Compliance Risk Assessment in Western Sahara: A Challenging Terrain
Western Sahara, a disputed territory controlled by Morocco, presents unique challenges for businesses operating in the region. The lack of self-governance and conflicting claims of sovereignty create an uncertain legal framework, making compliance risk assessments crucial for companies seeking to operate safely and sustainably.
Health and Safety Laws
International law and Moroccan regulations both play a significant role in shaping health and safety laws in Western Sahara. Hospitals, clinics, and healthcare facilities are present, but resources may be limited outside major cities. Environmental concerns arise from the exploitation of natural resources, with unclear regulations on environmental impact assessments for development projects.
Key Challenges:
- Limited healthcare resources outside major cities
- Unclear regulations on environmental impact assessments
- Conflicting claims of sovereignty
Occupational Health and Safety
Occupational hazards vary depending on sectors, including exposure to dust, chemicals, noise, and potential accidents in mining; risks associated with working at sea, including drowning and injuries from machinery in fishing; construction-related injuries in building; and heat stress and injuries from machinery in agriculture. Employers must conduct hazard identification and risk assessments, implement safety controls, provide training, and maintain health monitoring for workers exposed to specific hazards.
Key Risks:
- Exposure to dust, chemicals, noise, and potential accidents
- Drowning and injuries from machinery at sea
- Construction-related injuries
- Heat stress and injuries from machinery in agriculture
Workplace Inspections
Inspections are critical in maintaining a safe work environment. The Moroccan framework outlines procedures, including identifying potential hazards, verifying compliance with safety standards, and encouraging employers to improve their safety practices. However, information on inspection processes under the Polisario Front is limited, and enforcement may be weak.
Key Considerations:
- Conducting regular internal inspections
- Adhering to internationally recognized standards for workplace inspections
- Consulting with local partners and NGOs to understand inspection practices
Recommendations
Businesses operating in Western Sahara should prioritize due diligence on occupational health and safety risks, conduct internal inspections, and adopt a proactive approach to safety. Employers should also follow internationally recognized standards for workplace inspections and consult with local partners and NGOs to understand inspection practices and potential gaps within the specific context.
Key Recommendations:
- Conduct regular risk assessments
- Implement safety controls and provide training
- Maintain health monitoring for workers exposed to specific hazards
- Adopt a proactive approach to safety
Workplace Accidents
The process of reporting and investigating workplace accidents in Western Sahara is developing, with employers expected to notify relevant authorities immediately and conduct internal investigations. Government agencies or independent investigators may also be involved in significant cases. Compensation claims can be complex, involving insurance policies, direct negotiation, or legal action.
Key Considerations:
- Reporting and investigating workplace accidents
- Notifying relevant authorities immediately
- Conducting internal investigations
Conclusion
Operating in Western Sahara requires a thorough understanding of the complex regulatory landscape and compliance risks. Businesses must prioritize health and safety, conduct regular risk assessments, and adhere to international standards for workplace inspections and accident investigations. As the territory’s status remains disputed, international organizations and NGOs may play a crucial role in pushing for improved workplace safety standards and compensation mechanisms.
Key Takeaways:
- Prioritize health and safety
- Conduct regular risk assessments
- Adhere to international standards
- Consult with local partners and NGOs
Sources
- International Labor Organization (ILO)
- Moroccan government regulations
- Polisario Front documents
- Industry reports and case studies