Western Sahara: the force of Law

On December 10, 2020, Donald Trump published a tweet in which he recognized Moroccan sovereignty over Western Sahara. This publication was interpreted in some spaces as “the beginning of the end” of the Sahrawi people’s struggle for self-determination and independence.

Almost four years later, in an international geopolitical context determined by different war scenarios such as the war in Ukraine or the genocide of the Palestinian population, the people of Western Sahara remain determined on their path towards the effective exercise of their legitimate rights.

Moving forward in the chronological line, on March 18, 2022, the letter sent by the President of the Government of Spain to the King of Morocco was made public in which he recognized the Moroccan proposal on Western Sahara as “the most serious, credible and realistic basis.” for the resolution of this dispute.”

However, according to the statements made a few weeks ago by the United Nations Special Envoy for Western Sahara, this position was more of a leap into the void, a totally uninformed act, since that “base plus” the entire United Nations does not considers it explained today, that is, almost three years after the letter sent by the President of the Government to Morocco.

On the other hand, there are many reasons why the criticism of the aforementioned letter was much greater than that caused by Trump’s tweet (and would be much greater than that caused by those made by the French president).

The above is explained, first of all, by the fact that Spain continues to be the administrative power of the Non-Autonomous Territory of Western Sahara. Another of the justifying elements is the fact that the movement of solidarity with the broader Sahrawi people is the one articulated in the Spanish State; which shows that the ties between Spanish and Sahrawi society are indisputable, well-known and very solid (for example, the “Vacaciones en Paz” program).

Likewise, Spanish territory, – for obvious historical reasons – has been (and continues to be) the destination chosen by the Sahrawi population who have been forced, for one reason or another, into a double exile. Choice also largely explained by the existing network of solidarity and the great welcome that society as a whole has always offered to the Sahrawi people.

For this reason, the positioning transferred to Morocco – totally incongruent with the feelings of the citizens – was experienced from an emotional point of view by many people as “Spain’s second betrayal of the Sahrawis.”

However – beyond feelings – there is no tweet, letter or statement that can alter the legal nature of the Western Sahara issue.

Western Sahara remains a Non-Autonomous Territory pending decolonization and as such, all actors on the international political scene have the obligation to contribute to a free and independent Sahrawi Arab Democratic Republic (or at least not hinder its achievement).

An opportune, appropriate and fair moment would have been the recognition of the Sahrawi State by Spain last May, when it recognized the State of Palestine.

However, his Government chose to continue relegating the rights of the Sahrawi people, among other excuses, to a supposed “excellent neighborly relationship.”

Regarding the French case, the formal statements represented the confirmation of an open secret, given France’s political, economic and military support for Morocco in its claims and initiatives related to Western Sahara. Some statements hostile to the Sahrawi people, which were staged during Macron’s visit to Morocco and ratified before the Moroccan Parliament.

In this context, the majority of Member States of the European Union at an individual level, as well as the European Union as a whole, maintain a position aligned with International Law, insisting on the fact – public and notorious, by the way – that It is within the United Nations, through a referendum, the way by which the future of Western Sahara must be decided.

The above is not surprising taking into consideration the rulings handed down by the Court of Justice of the European Union on October 4, which, among other issues, emphasize the obvious distinction between Western Sahara and Morocco as well as the sovereignty of the people of Western Sahara over the natural resources of the territory.

The Court, based on the previous arguments, annulled the agreements between the European Union and Morocco by considering them concluded, violating the right of self-determination of the Sahrawi people and the relative effect of the treaties. Likewise, he recognized, once again, the procedural capacity of the Polisario Front to act, before the Court of the European Union, in defense of the interests of the people of Western Sahara.

However, given the statements made by several institutions of the European Union, after the resounding victory of the Polisario Front, let us hope that the European Union chooses to abide by the decisions of its highest judicial instance and not to resort to legal engineering works to escape. of the obvious.

In this context, therefore, it can be stated that Morocco fails miserably (and increasingly evidently) – although it spends many efforts to pretend otherwise – in convincing of its aspirations, generally, through economic promises.

However, there is no doubt that, against all odds and despite numerous attempts, the Sahrawi people remain determined to fight with full conviction and determination to effectively exercise their right to self-determination and independence.

Bukhari Ahmed (RIP), a great Sahrawi diplomat, summarized this conclusion as follows: “Those who believe that the Sahrawis are going to be victims of the passage of time, do not know the nature of the desert. We may die, others will continue.”

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