{"id":5626,"date":"2019-05-14T14:10:17","date_gmt":"2019-05-14T14:10:17","guid":{"rendered":"http:\/\/adalauk.org\/?p=5626"},"modified":"2019-07-29T22:33:10","modified_gmt":"2019-07-29T22:33:10","slug":"adala-uk-letter-to-biwater-on-its-presence-in-western-sahara","status":"publish","type":"post","link":"https:\/\/adalauk.org\/?p=5626","title":{"rendered":"Adala UK letter to Biwater on its presence in Western Sahara"},"content":{"rendered":"\n<p>For the attention of:&nbsp;<\/p>\n\n\n\n<p><strong>Sir Adrian White<\/strong>,&nbsp;<\/p>\n\n\n\n<p>Chief&nbsp;Executive&nbsp;and&nbsp;Chairman,&nbsp;Biwater<br>Biwater&nbsp;House<\/p>\n\n\n\n<p>Station Approach<\/p>\n\n\n\n<p>Dorking<\/p>\n\n\n\n<p>RH4 1TZ<\/p>\n\n\n\n<p>London, 14 May 2019<\/p>\n\n\n\n<p><strong>Re:&nbsp;<\/strong><strong>Biwater\u2019s<\/strong><strong>&nbsp;presence in<\/strong><strong>&nbsp;Western Sahara<\/strong><\/p>\n\n\n\n<p>Dear&nbsp;Sir Adrian,<\/p>\n\n\n\n<p>I am writing on behalf of&nbsp;Adala&nbsp;UK, a British NGO focused on documenting human rights violations&nbsp;in the non-self-governing territory of Western Sahara, with regard to&nbsp;Biwater\u2019s&nbsp;activities&nbsp;there.<\/p>\n\n\n\n<p>We became aware of your company\u2019s involvement in Western Sahara through a tweet on 29 March this year:<\/p>\n\n\n\n<p>\u201c#Biwater&nbsp;was&nbsp;honoured&nbsp;to host Hamdi&nbsp;Ould&nbsp;Errachid, Mayor of Laayoune, at the wastewater treatment facility in Laayoune for the Office National de&nbsp;l\u2019Electricit\u00e9&nbsp;et de&nbsp;l\u2019Eau&nbsp;Potable (ONEE). This plant will play a key role in improving sanitation for this region of Southern Morocco.\u201d<\/p>\n\n\n\n<p>This in turn led us to find an article on your website about this work when it began in 2017:<\/p>\n\n\n\n<p><a href=\"https:\/\/www.biwater.com\/media\/newsroom\/2017\/biwater-commence-works-on-a-new-project-in-southern-morocco\/\">https:\/\/www.biwater.com\/media\/newsroom\/2017\/biwater-commence-works-on-a-new-project-in-southern-morocco\/<\/a><\/p>\n\n\n\n<p>\u201cBiwater&nbsp;were awarded a contract to deliver vital wastewater infrastructure for the city of Laayoune. The city is home to around 40 percent of the regional population in Southern Morocco, which is otherwise sparsely populated.\u201d<\/p>\n\n\n\n<p>While we respect the&nbsp;work&nbsp;you are doing in the region to bring wastewater infrastructure to the&nbsp;people living there, we think it is important to highlight that this project is in fact not in Southern Morocco&nbsp;but in the area of Western Sahara that Morocco has illegally occupied since 1975. Western Sahara is regarded by the United Nations as a Non-Self GoverningTerritory, which still awaits&nbsp;decolonisation, and one without a legally accepted administering power in place. Its people, the Saharawi, have the right to self-determination &#8211; a right restated in now more than 100 UN resolutions&nbsp;\u2013 but this right has been continuously&nbsp;blocked by Morocco. The war between the Kingdom of Morocco and&nbsp;the&nbsp;Polisario&nbsp;Front&nbsp;has resulted in a military division of the territory and a ceasefire that is being monitored by the UN.&nbsp;<\/p>\n\n\n\n<p>Meanwhile, Morocco continues&nbsp;to extract natural resources from the territory, whilst simultaneously violating&nbsp;the most basic human rights of Saharawi that live under its occupation.&nbsp;The 160,000&nbsp;plus&nbsp;Saharawi refugees that fled&nbsp;after Morocco\u2019s invasion&nbsp;continue&nbsp;to live in&nbsp;difficult&nbsp;conditions in Algerian refugee camps, located in the most inhospitable part of the&nbsp;Sahara desert.&nbsp;<\/p>\n\n\n\n<p>The United Nations, the International Court of Justice and the European Court of Justice all state that Morocco does not have any legal basis, sovereignty or international mandate to administer the territory. Legal opinions from the United Nations, as well as separate court rulings from the European Court of Justice and the High Court of South Africa also state that economic activities in Western Sahara have a paramount legal prerequisite to be fulfilled in order for trade activities inside or affecting occupied Western Sahara to be permissible under international law: consent must be sought from the Saharawi people. This means that the Saharawi people (through their internationally&nbsp;recognised&nbsp;representative, the&nbsp;Polisario&nbsp;Front) must consent to any commercial&nbsp;and development&nbsp;activity taking place on their occupied homeland.&nbsp;<\/p>\n\n\n\n<p>Given all of the above, we&nbsp;would be pleased if your company could answer the following questions:<\/p>\n\n\n\n<p>1.&nbsp;In line with&nbsp;the&nbsp;internationally&nbsp;recognised&nbsp;right to self-determination of the people of Western Sahara, and given the legal requirement of obtaining the prior, free and informed consent of the people of Western Sahara with regard to activities or businesses in their land \u2013 as put forth by several UN Treaty bodies and the European Court of Justice \u2013 what steps has&nbsp;Biwater&nbsp;taken to obtain the consent of the people of Western Sahara through their political representative, the&nbsp;Polisario&nbsp;Front, to build&nbsp;wastewater infrastructure&nbsp;in the occupied territories of Western Sahara?<\/p>\n\n\n\n<p>2.&nbsp;On&nbsp;Biwater\u2019s&nbsp;website,&nbsp;Layounne&nbsp;is described as being a city in Southern Morocco&nbsp;in contradiction of&nbsp;internationally&nbsp;recognised&nbsp;borders that show that&nbsp;Layounne&nbsp;is in Western Sahara. Could you explain why this is the case?<\/p>\n\n\n\n<p>3.&nbsp;Does&nbsp;Biwater&nbsp;agree that Western Sahara is not part of Morocco, and that Western Sahara is a separate and distinct territory, under an ongoing peace and&nbsp;decolonisation&nbsp;process?<\/p>\n\n\n\n<p>4.&nbsp;How has&nbsp;Biwater&nbsp;assessed the ethical and legal risks involved in developing and maintaining a business presence on occupied land?<\/p>\n\n\n\n<p>We believe that it is not in&nbsp;Biwater\u2019s&nbsp;interests to be associated with&nbsp;the continued&nbsp;colonisation&nbsp;and occupation of Western Sahara,&nbsp;by running initiatives that&nbsp;help to&nbsp;legitimise&nbsp;the Moroccan military occupation of the territory, and thus hinder the peace process.<\/p>\n\n\n\n<p>We look forward to hearing from you&nbsp;in response to our questions.<\/p>\n\n\n\n<p>Your sincerely,&nbsp;<\/p>\n\n\n\n<p>Beccy&nbsp;Allen<\/p>\n\n\n\n<p>Trustee,&nbsp;Adala&nbsp;UK<br><a href=\"http:\/\/www.adalauk.org\/\">www.adalauk.org<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>For the attention of:&nbsp; Sir Adrian White,&nbsp; Chief&nbsp;Executive&nbsp;and&nbsp;Chairman,&nbsp;BiwaterBiwater&nbsp;House Station Approach Dorking RH4 1TZ London, 14 May 2019 Re:&nbsp;Biwater\u2019s&nbsp;presence in&nbsp;Western Sahara Dear&nbsp;Sir Adrian, I am writing on behalf of&nbsp;Adala&nbsp;UK, a British NGO focused on documenting human rights violations&nbsp;in the non-self-governing territory of Western Sahara, with regard to&nbsp;Biwater\u2019s&nbsp;activities&nbsp;there. We became aware of your company\u2019s involvement in Western Sahara through a tweet on 29 March this year: \u201c#Biwater&nbsp;was&nbsp;honoured&nbsp;to host Hamdi&nbsp;Ould&nbsp;Errachid, Mayor of Laayoune, at the wastewater treatment facility in Laayoune for the Office National de&nbsp;l\u2019Electricit\u00e9&nbsp;et de&nbsp;l\u2019Eau&nbsp;Potable (ONEE). This plant will play a key role in improving sanitation for this region of Southern Morocco.\u201d This in turn led us to find an article on your website about this work when it began in 2017: https:\/\/www.biwater.com\/media\/newsroom\/2017\/biwater-commence-works-on-a-new-project-in-southern-morocco\/ \u201cBiwater&nbsp;were awarded a contract to deliver vital wastewater infrastructure for the city of Laayoune. The city is home to around 40 percent of the regional population in Southern Morocco, which is otherwise sparsely populated.\u201d While we respect the&nbsp;work&nbsp;you are doing in the region to bring wastewater infrastructure to the&nbsp;people living there, we think it is important to highlight that this project is in fact not in Southern Morocco&nbsp;but in the area of Western Sahara that Morocco has illegally occupied [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/posts\/5626"}],"collection":[{"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/adalauk.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5626"}],"version-history":[{"count":3,"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/posts\/5626\/revisions"}],"predecessor-version":[{"id":5634,"href":"https:\/\/adalauk.org\/index.php?rest_route=\/wp\/v2\/posts\/5626\/revisions\/5634"}],"wp:attachment":[{"href":"https:\/\/adalauk.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adalauk.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adalauk.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}