IN a landmark decision, one of Africa’s smallest nations, Western Sahara, has secured a significant political and economic triumph. The European Court of Justice (ECJ) has ruled that European Union trade deals with Morocco violated Western Sahara’s right to self-determination, marking a pivotal moment in the region’s long-standing territorial dispute.
Court Ruling
On Friday, the ECJ issued a statement declaring that the European Commission had breached the rights of self-determination of the people in Western Sahara through its trade agreements with Morocco. This ruling comes as the final verdict after several appeals by the Commission, effectively nullifying the fishing and agriculture agreements signed between the EU and Morocco in 2019, which controversially included products from Western Sahara.
Historical Context
The roots of this conflict trace back to 1975 when Spain, the colonial power, withdrew from the Spanish Sahara. The withdrawal was carried out in accordance with the Madrid Accords, signed under the pressure of Morocco’s Green March. While Spain transferred administrative control of the territory to Morocco and Mauritania, it did not confer sovereignty.
Since then, Western Sahara has been at the centre of Africa’s longest-running territorial dispute. The conflict erupted immediately after Spain’s departure, with Morocco moving to annex the resource-rich territory.
Current Status and International Recognition
Today, sovereignty over Western Sahara remains hotly contested between Morocco and the Polisario Front, a liberation movement representing the indigenous Sahrawi people. The United Nations classifies Western Sahara as a “non-self-governing territory,” highlighting its unresolved legal status.
The Polisario Front has established the Sahrawi Arab Democratic Republic (SADR) as a government-in-exile. As of September 2022, the SADR is recognized by 46 out of 193 United Nations member states. However, the recognition landscape has been fluid:
– At various points, 84 UN member states have recognized the SADR, though 38 have since “frozen” or “withdrawn” recognition.
– The SADR has been recognized by 43.5% of UN member states at some point.
– Within the African Union, 38 out of 54 member states (70%) have recognized the SADR.
– In the Organisation of Islamic Cooperation, 18 out of 57 member states (32%) have recognized the SADR.
– Among Arab League members, 5 out of 22 states (23%) have recognized the SADR.
It’s worth noting that some states, while not recognizing the SADR as a sovereign state, do acknowledge the Polisario Front as the legitimate representative of the Western Sahara population.
Implications of the Ruling
This ECJ decision represents a significant victory for Western Sahara and the Polisario Front in their quest for self-determination. It challenges the longstanding economic arrangements between the EU and Morocco that have included Western Saharan resources without the explicit consent of its people.
The ruling is likely to have far-reaching consequences for international trade agreements involving disputed territories and could set a precedent for similar cases worldwide. It also puts pressure on the EU to reassess its relationship with Morocco and its approach to the Western Sahara conflict.
As this story develops, it remains to be seen how the EU, Morocco, and other international actors will respond to this landmark ruling, and what it will mean for the future of Western Sahara and its people. The complex web of international recognition and the ongoing dispute over sovereignty add layers of complexity to an already intricate geopolitical situation.