The illegality of the EU-Morocco fisheries agreement

Now that the fisheries agreement between the European Union and Morocco has expired, there are no moral or legal arguments left to maintain any economic activity in Western Sahara. The status of a Non-Self-Governing Territory in the face of Moroccan military occupation leaves no doubt on this issue. Former UN Secretary-General Kurt Waldheim made his opinion very clear upon seeing the progress of the Green March and the subsequent signing of the Madrid Accords when he said: “We must always have in mind the feelings of the Saharawis, which seem quite clear”. The Saharawis’ support for self-determination and independence was made clear at the time of the UN mission that visited the territory in 1975.

The judgment of the General Court of the European Union of 29 September 2021 on the EU-Morocco fisheries agreement ratified another of 2016 issued by the same court. These judgments recognised the distinct status of Morocco’s Western Sahara, which is supported by the 2002 report of the UN Legal Counsel Hans Corel. This report examined the legal status of the territory and its natural resources, making a comparison with the cases of Namibia when it was occupied by South Africa before 1990 and East Timor with respect to Indonesia. Both countries now enjoy their own government and sovereignty. In the case of Western Sahara, UN adviser Hans Corel, a Swede, said he was “ashamed to be European”, noting that the European Commission had no proof that the agreement benefits the Saharawi people.

The Saharawis have never been against trade relations with other countries; they have always been interested in a legally secure relationship in accordance with international law, which has been a demand of the Polisario Front and the Saharawi Republic. Europe, New Zealand, Turkey and other countries that have trade relations with Morocco should know that true sovereignty is in the hands of the Saharawi people and only the Saharawi people can give legitimacy to any economic agreement.

I remember when I was eight years old and walking along the beaches of Dakhla, my mother would prepare us a delicious dish of wreckfish with potatoes and sometimes hake, the Atlantic Ocean was full of beautiful waves and the breeze penetrated the city. At that time the Moroccans were not in town and the Saharawis were the majority in their homeland. Today, many of the Sahrawi people have fled to refugee camps in Algeria and other countries. The wave of settlers from the White House and Marrakech, plus the wall full of military and mines, prevent the return of the Saharawi people and the end of the conflict over the sovereignty of Western Sahara.

Today it is impossible for the majority of the Saharawi people to enjoy the riches of their land, Morocco has dedicated itself to its plundering and export, from phosphates, sands, and tomatoes to other products.

It is now appropriate to recall the words of James Baker, former US Secretary of State when he put all his efforts into achieving a democratic solution as a UN mediator in the conflict. After several rounds of negotiations and with the electoral body ready to vote on the territory’s final status, he said, “The closer we came to a solution, the more nervous the Moroccans became that they might not win the referendum”.

It is clear that only an end to Morocco’s plunder of Western Sahara, respect for its legal status and the human rights of its people, will be the key to unlocking a solution to a conflict that has been raging for 50 years.

The fisheries agreement and any future trade agreement between Europe and Morocco must take into account the distinct status of the Western Sahara and the rights of its people. The European Court in Luxembourg and the UN advisory report are quite clear on the rights of the inhabitants of a Non-Self-Governing Territory. Only true decolonisation would resolve the sovereignty issue within the framework of the United Nations.

The Saharawis have shown great patience in their quest for a solution that would restore the dignity that was taken away from them by Morocco with the 1975 Green March.