ACHRS Statement: Moroccan Security Forces Assault Sahrawi Activist

On the 8th of November, Sahrawi human rights defender Sultana Khaya was attacked and sexually assaulted by Moroccan security forces in her home in Boujdour, occupied Western Sahara. The security forces forcibly entered her house and proceeded to physically and sexually assault Khaya, her sister, and her mother. Additionally, Khaya herself was forcibly injected with an unknown liquid.

Khaya has been placed under a de facto house arrest since November 2020, where security forces have upheld heavy presence outside her house. In May 2021, security forces also raided Khaya’s house, assaulted her, attempted to rape her, and raped her sister.

Sultana Khaya is the president of the Sahrawi organisation League for the Defense of Human Rights and against Plunder of Resources. She has regularly participated in peaceful demonstrations for the right to Sahrawi self-determination and against violence towards Sahrawi women.

Sultana Khaya is far from the only Sahrawi activist in occupied Western Sahara, who has been exposed to assault by Moroccan security forces. Between November 2020 and mid-July 2021 alone, Amnesty documented human rights violations against 22 Sahrawi activists, journalists, human rights defenders and minors. These included seven cases of torture or other ill-treatment. There has been an increase in crackdowns against Sahrawis after the November 2020 reassumption of armed conflict between Morocco and the Polisario Front, despite a high level of repression before November 2020.

In 1975, Western Sahara was occupied by neighboring Morocco. This led to a war between Morocco and the Polisario Front, Western Sahara’s independence movement. A ceasefire agreement was brokered between the parties in 1991. The ceasefire promised a referendum on the independence of Western Sahara, facilitated by the UN mission in Western Sahara, MINURSO. Despite the promise for a referendum, it has never taken place. In November 2020, Morocco and Polisario resumed armed conflict after Guerguerat buffer zone confrontations.

The Moroccan security forces’ crackdown on Sultana Khaya and other Sahrawi human rights defenders are clear violations of the right to think, the right to participate and women’s rights. It is a clear violation of Morocco’s obligations under international law.

Torture and other ill-treatment are prohibited under the International Covenant on Civil and Political Rights, Article 7, as well as under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2. These have both been ratified by Morocco. The Moroccan security force’s usage of sexual violence is a violation of the UN Security Council Resolution 1325 on Women, Peace and Security, articles 11 and 12, which is a resolution that Morocco also has ratified. The case is yet another example of how sexual violence is used to repress and silence women activists and is being used as a weapon in the context of conflict and occupation. This furthermore shows a need for a gendered understanding of the repression of activists and human rights defenders.

Likewise, under the UN Declaration on Human Rights Defenders, states should protect anyone against e.g., violence and threats against human rights defenders in the exercise of their human rights. The Moroccan security forces assault against Khaya and other human rights defenders are clear breaches of this declaration.

Furthermore, the UN Mission in Western Sahara, MINURSO is the only UN Mission established since 1978 that does not hold a mandate to monitor the human rights situation. The case of Sultana Khaya and other Sahrawi human rights activists shows the urgency of the inclusion of such a mandate into MINURSO’s framework.

ACHRS strongly condemns the Moroccan security forces’ crackdown and torture, including the usage of sexual violence against Sahrawi human rights defenders. We call on the Moroccan authorities to immediately end Sultana Khaya’s de facto house arrest and the crackdowns on her, independently investigate the matter, and hold relevant officers accountably. We furthermore call on the Moroccan authorities to end all crackdowns on other Sahrawi activists and human rights defenders in compliance with international law and protect Sahrawi activists against future harm. Furthermore, ACHRS calls on the UN Security Council to include a mechanism for the monitoring of human rights violations into the mandate of the MINURSO- mission, and we urge the MINURSO-mission to fulfill its mandate and facilitate a true referendum on the independence of Western Sahara.

Image Source: Sahrawi Association for the Defense of Human Rights and the Protection of Natural Resources