21 November 2013, Bir Lehlou — Government of the Saharawi Republic (SADR) addressed Wednesday, the plans announced for petroleum exploration and development in the territorial waters of Western Sahara by two multinational companies, Cairn Energy PLC and Kosmos Energy LLC, in a media released issued by the Saharawi Petroleum and Mines Authority.
These companies participate in a joint venture pursuant to licences granted illegally by Morocco’s state petroleum agency, the Office National des Hydrocarbures et des Mines (ONHYM), said the press release.
Cairn Energy and Kosmos Energy recently announced plans for exploratory drilling in the central offshore area of the Saharan coast, known as the “Boujdour Block”. According to news reports, the companies intend to drill in 2014.
“This is a matter of law, morality and investment risk. The investment risk is easiest to understand. The Saharawi Republic is open to ethical international business however exploiting the sovereign resources of the Saharawi people without their consent while we remain under an illegal occupation brings great uncertainty and the sure eventuality of future reparations [compensation] claims,” said Mr. Emhamed Khadad, member of the Sahrawi leadership.
Khadad added that, “The immorality of the proposed exploration drilling is also apparent. Companies that seek to benefit themselves and their investors – however misled or unknowing investors may be – do so in a way that perpetuates an illegal occupation and in a manner that enriches the occupying state while fully half our people eke out a challenging existence in refugee camps while awaiting the right to self-determination.”
“The law is also quite clear about such petroleum development activities. Western Sahara remains occupied as a matter of international law and so the taking of petroleum is clearly a war crime. Even if one agrees that Western Sahara is only, or narrowly, a question of the self-determination of its people, then in this and all other cases the Saharawi people have been clear that the legal test which requires the benefit to them of resource development and their prior consent is simply not met. Should anyone be unclear, it is the Saharawi Republic which has lodged a claim and has legislated for an exclusive economic zone off Western Sahara, and not Morocco.”
The SADR government recently warned both Cairn Energy and Kosmos Energy in private correspondence that their activities in the so-called “Cap Boujdour block” constitute a violation of international law. To date there has been no reply or acknowledgement of this correspondence from either party.
SADR officials note that the announced continuing program of the two companies was in clear disregard of United Nations requirements to address the ongoing problem of Western Sahara’s occupation.
In 2002, the United Nations Assistant Secretary-General and Legal Counsel, Hans Corell, issued a legal opinion on a request from the UN Security Council for advice about the legality of the exploration of mineral resources in Western Sahara. He concluded that: “… if further exploration and exploitation activities were to proceed in disregard of the interests and wishes of the interests and wishes of the people of Western Sahara, they would be in violation of the principles of international law applicable to mineral resource activities in Non-Self-Governing Territories”. (UN Doc. S/2006/161)
Both Cairn Energy and Kosmos Energy were reminded by the SADR government that all means would be taken to end the development of natural resources in the occupied part of Western Sahara.
– Sahara Press Service