
what I wanted
to ask is,
I've heard
that unlike
his
predecessors, for Mr.
Köhler,
there's no New
York presence
of that office
or
mandate.
It's all in
Germany.
Is that the
case? Is
there some
way… how would
one go about
seeking a
comment from
this Special
Envoy and…
and… can you
have any
update on his
work? Spokesman:
"Through us or
through DPA
[Department of
Political
Affairs].
Yes, I'm
waiting for an
update,
because I
think there
are some
meetings going
on.
Masood-ji?"
Yeah.
In
the earlier decision
from the EU
Court of
Justice: "In
his Opinion
today,
Advocate
General
Melchior
Wathelet
proposes that
the Court
should answer that
it has
jurisdiction
to assess the
legality of
international
agreements
concluded by
the EU,
that an
association
such as WSC is
entitled to
challenge the
legality of
the Fisheries Agreement
and that the
Fisheries
Agreement is
invalid
because it
applies to the
territory and
waters of
Western
Sahara." It's here, in eight
languages. On
January
11, Inner City
Press asked UN
Spokesman
Stephane
Dujarric about
it, video here, UN transcript here:
Inner City
Press: I'd
asked you
about this…
and I guess on
Tuesday,
apparently,
you confirmed
that the
Secretary-General
did write a
letter to the
Frente
Polisario, the
part that you
read out was
on Guerguerat.
In
the interim,
the EU Court
of Justice
Advocate
General has
issued a… a
ruling
yesterday that
the EU Morocco
Fisheries
Agreement is
illegal for a
variety of
grounds,
including the…
you know, that
it violates
international
law. Some
people in
Moroccan state
media said
that there was
no letter; now
there is a
letter.
Can you say,
were the… was
the concept of
natural
resources, now
highlighted
once again by
the EU Court
of Justice,
part of this
letter or not?
And would you
just release
the letter to
prevent this
kind of…? Spokesman:
No, I won't…
the letter was
a private
letter.
I just wanted
to confirm
that it had
been sent, and
I'll leave it
at that. Inner
City Press:
So, really,
it's not…
so… Does
the
Secretary-General
or Mr. Köhler
have any
comment on
this EU
decision… in
terms of
natural
resources…? Spokesman:
"Not this a
point [?]
Obviously,
we're focusing
on Mr. Köhler
and his
ability to do
his work." On
Western Sahara
after a long
delay, UN
Secretary
General
Antonio
Guterres named
Horst Köhler
as his
Personal
Envoy,
replacing
Christopher
Ross. Inner
City Press was
exclusively
told by UN
Department of
Political
Affairs staff
that the delay
was
attributable
to Kohler's
demand to have
his own
personal staff
put on UN
contracts - a
demand that
Guterres gave
into, allowing
Kohler to put
long-time
German staff
in P-5 and P-3
UN positions.
On November
20, the UN
implicitly
confirmed what
Inner City
Press has
first
reported:
Kohler did not
visit Layoune,
the seat of MINURSO.
On
January 8,
Inner City Press
asked
Guterres'
spokesman
Stephane
Dujarric,
transcript here: Inner
City Press:
you'd read out
the Guerguerat
comment.
There's also…
there's a
press report
of a… of a
letter from
António
Guterres to
the Polisario,
received by
them on
Saturday, that
has quite a
different… at
least their
description of
it is quite
different,
saying that it
involves… it's
about natural
resources, and
it agrees
that, you
know, various
steps are
needed.
Did he write
such a letter?
And if so, do
you have any… Spokesman:
I don't have
any
confirmation
that such a
letter was
sent." Twenty
four hours
later, instead
of emailing
Inner City
Press his
belated
answer, he
waited and
read it out at
the next noon
briefing. It
will be in the
day's
transcript.
This is the
same Dujarric
who threw
Inner City
Press out of
the UN Press
Briefing Room
as it pursued
the Ng Lap
Seng UN
bribery case.
Now Dujarric
is
stonewalling
on Guterres'
inaction on
the Patrick Ho
and Cheikh
Gadio UN
bribery case.
Today's UN is
corrupt.On
January 5 Guterres,
after an 11
day vacation
followed by
four days with
nothing on his
UN schedule
("all appointment
internal") has
issued a
statement
purporting
deep concern.
Here it is,
full text:
"The
Secretary-General
is deeply
concerned
about recent
increased
tensions in
the vicinity
of Guerguerat
in the Buffer
Strip in
southern
Western Sahara
between the
Moroccan berm
and the
Mauritanian
border. The
Secretary-General
underlines
that the
withdrawal of
Frente
Polisario
elements from
Guerguerat in
April 2017,
together with
the earlier
withdrawal of
Moroccan
elements from
the area, was
critical to
creating an
environment
conducive to
the resumption
of dialogue
under the
auspices of
his Personal
Envoy Horst
Kohler. The
Secretary-General
calls on the
parties to
exercise
maximum
restraint and
to avoid
escalating
tensions.
Regular
civilian and
commercial
traffic should
not be
obstructed and
no action
should be
taken, which
may constitute
a change to
the status quo
of the Buffer
Strip." We'll
have more on
this. During
the November 22
consultations, Inner
City Press
asked the UN
spokesman for
the third time
why the UN
Department of
Public Information
has denied
access to the
building to
Western Sahara
media. Spokesman
Farhan Haq,
while trying
to cut off Inner
City Press'
question,
confirmed this
is the UN's
policy. But it
is just a
statement on
DPI's website,
to which for
example the
Free UN
Coalition for
Access has
never agreed.
After the
consultations,
Horst
Kohler and his
factotum
emerged,
saying only, I
am encouraged,
then rushed
down the hall
with a UN
Security
officer assigned
to him, unlike
other UN
envoys, due to
his past
position in
Germany. This
is waste.
Later Italy's
Ambassador Cardi summarized
the meeting;
Inner City
Press asked if
Kohler
explained his
failure to go
to El-Ayoun
/ Laayoune.
Apparently
not. Moroccan
state media
tried to get
more on
"encouragement;" this
is their
privilege,
unlike media
of Western Sahara.
In this
context, this:
"Ahead
of the UN
Security
Council’s 22
November
meeting on
Western
Sahara, the
Frente
POLISARIO
reiterates its
support to the
mission of the
Personal Envoy
of the
Secretary-General
for Western
Sahara, Mr.
Horst Köhler,
and urges
Council
members to
provide
necessary
contributions
to the
relaunch of
the UN peace
process. The
Frente
POLISARIO
expects the
Security
Council to
uphold its
responsibility
towards the
people of
Western Sahara
and to ensure
full respect
to their
inalienable
right to
self-determination
and
independence.
The Council
has the duty
to guarantee
that its own
resolutions
are respected
and fully
implemented.
In this
regard, UNSC
Resolution
2351(2017) has
requested the
Personal Envoy
to provide an
update on
progress
towards a
lasting and
just solution
to the
conflict of
Western
Sahara, as a
question of
decolonization,
within six
months of his
appointment.
This update –
to be held
next February
– should
comprise a
concrete
framework for
the path
forward that
would
culminate in
urgent
time-bound,
face-to-face
negotiations
between the
Frente
POLISARIO and
Morocco.
In the
interim, it is
more than
necessary that
the Council
addresses
ongoing issues
in order to
create more
favorable
conditions for
the new
negotiating
process.
Morocco
continues to
reject the
return to
Western Sahara
of the AU
observers that
were illegally
expelled by
Morocco in
March
2016.
There has
still been no
‘technical
mission’ to
the Guerguerat
region of
Western Sahara
to examine the
very serious
problems
created by
Morocco’s
unilateral
violation of
the terms of
the ceasefire,
as called for
in UNSC
Resolution
2351 (2017). Likewise,
Morocco’s
ongoing,
widespread
human rights
abuses and
plunder of
natural
resources in
the occupied
Territory of
Western Sahara
suggest a
culture of
impunity that
is not
conducive to a
constructive
and lasting
peace process." On
November
7, Inner City
Press asked UN
Spokesman Dujarric
if Kohler was
already
blocked, why
the UN is
blocking
Western Sahara
media
accreditation
while giving
offices to
Moroccan
state media,
and of the
King's speech.
From the UN transcript:
Inner City
Press: you may
have seen the
speech by the
King of
Morocco in
which he said
that there
will be no
solution to
Western Sahara
that's not
fully in
accord with
Morocco's
sovereignty,
which
basically
means… it's
not really
clear what is
really being
negotiated
given that
statement.
I wanted to
know, is there
any response
by either Mr.
[Horst] Köhler
or by the
Secretariat? And,
on
Mr. Köhler's
recent visit
to the region, was
he restricted
of traveling
anywhere that
he wanted
within Western
Sahara?
Because I've
heard that he
has, and I
wanted to just
ask you… Spokesman:
I'm not aware
of… Inner
City Press:
Did he visit
MINURSO
[United
Nations
Mission for
the Referendum
in Western
Sahara]? Spokesman:
I'm not aware
of these, of
whatever
restrictions.
Obviously, on
these trips,
itineraries
are
negotiated.
I'm not going
to react to
the King's…
the King's
speech.
There is a
mandate from
the Security
Council for
the Personal
Envoy as well
as the… as
well as
MINURSO, and
we will follow
that mandate
and continue
our work. Inner
City
Press:
And you'd said
earlier… I'd
asked you
about this
case of the
Western Sahara
journalist,
who's now been
twice denied
accreditation.
You said you'd
look into
whether this
is under the
policy of
needing to be
from a Member
State of the
General
Assembly.
Were you able
to check that
out? Spokesman:
I don't
recall, but
I'll check
again." Seven
hours later,
again nothing.
On
October 11,
Inner City
Press asked UN
Spokesman
Stephane
Dujarric, UN
transcript here: Inner
City
Press:
in the Fourth
Committee, the
Ambassador of
Morocco, Omar
Hilale, said
two
things.
He said that
Mr. Horst
Köhler is
going to the
region next
week.
So, he put a
date on
it. And
he also said
that the idea
of a
referendum is
dead.
That's… that's
what he's
quoted as
saying.
And, since
that's the
name of the
mission,
Referendum in
Western
Sahara, does
the UN have
any, does
the UN believe
that the
referendum is
dead? Spokesman:
"On a
potential
visit by the
new special
personal
envoy, as soon
as we have
something to
confirm, we
will do
so. As
far as… I'm
not going to
comment on the
Ambassador's
statement.
The mission
there has a
mandate given
to it by the
Security
Council, and
its work is to
implement that
mandate.
Thank you." Dujarric
never did
announce
anything about
Kohler's
travel, even
after it
began. So on
October 17
Inner City
Press asked
him, UN transcript
here:
Inner City
Press: this
note to
correspondents
[on Myanmar]
is long.
Can we get a
similar one
for, for
example, Mr.
[Horst]
Köhler's
visits to
Morocco,
Tindouf and
elsewhere? Spokesman:
Mr. Köhler is
currently in
Rabat.
We hope to
have more at
the conclusion
of the visit."
On
October 19,
Inner City
Press asking
Duajrric about
the
attendance, at
Kohler's
meeting with
Morocco's
King, of
"Kohler's
special
advisor David
Schwake" - how
was he
hired?
Dujarric said
the positions
were advertised;
Inner City
Press noted
that Schwake
was Germany's
ambassador to
South Sudan,
for example. Was he
just brought in? Is
he seconded?
Dujarric has not
answered. Yet.
On
September 17,
the UN issued
this: "The
Personal Envoy
of the
Secretary-General
for Western
Sahara, Horst
Koehler, took
up his
functions on 8
September in
New York,
where he held
meetings and
consultations
until 16
September. Mr.
Koehler met
with the
Secretary-General
and senior
United Nations
officials,
representatives
of the parties
and neighbors,
Member States
and the
African Union
Commissioner
for Peace and
Security. The
Secretary-General
welcomed the
intention of
his Personal
Envoy to
travel to the
region. He
stressed the
importance of
the visit to
help re-launch
the political
process in a
new spirit and
dynamic, in
accordance
with Security
Council
resolution
2351 (2017).
Mr. Koehler
looks forward
to travelling
to the region
and engaging
with the
parties in a
spirit of
trust and
compromise. "
Inner
City Press
twice asked
Guterres'
holdover
spokesman
Stephane
Dujarric the
simple
question of if
Kohler will be
in New York
for UN General
Assembly high
level week.
Dujarric has
not answered;
he invited
Moroccan state
media to his
"background" briefing on
September 15
but not Inner
City Press,
which asks him
questions
every day.
We'll have
more on this. On
August 4, Inner City Press
asked the UN why there is
STILL not UN Envoy on Western
Sahara, UN transcript here: and
below. On August 15, Inner
City Press asked UN Spokesman
Dujarric again, UN transcript here: Inner
City Press: the position of a
Personal Envoy on Western
Sahara.... well, you know how
long it's been.
Spokesman: I do know how
long it's been. Inner City
Press: Can you give some idea?
Is the problem
consultations? Is the
problem with widely reported
Mr. [Horst] Köhler and the
size of the office, the
location of the office?
What is the problem?
Spokesman: "You know, a
lot of things happen below the
water line. When the
personal envoy is ready to
emerge from above the water
line, we will make the
announcement." After the
briefing, Dujarric walked out
chatting with Moroccan media
(Magreb Arab Press) which
comes in and ask questions
much less than Inner City
Press but which Dujarric and
the UN Secretariat did not
evict, and so have full
access. On August 16, after
Guterres declined to answer
Inner City Press' question
choosing instead five others
pre-picked, his Office
announced: "Secretary-General
António Guterres announced
today the appointment of Horst
Köhler, former President of
the Federal Republic of
Germany, as his Personal Envoy
for Western Sahara. The new
Personal Envoy succeeds
Christopher Ross of the United
States who completed his
assignment on 30 April
2017. The
Secretary-General is grateful
for Mr. Ross’ tireless efforts
and dedication to facilitate
negotiations between the
parties in order to achieve a
just, durable and mutually
acceptable political solution,
which would provide for the
self-determination of the
people of Western Sahara."
We'll have more on this. From
August 4: Inner City
Press: this Western
Sahara envoy question, it's
getting stranger and
stranger. How long has
it been since there's been an
envoy? And what is the,
I guess, at this point, what
is the holdup?
Spokesman: "I'm not
going to comment on your
characterization. When
we have a Personal Envoy to
announce, we will announce
one." Likewise when
Inner City Press asked about
Morocco's alleged torture of
the Gdeim Iziki defendants,
asking both before and after
the victim, the UN had no
comment at all. Now they have
receipt a letter that "it has
become clear that the Moroccan
authorities do not respect
international law and persist
in their grave violations of
human rights in Western
Sahara, under the
responsibility of the United
Nations, in view of the
decolonization of the
territory and the exercise by
its people of their
inalienable right to
self-determination and
freedom. The Moroccan
authorities have never had the
intention of enabling Saharawi
political prisoners to have a
fair trial because they were
arrested mainly because of
their political views and
public defense of the Saharawi
people's right to
self-determination. The recent
judgments represent a serious
development in Morocco's
notorious record of human
rights violations in occupied
Western Sahara." Maybe the UN
will deny receiving this
letter too, while leaving the
envoy on Western Sahara
position vacant for weeks and
months without ever explaining
it. This is conflict
prevention? On July 18 Inner
City Press asked UN Deputy
Spokesman Farhan Haq, UN
transcript here: Inner
City Press: on Western Sahara,
I think the Frente Polisario
sent a communication to [the
Department of Political
Affairs] and [the Department
of Peacekeeping Operations]
and the United Nations Mission
for the Referendum in Western
Sahara (MINURSO) about they've
captured, they say, 19 people
coming over the berm from
Morocco and put them in…
there's photographs.
It's been… it's in El
País. And I'm just
wondering, given the… the…
the… what happened in
Guerguerat, is the UN… what's
the UN comment on it?
Will you confirm that you've
received the
communication? And what
does the UN intend to do about
it? Deputy Spokesman:
I'll check whether we've
received any communication
from them." Six hours later,
after Haq closed the office,
there was still nothing. On
July 19 Haq walked out as
Inner City Press. So on July
20, along with Rif, Inner City
Press asked again, UN
transcript here, Inner
City Press: In the ongoing
protests in the Rif Region of
Morocco, there's a large
protest today by which the
Government has responded to by
blocking roads, trying to
block entry by sea, slowing
down the Internet. And
so, I just wanted to know… I
know this has come up and at
one point, Stéphane [Dujarric]
said that there may be
something coming down.
Given that, in fact, the
protests are growing and the
oppression and the number of
people locked up has grown,
has the Department of Public…
excuse me, Political Affairs
or the Secretariat taken any
note of this? Deputy
Spokesman: Certainly, we
take note of this and I'll
check with them about any
response. Inner City Press: I
tried to ask yesterday as you
left. I had asked you
two days ago I think, whether…
whether you had confirmed
receipt by [the Department of
Political Affairs] and [the
Department of Peacekeeping
Operations] of a communication
by Frente Polisario about
this… these arrests now
reported in three countries'
media of people coming over
the berm into Western Sahara,
where you have a peacekeeping
mission. Have you
received that? And
what's the…? Deputy
Spokesman: We're aware
of this. The thing about
that is that the [United
Nations Mission for the
Referendum in Western Sahara]
(MINURSO), does not have any
sort of civilian law
enforcement role. We
don't have any mandate to have
access to these individuals,
and they have not had access
to them." When Inner City
Press on July 17 asked UN
deputy spokesman Farhan Haq
about complaints of the use of
torture in the Gdeim Izik
cases set for decision
tomorrow, this UN spokesman
said they UN had nothing to
say. Watch this site. Despite
South African and European
court decisions, Morocco's OCP
and its subsidiary Phosboucraa
said they consider the South
Africa's decision to impound
illegally exploited phosphate
from Western Sahara to be
"political piracy committed
under judicial cover... They
therefore reserve their right
to pursue and protect their
property rights for this cargo
using all means permitted by
international law." So, like
Ban Ki-moon's indicted brother
Ban Ki-Sang who used the UN's
name to try to sell real
estate in Viet Nam, they are
thumbing their noses at the
court - while Morocco's King
continues to abuse those in
the Rif region. By refusing to
defend, they concede. Where
now will New Zealand's
Ravensdown and Ballance
Agri-Nutrients source their
phosphate? Back on April 9
Inner City Press reported UN
Secretary General Antonio
Guterres' proposal of Horst
Kohler of Germany to replace
Christopher Ross as the UN's
Western Sahara envoy.
Guterres' holdover spokesman
Stephane Dujarric, when Inner
City Press, repeatedly refused
comment. Now the reason for
delay can be reported: UN
sources tell Inner City Press
that Kohler demanded a large
staff, some long time
associates, to be put on the
UN payroll, leading to delay.
On June 21 Inner City Press
asked Dujarric's deputy Farhan
Haq...
***
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