Bob Carr (NSW, Australian Labor Party, Minister for Foreign Affairs) Share this | Hansard source

The answer to the honourable Senator's question is as follows:

(1) Australia notes the UN classification of Western Sahara as a non-self-governing territory. The Government of Morocco and the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro dispute sovereignty of Western Sahara.

(2) No.

(3) Australia notes the UN classification of Western Sahara as a non-self-governing territory.

(4) The International Court of Justice (ICJ) stated in its advisory opinion that the territory of Western Sahara did not constitute terra nullius (a territory belonging to no-one) at the time of its colonisation by Spain. The ICJ also stated that, while other legal ties existed between Morocco and Western Sahara, it found no tie of territorial sovereignty at the time of colonisation by Spain, and accordingly no legal tie that might affect the application of the principle of self-determination to the peoples of Western Sahara.

The ICJ Advisory Opinion did not, however, resolve the contentious issue of the present status of territorial sovereignty in relation to Western Sahara. Australia supports the UN classification of Western Sahara as a non-self-governing-territory and Australia's view is that the people of Western Sahara have a right to self-determination.

(5) The International Court of Justice (ICJ) stated in its advisory opinion that the territory of Western Sahara did not constitute terra nullius (a territory belonging to no-one) at the time of its colonisation by Spain. The ICJ also stated that, while other legal ties existed between Morocco and Western Sahara, it found no tie of territorial sovereignty at the time of colonisation by Spain, and accordingly no legal tie that might affect the application of the principle of self-determination to the peoples of Western Sahara.

The ICJ Advisory Opinion did not, however, resolve the contentious issue of the present status of territorial sovereignty in relation to Western Sahara. Australia supports the UN classification of Western Sahara as a non-self-governing-territory and Australia's view is that the people of Western Sahara have a right to self-determination.

(6) Australia notes the UN classification of Western Sahara as a non-self-governing territory. The Government of Morocco and the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro dispute sovereignty of Western Sahara. The United Nations has not imposed any restrictions on trade in natural resources from Western Sahara and the Government is not aware of any country which has autonomous sanctions against that trade. Given the status of Western Sahara as a non-self-governing territory, the Department of Foreign Affairs and Trade consistently draws companies' attention to the possible international law considerations involved in importing natural resources sourced from Western Sahara and recommends companies seek independent legal advice before importing such material.

(7) (a) The Department of Foreign Affairs and Trade understands from Standards Australia that Standards Australia did not issue advice to this effect.

(b) The Government notes the fact that the port of Laayoune is designated under the UN Code for Trade and Transport as a Moroccan port. This does not amount to the provision of legal advice. The Department of Foreign Affairs and Trade consistently draws companies' attention to the possible international law considerations involved in importing natural resources sourced from Western Sahara and recommends companies seek independent legal advice before importing such material.

(c) The Department of Foreign Affairs and Trade's Statistical Analysis and Retrieval System database (which contains data from July 1988 sourced from the Australian Bureau of Statistics) records the following imports from Western Sahara:

December 1988: broom or brush handles of wood; quantity: 27,700; value: $10,008;

May 1989: non-coniferous dowelling; quantity: not recorded; value: $11,644; and

March 2012: tape drives for computers; quantity: 1; value: $1,796.

(8) In 2011, Australia imported seafood, prepared or preserved, from Morocco.

(9) The Government does not comment on communications with other Governments.

(10) The Government supports the efforts of the United Nations to find an enduring settlement in relation to Western Sahara.

(11) No. The export of goods and technologies for use by armed forces are already subject to controls set out in the Customs Regulations. Applications for controlled goods are assessed against criteria which include consideration of potential human rights concerns.