https://www.forbes.com/sites/domini...tern-sahara-phosphate-exports/2/#38aaed1ef003
A fresh question mark has been placed over controversial phosphate exports from Western Sahara, after a South African court ruled on June 15 that a dispute over a cargo being held in Port Elizabeth should proceed to a full trial.
The cargo in question is aboard the NM Cherry Blossom. On May 1 the ship entered the port of Coega on the outskirts of Port Elizabeth for refuelling. The phosphate it was carrying was en route to Tauranga in New Zealand, for delivery to Ballance Agri-Nutrients, a fertilizer company.
The phosphate had been mined and sold by Moroccan phosphate giant OCP. Its wholly-owned subsidiary Phosboucraa operates a phosphate mine at Boucraa in Western Sahara, a region which was occupied by Morocco in 1975 and which it has since claimed as part of its national territory. Morocco’s claim is not recognized by any other country or by the United Nations, which describes the area as a non-self-governing territory.
Untreated phosphate drops off a conveyor belt at the Marca factory of the Moroccan phosphates company OCP near Laayoune, the capial of Moroccan-controlled Western Sahara, on May 13, 2013 (Photo: FADEL SENNA/AFP/Getty Images)
The Polisario Front, the national liberation movement for Western Sahara, applied for a court order to prevent the ship from leaving port while it pursued its legal case for ownership of the cargo. That interim order was confirmed by the High Court in Port Elizabeth on June 15, which noted that “Morocco has no claim to sovereignty over Western Sahara” and said the case should go to trial.
OCP has responded by saying it is “outraged by this decision” which it says is “in breach of well-established principles under international law”.
In a strongly worded statement, the company added that it “deplores the fact that a local court is being used by the applicants as a forum for settling a political matter which falls squarely under the purview of the UN Security Council” and that it “categorically contests the decision of the South African court which has no jurisdiction to rule on the applicability of Moroccan laws relating to the exploitation of natural resources in the region”.
In contrast, the Polisario Front has warmly welcomed the decision. Kamal Fadel, the movement’s representative in Australia, told Western Sahara Resource Watch that "This is a historic moment for the Saharawi people and we hope the final judgment will contribute to the protection of our natural resources which we need to rebuild our country and provide a dignified life for our people after decades of conflict, exile and suffering.”
OCP and Phosboucraa do not claim to have mined the phosphate in Western Sahara with the consent of the people of the territory, but they do claim to be doing so on behalf of its people and that their actions are in line with applicable UN legal frameworks. The Polisario Front claim the phosphate is being exploited without the consent of the people of Western Sahara and that they do not and will not benefit from its exploitation.
The South Africa court decision is in contrast to the outcome of a similar case in Panama in May, concerning another cargo of phosphate which was on its way to Agrium in Canada. In that case, the ship was released after a bond was posted. The local court later decided it was not the proper venue to decide on what was a political matter.
Last year, the European Court of Justice ruled in favour of the Polisario Front in an action it took against the Council of the European Union to ensure that agricultural goods from Western Sahara were not included in a trade deal between Morocco and the EU.
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