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Governor Drif made clear why authorities routinely refuse to permit such events:
The ASVDH asked for permission to hold a demonstration. But they
have no legal status, so who would be responsible for what happens?
Basically, there are three reasons why demonstrations are broken up:
when we know they [demonstrators] are directed and financed by the
Polisario, when the demonstration is not legally authorized, and when
there is a risk of violence.
Governor Drif claimed that authorities would permit “pro-separatists” to hold a
demonstration if it were limited strictly to human rights issues. This claim seems
disingenuous. First, only recognized associations are entitled to submit the legal
notification necessary for an upcoming demonstration, and authorities have
legalized no organizations, including human rights organizations, suspected of
being run by persons with a “pro-separatist” agenda. The governor said:
For CODESA and the ASVDH, the problem is that their founding
statutes do not respect the Constitution of Morocco. Their work must
be within the framework of the Constitution. If they present an
application for legal recognition that conforms to the law, like the
AMDH or the OMDH did, then they will be approved. They must first of
all renounce the Polisario line.
The authorities have wide discretion and use it to ban demonstrations whenever
they suspect the organizers of favoring Sahrawi independence. They do so by
labeling organizations and gatherings as “pro-Polisario,” by denying associations
the legal status they need in order to submit the legal notification of public
gatherings, and by determining that demonstrations “threaten the public order.”
Activists still stage impromptu “illegal” demonstrations but on a small scale and
infrequently.
Occasional Protester Violence Cannot Justify Broad Bans on the Right of Assembly
Moroccan authorities accuse Sahrawi political activists of inciting or condoning
violence as part of the public protests they organize, in order to provoke a response
93 Human Rights Watch December 2008