Weekend Argus (Saturday Edition)

Western Sahara vindicated in battle with Morocco

-

ON SEPTEMBER 29, the EU Court of Justice annulled the long-standing practice of the EU’s trade and fishery agreements with Morocco in a resounding victory for the Saharawi people.

In the first instance, the court rejected the applicatio­n for inadmissib­ility, in favour of Frente Polisario, by confirming the legal standing – “even if that recognitio­n is confined to the self-determinat­ion process of that territory”. “Furthermor­e, its participat­ion in that process implies that it has the necessary autonomy and competenci­es to act within that context.”

The affirmatio­n of the European Court is not just an indictment on Morocco and its European counterpar­t law-breaker, but a confirmati­on of the independen­ce of the Saharawi people.

The Western Sahara remains the last colony in Africa. Spain was its initial occupier and subsequent­ly it was colonised by Morocco in 1975, upon the withdrawal of Spain.

The Sahrawi people have since been in a struggle for their selfdeterm­ination and freedom.

Despite the conflict having caught internatio­nal attention, and resolution­s by the UN confirming Western Sahara’s right to self-determinat­ion, Morocco persists in its illegal occupation.

Moroccan oppression has resulted in severe human rights violations, political prisoners, violence against women and children, land mineinfest­ed areas, a wall built for separation, and theft of minerals and other resources, including that of phosphate and fisheries, as is the case in this scenario.

Frente Polisario has been given the authority and confirmati­on to represent the Sahrawi people before the European courts, which had not been the case in the past, and such disrespect was refused by the court in their presentati­on that “benefits” cannot replace “consent”.

The court, in its exceptiona­lly decisive ruling, further indicated that the EU’s relations with Morocco were not in any means qualified by default to include the Western Sahara from its broad interactio­ns, which then does not limit the ruling to trade and fisheries, but consent with regard to the territory of the Sahrawi people.

The court in this instance took “the view that, in so far as the agreements at issue apply expressly to Western Sahara and, as regards the decision concerning that Sustainabl­e Fisheries Partnershi­p Agreement, to the waters adjacent to that territory, they concern the people of that territory and require the consent of its people”.

The conflict continues to escalate between Morocco and the Western Sahara in the aim of the Sahrawi Arab Democratic Republic fighting for its self-determinat­ion, as judgments issued previously by the Court of Justice of the EU in 2016 and 2018.

The deliberate disregard by the EU and Morocco in respect of previous judgments was the unscrupulo­us inclusion of the Western Sahara territory as part of the trade and fisheries agreement, to the exclusion of people of Western Sahara, in principle the Polisario Front, and the collusion with allegedly 18 Moroccan operators and politician­s in the advancemen­t of beneficiat­ion with the EU.

In the final analysis, the court concluded that that the applicant “did not sufficient­ly take into account all the relevant factors relating to the situation in Western Sahara and wrongly considered that it had a degree of discretion in deciding whether to comply with that requiremen­t”.

The court was simply confirming that the aggression and colonisati­on of the Western Sahara by Morocco must not be discretion­ary, and emphasised the need for non-invasion and complete liberation of the Sahrawi people.

The recognitio­n of the Sahrawi Arab Democratic Republic’s sovereignt­y and independen­ce is definitive in comprehend­ing that a state must exercise its decisivene­ss in protecting its resources, minerals, waters, land, people and determinat­ion. It cannot be that in a geopolitic­al analysis any invasion for the purposes of enriching self-imposed colonisati­on by Morocco will go without facing the consequenc­es of internatio­nal law.

It is the might of justice and fairness that prevailed in the ruling of the European Court of Justice that must be celebrated and implemente­d.

There is no legality in the actions of Morocco.

Morocco continues to demonstrat­e that theft of resources and abuse of the SADR sovereignt­y as a state is blatant disregard for the principles enshrined not only in the Constituti­ve Act of the AU, internatio­nal instrument­s and institutio­ns but internatio­nal law.

The European Court of Justice rejected this and, in my view, sees such invasion as an act of terror against the Western Sahara.

Despite numerous courts internatio­nally having found Moroccan vessels in possession of the resources of the Western Sahara to be illegal, Morocco has demonstrat­ed no corrective measures.

The need for a referendum and the realisatio­n of complete independen­ce of the Western Sahara is long overdue. It is, however, clear that the courts have confirmed that victory is certain.

 ?? ?? MAGDALENE MOONSAMY A member of the South African Chapter of the Sahawari Solidarity Forum.
MAGDALENE MOONSAMY A member of the South African Chapter of the Sahawari Solidarity Forum.
 ?? EPA ?? A SAHRAWI soldier carries a flag of the Democratic Arab Republic of Sahara during a parade in Tifariti in the liberated territorie­s of Western Sahara. The Sahrawi people have been in a struggle for their self-determinat­ion and freedom since 1975. |
EPA A SAHRAWI soldier carries a flag of the Democratic Arab Republic of Sahara during a parade in Tifariti in the liberated territorie­s of Western Sahara. The Sahrawi people have been in a struggle for their self-determinat­ion and freedom since 1975. |

Newspapers in English

Newspapers from South Africa