phosphate imports breaching international law

Phosphate importers 'breaching international law'
AM Samantha Donovan
Posted October 10, 2011 08:58:20


There are renewed calls for Australian companies to stop importing phosphate rock from the disputed territory of Western Sahara.

Three Australian companies - Incitec Pivot, Impact Fertilisers and CSBP, which is part of Wesfarmers - use phosphate rock from the area.

Sydney barrister Tim Robertson SC says the companies are breaching international law by buying the phosphate from a state-owned Moroccan company.

He says the indigenous people of Western Sahara own the phosphate and Morocco has no right to sell it.

The superphosphate fertilisers are crucial for Australian food production, and the Fertiliser Industry Federation of Australia, which represents the three Australian companies, says they have all had legal advice that their buying of phosphate does not breach international law.

Mr Robertson disagrees.

His opinion was sought by the Australia Western Sahara Association, which campaigns for the self-determination of the indigenous population.

"The state that is in control of Western Sahara, Morocco, is an illegal occupying power and it has no title to the resources that its selling to the Australian companies," he said.

"The Australian companies can't gain any better title than Morocco has and Morocco has none, so they're in a spot of bother."

Morocco fiercely disagrees that it is an illegal occupying power.

It told an Australian Government hearing earlier this year that "no recognised international body has ever considered the exploitation of the natural resources by Morocco as acts of plundering detrimental to the inhabitants of the region".

Mr Robertson believes the Australian phosphate importers could end up having to pay compensation.

"Someone could come along with a better right of title such as the government-in-exile for Western Sahara, which is recognised by a third of the countries in the world including most African countries," he said.

"It might come along and say 'these resources belong to the people of Western Sahara under international law as they do and as the General Assembly of the United Nations has declared on numerous occasions, therefore they belong to us and you're taking it'."

Mr Robertson also believes the Australian fertiliser companies could be breaching the Customs Act.

"Many of them are stating on their import declarations that the goods are from Morocco," he said.

"They're not, and if they've put down on the manifest that they've supplied to customs that the country of origin is Morocco then they are breaching the Customs Act and that is a criminal offence."

Mr Robertson says ultimately this type of dispute is only ever settled through international politics.

A spokeswoman for the Department of Foreign Affairs and Trade told AM Australia recognises the UN classification of Western Sahara as a non-self-governing territory and the Government believes the people of Western Sahara have a right to self determination.

She pointed out the UN has not imposed restrictions on the trade of phosphates and says DFAT recommends companies do seek legal advice before importing it.

http://www.abc.net.au/news/2011-10-10/phosphate-mining-western-sahara/3457900

My comment: Great that Tim Robertson is speaking out on this, and I hope he continues to work for the AWSA to halt the trade in the plundered phosphate from Western Sahara. Also good to see that DFAT support their right to self determination, and perhaps could go further and impose restrictions, alongside countries such as Norway.