Seven Years After Morocco’s Joining African Union: Aspirations Turn Into Real Absurdity
BY: Dr. Hana Saada
ALGIERS- As Morocco commemorates seven years since its accession to the African Union on January 31, 2017, it is evident that the lofty ambitions it harbored have failed to materialize. The Kingdom’s initial aspirations aimed at sidelining the Sahrawi Republic and diluting the unified African voice, as highlighted by Sahrawi diplomat Ambassador Mohamed Limam Mohamed Ali Sid El Bashir in the following analysis.
After a challenging journey, Morocco joined the African Union by signing and unreservedly ratifying the Constitutive Act of the African Union through Royal Decree No. 1-17-02 on January 31, 2017. In this decree, the Moroccan government explicitly acknowledged adherence to the foundational principles of the African Union, including respect for existing borders post-independence (Paragraph B of Article 4). Morocco thereby implicitly recognized that Western Sahara is not part of its territory and acknowledged the existence of the Sahrawi Arab Democratic Republic as a founding member of the African Union.
It is crucial to note that Morocco, after persistent and desperate attempts to undermine the stability of the African Union, eventually accepted the reality by endorsing the ratification of the Constitutive Act of the African Union without any reservations regarding the status of the Sahrawi Arab Democratic Republic. Simultaneously, Morocco continued to deceive its citizens with the false promise that it would not abandon its efforts to isolate the Sahrawi Republic from the African Union.
The Gamble to Exclude Western Sahara from the African Union is Mission Impossible
Morocco’s claim that its membership in the African Union was a clever tactical move to amend or revise the principles of the Constitutive Act of the African Union is a figment of imagination. The objectives of these principles remain the foundational pillars upon which our continental organization is built.
Upon accepting Morocco’s request to join the African Union, the kingdom spared no effort in crafting conspiracies and deceit, exemplified by the “Tangier Appeal.” This declaration laid the groundwork for Morocco’s international image, characterized by diplomatic checkbook politics, extortion, and corruption. The aim was to modify the Constitutive Act of the African Union and achieve the task of excluding or freezing the membership of the Sahrawi Republic. However, this objective remains elusive as African countries that supported Morocco’s accession have reiterated unequivocally that it cannot come at the expense of the Sahrawi Republic.
In the event that Morocco fails to uphold its commitments, a common occurrence, Article 32 of the Constitutive Act of the African Union clearly states that amendments and revisions can only be accepted by the Union through consensus or a two-thirds majority. In the absence of either, proposals must be presented to all member states for individual ratification according to each country’s constitutional procedures. This serves as sufficient evidence and a genuine safeguard against any plot to challenge the membership of the Sahrawi Arab Democratic Republic in the African Union.
It goes without saying that the real reasons behind Morocco’s desire to join the African Union were, in fact, an attempt to overcome a series of diplomatic failures. These setbacks included desperate attempts to join the European Union and the Gulf Cooperation Council, as well as the isolation resulting from non-compliance with commitments made before the United Nations. Additionally, Morocco faced legal defeats in European, South African, and Panamanian courts.
Current Moroccan Foreign Minister and former Deputy Minister of Foreign Affairs at that time, Nasser Bourita, tried to justify his country’s refusal to fully recognize the Sahrawi Arab Democratic Republic in an interview with the Moroccan website “Le Desk” shortly after Morocco’s accession to the African Union. In the same interview, he resorted to familiar narratives, proposing strange explanations to justify what had been agreed upon after the signing.
If Morocco signed in 1991 with the Polisario Front under the auspices of the United Nations to organize a self-determination referendum for the Sahrawi people, the official Moroccan discourse persisted in stating that acceptance of the agreement was not for the sake of self-determination but to reaffirm the “Moroccan” nature of Western Sahara.
Apparently, Morocco attempted once again to rewrite history, but this time from within the structures of the African Union, without being a founding member but as the 55th member. It sought to bypass Articles 3, 4, and 32 of the Constitutive Act of the African Union. It is worth noting that Morocco will not have allies with the right of veto within the African Union, and voting in favor of Morocco’s accession does not imply ejecting the Sahrawi Arab Democratic Republic from the African Union.
African Consulates in Occupied Sahrawi Territories: Challenging the Illegitimate Moroccan Occupation
In a move challenging the Moroccan occupation, the Sahrawi Arab Democratic Republic (SADR) has called on the African Union and its member states to take urgent measures to reconsider the opening of “consulates” in the territories of Western Sahara under unlawful Moroccan control.
The Ministry of Foreign Affairs of the SADR expressed concern over the opening of these “consulates,” deeming it a “serious matter” that infringes upon the principles laid down by the Organization of African Unity, particularly the sanctity of borders established during independence, as outlined in Article 4 of the founding charter.
The statement, referring to the African Union’s Peace and Security Council meeting in March 2021, emphasized the need for the UN Secretary-General to seek legal advice regarding the opening of consulates in the Western Sahara region, still listed among the territories yet to complete the decolonization process.
Recent Rulings by the African Court on Human and Peoples’ Rights
On September 22, 2022, the African Court on Human and Peoples’ Rights delivered a landmark judgment in the case (018/2018), filed eight years ago by an African activist from Ghana against eight African countries. The activist accused these countries, signatories to the court’s protocol, of being complicit in violating the political, economic, and social rights of the Sahrawi people, particularly their right to self-determination.
The court’s ruling acknowledged that a portion of the Western Sahara remains under Moroccan occupation, emphasizing the individual and collective responsibility of the treaty parties to support the Sahrawi people in their struggle for freedom and non-recognition of the Moroccan occupation.
The court emphasized that the continuing occupation of Western Sahara by Morocco is inconsistent with the Sahrawi people’s right to self-determination. It emphasized that both the United Nations and the African Union recognize the situation of the Sahrawi Arab Democratic Republic as an occupation and consider its territories as areas where decolonization has not been fully completed (paragraph 302). Referring to the advisory opinion of the International Court of Justice on Western Sahara in 1975, the court reminded that Morocco’s claims regarding Western Sahara “have never been accepted by the international community.” Therefore, the sovereignty of the Sahrawi Arab Democratic Republic over the occupied territories is an established fact (paragraph 303).
The court concluded that the continued occupation of the territories of the Sahrawi Arab Democratic Republic by Morocco is incompatible with the right of the Sahrawi people to determine their own destiny. While the eight implicated countries did not directly violate the rights of the Sahrawi people, they bear the legal responsibility to find a permanent solution to the occupation and ensure the Sahrawi people’s right to self-determination.
The ruling also highlighted Morocco’s violation of various other independent human rights in Western Sahara, including the right to control natural resources. The court firmly stated that this violation is unacceptable and primarily stems from the alleged denial of the Sahrawi people’s right to self-determination.
The SADR Welcomes Victories and Seeks International Support
Undoubtedly, the collective memory of nations remains indelible, and Morocco lacks credibility to impart lessons on African unity or democracy to countries recognizing the Sahrawi Arab Democratic Republic within the African Union. Morocco’s name has become associated with some of the darkest chapters in modern African history, ranging from the apartheid regime in South Africa to its complicity with the continent’s worst dictatorships. Over time, Morocco transformed into a sanctuary for ill-gotten wealth amassed by these dictators, turning into their final resting place after being overthrown. This transformation culminated in the invasion of Western Sahara, disregarding the principles of justice and religious values.
The Sahrawi government celebrated significant international victories in 2023, allowing it to continue enhancing the Sahrawi Republic’s standing in bilateral, regional, and multilateral relations. The government aims to garner support on various fronts to strengthen the Sahrawi cause and reinforce its global position in the fight against the illegal Moroccan occupation.
Written by: Mohammad Limam Mohammad Ali Sayed Al-Bashir
Accredited Ambassador of the Sahrawi Republic to the Republic of Kenya
Translated by: Dr. Hana Saada
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