Financial Crime World

Western Sahara: Compliance Risk Assessment Tools Crucial for Businesses Operating in Disputed Territory

The disputed status of Western Sahara, governed by Morocco, has created a complex legal landscape that poses significant compliance risks for businesses operating in the region. A comprehensive risk assessment is essential to ensure that companies are meeting their obligations and mitigating potential liabilities.

Health and Safety Laws in Western Sahara

The Moroccan government’s laws and regulations, including those related to health and safety, apply in the areas under its control. International Humanitarian Law (IHL) principles, such as the protection of civilians and medical facilities, are also crucial considerations in a region with a history of conflict.

Key Areas of Health and Safety Legislation

  • Public Health: Hospitals, clinics, and healthcare facilities are present in Western Sahara, but resources might be limited, especially outside major cities. Measures to prevent and control outbreaks of infectious diseases are likely in place, although their effectiveness may vary.
  • Environmental Protection: The exploitation of natural resources raises environmental concerns. Relevant laws and regulations are likely a mix of Moroccan legislation and potentially pre-existing Sahrawi regulations.
  • Food Safety: Food safety standards are likely based on Moroccan frameworks, but enforcement could be inconsistent.

Challenges and Considerations

  • The capacity to enforce health and safety regulations may be limited in some areas of Western Sahara.
  • Past and potential future conflicts could negatively affect the healthcare system and overall safety.
  • Reliable information on specific health and safety laws is difficult to obtain due to the political situation.

Occupational Health and Safety

  • Occupational health and safety risks are significant in Western Sahara, particularly in high-risk industries such as mining.
  • Companies must conduct regular risk assessments and implement measures to mitigate potential hazards.

Workplace Inspections

  • The frequency and scope of workplace inspections vary depending on the authority responsible for conducting them.
  • Under Moroccan control, regulations dictate inspection frequency and criteria for inspections. In areas under Polisario Front control, information is limited, and enforcement mechanisms may be weaker.

Recommendations

  • Employers should adopt a proactive approach to safety, conducting internal inspections and prioritizing high-risk areas.
  • Best practices for workplace inspections should be followed, even if local regulations are less stringent.
  • Consultation with local partners and NGOs can help understand inspection practices and potential gaps in the specific context.

Workplace Accidents

  • The process of reporting and investigating workplace accidents is complex and governed by a developing legal framework.
  • Employers must notify relevant authorities immediately and conduct internal investigations. External or independent investigations may be recommended for significant accidents to ensure impartiality.

Compensation Claims

  • Seeking compensation for workplace injuries or fatalities can be challenging due to the fragmented regulatory landscape.
  • Injured workers or their families may need to file legal claims against employers to seek compensation, which can be difficult to navigate without legal representation and support.

International Organizations and NGOs

  • International organizations and NGOs play a crucial role in pushing for improved workplace safety standards and compensation mechanisms in Western Sahara.
  • Businesses operating in the region must prioritize compliance risk assessments and implement measures to mitigate potential liabilities.