Arbitrary imprisonment of Western Sahara activist

Subject: Arbitrary imprisonment of Western Sahara activist

On 15 November Mahfouda Elfakir, a Sahrawi activist, was arrested in the courtroom of el-Aaiún court while attending the trial of one of the young men arrested on 28 October for celebrating Algeria's victory in the Africa Cup of Nations.

Mahfouda Elfakir was beaten while being transported to prison and heard by the Moroccan prosecutor without a lawyer being present, and has also been denied the daily supply of the medicines she needs.

This is yet another example of an attack on the Sahrawi population living in the occupied territories of Western Sahara, involving arbitrary arrests, the repression of demonstrations and restrictions on the participation of the native population of that territory which has been occupied and colonised by the Kingdom of Morocco since 1976. The EU has colluded with these acts of aggression and occupation, notably by establishing trade and fisheries agreements with Morocco, contrary to international law and the relevant United Nations resolutions and decisions of the EU Court of Justice.

- Is the Union aware of Mahfouda Elfakir's detention? How will the Commission monitor Mahfouda Elfakir's state of health and the circumstances of her imprisonment and verify that she has access to a decent conditions of defence?

- In view of the repeated violations of human rights - the Gdeim Izik protest camp arrests have attracted particular attention - will the Commission consider terminating the agreements it has signed with Morocco, taking into account the human rights clauses contained therein?

Answer given by Vice-President Borrell on behalf of the European Commission (3 February 2020)

The Delegation of the EU in Rabat has raised the case of Mahfouda Elfakir with the National Council for Human Rights (CNDH), is awaiting additional information and will continue to closely follow this case.

Democracy, the rule of law and human rights are essential components of the EU's foreign policy and of its dialogue with partner countries like Morocco, as notably reflected in the provisions of the EU-Morocco Association agreement. EU trade policy is also conducted in the context of and in line with the principles of the Union’s external action.

The situation of human rights in Morocco and Western Sahara is regularly addressed through contacts with the competent authorities, including the CNDH and its regional offices as well as with civil society organisations and human rights defenders.