The Communist Party of Swaziland says Mswati police shot 21-year-old party member Mvuselelo Mkhabela at close range, as the monarchy attempts to enforce what the party refers to as “unpopular sham election processes.” / credit: Twitter / CPSwaziland
Editor’s Note: This article originally appeared in Peoples Dispatch.
The Communist Party of Swaziland (CPS) reported on February 28 that the police force of Africa’s last absolute monarchy has shot and disappeared one of their members, Mvuselelo Mkhabela, age 21. “Comrade Mvuselelo was badly shot at and dragged to the police van helplessly and his whereabouts and condition is unknown and the armed to teeth police force continued its attacks to the protesting community,” CPS tweeted. Reportedly this abduction happened at around 13:00h (local time) on February 28.
This latest act of violence by the Swaziland police force comes amid an uptick in police repression of recent protests against the “farcical” parliamentary elections. CPS claims that the elections are a farce because the parliament itself is under the control of the monarchy, so the electoral process constitutes “a tool used by the absolute monarchy to sanctify King Mswati’s decision.” Mvuselelo himself was arrested and tortured earlier this month for protesting these elections, which are set to occur this August. Shortly after his arrest, Mvuselelo told Peoples Dispatch, “Often, when [police] invade communities, there is no one to defend the family or the individual from the wrath of the regime. This cannot go on.” Mvuselelo was abducted today in one such police invasion.
Communists in Swaziland have been involved in a struggle against the monarchy for decades. In recent months, the regime led by King Mswati III has intensified attacks against pro-democracy activists, including the assassination of human rights lawyer Thulani Maseko, threats against union leader Sticks Nkambule, torture of union leader Mbhekeni Dlamini, and more.
“Mvuselelo’s consciousness and commitment to the just course of the people of Swaziland fighting for democracy in the face of a militarized system of oppression presided by Mswati and his political elites remains unwavering,” CPS wrote in a tweet.
A protest in Taleex, Somalia, on January 15 / credit: Khaatumo Media Office
Editor’s Note: Light editing helped conform this article that originally appeared in Peoples Dispatch to TF’s style.
Protests against secessionist rule are spreading across the Sool region of Somaliland, the breakaway region of northern Somalia. Unionist protesters are calling for reunification with Somalia and Somali activists and observers opine that the protests might soon spread across Somaliland, questioning the legitimacy of its unrecognized claim to sovereignty, which the United States and the United Kingdom have been seeking to strengthen with recent overtures.
On Sunday, January 15, protests were reported from the Taleex city, where Somaliland’s tricolor flags were removed and replaced with the blue flags of Somalia. Taleex is about 160 kilometers northeast of the epicenter of the protests, Las Anod, Sool region’s capital city. Las Anod was captured by Somaliland from Somalia’s autonomous region of Puntland in 2007.
The protests began in the city on December 28. In an attempt to put them down, security forces killed at least 20 civilians over the following five days, before reportedly retreating to the city’s outskirts on January 5.
Somaliland’s commander of Armed Forces, Brigadier General Mahad Ambashe, has, however, indicated his intention to take back the city, saying that his troops “shall continue staying in Las Anod and Sool region to ensure law and order has been followed by residents.”
Defiant, the clan leaders of the region held a meeting in Las Anod on January 12, calling on Somaliland’s forces to withdraw from Sool, Sanaag, and Cayn (SSC), where a majority of the people have been historically opposed to secession from Somalia.
Pro-unionist troops under the command of the head of the Dhulbanate clan have taken over the city and sworn to defend it from Somaliland. “Everybody is waiting for the tribesmen in Las Anod to fully announce a war against Somaliland. And you will hear this very soon as they have formed a committee of 33 heads to come up with a roadmap to remove Somaliland from SSC,” Elham Garaad, a UK-based Somali activist whose unionist parents migrated out of Somaliland, told Peoples Dispatch.
The protests had spread to the city of Kalabaydh, 70 kilometers (43 miles) to the southwest of Las Anod, by January 12. Two days later, unionist demonstrations broke out in Xudun, 100 kilometers (62 miles) to the north of Las Anod, and in Boocame, 80 kilometers (49 miles) to its east. Protesters also took to the streets of Boocame’s neighboring Tukarak on January 15, and blocked a minister from visiting the city.
Badhaan, a city in Sanaag region, and Buuhoodle city in Cayn region, have also witnessed protests. The three regions together had formed the Sool, Sanaag, and Cayn (SSC) state of Somalia, before being forced into Somaliland by the secessionist Somali National Movement (SNM).
Waving the blue flag of Somalia, the protesters have been demanding the “right to self-determination” on the question of reuniting with Somalia, which was fractured after the civil war that ended with the collapse of its federal government in 1991.
‘Most Regions in Somaliland Oppose Secession’
“Until 1991, there was no such thing as Somaliland, except when the area was a British Protectorate,” Mohamed Olad, a Somali activist studying law in the United States, told Peoples Dispatch. “The idea of forming a country on the basis of this border of the British protectorate,” separating itself from the part of Somalia under Italian occupation, was opposed by two of the three original states of Somalia that came to be part of the self-declared Republic of Somaliland after 1991, he said.
Support for secession was largely limited to the North West state, a stronghold of the SNM, which fought in the war against Somalia’s federal government led by Mohamed Siad Barre. SSC and Awdal “have historically opposed” the notion of Somaliland, Olad explained, adding that Awdal was captured by the SNM with the help of Ethiopia during the civil war.
The SSC leaders, on the other hand, were tricked into signing an agreement on the guarantee that Somaliland would form itself into a single state within Somalia. “That agreement never included secession,” he said, adding that discontent against Somaliland’s rule has since been intensifying, and protests might also soon spread to Awdal.
Three of the four major clans—namely the Dhulbahante, Warsangeli and Gadabursi—along with the smaller Issa clan, had opposed the secession from Somalia, added Elham Garaad. Only the Isak clan, which dominated the SNM and had a strong presence in the North West state, supported the secession and formation of Somaliland. Other clans have since felt marginalized by the Isak, which wields disproportionate power in the government of Somaliland.
But currently, the “Isak themselves are divided,” Garaad said. “Gaarhajis, one of the largest tribes (under the Isak clan), has been vocal about the atrocities in the SSC region.” Defending the right of the people in SSC to be unionist, they have called on the Somaliland government to stop the killings. Garaad maintains that the current spate of protests may soon reach even Somaliland’s capital city Hargeisa, which has been a historic stronghold of the SNM’s secessionist politics, dominated by the Isak.
“SNM was led by the elite and petty bourgeoisie of the Isak clan. They have neither dealt with the class contradictions within the clan, nor succeeded in integrating other clans into the secessionist movement,” historian Mohamed Hassan told Peoples Dispatch. “While the Isak is supposed to be the ruling clan, in effect, what you have in Somaliland is a one-man rule by former army Colonel Musa Bihi Abdi, whose term had already expired in October 2022. [An] increasing number of people within the Isak clan are also supporting unionist politics.”
Somalia is among the most homogeneous countries in Africa, in terms of language and religion, explained Hassan, who is also an advisor to the head of Ethiopia’s Somali state. The clan system from feudal times, preserved under colonial administration as an essential tool for divide-and-rule, remains the key fissure exploited by imperialism to ensure Somalia remains a fractured nation, he argued.
Rising Tide of Somali Nationalism
“But hundreds of thousands from Somaliland are working and staying in Somalia,” he added. Youngsters from Somaliland make up a significant portion of Somalia’s national army. The large Somali diaspora is getting increasingly politicized and organized by international exposure. All this has contributed to a surge in Somali nationalism, he said, adding that even businessmen in Somaliland, who want a larger and integrated market, seek a unified Somalia.
The tensions between clans—whose leaders choose the MPs in most of Somalia, including in Somaliland—is only a surface manifestation of the tide of Somali nationalism churning from underneath, Hassan argued. In the face of this nationalist sentiment, Somaliland’s existence as an independent entity is facing a “crisis of legitimacy” internally, he maintains.
This crisis is accentuated by the fact that Musa Bihi Abdi’s presidential term expired last October, despite which he has continued to rule without having conducted elections yet. In September, the Somaliland Electoral Commission announced that elections cannot be held for at least nine more months due to financial and technical problems.
Opposition parties, which have 52 of the 82 seats in Somaliland’s parliament, had led protests in August demanding timely elections. At least seven people were killed and several more wounded in the crackdown on these protests. It was the assassination of a popular opposition politician, in the backdrop of a spate of killings of prominent people in the SSC region over the last decade, that triggered the protests on December 28 in Las Anod, which have snowballed into a unionist movement.
While Somaliland is thus unraveling, with internal rifts between ruling and opposition parties, mounting tensions between the clans, and sa urging unionist sentiment contesting its legitimacy, the United States and the United Kingdom have been increasingly legitimizing the secessionist state.
U.S. Military Base in Somaliland?
The then-commander of United States Africa Command (AFRICOM) General Stephen Townsend met with President Abdi in Somaliland in May, becoming the highest ranking official to visit the breakaway state, whose claims to sovereignty have no international recognition.
While not recognizing Somaliland as a sovereign state, and officially adhering to ‘One Somalia policy,’ the United States has lately made several gestures seen as a dilution of this policy. Prior to Townsend’s visit, in March 2022, the Somaliland Partnership Act was introduced in the U.S. Senate by Republicans Jim Risch and Mike Rounds, and Democrat Chris Van Hollen.
The “Biden Administration has limited itself to the confines of a ‘single Somalia’ policy at the detriment of other democratic actors in the country. In this complex time in global affairs and for the Horn of Africa, the United States should explore all possible mutually-beneficial relationships with stable and democratic partners, like Somaliland, and not limit ourselves with outdated policy approaches and diplomatic frameworks that don’t meet today’s challenges,” Jim Risch had said.
The act was signed into law by U.S. President Joe Biden on December 23, under the Fiscal 2023 National Defense Authorization Act, which was the first time a separate reference to Somaliland was made in U.S. law.
The Act commissions a feasibility study by the “Secretary of State, in consultation with the Secretary of Defense,” to determine “whether opportunities exist for greater collaboration in the pursuit of United States national security interests… with… Somaliland.”
It further seeks to identify “the practicability and advisability of improving the professionalization and capacity of security sector actors within the Federal Member States (FMS) and Somaliland.” While adding that “Nothing in this Act… may be construed to convey United States recognition of Somalia’s FMS or Somaliland as an independent entity,” it stops just short of doing that.
Somaliland’s port city of Berbera will also be one of the sites for the U.S.-led multinational 10-day military exercise scheduled to take place in February. On January 13, personnel from AFRICOM’s Combined Joint Task Force – Horn of Africa [CJTF-HOA] visited Somaliland and surveyed the Berbera port.
“Berbera is now an American military base without settling the secession issue,” former Somali Special Envoy to the United States, Abukar Arman, wrote in the Eurasia review. “Stakes have never been higher for all actors. Against that backdrop, President Muse Bihi was given the nod and wink to march on ahead to secure total control over his claimed territory by any means necessary. He was also granted the reassurance that neither the central government of Somalia nor Puntland will interfere militarily or otherwise.”
‘Oil Companies Want a Weak and Divided Somalia’
In the meantime, Genel Energy, listed in London Stock Exchange, claimed the right to explore and exploit the oil fields in Somaliland last month. The oil ministry of the federal government of Somalia has said it “categorically rejects Genel Energy plc’s claim to own petroleum rights in Somalia’s northern regions and calls upon Genel Energy plc to cease its illegal claim to own petroleum rights.”
Insisting that it is the only body authorized to grant such rights, it warned: “Any authorization granted in violation of Somalia’s laws and regulations is unlawful and would be considered null and void.”
Refuting Somalia’s Federal government, Somaliland’s secessionist government has claimed “the authority to engage foreign investors in order to explore and exploit the Republic of Somaliland’s potential hydrocarbons and mineral resources. No one other than the Somaliland government has the authority to claim or award an exploration license within Somaliland,” a statement issued on December 29 said, amid the crackdown on the protests in Las Anod.
Las Anod is also claimed by Somaliland’s neighboring Puntland, which has been an autonomous region within Somalia in dispute with Somaliland over the SSC region. On January 9, Puntland declared that it will be independent of Somalia until the Federal Constitution is finalized.
Disputes over the rights to enter into partnerships with foreign companies over oil and other natural resources are reported to be among the key reasons behind tensions between the Federal government of Somalia and Puntland.
“Oil and gas has been found across Somalia, including in Somaliland and Puntland. British capital is heavily invested. These oil companies want a weak and divided Somalia, because a strong and united country will be more difficult to exploit,” Hassan said.
Puntland’s state government maintains that the provisional federal constitution and the constitution of Puntland state allows it to act as an independent entity until the federal constitution is finalized, and all the states’ constitutions are harmonized with it.
Pointing out that Puntland has a constitutional right to be independent until the finalization of the federal constitution, Olad said it is Somaliland that has been blocking the finalization of the constitution. The federal government of Somalia, he said, should ensure that Somaliland will no longer hold the process of finalizing the constitution hostage.
However, a lack of confidence in the federal government led by President Hassan Sheikh Mohamud, who is seen as inept and pliable by western powers, is perceptible, despite the surging unionist politics and nationalist sentiment.
The federal government can truly reflect the widespread sentiment of Somali nationalism only when it is elected on the basis of one-person-one-vote, argues Olad. Former President Mohamed Abdullahi Mohamed, aka Farmajo, who had become a popular representative of Somali nationalism, had promised to break the stranglehold of the clans by implementing universal adult suffrage, but failed to do so. He lost the clan-controlled election last year, and the current government of Hassan Sheikh Mohamud has failed to materialize the aspirations of Somali nationalism.
Mohamed Hassan sums the situation up by citing [Italian communist] Antonio Gramsci: “The old is dying and the new is struggling to be born,” he says, adding that “the winds of change are most definitely blowing over all of Somalia.”
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.”
As anger over incoming tax hikes boils over in Kenya, African Stream takes a deep dive into the role the International Monetary Fund (IMF) has played in ramming austerity down Africans’ throats. It boils down to neocolonial debt slavery, a system designed to oppress Africans, while oiling the wheels of otherwise faltering Western economies. African Stream’s Kenneth Kaigua breaks down this complex issue.