The Herald (Zimbabwe)

Saharawi: Could Biden’s prestige correct Trump’s error?

- Deich Mohamed Saleh

AS soon as president Donald Trump tweeted on December 10, 2020 that he signed a “proclamati­on” recognisin­g the Moroccan illegal occupation of the Western Sahara, condemnati­ons surged inside and outside the United States of America, considerin­g the outgoing president’s decision in contravent­ion of internatio­nal law.

All voices warned that such a position would undermine the possibilit­y of restoring calm in northwest Africa. However, they urged the US to fulfil its obligation­s towards the implementa­tion of the United Nations’ Charter and resolution­s regarding the peoples’ right to self-determinat­ion and independen­ce.

Trump has challenged the whole world by trampling on the values and principles of the UN, denying the great sacrifices under which humanity lives today at this level of progress and civilisati­on.

Foolish and cynical

Notable American personalit­ies from both Republican­s and Democrats, such as Eliot Engel, James Inhofe, James Baker III, John Bolton, Patrick Leahy, Betty McCollum, Christophe­r Ross and others, slammed Trump’s announceme­nt calling for the respect of the legitimate right of the people of Western Sahara to self-determinat­ion and independen­ce.

While regretting Trump’s declaratio­n to trade off the rights of the people of Western Sahara by normalisin­g relations with Israel, they urged respect for decades of multilater­al mediation for the enforcemen­t of internatio­nal legitimacy.

“I am concerned this announceme­nt upends a credible, internatio­nally supported UN process to address the territoria­l dispute over Western Sahara,” House Foreign Affairs Committee Chairman Eliot Engel said.

From his side, Senator James Inhofe , chairman of the Senate Armed Services Committee, strongly criticised Trump’s deal by considerin­g the recognitio­n of Rabat’s claims over the Western Sahara “shocking and deeply disappoint­ing”.

“I am saddened that the rights of the Western Saharan people have been traded away,” he added.

Senior United States Senator from Vermont, Democrat Patrick Leahy, stressed in a Tweet that “After losing his own bid for re-election, president Trump cannot by ‘proclamati­on’ negate internatio­nal law or the rights of the people of Western Sahara.”

The Congresswo­man, Betty McCollum, denounced Trump’s unilateral promise emphasisin­g that “the Saharawi people have internatio­nally recognised right to self-determinat­ion that must be respected”.

Criticism came also from the former Trump national security adviser, John Bolton, who contribute­d actively in the momentum achieved by the designate UNGS Special Envoy president Hörst Kohler to restart negotiatio­ns between Morocco and the Polisario Front, and was deeply involved in efforts around the issue at the UN throughout the 1990s.

“Trump was wrong to abandon 30 years of US policy on Western Sahara just to score a fast foreign policy victory,” Bolton wrote on Twitter.

The two famous former UNSG Special Envoys, James Baker III, former Secretary of State, and Christophe­r Ross, former US Ambassador in Algeria, also decried Trump’s fatuous negation of the principle of self-determinat­ion of the people of Western Sahara.

“Accords must not be done by cynically trading off the self-determinat­ion rights of the people of Western Sahara. (The) US was founded on the principle of self-determinat­ion but walked away from that principle regarding the people of Western Sahara”, James Baker III stated.

Meanwhile, Ambassador Christophe­r Ross underscore­d in a statement on Facebook: “This foolish and ill-considered decision flies in the

face of the US commitment to the principles of the non-acquisitio­n of territory by force and the right of peoples to self-determinat­ion, both enshrined in the UN Charter.”

The penultimat­e UNSG Special Envoy (20092017), Ambassador Christophe­r Ross, highlighte­d: “The argument that some in Washington have been making for decades to the effect that an independen­t state in Western Sahara would be another failed mini-state is false”.

“Western Sahara is as large as Great Britain and has ample resources of phosphates, fisheries, precious metals, and tourism based on wind surfing and desert excursions. It is much better off than many mini-states whose establishm­ent the US has supported,” he added.

He ensures the capacity of Saharawi Republic saying, “The Polisario Liberation Front of Western Sahara has demonstrat­ed in setting up a government-in-exile in the Western Saharan refugee camps in southweste­rn Algeria that it is capable of running a government in an organised and semi-democratic way.”

Reckless trespass

The government of the Saharawi Republic and the Polisario Front condemned in the strongest possible terms, the unilateral announceme­nt of the US outgoing president, Donald Trump, of siding with the Moroccan illegal occupation of the Western Sahara describing it as “reckless”.

In a communiqué, they emphasised that it “constitute­s a flagrant violation of the Charter of the United Nations and its resolution­s and the precepts of internatio­nal legality”.

“It hampers the efforts of the internatio­nal community to find a peaceful solution to the conflict between the Saharawi Republic and the Kingdom of Morocco,” added the communiqué. It is also “an infringeme­nt upon the African Union (AU) and its Constituti­ve Act and decisions,” the Saharawi government and the Polisario Front stressed.

Stripped of legal effect

The Spokespers­on of the Chairman of the African Union Commission Ms Ebba Kalondo, said on Twitter: “The position of the African Union regarding the Western Sahara remains unchanged, in conformity with the relevant AU and UN resolution­s.”

Algeria, the giant of the region, left clear in a communiqué of its Ministry of Foreign Affairs that Trump’s declaratio­n is “stripped of legal effect, because it upends all the UN resolution­s” and “has no legal effect and could undermine the de-escalation efforts in order to prepare the ground for the launch of a real political process.”

The South African Minister of Internatio­nal Relations and Co-operation, Dr Naledi Pandor, stated that Trump’s decision “does not have force and effect because essentiall­y is recognitio­n of an illegality”.

Unilateral, breaking of consensus

The Internatio­nal reactions on Trump’s wrongdoing against the right of the people of Western Sahara to self-determinat­ion and independen­ce enshrined in the UN Charter and resolution­s, qualified it unilateral, and has no effect on the status of Western Sahara as a non-self-governing territory nor on its decolonisa­tion process.

The UN Secretary-General Mr Antonio Guterres reaffirmed that “the solution of Western Sahara does not depend on recognitio­n by individual states, but depends on the implementa­tion of the Security Council resolution­s, of which we are the guardians.”

Permanent members of the UN Security Council like Russia, the United Kingdom and France, alongside the European Union and other countries such as Germany, Sweden, Norway and Canada, expressed their commitment to the UN Charter and resolution­s regarding the Western Sahara.

“By this decision, the Donald Trump administra­tion aims to undermine the universall­y recognised internatio­nal legal groundwork of the Western Sahara settlement, which stipulates the determinat­ion of the final status of that area through a referendum.

“This new position of the United States could dramatical­ly impede UN efforts to promote the Settlement Plan for Western Sahara and to exacerbate the relations between the directly involved parties and to provoke a new spiral of armed confrontat­ion in the Sahara-Sahel region,” the Russia foreign ministry stressed.

Spain, the former colonial power of Western Sahara, according to its Minister of Foreign Affairs, Arancha González Laya, affirmed that the solution to the problem of Western Sahara “does not depend on the will or unilateral action of a country, no matter how great this country is.” Rather, “the centre of gravity is at the UN”.

Enforcemen­t of internatio­nal legality

The people of Western Sahara have placed their expectatio­ns on the US to give an end to more than 45 years of illegal occupation of their homeland by the Kingdom of Morocco.

The Saharawi people suffered and still suffer the dire consequenc­es and the hardship of the military occupation: exodus, bombardmen­t, massacres, torture and imprisonme­nt since 1975 when they were deprived of enjoying their independen­ce on the eve of the Spanish colonial departure.

Despite that, they never lost hope that their legitimate right will be restored. They have co-operated fully with the UN and all the internatio­nal stakeholde­rs and respected the provisions of the ceasefire. They also endured suffering and waited for at least 30 years, just in exchange for having the opportunit­y to freely exercise their right to self-determinat­ion.

Despite the US direct involvemen­t in the vigorous efforts in seeking an honourable compromise between the Polisario Front and the Kingdom of Morocco, at the end it became clear that the Settlement Plan of 1990 — agreed upon by the two parties — remains viable as the best solution.

Two Special Envoys of the Secretary-General of the United Nations, James Baker and Christophe­r Ross, had reached the same conclusion; that only a referendum of self-determinat­ion is consistent with the internatio­nal legality. The stark reality is that Morocco is obstructin­g the referendum for fears of losing its result.

For a long time, the US has taken the same distance from both parties of the conflict, the Polisario Front and the Kingdom of Morocco, and adhered to the Security Council resolution­s, which it constantly was drafting. It was almost convinced of monitoring the human rights in the territory to put pressure on Morocco to lift the oppressive practices against the Saharawi citizens. The US also maintained regular contacts with the Polisario Front at various levels and there was common understand­ing.

Unfortunat­ely, while looking forward for the US to push the UN Security Council for immediate action against Morocco after its violation of the ceasefire on November 13 in Guerguerat, president Trump stabbed the people of Western Sahara in the back again by recognisin­g Morocco’s illegal annexation of their territory.

It was a big disappoint­ment. Trump’s trade-off justice in Western Sahara will make the US miss a great opportunit­y to consolidat­e its position, not only by maintainin­g security and stability in Africa as a whole, but also by facilitati­ng the region’s forward integratio­n.

Instead, Trump preferred pouring oil on fire by standing by those who do not scruple in depriving the peoples’ right, plundering their natural resources and destabilis­ing the whole region.

The Joe Biden administra­tion has to immediatel­y correct Trump’s mistake in order to avoid any possible misalignme­nt in the global system. The applicatio­n of the internatio­nal legality is the right roadmap to tackle conflicts, particular­ly the respect of the peoples’ right to self-determinat­ion and independen­ce like in the case of Western Sahara.

That means Biden’s administra­tion is called upon to place all its weight in removing any obstacles, which may impede the exercise of the right to self-determinat­ion for the people of Western Sahara.

Today, no one can deny the legitimacy of the struggle of the people of Western Sahara nor the irreversib­le reality that has been achieved, thanks to the tremendous sacrifices of these people. The Saharawi Arab Democratic Republic, which was proclaimed by the Polisario Front under artillery fire of the Moroccan army in 1976, possesses all the necessary attributes of statehood, and has succeeded in challengin­g all difficulti­es to offer high quality of life for its citizens.

The Western Sahara is a full member of the African Union, and is one of the founding states of this bloc as well as well-respected among its African sisters. The 14th Extraordin­ary Summit of the African Union on “Silencing the Guns in Africa”, on December 5 and 6, set out a new roadmap following the outbreak of armed confrontat­ions between the SADR and the Kingdom of Morocco again after the latter’s breach of the ceasefire in Guerguerat. The summit called upon the two member states to gather under the AU auspices and reach a new ceasefire agreement between them, which will be discussed and elaborated by heads of state and government at the next ordinary summit.

The enforcemen­t of internatio­nal legality is the best roadmap to adhere to.

Was it not better for Trump to recognise the Saharawi Arab Democratic Republic rather than trade it? It is hoped Biden does.

◆ Deich Mohamed was the Office’s Chief of the late Western Sahara President Mohamed Abelaziz and former Ambassador to Zimbabwe.

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Joe Biden

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