December 19, 2008

Human Rights in Western Sahara and in the Tindouf Refugee Camps

Map Of North Africa
Summary
Western Sahara
Refugee Camps near Tindouf, Algeria
Recommendations
To the UN Security Council
Recommendations to the Government of Morocco
Recommendations Regarding Human Rights in the Tindouf Camps
To the Polisario Front
To the Government of Algeria
To Third-Party Governments and Regional Bodies
Recommendations to the US and France
Methodology
Legal Framework Applied in this Report
Background to the Western Sahara Conflict
Key Third Parties: The United States, France, and the European Union
The United States
France
The European Union
Human Rights in Western Sahara
The Right to a Fair Trial
2007-2008 Trial of Naf'i as-Sah and Abdallah al-Boussati for "Throwing Molotov Cocktails at a Police Car"
2007 Trial of Mohamed Tahlil for "Arson"
2007 Trial of Eight Sahrawi Students at the University of Rabat for an "Armed Demonstration"
2008: Trial of Activist Naâma Asfari for "Drunk Driving and Assault"
2005 Trial of Seven Human Rights Activists in El-Ayoun
Complaints of Torture, Beatings, and Arbitrary Arrests of Sahrawi Activists
Case Studies
Freedom of Assembly
Occasional Protester Violence Cannot Justify Broad Bans on the Right of Assembly
Freedom of Association for Human Rights Organizations
Forum for Truth and Justice – Sahara Section
The Sahrawi Association of Victims of Grave Human Rights Violations102
CODESA.. 104
Moroccan Association for Human Rights (AMDH) El-Ayoun Branch107
Treatment of Foreign Observers108
Morocco Expels French NGO Human Rights Delegation in April 2008.. 109
Morocco Blocks a Fact-Finding Mission by the European Parliament110
Morocco Briefly Detains Delegation from Trade Union Consortium.. 111
Press Freedom.. 111
Human Rights in the Tindouf Camps114
Past Polisario Abuses and Accountability114
The Question of Political Detention in the Camps Today118
Freedom of Movement122
Travel to Mauritania, Morocco, and Moroccan-Controlled Western Sahara124
Travel to Destinations other than Mauritania and Moroccan-controlled areas130
Travel inside Algeria130
Polisario Reportedly Prevents Sahrawi Dissident from Re-Entering Camps131
Freedom of Information, Expression, Association and Assembly132
Places of Detention137
Allegations of Slavery142
Allegations of Slavery as it Affects Marriage143
Manumission Papers146
The Case of "Saltana"148
Acknowledgments152
Appendices154
Appendix 1: Letter from Human Rights Watch to Moroccan Authorities Requesting Information on Human Rights and Western Sahara154
Appendix 2: Response from the Government of Morocco, dated May 30, 2008, to Letter from Human Rights Watch   159
Appendix 3: Letter from Human Rights Watch to SADR Authorities174
Appendix 4: SADR's Response to Human Rights Watch Letter of February 8, 2008.. 179
Appendix 5: Letter from Human Rights Watch to SADR Authorities186
Appendix 6: Response from SADR Authorities to the Letter of Human Rights Watch of April 1, 2008   194
Appendix 7: Letter from Human Rights Watch to Algerian authorities205
Appendix 8: Purported Manumission Document from the Tindouf Camps210