By Mahmoud Refaat: The European Institute for International Law and International Relations.
Contribution: Georgios Mavrodimitrakis, The European Institute for International Law and International Relations.
The current diplomatic dispute between Morocco and Spain over Madrid’s decision to hospitalize the Covid-19 infected leader of the Western Saharan independence movement, Brahim Ghali, has been the “tip of the iceberg” of the rising
tensions that have been accumulating over the recent months (Keeley, 2021). Already from November of the previous year the pro-independence group, the Polisario, ditched the 30 year cease-fire with Morocco and has since performing daily attacks on Moroccan military personnel, sparking fears of a reescalation of the “frozen conflict” that would further destabilize north-west Africa (Karam, 2021).
A Brief History
Western Sahara, a large strip of desert stretching along the Atlantic coast north of Mauritania, home to phosphate reserves, with rich fishing grounds and believed oil deposits off its coast, has been historically inhabited by nomadic people, the “Sahrawi” and its status remains disputed until today. In 1884 Spain colonized the area, renaming it to “Spanish Sahara” and ruled it until 1975 when, in the midst of the decolonization era, Madrid decided to pull out of the region. Morocco, defying the ruling of the International Criminal Court of 1975, that rejected Morocco’s claims over the inalienable nature of its “historical sovereignty” over Western Sahara, was quick to annex the area staging the “Green March” of 350,000 Moroccans into the area (BBC, 2018). However this act provoked the immediate action of the Polisario Front (formally Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro), which was founded in 1973 and fought for independence against the Spanish rule, igniting a conflict for the future of the country. Morocco annexed the majority of the area and the Polisario declared the independence of the Sahrawi Arab Democratic Republic (SADR) in the remaining territory, around a fifth of its total size. The conflict that caused the death of more than 15.000 people and created more than 100.000 refugees that fled to Algeria ended in September of 1991, when the two sides agreed to a United Nations-brokered ceasefire (BBC, 2018). Henceforth the UN Security Council established a blue-helmet mission in Western Sahara, the MINURSO, to monitor the ceasefire and to organise a referendum for the “self-determination” of the Saharawi people. However, Morocco’s refusal to withdraw its military and administrative presence and to allow a referendum, lead to a stalemate and the latter was never materialized (Darbouce & Zoubir, 2008). In the dawn of the new millennia the Special Envoy for Western Sahara, State James A. Baker, proposed two different plans in 2001 and in 2003 to end the conflict and settle the issue of Western Sahara. Nevertheless both plans were rejected by the adversaries who continue to be at the loggerheads until this day (Darbouche & Zoubir, 2008, p. 93). Despite the dispute, Morocco, which currently controls 80% of Western Sahara, has been reinforcing its claim to the territory, promoting it as an international trade hub via the development of a major port in Dakhla (Karam, 2021).
The Sirens of War
In this context however, the fighting escalated in November when Morocco sent troops into a buffer zone to reopen the only road leading from Morocco to Mauritania and the rest of West Africa, after the separatists had blocked it the previous month. The Polisario described the act as an expansion of territory using military force and declared the 1991 UN-backed ceasefire null and void, arguing that the road had not existed when the truce was signed and was therefore illegal. In addition a Polisario official declared that: “the Polisario Front tried for 29 years to avoid war by making concessions, but it has faced a total absence of cooperation both from the Moroccan side and the UN” (France 24, 2021). Since then, the two sides have since exchanged regular fire along the demarcation line, though claims are difficult to independently (Karam, 2021).
Moreover, the role of foreign intervention has also being crucial for the escalation of the hostilities. On the one, the leaders of the proclaimed Sahrawi Arab Democratic Republic are based in Algeria, alongside with a great number of Sahrawi refugees. According to Rabat, Algeria is supplying the Polisario with weapons, ammunition and training, an allegation which Algiers has never denied, widening the rivalry between the two neighbors (Karam, 2021). On the other hand, even though the SADR is recognized by 84 countries and it is a member of the African Union, Morocco has won recognition of its claim sovereignty over the entire disputed territory from numerous countries, which have opened consulates in Western Sahara, which according to the Polisario constitutes a “violation of the international law and an attack on the legal status of the area as a non-autonomous territory” (France 24, 2021). Furthermore, in December 2020 Morocco normalized ties with Israel in a diplomatic quid pro quo that saw Washington to become the first country to recognize Morocco’s sovereignty over Western Sahara in January 2021 (Karam, 2021).
A Hard Compromise
The situation is likely to escalate mainly because of the diametrically antithetical views of the two sides. Morocco considers Western Sahara as its southern province and bases its claim on history. As recently as the 17th century, the kingdom of Morocco stretched from Tangier to Timbuktu, including large parts of the area now called Western Sahara (Karam, 2021). At the same time however, the right of people to self-determination is an axiomatic principle of international law, prominently enriched in Article 1 of the UN Charter, legitimizing the cause of the Polisario Front. As Darbouche and Zoubir (2018, pp. 91-92) underline: “the Western Sahara dispute remained an interface between international legality and geopolitics” and “this conflict has, since its inception, been at the heart of the contradiction between the stipulations of international law – as expressed in all relevant UN resolutions – and geopolitical considerations”. Nonetheless, even if it seems nearly impossible to merge the gap between Morocco’s realpolitik and Polisario’s rightful demand for self-determination, it is important for the international community to react and prevent the reescalation of the conflict.
First and foremost it is of primordial importance to restart the negotiations between the two adversaries under the auspices of the UN that stopped in March 2019. Direct communication between them could contribute to the de-escalation effort and could set the stage for a more permanent truce. Secondly, the U.S. President Biden could alter the decision of its predecessor and mediate between the two rivals to negotiate a viable solution for a stable future for the whole area. In this effort, the EU, who has stayed silent on the conflict can also play a pivotal role and persuade Rabat to respect international law and make positive steps to resolve the conflict. Finally, when the protagonists start to negotiate the African Union and the U.S. should limit Algeria’s backing of the Polisario and enhance the UN mission to guarantee the peaceful implementation of the future agreement. The continued desert war is not in the interest of either Morocco or Polisario and by resolving the conflict they could allocate valuable resources towards the much-needed development of the western Maghreb region.
References
Darbouche, H., & Zoubir, Y. H. (2008). Conflicting International Policies and the Western Sahara Stalemate. The International Spectator, 43(1), 91–105.
Karam, S. (2021 March 17). Why the Fight Over Western Sahara Is Heating Up Again. Bloomberg. Accessed in 2021, May 12 from https://www.bloomberg.com/news/articles/2021-03-17/why-the-fight-over-western-sahara-is-heating-up-again-quicktake
Keeley, G. (2021 May 10). Fresh Dispute Erupts Between Spain and Morocco Over Western Sahara Leader. VOA. Accessed in 2021, May 12 from https://www.voanews.com/europe/fresh-dispute-erupts-between-spain-and-morocco-over-western-sahara-leader
Western Sahara profile. (2018 May 14). BBC. Accessed in 2021, May 12 from https://www.bbc.com/news/world-africa-14115273
Western Sahara pro-independence rebels blame UN for ‘political deadlock’ in region. (2021 February 27). France 24. Accessed in 2021, May 12 from https://www.france24.com/en/africa/20210227-w-sahara-pro-independence-group-blames-un-for-political-deadlock-in-region
