Haitians protest against neocolonialism in the streets of Haiti in March 2021 / Twitter/DannyShawCUNY
All of Haitian society is in revolt.
A mambo and hougan—the traditional voudou priestess and priest—lead ancestral ceremonies before rallies take the streets and block the central arteries of Port-au-Prince, Cap Haïtien, and other Haitian cities and towns. After one of their members was kidnapped, leaders of the Protestant Church directed its congregation to halt all activities at noon on Wednesday and bat tenèb. Bat tenèb, literally “beat the darkness,” is a call for all sectors of Haitian society to beat pots, pans, street lights and anything else as a general alert of an emergency. A Catholic church in Petionville held a mass with political undertones against the dictatorship. When marchers from outside took refuge from the police inside the church, the Haitian National Police tear gassed the entire congregation.
Ti Germain, a well-known Lavalas activist, was hauled away by President Jovenel Moïse’s henchmen for protesting in the downtown Chanmas Plaza last week and has not been seen since. Peasants come together to form self-defense units against land grabs by the Haitian Tèt Kale Party (PHTK, or Haitian Bald Headed Party) and their foreign backers before mobilizing in the streets themselves. With the spiritual hymn of resistance blaring from a sound truck, “A fight remains a fight. My sword is in my hand, I’m moving forward,” tens of thousands of protesters move toward police lines guarding the Delmas 96 entrance, which seals off the Haiti of the 0.01 percent from that of the 99.99 percent.
Showdown: the police, the ruling class & imperialism vs the Masses of People 🇭🇹 Which side are you on? #Haiti 🇭🇹 pic.twitter.com/sxRhwaDN90
Chanting “The People Poetry Revolution!”, young writers and poets took to the streets on May 3 calling for a Haiti where youth have a future. A cultural worker, Jan Wonal, asserts, “They [the imperialists] fashion themselves the messengers of art, literature, history of art. So, for us, cultural revolution against cultural imperialism is an imperative.”
All of Haitian society is in revolt.
Haitians at a March 2021 protest wear T-shirts that read, “The slaves have revolted.” / Twitter/DannyShawCUNY
Who Cares About Haiti?
CNN, MSNBC, Fox, and the full gamut of mainstream media outlets have paid scant attention to this social insurrection. The headlines—if they mention Haiti at all—have focused on U.S. Immigration and Customs Enforcement (ICE) and the Biden regime’s deportation of Haitians to the “civil unrest” of Haiti. The anti-neoliberal rebellion goes unmentioned.
According to one protestor at a mass demonstration, “If we were Hong Kong, Taiwan or in any country the U.S. lists as an enemy, there would be everyday coverage of our movement.”
The corporate press only mentions Haiti in the context of a natural disaster, a deadly disease or chaos. Millions of people in motion in a U.S. neocolony like Colombia, Chile or Haiti are not deemed newsworthy. The dominant narrative is people in the streets protesting is not a revolt, but a “political crisis.” It is not convenient for a neocolony to make noise and rise up against the empire’s handpicked lackeys and puppets.
In response to the media whiteout, Haitian intellectual Patrick Mettelus emphasized, “Our national liberation struggle is first and foremost a battle of ideas; it is an informational war. How can we counter the dominant narrative and show what is good, beautiful, encouraging and hopeful from our homeland?”
Showdown: Haiti vs. Imperialism
Ignoring months and years of widespread anger, Moïse continues to say resigning is not an option. The United Nations and Organization of American States (OAS) agree the U.S.-backed despot has another year remaining in his presidency, even though the 1987 Constitution stipulates his term ended on February 7. Former president Jean Bertrand Aristide called the UN, OAS and United States “the troika of evil” for the heavy-handed role they have played in Haiti’s historic destiny. This alone explains why Aristide was twice the victim of coup d’etats orchestrated by these neocolonial forces.
Moïse went before the United Nations General Assembly on February 24. In a 28-minute display of arrogance, the tone-deaf puppet patted himself on the back for supposedly carrying out ongoing socio-economic reforms. Adding insult to injury, Moïse now intends to brazenly overturn the 1987 constitution. This constitution was the result of consultations among hundreds of local committees representing all sectors of society一women, peasants, poor neighborhoods, etc.一coming together on the heels of the 1986 dechoukaj (uprooting) that overthrew dictator Jean Claude “Baby Doc” Duvalier. Enshrined in the constitution is protection of Haitian cultural and economic sovereignty, and women’s empowerment, among other democratic rights. Today, these same sectors, representing the vast majority of Haitian society, are taking to the streets against Moïse and his dictatorial scheme to overturn the people’s constitution.
The reformist wing of the opposition has propped up a transition president, Joseph Mécène Jean-Louis, who has been in hiding since February 7, in fear of persecution of Jovenel’s National Intelligence Agency (ANI). Ruling class families such as the Vorbe/Boulos faction, which supported Jovenel (and Michel Martelly before) have now turned on Moïse and want to replace him without systemic change.
Kidnappings have reached epic proportions. The djaspora (Haitians in the diaspora) are afraid to travel back home. The Center for Human Rights Research and Analysis reported 157 kidnappings in the first three months of 2021. This lawlessness is representative of a society that has lost all confidence in Moïse. The most oppressed layers of society have been overwhelmed by the weak gourde (1 U.S. dollar equals 87 Haitian gourdes), widespread joblessness and no hopes for a dignified future. According to the UN’s World Food Program, half of Haiti’s 10.7 million people are undernourished. This bleek social reality has pushed the most castaway to resort to armed violence and taking hostages.
The fundamental demand of the popular sectors is a “sali piblik,” or a united transition away from dictatorship and neocolonialism that involves and empowers the masses of Haitian people.
While the corporate media silences Haitian voices, the Committee for Mobilization Against Dictatorship in Haiti (KOMOKODA), Leve Kanpe, the U.S./UN Out of Haiti Coalition, and other diaspora and anti-imperialist organizations across the United States and the world are standing with the historic Haitian rebellion.
“The ‘Core Group’ is a cabal of predatory countries and institutions created by the United States of America after the overthrow and kidnapping of President Aristide in 2004 to give a veneer of international legitimacy to their domination over Haiti,” KOMOKODA stated as the group protested May 3 in front of the French embassy in Port-au-Prince, “Join us as we stand in solidarity with the Haitian people, who are in the streets fighting for their liberation and their emancipation.”
Danny Shaw is a professor of Caribbean and Latin American Studies at the City University of New York. Since the most recent rebellion began on February 7, he has traveled to Haiti twice to stay with the mass anti-imperialist movement. A Senior Research Fellow at the Center on Hemispheric Affairs, Danny is fluent in Haitian Kreyol, Spanish, Portuguese and Cape Verdean Kriolu.
Black Spartacus: The Epic Life of Toussaint Louverture by Sudhir Hazareesingh. New York: Farrar, Straus and Giroux. 2020.
Author Sudhir Hazareesingh is a native of the Indian Ocean island and former French colony of Mauritius, once known as Ile de France. Drawing upon a lifetime of research in the French, British and U.S. archives, the Oxford scholar and expert on French history unearths until-recently untapped primary sources and correspondence, which provide a deeper look at the legendary anti-colonial Haitian figure Toussaint Louverture and his worldview.
Black Spartacus is a rigorous history of Louverture’s undying spirit and prodigious work for his people’s emancipation. A stranger to sleep and personal comfort, everyday the former slave-turned-general and leader of a burgeoning nation, dictated and wrote 200 letters to allies and enemies alike, covered 120 miles on horseback, and convened meetings with dozens of leaders and their communities (page 213). The first chapter examines his coming of age as a slave on the Breda plantation, from which he received his slave name, and the influence of Catholicism and Vodou. He later earned his name Louverture, meaning “The Opening,” on the battlefield inspired by “one of the most revered vodou deities, Papa Legba, the spirit of the crossroads”; a popular kreyol chant at the beginning of ritual ceremonies was “Papa Lega, open the gates for me” (43).
The middle chapters cover his time as a “general in the Spanish auxiliary army [where] he commanded a force of 4,000 men, as a French general who defeated the English invasion of San Domingue and his writing of the 1801 constitution, which outlawed slavery on the island for eternity” (58). A diplomat, he had to maneuver between warring empires with superior armies and navies hell-bent on re-enslaving “the pearl of the Antilles.” Hazareesingh evaluates Louverture’s role in the June 1799 “War of Knives” against André Rigaud and the Generals of Color (the “mulattos”). Supported by the British through their colonial administration in Jamaica, this intermediary class sought to wipe out the white planters and re-enslave Black people. Thoroughly opposed to “the relentless ethnic cleansing,” Louverture dreamed of and fought for a San Domingue for all classes. While protecting the lives of the white propertied class, he returned to rally his base on the plantations with his rallying cry: “I took up arms so that you may be free… and like you I was once a slave.” The battered, oppressed masses of former slaves were always his true source of power.
All books on the Haitian revolution must be held up to C.L.R. James’ The Black Jacobins: Toussaint L’Ouverture and the San Domingo Revolution. The 1938 classic of the historical materialist method continues to be the magisterial account of how the masses of Haitian slaves mobilized themselves into a people’s army and blow by blow, setback after setback, treachery after treachery and massacre after massacre, defeated Napoleon’s sanguinary French empire.
Hazareesingh’s main critique is James gives too much credit to French Republicanism’s influence on Louverture. Yet, throughout the 427-page book the author himself constantly reminds the reader of Louverture’s loyalty to France. Both James and Hazareesingh agree on the essential components of Louverture’s personality: He never forgot his roots, he was a devout Catholic, a stickler for military and social etiquette and order, and was “incorruptible” (193).
An admirer of French culture, language and history, Louverture felt San Domingue—the former name of the island now inhabited by Haiti and the Dominican Republic—could never make it on his own. Louverture had a type of neocolonial view that the Mauritian author interrogates. Without returning the former slaves to a bondage they so violently feared, the reader may be surprised to know their very liberator bound them to the plantations in order to continue producing the enormous wealth of the past decades and centuries. The workers in return received one-fourth of their harvest. Aware of the brutal, dehumanizing effects of the slave system, he saw the plantation economy as a necessary evil until the formerly enslaved people could build up their own sense of economy and culture. He saw France as the indispensable mother country that would instill a “Republican” spirit in “her children.”
Surrounded by assasination plots and having been deceived from all sides, Louverture “was extremely reluctant to communicate his intentions even to his leading military officers, or to share power with them in any meaningful way” (291). Again, the Haitian general did not have the insights of future revolutionary cadre. Amilcar Cabral’s maxum, “Tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures. Claim no easy victories…” was all too relevant. The cultivateurs (former slaves) must have wondered why their shining prince disciplined them while giving free reign to the colons (the white planters and former slave owners). It was as if Louverture thought he could win over the antagonistic classes and wish away a class conflict based on the enslavement of millions of abducted Africans.
While in retrospect we can call Louverture idealistic it is important to remember he did not have the advantage of drawing on the lessons of the Russian Revolution of 1917, the Chinese Revolution of 1949, the Vietnamese’s popular resistance to the French and later to U.S. imperialism, or the 1959 Cuban Revolution. Unlike Haitian revolutionaries François Makandal, Jean-Jacques Dessalines, Kapwa Lamò, Moyse—an adopted nephew Louverture ultimately executed—as well as other Haitian generals of the people’s war, Louverture was not willing to go all the way. Hazareesingh contrasts the Makandalist vs Louverturian vision for Haiti. Ultimately, Dessaline was the man for the historical job carrying the Makandalist project to its ultimate “No Sellout, No Compromise” conclusion. The scorched earth strategy of “Koupe tèt Boule kay” (Cut off [the masters’] heads Burn down their mansions) was all the invading troops could understand. As 20,000 of French General Charles Leclerc’s soldiers occupied Cap Haïtien in the north, Dessalines and his generals burned down the entire city and retreated to the mountains, so the invaders would have no base to call home.
While “his capacity to straddle divides across the ideological spectrum” within the anti-colonial camp was a great asset, it was also his hamartia, or flaw fatale (357). Like James, Hazareesingh shows how Louverture, even as he died away in the infamous French dungeon at Fort de Joux in 1803, never lost hope that colonial France would live up to the 1789 creed of “Liberté, Egalité, Fraternité.” Louverture remained a true Jacobin as France devolved again into a slave-holding empire. While revolutionary leadership through the ages will continue to debate whether his “non-racialist” view of humanity and progress was correct, they surely agree that his faith in his class and colonial enemies was his downfall. (39)
In a polemic against apologists for colonialism, Guyanese revolutionary Walter Rodney states what Louverture’s humanism, non-racialism and unbounding faith in human nature never allowed him to reach:
“They [defenders of colonialism] would then urge that another issue to be resolved is how much Europeans did for Africans, and that it is necessary to draw up a ‘balance sheet of colonialism’. On that balance sheet, they place both the ‘credits’ and the ‘debits’, and quite often conclude that the good outweighed the bad… It is our contention that this is completely false. Colonialism had only one hand—it was a one-armed bandit.” (205)
Louverture’s tragic fate re-confirmed two classes, with entirely antagonistic class interests, could not co-exist. Napoleon’s deception, kidnapping, torture, imprisonment and murder of Louverture was a most undignified ending for the most upright of men.
Hazareesingh’s final chapter, “A Universal Hero,” examines the vast array of future revolutions’ tributes dedicated to the Haitian people’s general through art, film, literature and theater. Facing death in a prison cell in 1954, Fidel Castro wrote the Cuban revolutionaries were inspired to “revolutionize Cuba from top to bottom by the insurrection of Black slaves in Haiti, at a time when Napoleon was imitating Caesar, the France resembled Rome, the soul of Spatacus was reborn in Toussaint Louverture.”
Black Spartacus is a motivating read and its examination of letters and documents from the Haitian revolution compliments the foundational work of C.L.R. James.
A slightly different version of this review appeared in Haiti Liberté.
Danny Shaw is a professor of Caribbean and Latin American Studies at the City University of New York. He frequently travels to Haiti to stay with the mass anti-imperialist movement. A Senior Research Fellow at the Center on Hemispheric Affairs, Danny is fluent in Haitian Kreyol, Spanish, Portuguese and Cape Verdean Kriolu.
Editor’s Note: The following was originally published in Peoples Dispatch.
Amid the ongoing war for the liberation of Western Sahara from Morocco, which is illegally occupying 80% of its territory, the UN Security Council (UNSC) is reportedly scheduled to discuss the conflict for the second time this month on Monday, October 10. Two more sessions are scheduled for October 17 and 27.
The “Council is expected to renew the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO), which expires on 31 October,” states the UNSC’s monthly forecast for October.
Known officially as the Sahrawi Democratic Republic (SADR), Western Sahara—a founding and full member-state of the African Union (AU)—is Africa’s last colony. It is listed by the UN among the last countries awaiting complete decolonization.
Its former colonizer, Spain, ceded the country to Morocco at the persuasion of the Unite in 1976, despite the fact that the International Court of Justice (ICJ) had dismissed Morocco’s territorial claims. The position supporting the Sahrawi peoples’ right to self-determination has since been upheld by the UN, the AU, the Court of Justice of the European Union (CJEU), and the African Court on Human and Peoples’ Rights (AfCHPR).
MINURSO was established by the UNSC in April 1991 to facilitate the realization of this right by organizing a referendum. In August that year, a ceasefire was secured between the Polisario Front (PF), recognized by the UN as the international representative of the people of Sahrawi, and Morocco.
However, with the backing of the United States and France, Morocco has been able to subvert the organization of this referendum till date. On November 13, 2020, the ceasefire fell apart after 29 years. That day, Moroccan troops crossed the occupied territory into the UN-patrolled buffer zone in the southeastern town of Guerguerat to remove unarmed Sahrawi demonstrators blockading an illegal road that Morocco had built through the territory to Mauritania
“Morocco’s armed incursion was a flagrant violation of the terms of the ceasefire that was declared under UN auspices in 1991,” Kamal Fadel, SADR’s representative to Australia and the Pacific, told Peoples Dispatch. “The Sahrawi army had to react in self-defense and to protect the Sahrawi civilians that were attacked by the Moroccan army.”
Hugh Lovatt and Jacob Mundy, in their policy brief to the European Council on Foreign Relations (ECFR) published in May 2021, observed that “Self-determination for the Sahrawi people appears more remote than when MINURSO was first launched in 1991.” ” With its mandate renewed well over 40 times, the UN “has little to show” for three decades of MINURSO, they said.
“With no power and no support from the UNSC,” MINURSO became “hostage to the Moroccan authorities,” unable even “to report on the human rights situation in the territory, unlike any other UN peace-keeping mission,” Fadel noted.
“We wasted 30 years waiting for MINURSO to deliver the promised referendum. MINURSO’s failure seriously damages the UN’s credibility and encourages authoritarian regimes to defy the international community,” he argued.
While reiterating that “we still believe in a peaceful, just and durable solution under the auspices of the UN,” Fadel maintained that “the UN has to work hard to repair its badly damaged reputation in Western Sahara.”
The position of the UN Secretary General’s former Personal Envoy for Western Sahara was left vacant for more than two years after the resignation of Horst Köhler in May 2019. It was only in October 2021 that Staffan de Mistura was appointed to the post. Mistura, who will be briefing the UNSC member states in the sessions scheduled this month to discuss Western Sahara, is yet to pay a visit to the territory in question. His plan to visit Western Sahara earlier this year was canceled without any reasons stated.
“We hope Mr. Mistura will be able to visit the occupied areas of Western Sahara soon and meet with the Saharawi people freely. It is odd that he has not yet set foot in the territory he is supposed to deal with,” remarked Fadel. Mistura has already met with Foreign Ministers of Morocco and Spain, European officials, and U.S. State Secretary Antony Blinken.
U.S. and European Powers Facilitated Moroccan Occupation of Western Sahara
Western Sahara was colonized by Spain in the early 1880s. Faced with an armed rebellion by the Polisario Front (PF) from 1973, the Spanish government of fascist dictator Francisco Franco agreed in 1974 to hold a referendum. It was an obligation on Spain to fulfill the Sahrawi right to self-determination, in line with the UN’s 1960 Declaration on the Granting of Independence to Colonial Countries.
The neighboring former French colonies of Morocco and Mauritania, eyeing Sahrawi’s mineral wealth and a vast coastline, had already laid claim over the territory since their independence. With about $20 million-worth of weapons supplied by the United States, Morocco began preparation for an armed invasion. Informing the then Spanish Foreign Minister Pedro Cortina about this impending attack in a meeting on October 4, 1975, U.S. State Secretary Henry Kissinger had nudged him to negotiate an agreement with Morocco.
“We are ready to do so.. However, it is important to maintain the form of a referendum on self-determination… Self-determination does not mean independence, although that is one of the options included to give it credibility, but what the people of the area will be called on to do is to show their preference either for Morocco or for Mauritania,” Cortina had responded.
“The problem is the people won’t know what Morocco is, or what Mauritania is,” said Kissinger, with his characteristic cynicism. Cortina corrected him, saying, “Unfortunately, they have learned well from experience what those countries are and they know what all the possibilities are.”
In a subsequent meeting on October 9, Cortina confronted Kissinger about U.S. support for an imminent Moroccan invasion of Sahrawi, then known as Spanish Sahara. He was told that if Spain failed to reach an agreement with Morocco, “it’s not an American concern.” In effect, Kissinger had told Cortina that if Moroccan forces invaded Spanish Sahara using American weapons, the United States would not intervene to stop it.
“We have no particular view about the future of the Spanish Sahara,” Kissinger elaborated on the U.S. position. “I told you privately that… the future of Spanish Sahara doesn’t seem particularly great. I feel the same way about Guinea-Bissau, or Upper Volta. The world can survive without a Spanish Sahara; it won’t be among the countries making a great contribution. There was a period in my life when I didn’t know where the Spanish Sahara was, and I was as happy as I am today.”
“Before phosphates were discovered,” Cortina exclaimed. He was referring to the large deposits found in the territory. Phosphates are the main mineral needed to make fertilizers, of which Morocco went on to become one of the world’s largest producers.
On securing guarantees on access to phosphate and fishing rights, the Spanish government – which had by then also realized that it would not be able to install a puppet Sahrawi elite under Spanish control in power after independence – signed the Madrid Accords. With this treaty, signed on November 14, 1975, only days before the death of Franco who had already slipped into coma, Spain ceded its colony to Morocco and Mauritania.
‘No Tie of Territorial Sovereignty’: ICJ
The UN does not recognize this treaty, which had disregarded the advisory opinion given by the International Court of Justice (ICJ). The advisory opinion was given on the request of the UN General Assembly only a month before, on October 16, 1975. The ICJ, which had also been approached by Morocco, stated that “the materials and information presented.. do not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian entity.”
However, the United States and its Western allies calculated that an independent Western Sahara under the rule of PF, supported by Algeria which was perceived as inclined toward the Soviet Union, would be against their Cold War interests. And so, the aspirations of the Sahrawi people to realize their internationally recognized right to self-determination, which was pitied as ‘unfortunate’ by the Spanish foreign minister at the time, was trampled over for imperial interests.
By the start of 1976, Moroccan forces occupied the western coastal region of Sahrawi, while Mauritanian forces took over the eastern interior region, forcing 40% of the Sahrawi population to flee to Algeria, where they continue to reside in refugee camps in the border town of Tindouf.
Guerrillas of the PF fought back, quickly regaining the eastern territory from Mauritania, which made peace with SADR and withdrew all its claims by 1979. However, “[b]acked by France and the United States, and financed by Saudi Arabia, Morocco’s armed forces eventually countered Polisario by building a heavily mined and patrolled 2,700-kilometer berm,” Lovatt and Mundy recount in their policy brief to ECFR.
Constructed with the help of U.S. companies Northrop and Westinghouse, the berm is the second longest wall in the world, reinforced with the world’s longest minefield consisting of about seven million landmines. It is among the largest military infrastructures on earth.
Although the Moroccan forces managed to bring about a stalemate by the 1980s with the completion of the construction of the berm, PF’s forces continued to antagonize their positions along the wall. By the time the ceasefire was agreed upon in 1991 following the establishment of MINURSO with a mandate to conduct a referendum, over a thousand enforced disappearances had been reported from the territory under Moroccan occupation. Yet, the protests were unrelenting.
In the meantime, SADR’s cause was gaining increasing support. In 1980, the UN General Assembly (UNGA) recognized the PF as the international representative of Western Sahara. In 1984, after SADR was welcomed as a member of the Organization of African Unity (OAU), the precursor to the African Union (AU), Morocco quit the organization in protest.
Three years later, Morocco applied for membership of the European Communities, which later evolved into the European Union (EU). However, not considered a European country, Morocco’s application was turned down. It was only in 2017 that Morocco joined the AU, to which it was admitted without recognition of any territorial rights over SADR, which is a founding and full member-state of the AU.
In this context of the increasing isolation it faced in the 1990s over its occupation of SADR – except for the backing of the United States, France and Spain – Morocco agreed to hold a referendum, and eventually signed the Houston Agreement with the PF in 1997. This remains till date the only agreement signed between the two. Voter lists were then prepared by MINURSO, and SADR seemed to be on the verge of holding the long-due referendum to realize its decolonization in accordance with the UN Declaration of 1960.
However, more concerned about the stability of the Moroccan monarchy—whose throne had passed from King Hassan II after his death in 1999 to his son Mohammed VI—the United States and France nudged the new King to renege on the Houston agreement, Lovatt and Mundy recount.
The United States’ facade of neutrality on the Sahrawi issue and support for the UN Declaration on decolonization—even while antagonizing the Sahrawi liberation struggle all these decades—was officially removed on December 10, 2020.
The White House, under Donald Trump’s presidency, announced that day that “the United States recognizes Moroccan sovereignty over the entire Western Sahara territory.” Arguing that “an independent Sahrawi State is not a realistic option for resolving the conflict” the United States declared that autonomy under Moroccan sovereignty is “the only basis for a just and lasting solution to the dispute.”
EU and UK Are Invested in Morocco’s Occupation of Western Sahara
This decision of Spain was quickly welcomed by the EU. Its Foreign Policy Chief Josep Borrell’s spokesperson remarked that stronger bilateral relations between any of its member-states and Morocco “can only be beneficial for the implementation of the Euro-Moroccan partnership.”
94% of the fisheries caught by the European fleets from 2014-18 under this “partnership” with Morocco was from Sahrawi waters. When the Court of Justice of the European Union (CJEU) ruled in 2018 that the fisheries agreement with Morocco cannot extend to Sahrawi waters over which Morocco had no sovereignty, the EU simply renegotiated the agreement specifying the inclusion of Sahrawi territory.
A total of 124,000 tonnes of fishery, worth EUR 447 million, was extracted by Europe from Sahrawi waters in 2019, and another 140,500 tonnes, valued EUR 412 million, in 2020. Ruling on Polisario’s challenge to this continuation of European fishing under a new agreement, the General Court of the European Union annulled the same in September 2021.
The European Commission appealed this decision of the court in December 2021. In March 2022, the European Commissioner for the Environment, Oceans, and Fisheries, Virginijus Sinkervicius reiterated in a response to a question in the EU parliament that “the Commission confirms its commitment to the EU-Morocco Fisheries Partnership Agreement.”
Fadel said that the “EU fishing fleets are still finding ways to continue the illegal fishing in the Sahrawi waters with the complicity of the occupying power.”
The United Kingdom High Court of Justice (UKHCJ) had also upheld CJEU’s reasoning in 2019 while ruling in favor of the Western Sahara Campaign UK (WSCUK). The court ruled that the WSCUK “has been completely successful in its litigation” that the preferential treatment given by UK’s Revenue and Customs Service to goods coming from Western Sahara under the EU’s agreement with Morocco went against the international law. The court also concluded the same about the Department for Environment, Food and Rural Affairs’ granting quotas to British vessels fishing in Sahrawi waters.
On October 5, 2022, the High Court held the first hearing of the WSCUK’s case against the Department for International Trade and the Treasury over the UK-Morocco Association Agreement (UKMAA), which was signed in October 2019 post-Brexit.
Three of the five permanent seats with veto power in the UNSC are held by the United States, UK and France, all of which have worked against the Sahrawi liberation struggle. Under the watch of the UNSC, “self-determination and decolonization were replaced with a peace process that has given Morocco veto power over how the Sahrawi people fulfill their internationally recognized rights,” observed Lovatt and Mundy.
“We can only ask the UNSC to stop its pretense about human rights and democracy; to stop its hypocrisy,” Hamza Lakhal, a dissident Arabic poet from Laayoune, the largest city in occupied territory, told Peoples Dispatch. “They will move NATO for Ukraine because they hate Russia, but occupation of Western Sahara against all international laws and resolutions is okay because the occupying power here is a friend.”
‘A Collective Shame’
Morocco’s ‘friendship’ with the West has not necessarily won support for its occupation from fellow African countries. Its attempt to get Kenya’s new President William Ruto to withdraw the country’s decade-long support to the Sahrawi cause and endorse Moroccan claims of sovereignty over the occupied territory back-fired last month, embarrassing both Ruto and Morocco’s foreign ministry.
In a judgment on the same day, the African Court on Human and Peoples’ Rights reiterated that “both the UN and the AU recognize the situation of SADR as one of occupation and consider its territory as one of those territories whose decolonization process is not yet fully complete.”
Stating that “although Morocco has always laid claim on the territory it occupies, its assertion has never been accepted by the international community,” the court reiterated the ICJ’s 1975 advisory opinion.
Describing Sahrawis’ right to self determination as “inalienable, non-negotiable, and not subject to statutory limitations,” Algeria’s Foreign Minister Ramtane Lamamra, in his address to UNGA on September 27, called on the UN “to assume their legal responsibilities towards the Sahrawi people.”
The UN-promised “organization of a free and fair referendum in order to enable these courageous people… to decide on their political future cannot forever be taken hostage by the intransigence of an occupying state, which has failed several times with regards to its international obligations,” he said.
Namibian President Hage Geingob said in his address to the UNGA that the “lack of progress in implementing UN resolutions to resolve the question of Western Sahara should be something we must all have a collective shame for.”