International Law Application: Sole Option for Decolonizing Western Sahara

ALGIERS – Participants in a conference organized on Sunday in Algiers by the National Institute of Global Strategic Studies (INESG) on the Sahrawi issue unanimously affirmed that the application of international law is the only option for decolonizing Western Sahara. They emphasized the ongoing violations of laws by the Makhzen in the region.

Several historians, researchers, and legal experts took part in the 2nd edition of the conference. It was attended by the President of the Sahrawi National Council (CNS), Hama Salama, the Ambassador of the Sahrawi Arab Democratic Republic (SADR) in Algeria, Abdelkader Taleb Omar, and officials from the Polisario Front.

During the conference, participants highlighted Morocco’s attempts to “legitimize” its occupation of Western Sahara by manipulating words and concepts to mislead the international public opinion regarding the Sahrawi cause, which is about decolonization. They stressed that despite Morocco’s pressures, the application of international law remains the only option. They called on the international community to take responsibility and allow the Sahrawi people to exercise their right to self-determination.

According to the CNS President, international organizations hold full responsibility for decolonizing Western Sahara. He underscored the importance of the legal aspect in revealing the plans of the Moroccan occupier and the need to tirelessly work toward applying international legality.

The Sahrawi official also discussed the expansionist ambitions of the Makhzen, not only in Western Sahara but also in Mauritania. He affirmed that “all historical and legal arguments support the legitimacy of the Sahrawi cause.”

He emphasized that “the Sahrawi question derives its legitimacy from international law, and the Sahrawi people are moving towards independence and achieving the required complementarity between the peoples and countries of the region.”

To refute Morocco’s allegations, the Dean of the Law Faculty at “Badji Mokhtar” University (Annaba), Djamel Abdennasser Manaâ, presented a historical exposition titled “Moroccan Regional Allegations on Neighboring Countries.” He detailed the expansionist colonial ideology adopted by Morocco since 1963, despite the fact that “borders are established under international law.”

In the same context, the speaker indicated that “Morocco violates international law through its occupation of Western Sahara territories, plundering its resources, and violating human rights.” He highlighted the consecutive international recognitions of the Sahrawi state since its proclamation, as well as its membership in the AU, despite all Morocco’s attempts to prevent its accession.

Ahmde Kateb, a university lecturer, affirmed that Morocco has pursued a colonizing expansionist ideology since 1963. He noted that “this ideology is based on transgressing international law” and reminded that Morocco’s aspirations are documented in its constitution, mentioning the so-called “true” borders.

During the second conference titled “The Sahrawi Issue in Light of the Resolutions and Decisions of the Court of Justice of the EU,” legal scholar Abdelhakim Aliat provided legal explanations confirming the Sahrawi people’s right to self-determination and refuting Moroccan allegations concerning Western Sahara.

He recalled the two judgments of the CJEU in 2016 and 2021, which invalidated commercial agreements signed between Morocco and the EU that included Sahrawi territories.

Abdelhakim Aliat extensively discussed the significance of the CJEU’s 2021 judgment, which granted legal status to the Polisario Front to represent the Sahrawi people in international courts to assert their rights. He also addressed the “serious lapse” of Spanish Prime Minister Pedro Sanchez regarding the alleged sovereignty of Morocco over Western Sahara, constituting a violation of international law and the right to self-determination.

In line with these views, Sahrawi Ambassador to Algeria, Abdelkader Taleb Omar, indicated in his speech titled “Spanish Reversal on Western Sahara” that Sanchez’s recent stance on the Sahrawi issue is an “individual position” that does not reflect the Spanish state’s stance, which has adopted a positive neutrality towards the Sahrawi cause. He added that “Spain’s responsibility in the Western Sahara conflict is still established under international law and, therefore, it must review its position in accordance with international legality.”

The Sahrawi diplomat stated that “Morocco is waging a proxy war in the region, in addition to its alliance with the occupying Zionist entity,” warning against “deliberate intentions to maintain the status quo in Western Sahara instead of finding a solution to the conflict.”

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