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Beijing Law Review, Dec 31, 2022
Western Sahara Legal Case: The International Law Narrative of Unresolved Conflict, 2023
The legally and internationally labeled Spanish Sahara is the oldest colonized territory in Afric... more The legally and internationally labeled Spanish Sahara is the oldest colonized territory in Africa. Colonized by Spain in 1884, Western Sahara has been an unchallengeable statutory case file in the UN tasks of the dispute between various actors at different times. Following trilateral negotiations, Spain ceded control of this territory to Morocco and Mauritania under the Madrid Agreement of 1976. The Polisario fully refused this treaty and with the help of Algeria waged an armed group to struggle specifically against Morocco. After fifteen years of an intense military fight, the United Nations (UN) brokered a ceasefire in 1991 that terminated the war and established a new phase of a long and pointless peace process. After outlining the history of the Western Sahara conflict, this paper analyzes the question of legality case starting from the settlement plan process through the Baker plans to the 2007 proposals by both parties, and finally clarifies the reasons and motives behind the deadlock in the Western Sahara. Therefore, the United Nations has been fastened in the middle of a perplexed conflict that several parties are directly or indirectly involved in. The key reason for the failure of this statutory question was the lack of management and supervision of serious diplomatic negotiations.
After decades of an unchanged position from Morocco which refused categorically to adhere the Afr... more After decades of an unchanged position from Morocco which refused categorically to adhere the African Union (AU)-known until July 2002 as the Organisation of African Unity (OAU)-because the Sahrawi Arab Democratic Republic (SADR) was granted a seat within this pan African organization in 1984, King Mohamed 6 th changed the course of Moroccan diplomacy and submitted a formal request in September 2016 to join the AU. Aware of the prominent role the African Union could play in the resolution process of the Western Sahara conflict, Morocco opted for a policy shift and chose to defend its claim over the Western Sahara and break many African leaders'staunch support of the SADR. This new direction was considered from Morocco because it saw that it could be more effective to act within the AU as many African leaders on several occasions extended the invitation to Morocco to step up to the plate and join the organization to better defend its national cause. On January 31st, 2017, Morocco became the 55th member of the African Union (AU) but it was not an easy task as it expected. Morocco's return to the African Union witnessed the culmination of a year long extensive and fervent diplomatic battles because of the resistance that both Algeria and South Africa provided against Morocco's membership.
Journal of Liberty and International Affairs, 2019
This paper evaluates the United Nations' (UN) involvement and efforts in Western Sahara, and ... more This paper evaluates the United Nations' (UN) involvement and efforts in Western Sahara, and assesses its perceived effectiveness in settling this conflict in the post - Cold War international order. The dispute in Western Sahara is the most protracted conflict in the history of the UN. Its settlement would provide a crucial platform for the progress of other unresolved conflicts under UN auspices. As a mediator and an intervening party, the UN has played a major role in the dispute, especially since the establishment of the UN Mission for Western Sahara, MINURSO. After outlining the history of the Western Sahara conflict, this paper elucidates the stages the UN has managed therein, and clarifies the reasons and motives behind the deadlock in the Sahara. The UN's efforts are evaluated, and the negotiating perspectives of the concerned parties in the conflict and role of Algeria, which considers itself not formally part of the conflict despite its role in preserving the curre...
Morocco, aware of the prominent role the African Union could play in the process of the resolutio... more Morocco, aware of the prominent role the African Union could play in the process of the resolution of the Western Sahara conflict, formally requested in September 2016 to join the African Union. In this way it
could defend its sovereignty over the Western Sahara and break many African leaders’ unanimous support of the Sahrawi Arab Democratic Republic (SADR). Furthermore, a few years ago, many African leaders, at several occasions, extended the invitation to Morocco to step up to the plate and join the organization.
On January 31st, 2017, Morocco became the 55th member of the African Union (AU), the pan African body which took the place of the Organization of the African Unity (OAU) in July 2002. After more than thirty years in the African political wilderness, Morocco’s return to the African Union, witnessed the culmination of a yearlong extensive and fervent diplomatic battle aimed to extend its circle of African allies to major nations in the region.
When Morocco bitterly departed the pan-African organization in 1984 in protest of the admission of theSahrawi Arab Democratic Republic (SADR) as a full member, it continued to deal with this situation at a distance, or from behind the scenes and through allies, yet expereienced ups and downs. Indeed, the fact that Morocco left the Pan-African organization was repeatedly criticized by many analysts and friends of Morocco, who described it as an ‘empty chair policy’. Politically, this long distance combat became stiff,and this move ceded the advantage to Morocco’s adversaries through the influence of powerful states.
Economically, however, Morocco has been slowly and steadily establishing itself, as an important economic power in sub-Saharan Africa. Although Morocco had pledged to have the SADR suspended from the Pan-African Organization, and swore that it will not sit in the same room as the SADR, Rabat will now have to coexist with all AU member states, including SADR.
Besides general political, economic and security interests, Morocco was persuaded to reenter the AU because of several specific factors. These include the UN stagnation in solving the Western Sahara dispute and Morocco’s priority to supress the international pressure to have the human rights component included within the duties of the mandate of the United Nations Mission for Referundum in Western Sahara (MINURSO). Furthermore, reviving the Western Sahara dispute at the AU with Morocco’s
presence, will allow Rabat to capitalize on the AU’s new transition, in order to benefit from more favorable terms and promote Morocco’s priorities in the Western Sahara.In addition, the May 2016 death of the SADR’s Secretary General, Mohamed Abdelaziz, a leader who has led the Polisario movement for more than 35 years, will help Rabat, to influence the movement’s new leadership in resolving the Western Sahara conflict.
Lastly, Morocco rejoining the African Union adheres to the organization’s objectives and priorities, to “...accelerate the political and socio-economic integration of the continent” (African Union, 2002). This again is also reiterated in the AU’s “Agenda 2063,” which states that “... the political unity of Africa will be the culmination of the integration process, including the free movement of people, the establishment of continental institutions, and full economic integration” (African Union, 2014).
Beijing Law Review, Dec 31, 2022
Western Sahara Legal Case: The International Law Narrative of Unresolved Conflict, 2023
The legally and internationally labeled Spanish Sahara is the oldest colonized territory in Afric... more The legally and internationally labeled Spanish Sahara is the oldest colonized territory in Africa. Colonized by Spain in 1884, Western Sahara has been an unchallengeable statutory case file in the UN tasks of the dispute between various actors at different times. Following trilateral negotiations, Spain ceded control of this territory to Morocco and Mauritania under the Madrid Agreement of 1976. The Polisario fully refused this treaty and with the help of Algeria waged an armed group to struggle specifically against Morocco. After fifteen years of an intense military fight, the United Nations (UN) brokered a ceasefire in 1991 that terminated the war and established a new phase of a long and pointless peace process. After outlining the history of the Western Sahara conflict, this paper analyzes the question of legality case starting from the settlement plan process through the Baker plans to the 2007 proposals by both parties, and finally clarifies the reasons and motives behind the deadlock in the Western Sahara. Therefore, the United Nations has been fastened in the middle of a perplexed conflict that several parties are directly or indirectly involved in. The key reason for the failure of this statutory question was the lack of management and supervision of serious diplomatic negotiations.
After decades of an unchanged position from Morocco which refused categorically to adhere the Afr... more After decades of an unchanged position from Morocco which refused categorically to adhere the African Union (AU)-known until July 2002 as the Organisation of African Unity (OAU)-because the Sahrawi Arab Democratic Republic (SADR) was granted a seat within this pan African organization in 1984, King Mohamed 6 th changed the course of Moroccan diplomacy and submitted a formal request in September 2016 to join the AU. Aware of the prominent role the African Union could play in the resolution process of the Western Sahara conflict, Morocco opted for a policy shift and chose to defend its claim over the Western Sahara and break many African leaders'staunch support of the SADR. This new direction was considered from Morocco because it saw that it could be more effective to act within the AU as many African leaders on several occasions extended the invitation to Morocco to step up to the plate and join the organization to better defend its national cause. On January 31st, 2017, Morocco became the 55th member of the African Union (AU) but it was not an easy task as it expected. Morocco's return to the African Union witnessed the culmination of a year long extensive and fervent diplomatic battles because of the resistance that both Algeria and South Africa provided against Morocco's membership.
Journal of Liberty and International Affairs, 2019
This paper evaluates the United Nations' (UN) involvement and efforts in Western Sahara, and ... more This paper evaluates the United Nations' (UN) involvement and efforts in Western Sahara, and assesses its perceived effectiveness in settling this conflict in the post - Cold War international order. The dispute in Western Sahara is the most protracted conflict in the history of the UN. Its settlement would provide a crucial platform for the progress of other unresolved conflicts under UN auspices. As a mediator and an intervening party, the UN has played a major role in the dispute, especially since the establishment of the UN Mission for Western Sahara, MINURSO. After outlining the history of the Western Sahara conflict, this paper elucidates the stages the UN has managed therein, and clarifies the reasons and motives behind the deadlock in the Sahara. The UN's efforts are evaluated, and the negotiating perspectives of the concerned parties in the conflict and role of Algeria, which considers itself not formally part of the conflict despite its role in preserving the curre...
Morocco, aware of the prominent role the African Union could play in the process of the resolutio... more Morocco, aware of the prominent role the African Union could play in the process of the resolution of the Western Sahara conflict, formally requested in September 2016 to join the African Union. In this way it
could defend its sovereignty over the Western Sahara and break many African leaders’ unanimous support of the Sahrawi Arab Democratic Republic (SADR). Furthermore, a few years ago, many African leaders, at several occasions, extended the invitation to Morocco to step up to the plate and join the organization.
On January 31st, 2017, Morocco became the 55th member of the African Union (AU), the pan African body which took the place of the Organization of the African Unity (OAU) in July 2002. After more than thirty years in the African political wilderness, Morocco’s return to the African Union, witnessed the culmination of a yearlong extensive and fervent diplomatic battle aimed to extend its circle of African allies to major nations in the region.
When Morocco bitterly departed the pan-African organization in 1984 in protest of the admission of theSahrawi Arab Democratic Republic (SADR) as a full member, it continued to deal with this situation at a distance, or from behind the scenes and through allies, yet expereienced ups and downs. Indeed, the fact that Morocco left the Pan-African organization was repeatedly criticized by many analysts and friends of Morocco, who described it as an ‘empty chair policy’. Politically, this long distance combat became stiff,and this move ceded the advantage to Morocco’s adversaries through the influence of powerful states.
Economically, however, Morocco has been slowly and steadily establishing itself, as an important economic power in sub-Saharan Africa. Although Morocco had pledged to have the SADR suspended from the Pan-African Organization, and swore that it will not sit in the same room as the SADR, Rabat will now have to coexist with all AU member states, including SADR.
Besides general political, economic and security interests, Morocco was persuaded to reenter the AU because of several specific factors. These include the UN stagnation in solving the Western Sahara dispute and Morocco’s priority to supress the international pressure to have the human rights component included within the duties of the mandate of the United Nations Mission for Referundum in Western Sahara (MINURSO). Furthermore, reviving the Western Sahara dispute at the AU with Morocco’s
presence, will allow Rabat to capitalize on the AU’s new transition, in order to benefit from more favorable terms and promote Morocco’s priorities in the Western Sahara.In addition, the May 2016 death of the SADR’s Secretary General, Mohamed Abdelaziz, a leader who has led the Polisario movement for more than 35 years, will help Rabat, to influence the movement’s new leadership in resolving the Western Sahara conflict.
Lastly, Morocco rejoining the African Union adheres to the organization’s objectives and priorities, to “...accelerate the political and socio-economic integration of the continent” (African Union, 2002). This again is also reiterated in the AU’s “Agenda 2063,” which states that “... the political unity of Africa will be the culmination of the integration process, including the free movement of people, the establishment of continental institutions, and full economic integration” (African Union, 2014).