After Advocate General’s Conclusions at European Court of Justice, Polisario Emphasizes Sahrawi People’s Sovereignty Over Their Natural Resources
BY: Dr. Hana Saada
ALGIERS- In a recent press release, the Front Polisario has highlighted substantial advancements in affirming the sovereignty of the Sahrawi people over their natural resources, echoing the conclusions put forth by the Advocate General, Tamara Capeta, before the European Court of Justice on Thursday, March 21st, regarding the matter of natural resource management.
The Advocate General, Tamara Capeta, issued a series of conclusions addressing various issues concerning the Sahrawi people’s right to self-determination and independence, particularly focusing on the Sahrawi origin of agricultural products from the occupied Western Sahara, fishing agreements, and the extension of preferential treatment between the European Union and Morocco, which were invalidated by the court in September 2021.
Regarding the origin of agricultural products (Case C-399/22), the Advocate General underscored the distinct status of Sahrawi territories, asserting that products, such as watermelon and tomatoes from the Western Sahara must bear labels indicating their origin from this region, rather than being falsely attributed to Morocco.
In the realm of fishing agreements (Cases C-778/21 P and C-798/21 P), the Advocate General rejected appeals from the Council and the Committee, as they failed to recognize the Sahrawi people’s right to self-determination, thereby contradicting the principle established by the Court’s historic ruling on December 21st, 2016.
Addressing the issue of extending preferential customs treatment to products, the Advocate General acknowledged the legal personality of the Sahrawi people under international law, affirming their right to self-determination and recognizing the Front Polisario’s authority to take legal action to safeguard the regional integrity of Western Sahara. However, she raised concerns about the potential implications of the court’s decision to annul the agreement, as other obligations arising from the right to self-determination might still be relevant.
In conclusion, the Front Polisario acknowledged the positive developments in the case, despite the complexities highlighted by the Advocate General’s opinion regarding Morocco’s managerial role in the region, which contradicts previous rulings by the European Court of Justice and established principles of international law governing decolonization.
The Front Polisario emphasized that the matter pertains to the conclusions drawn by the Advocate General and not the awaited decision of the court, reaffirming the Sahrawi people’s sovereignty over their natural resources and their inalienable right to self-determination and independence, amidst the distinct and separate status of Western Sahara vis-à-vis Morocco.
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