European Court of Justice Confirms Fishing Agreement Does Not Apply to Waters of Western Sahara, Asserts Territory is Not Part of Morocco
BY/ Hana Saada
ALGIERS- The ruling by the European Court of Justice marks a significant development regarding the fishing agreement between the European Union and Morocco. The court’s decision clarified that the scope of this agreement does not encompass the waters of Western Sahara. In its ruling, the court stressed that Morocco’ sovereignty is limited to the waters surrounding its own lands or falling within its exclusive economic zone.
This ruling highlights the importance of adhering to international law and respecting the rights of the people of Western Sahara. It reinforces the principle that any agreements or activities in the region should be conducted in accordance with the principles of self-determination and the United Nations’ efforts to find a just and lasting solution to the Western Sahara conflict.
The European Court of Justice’s ruling also underscores the need for clear and unambiguous language in international agreements to prevent disputes and ensure compliance with legal frameworks. As such, it serves as a reminder to all parties involved in territorial and maritime disputes to carefully consider the legal implications of their actions.
The ruling is expected to escalate tensions between Brussels and Rabat, as the European Court unequivocally stated that Western Sahara is not part of Morocco. The court’ statement read, “Given the fact that Western Sahara is not part of the Kingdom of Morocco, the waters surrounding the territory of Western Sahara are not considered within the Moroccan fishing area covered by the fishing agreement.”
The Western Sahara Campaign, an independent organization advocating for the self-determination rights of the Sahrawi people, had filed a complaint with a British court against the European-Moroccan fishing agreement. The case was subsequently referred to the European Court of Justice for legal advice, leading to this landmark decision recognizing Western Sahara’s distinct status.
The British court is expected to make its ruling based on the legal advice provided by the European Court of Justice, potentially setting a precedent for future cases related to Western Sahara’s sovereignty.
Khaled Al-Gharabli, an international affairs specialist and France 24 journalist, highlighted the far-reaching consequences of this decision, both politically and economically. From a political standpoint, the ruling strengthens the Sahrawis’ position in pressuring the United Nations to take a more active role in resolving the conflict. The recent appointment of a new envoy for MINURSO indicates the UN’s commitment to advancing negotiations between the conflicting parties.
Economically, Al-Gharabli explained that the ruling is a blow to both Morocco and the European Union. Since 2007, fishing vessels had been operating in the waters off the occupied territories of Western Sahara. However, with the European Court’s ruling, these vessels will no longer be authorized to fish in those areas. The decision poses a considerable loss for both Morocco and the European Union.
Regarding the possibility of renegotiating the fishing agreement, Al-Gharabli strongly believes that renegotiating the fishing agreement between Morocco and the European Union appears to be a challenging prospect. The European Union has been reaping benefits from the fish resources harvested off the coasts opposite Morocco, despite only receiving approximately 10 percent of the total catch. Meanwhile, a staggering 90 percent of the fish resources originate from the coasts of the occupied Western Sahara, spanning a considerable length of 1,200 km. Given these circumstances, Khaled argues that it is economically unviable for the European Union to seek a renegotiation of fishing rights off the coast of the Kingdom of Morocco, as it would not yield favorable outcomes for their interests.
