Spanish Government Sparks Controversy Over Flights to Occupied Western Sahara

BY: Dr. Hana Saada

Algiers, Algeria | November 16th, 2024 — In a contentious move, Spain’s public air navigation authority, ENAIRE, has granted approval to Ryanair, the Irish low-cost airline, to operate flights between Spain and the city of Dakhla in the occupied Western Sahara. This decision has provoked accusations of violating the European Court of Justice (ECJ) ruling from October 4, which reaffirmed that Morocco has no sovereignty over Western Sahara territories.

French politician and Socialist Party member Salim Djellab has announced legal action against ENAIRE, accusing it of breaching the ECJ decision. On his account on the social media platform X, Salim Djellab declared:
“Western Sahara is neither Moroccan nor Spanish. ENAIRE, a Spanish public body managing air navigation under the supervision of the International Civil Aviation Organization (ICAO), has authorized Ryanair to open a Spain-Dakhla route, defying the European Court of Justice ruling from October 4. Legal action will follow!”

Spain’s Colonial Responsibility and Legal Implications

Since Spain’s withdrawal from Western Sahara in 1975, its airspace has remained under Spanish jurisdiction per United Nations resolutions. The UN continues to classify Western Sahara as a non-self-governing territory, assigning Spain the role of administering authority. The decision to allow flights to Dakhla, therefore, has placed Spain’s government under scrutiny for potentially contravening its obligations as the administering power.

Ryanair, headquartered in Dublin, is Europe’s largest low-cost airline, operating over 2,000 routes across 84 bases. Despite its profitability and expansive operations, the company now faces criticism for its involvement in a politically sensitive route.

French Activist Faces Moroccan Backlash

Salim Djellab’s remarks ignited backlash from Moroccan officials and supporters. Former Moroccan minister and current parliamentary figure Lahcen Haddad accused Salim Djellab of undermining regional development in Western Sahara, claiming that opponents of Morocco’s policies want to “keep the region impoverished and marginalized.”

In a sharp retort, Djellab labeled Haddad a “good Moroccan settler,” drawing parallels to colonial justifications during the French occupation of Algeria. “He echoes the rhetoric of Marshal Lyautey, the architect of modern Morocco under French protection, and the terrorist OAS during Algeria’s colonization,” Djellab tweeted.

Airspace and Moroccan Disinformation

Responding to Moroccan media claims questioning Spain’s continued management of Western Sahara’s airspace, Djellab provided detailed clarifications. He explained that airspace is divided into Flight Information Regions (FIRs), with Western Sahara’s FIR integrated into the Canary Islands airspace, managed by ENAIRE. Djellab dismissed Moroccan claims as “either blatant ignorance or deliberate misinformation.”

Broader Implications

The authorization of Ryanair’s flights to Dakhla has not only raised legal and political challenges but also underscored Spain’s controversial role in Western Sahara. Critics argue that such moves undermine international efforts to resolve the territorial dispute and question Spain’s commitment to upholding European legal standards.

This development adds to the ongoing tensions surrounding Western Sahara, where international law, colonial legacies, and political agendas continue to collide.

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