106. Reiterates the concerns of the unofficially leaked 2006 OHCHR report, about restrictions on freedom of speech, assembly and association in Western Sahara; notes Morocco’s claim to allow sit-in demonstrations and other forms of protest; regrets Morocco’s apparent institutional obstruction of NGOs advocating a pro-independence position by preventing their legal registration and recognition, which is necessary to advocate effectively in their communities; condemns the often severe punishments for ‘undermining Moroccan territorial ...[+++] integrity’, an item of legislation reportedly used to target Sahrawis peacefully advocating independence; recalls the findings of the UN Independent Expert on cultural rights that the Moroccan authorities suppress certain aspects of Sahrawi culture; repeats the UN Independent Expert’s call to overturn such measures and to promote full cultural diversity; notes positively, in this connection, the provisions on respect for cultural rights that have been included in the new Moroccan constitution; welcomes the setting-up of a dedicated Sahrawi television station; encourages strongly the full implementation of these provisions;

– guaranteeing political rights and freedoms by discontinuing the practice of politically motivated acts of intimidation, in particular dismissals from jobs and universities; stopping prosecutions for allegedly avoiding military service of students who have been expelled from universities for their civic stance and are being forced to obtain their education abroad; and reviewing all the cases of forcible conscription which have violated the legal rights of several young activists, such as Franak Viačorka, Ivan Šyla and Zmiter Fedaruk, and which are tantamount to State-practised hostage-taking;

guaranteeing political rights and freedoms by discontinuing the practice of politically motivated dismissals from jobs and universities; stopping persecution for avoiding military service of students expelled from universities for their civic stance; reviewing the recent cases of the forcible army conscription of several young activists, such as Franak Viačorka, Ivan Šyla and Zmiter Fedaruk, which is tantamount to state-practised hostage taking;

In such cases, any abusive conduct in the "emerging" market would normally be dealt with under Article 82 of the EC Treaty.

Whereas the Court of Justice has stated that, in some of its features, legislation under which such benefits are granted is akin to social assistance in that need is an essential criterion in its implementation and the conditions of entitlement are not based upon the aggregation of periods of employment or contributions, whilst in other features it is close to social security to the extent that there is an absence of discretion in the manner in which such benefits as are provided thereunder are awarded and in that it confers a legally defined position upon bene ...[+++]ficiaries;

2. A Member State may permit a positive consolidation difference to be immediately and clearly deducted from reserves.