Morocco’s Breach of African Union Laws: A Critical Examination of Systemic Violations and Their Impact on Continental Unity

✏️ BY: Dr. Hana Saada

Algiers, Algeria | August 30th, 2024 —  Recent events have cast a harsh spotlight on the African Union (AU) as it grapples with Morocco’s repeated violations of its regulations. Morocco’s actions have raised serious concerns about the AU’s ability to enforce its foundational principles and maintain its unity. The situation has escalated to a critical level, demanding a thorough evaluation of Morocco’s conduct and its repercussions for continental solidarity.

Morocco’s Disregard for AU Regulations: A Disturbing Pattern

Morocco’s recent behavior within the AU has been deeply troubling. Despite its formal admission as a member, Morocco has been accused of systematically flouting key provisions of the AU’s legal framework. Carlos Ruiz Miguel, Professor of Constitutional Law at the University of Compostela, argues that Morocco’s membership status is fundamentally flawed. According to Miguel, Morocco’s “return” to the AU lacks legal clarity, as it was not a member of the AU in its current form but rather of its predecessor, the Organization of African Unity (OAU), from which it withdrew in 1984.

Miguel further asserts that Morocco’s primary goal in seeking AU membership was to undermine the legitimacy of the Sahrawi Arab Democratic Republic (SADR). Morocco aimed to influence member states to retract their recognition of the SADR and to obstruct its participation in AU affairs. However, legal experts contend that the AU’s founding charter does not permit the expulsion of members or non-member states. Therefore, Morocco’s attempts to expel the SADR or amend the AU’s legal framework to achieve this aim have been ineffective.

Systemic Violations: Morocco’s Contradiction of AU Principles

Morocco’s actions have raised significant questions about its adherence to the AU’s legal framework. Gabriel F., a visiting professor at various European institutions, underscores Morocco’s numerous breaches of the AU’s founding principles. Notably, Morocco is accused of violating Article 3 of the AU’s Constitutive Act, which mandates respect for national sovereignty and territorial integrity. This is particularly concerning as Morocco occupies territory belonging to a member state, the SADR, contravening the principle of respecting national borders established at independence.

Moreover, Morocco is breaching Article 4 of the Constitutive Act, specifically sub-articles (b) and (e), which emphasize respect for borders and the prohibition of force among member states. Such violations contradict the AU’s commitment to peace and stability on the continent.

Implications for AU Integrity and Functionality

The impact of Morocco’s actions on the AU’s integrity is profound. The persistent breaches of AU regulations not only undermine the union’s credibility but also jeopardize its operational effectiveness. The AU’s tolerance of these violations has led to a significant erosion of its legitimacy and cohesion. This laxity has prompted other member states to engage in similarly questionable practices, such as establishing consulates in occupied territories, further aggravating the crisis.

The AU’s failure to address these issues raises serious concerns about its dedication to enforcing its legal framework. The union’s inaction regarding Morocco’s breaches and unauthorized consulates reflects a troubling trend of regulatory laxity that could ultimately fracture its unity.

A Call for Immediate Action

The AU stands at a critical juncture. To restore its credibility and effectiveness, it must take decisive action against Morocco’s ongoing violations and uphold its regulations with consistency. The AU must address illegal activities conducted by member states and reaffirm its authority in preserving the integrity of its foundational principles. Failure to act could lead to the AU’s fragmentation and a loss of confidence among its members and international partners.

In summary, the AU’s response to Morocco’s breaches will be pivotal in defining its future. The organization must confront this challenge head-on, demonstrating its commitment to the rule of law, respecting its principles, and maintaining its role as a cornerstone of continental unity and stability.

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