(1)   What is the Government’s position on Western Sahara.

(2)   Why did Australia abstain during the vote at the most recent United Nations (UN) General Assembly on a resolution supportingthe efforts of the UN to achieve a solution for Western Sahara as a Non-Self-Governing Territory.

(3)   Is he aware of the UN Legal Opinion of 29 January 2002, which reported that the natural resources of Western Sahara are being exploited by Morocco, in violation of the principles of international law applicable to mineral resource activities in Non-Self Governing Territories; if so can he provide assurance that Australia is not importing goods from the disputed territory of Western Sahara.

(4)   Has the Government made representations to the Moroccan Government requesting (a) the end of the systematic oppression of peaceful demonstrations in the occupied areas of Western Sahara and the detention and torture of Saharawi human rights activists and university students, (b) the release of all the Saharawi political detainees and the prosecution of those responsible for torture and illegal disappearances of Saharawi human rights activists and (c) cooperation with the UN in its efforts to organise a referendum on self-determination for the Saharawi people, in accordance with UN resolutions and the verdict of the International Court of Justice; if not, why not.

(1)   The Australian Government supports a negotiated solution to the Western Sahara issue that is acceptable to all directly interested parties. Australia supports the efforts of the international community through the United Nations to assist in achieving this end.

(2)   The Australian Government abstained from the United Nations General Assembly resolution on Western Sahara in 2006 in profound regret that the parties to the resolution were unable to reach agreement concerning the question of Western Sahara. The Australian Government would have preferred a consensus resolution as is traditional on such issues.

(3)   I am aware of the opinion of Hans Corell, former United Nations Under-Secretary General of Legal Affairs, dated 29 January 2002. I note the opinion is not legally binding and does not set out measures to be taken by states to prohibit imports from Western Sahara. Nonetheless, my department has placed a notice on the DFAT website stating that there are international law considerations to take into account when engaging in commercial activities in Western Sahara. Companies are advised to seek independent legal advice. There are no United Nations Security Council sanctions or Australian bilateral sanctions prohibiting imports from Western Sahara or Morocco.

(4) (a)   and (b) The Government takes an ongoing interest in the human rights situation in Western Sahara and is aware of reports of human rights violations in this territory. The Government emphasises the need for all parties to the dispute to show commitment to the promotion and protection of internationally recognised standards of human rights. (c) The Government urges Morocco and Polisario to cooperate with the UN in efforts to resolve the issue. Parties held direct negotiations in New York under UN auspices in June and August 2007 and the next round of talks is scheduled to be held later this year.