A coastal village in the Indian state of Andhra Pradesh. While the poorest of the world will be the hardest hit by climate change, the wealthiest countries struck down at COP26 the possibility of compensating for related losses and damages / credit: Rishika Pardikar
What left many grumbling at the 26th meeting of the Conference of Parties (COP26) held in November in Glasgow was rich countries like the United States and those in the European Union striking down the Glasgow Loss and Damage Facility, a body created to address how to compensate developing countries for climate change-related losses and damages. Wealthy countries have been found to be most responsible for causing the climate crisis and face litigation as well as ensuing liabilities and payouts.
But the demand to recognize loss and damage remains alive. A good indication being many climate-vulnerable developing countries have referenced loss and damage in their Nationally Determined Contributions (NDCs). Under the 2015 Paris Agreement, countries are required to submit NDCs to detail their national action to address global climate change, including steps to adapt to a changing climate and the form of financial assistance needed to undertake such action.
A geotextile tube (engineered coastal defense mechanism) located in the state of Odisha, along India’s eastern coast, to keep out rising sea levels caused by climate change / credit: Rishika Pardikar
Small-Income and Developing Countries Hard Hit
A report published in October, 2021 found one-third of the 250 NDCs that were analyzed explicitly mentioned loss and damage. Most were from small-island developing states and least developed countries in the Asia-Pacific, Latin America and the Caribbean. The report was supported by the European Research Council’s Politics of Climate Change Loss and Damage (CCLAD) project.
“NDCs are political documents and not just technical submissions [under the Paris Agreement],” said Elisa Calliari, a co-author of the report.
Developed countries tend to focus on mitigation action, like the deployment of renewable energy. But that hasn’t been the case for the majority of the world’s states.
“Developing countries have pushed hard for the inclusion of adaptation in NDCs because, for them, this is more of a priority than mitigation,” Calliari pointed out. “So you can see the politics.”
For people living in an island nation like Sri Lanka, “key loss and damage impacts are felt in food systems and other vulnerable sectors, like the coastal and marine sector and water resources. These impacts have already resulted in migration interlinked with or induced by climate change among vulnerable communities,” said Vositha Wijenayake, executive director of the SLYCAN Trust, a non-profit think tank working in Asia, Africa and Europe. Its work focuses on climate change, biodiversity and ecosystems, sustainable development, and social justice.
Sri Lanka is classified as a lower-middle income/developing country. Given that it is also an island, its exposure to climate-related risks is high. These two factors make it extremely vulnerable to climate impacts and the ability to withstand them.
So, Wijenayake added, it is important for countries most vulnerable to climate change that loss and damage is a “key component” in addressing climate change processes, both negotiations and climate action. And this is why Sri Lanka was among the first countries to have a separate section allocated to loss and damage commitments included in its first NDCs submitted in September 2016. Building on this, the updated NDC of Sri Lanka submitted last July includes a separate section on loss and damage.
Interestingly, the report says upper-income countries like Costa Rica, Chile and Uruguay also have cited loss and damage in their NDCs.
And outside of NDCs, many developing countries have explicitly stated loss- and damage-related demands. For instance, consider India’s environment ministry laying out ahead of COP26, “There should be a compensation for expenses incurred, and it should be borne by developed nations.”
An island created by rising sea levels off the coast of Mirissa in Sri Lanka / credit: Youhana Nassif on Unsplash
How to Fund Loss and Damage
A question that usually rears its head with respect to addressing loss and damage is how to “operationalize” it, or what processes and institutions could be set up at the global and national levels to address loss and damage.
“[One way would be] to look at NDCs for a bottom-up approach to understand how countries themselves are looking at loss and damage,” Calliari said.
Of the NDCs that explicitly mention loss and damage, around half specify loss- and damage-related responses and initiatives like data gathering, analysis and assessment, and institutional capacities to address loss and damage. For example, Sri Lanka’s NDC has a whole section on loss and damage. It mentions strengthening its weather and climate forecasting systems, plus improving data management to record loss and damage. Meanwhile, Honduras’ NDC puts forth a “gender-responsive agricultural insurance mechanism for loss and damage.”
Wijenayake also stressed “inclusive and participatory processes,” in which the voices of those vulnerable to climate change are taken into account in the national and international policy-making processes. As is “ground-level implementation,” she added.
And so, country-specific NDCs could potentially be a good starting point to determine how to put mechanisms in place to address loss and damage on a global scale.
The other gap that exists today is how finance can be mobilized to fund efforts that compensate for climate change-related loss and damage. A recent study by the Stockholm Environment Institute offers potential solutions.
The researchers propose finance should be provided based on the following:
Solidarity,
“polluter pays” principle that is based on “historical responsibility,” and
CBDR-RC means that while climate change is a shared concern, rich countries with a history of emitting carbon—like the United States and those in Europe—have a greater responsibility to take climate action than the poorer countries.
The “polluter pays” principle has only been used to hold fossil fuel companies accountable for environmental destruction. It implies more strict liabilities than “historical responsibilities,” which outlines broad principles based on past emissions.
The authors stress a combined approach that deploys the principles of solidarity, polluter pays and historical responsibility, as well as using the framework of CBDR-RC, to finance loss and damage.
A strictly liability-based approach would be “politically infeasible and communities cannot wait for years to prove the liability,” said Zoha Shawoo, an associate scientist at the Stockholm Environment Institute as well as one of the authors of the SEI report.
The research team also looked at methods of recovery and rehabilitation that communities would need after financing efforts to cover losses and damages. Those efforts can include planning the relocation of communities, assisting with migration and providing affected people with alternative livelihoods. Here, too, NDCs could help with granular details like national-level entities and processes that could assist local communities with issues like displacement and loss of livelihood.
Rishika Pardikar is a freelance journalist in Bangalore, India. She had reported for Toward Freedom from COP26 in Glasgow.
On September 10, sections of the second Nord Stream 2 pipeline laid from the German shore and Danish waters were connected in a so-called “above water tie-in.” The opposing pipe strings were lifted from the seabed by the lay barge, Fortuna. Then the pipe ends were cut and fitted together. The welding to connect the two lines took place on a platform located above the water on the side of the vessel. Then the connected pipeline was lowered to the seabed as one continuous string / credit: Nord Stream 2 / Axel Schmidt
Editor’s Note: The following represents the writer’s analysis and was produced in partnership by Newsclick and Globetrotter.
The current crisis of spiraling gas prices in Europe, coupled with a cold snap in the region, highlights the fact that the transition to green energy in any part of the world is not going to be easy. The high gas prices in Europe also bring to the forefront the complexity involved in transitioning to clean energy sources: that energy is not simply about choosing the right technology, and that transitioning to green energy has economic and geopolitical dimensions that need to be taken into consideration as well.
Gas wars in Europe are very much a part of the larger geostrategic battle being waged by the United States using the North Atlantic Treaty Organization (NATO) and Ukraine. The problem the United States and the EU have is that shifting the EU’s energy dependence on Russia will have huge costs for the EU, which is being missed in the current standoff between Russia and NATO. A break with Russia at this point over Ukraine will have huge consequences for the EU’s attempt to transition to cleaner energy sources.
The European Union has made its problem of a green transition worse by choosing a completely market-based approach toward gas pricing. The blackouts witnessed by people in Texas in February 2021 as a result of freezing temperatures made it apparent that such market-driven policies fail during vagaries of weather, pushing gas prices to levels where the poor may have to simply turn off their heating. In winter, gas prices tend to skyrocket in the European Union, as they did in 2020 and again in 2021.
For India and its electricity grid, one lesson from this European experience is clear. Markets do not solve the problem of energy pricing, as they require planning, long-term investments and stability in pricing. The electricity sector will face disastrous consequences if it is handed over to private electricity companies, as is being proposed in India. This is what the move to separate wires from the electricity they carry aims to achieve through Indian Prime Minister Narendra Modi’s government’s proposed amendment to the existing Electricity Act of 2003.
In order to understand the issues related to transitioning toward green energy, it is important to take a closer look at the current gas supply-related issues being faced by the European Union. The EU has chosen gas as its choice of fuel for electricity production, as it goes off coal and nuclear while also investing heavily in wind and solar. The argument advanced in favor of this choice is that gas would provide the EU with a transitional fuel for its low carbon emission path, as gas tends to produce less emissions than coal. It is another matter that gas is at best a short-term solution, as it still emits half as much greenhouse gas as coal.
As I have written earlier, the problem with green energy is that it requires a much larger capacity addition to handle seasonal and daily fluctuations that planners have not accounted for while advocating for switching over to clean energy sources. During winter, days are shorter in higher latitudes, and the world therefore gets fewer hours of sunlight. This seasonal problem with solar energy has been compounded in Europe with low winds in 2021 reducing the electricity output of windmills.
The European Union has banked heavily on gas to meet its short- and medium-term goals of cutting down greenhouse emissions. Gas can be stored to meet short-term and seasonal needs, and gas production can even be increased easily from gas fields with requisite pumping capacity. All this, however, requires advance planning and investment in surplus capacity building to meet the requirements of daily or seasonal fluctuations.
Unfortunately, the EU is a strong believer that markets magically solve all problems. It has moved away from long-term price contracts for gas and toward spot and short-term contracts—unlike China, India and Japan, which all have long-term contracts indexed to their oil prices.
Why does the gas price affect the price of electricity in the EU? After all, natural gas accounts only for about 20 percent of the EU’s electricity generation. Unfortunately for the people in the EU region, not only the gas market but also the electricity market has been “liberalized” under the market reforms in the EU. The energy mix in the grid is determined by energy market auctions, in which private electricity producers bid their prices and the quantity they will supply to the electricity grid. These bids are accepted, in order from lowest to highest, until the next day’s predicted demand is fully met. The last bidder’s price then becomes the price for all producers. In the language of Milton Friedman’s followers—who were known as the Chicago Boys—this price offered by the last bidder is its “marginal price” discovered through the market auction of electricity and, therefore, is the “natural” price of electricity. For readers who might have followed the recently concluded elections in Chile, Augusto Pinochet—who was a military dictator in Chile from 1973 to 1990—introduced the Constitution of 1980 in Chile and had incorporated the above principle in a constitutional guarantee to the neoliberal reforms in the electricity sector in the country. Hopefully, the victory of the left in the presidential elections in Chile and the earlier referendum on rewriting the Chilean constitution will also address this issue. Interestingly, it was not the former UK Prime Minister Margaret Thatcher—as is commonly thought—who started the electricity “reforms” but Pinochet’s bloody regime in Chile.
At present in the EU, natural gas is the marginal producer, and that is why the price of gas also determines the price of electricity in Europe. This explains the almost 200 percent rise in electricity price in Europe in 2020. In 2021, according to an October 2021 report by the European Commission, “Gas prices are increasing globally, but more significantly in net importer regional markets like Asia and the EU. So far in 2021, prices tripled in [the] EU and more than doubled in Asia while only doubling in the U.S.” [emphasis added].
The coupling of the gas and the electricity markets by using the marginal price as the price of all producers means that if gas spot prices triple as has been seen recently, so will the electricity prices. No prizes for guessing who gets hit the hardest with such increases. Though there has been criticism from various quarters regarding the use of marginal price as the price of electricity for all suppliers irrespective of their respective costs, the neoliberal belief in the gods of the market has ruled supreme in Europe.
Russia has long-term contracts as well as short-term contracts to supply gas to EU countries. Putin has mocked the EU’s fascination with spot prices and gas prices and said that Russia is willing to supply more gas via long-term contracts to the region. Meanwhile, in October 2021, European Commission President Ursula von der Leyen said that Russia was not doing its part in helping Europe tide over the gas crisis, according to an article in the Economist. The article stated, however, that according to analysts, Russia’s “big continental customers have recently confirmed that it is meeting its contractual obligations,” adding that “[t]here is little hard evidence that Russia is a big factor in Europe’s current gas crisis.”
The question here is that the EU either believes in the efficiency of the markets or it doesn’t. The EU cannot argue markets are best when spot prices are low in summer, and lose that belief in winter, asking Russia to supply more in order to “control” the market price. And if markets indeed are best, why not help the market by expediting the regulatory clearances for the Nord Stream 2 pipeline, which will ship Russian gas to Germany?
This brings us to the knotty question of the EU and Russia. The current Ukraine crisis that is roiling the relationship between the EU and Russia is closely linked to gas as well. Pipelines from Russia through Ukraine and Poland, along with the undersea Nord Stream 1, currently supply the bulk of Russian gas to the EU. Russia also has additional capacity via the newly commissioned Nord Stream 2 to supply more gas to Europe if it receives the financial regulatory clearance.
There is little doubt that Nord Stream 2 is caught not simply in regulatory issues but also in the geopolitics of gas in Europe. The United States pressured Germany not to allow Nord Stream 2 to be commissioned, and also threatened to impose sanctions on companies involved with the pipeline project. Before stepping down as the chancellor of Germany in September 2021, Angela Merkel, however, resisted pressure from Washington to halt the work on the pipeline and forced the United States to concede to a “compromise deal.” The Ukraine crisis has created further pressure on Germany to postpone Nord Stream 2 even if it means worsening its twin crises of gas and electricity prices.
The net gainer in all of this is the United States, which will get the EU as a buyer for its more expensive fracking gas. Russia currently supplies about 40 percent of the EU’s gas. If this stalls, the United States, which supplies about 5 percent of the EU’s gas demand (according to 2020 figures), could be a big gainer. The United States’ interest in sanctioning Russian gas supply and not allowing the commissioning of Nord Stream 2 has as much to do with its support to Ukraine as seeing that Russia does not become too important to the EU.
Nord Stream 2 could help form a common pan-European market and a larger Eurasian consolidation. Just as it did in East and Southeast Asia, the United States has a vested interest in stopping trade following geography instead of politics. Interestingly, gas pipelines from the Soviet Union to Western Europe were built during the Cold War as geography and trade got priority over Cold War politics.
The United States wants to focus on NATO and the Indo-Pacific region, as its focus is on the oceans. In geographical terms, the oceans are not separate but a continuous body covering more than 70 percent of the world’s surface with three major islands: Eurasia, Africa and the Americas. (Although in the formulation of British geographer Halford Mackinder, the originator of the world island idea, Africa was seen as a part of Eurasia.) Eurasia alone is by far the bigger island, with 70 percent of the world’s population. That is why the United States does not want such a consolidation.
The world is passing through perhaps the greatest transition that human civilization has known in meeting the current challenges posed by climate change. To address these challenges, an energy transition is required that cannot be achieved through markets that prioritize immediate profits over long-term societal gains. If gas is indeed the transitional fuel, at least for Europe, it needs long-term policies of integrating its gas grid with gas fields, which have adequate storage. And Europe needs to stop playing games with its energy and the world’s climate future for the benefit of the United States.
For India, the lessons are clear. Markets do not work for infrastructure. Long-term planning with state leadership is what India needs to ensure supply of electricity to all Indians and ensure the country’s green transition—instead of dependence on electricity markets created artificially by a few regulators framing rules to favor the private monopoly of electricity companies.
Prabir Purkayastha is the founding editor of Newsclick.in, a digital media platform. He is an activist for science and the free software movement.
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.”
Newly elected Chilean Constitutional Assembly President Elisa Loncón / credit: Instagram/Elisa.Loncon
In a stunning election that was centuries in the making, a 58-year-old Mapuche academic named Elisa Loncón took the helm of a strategic political body in Chile.
Loncón won the presidency of an assembly that will oversee the writing of a new constitution, delivering a sucker punch to the South American country’s socially conservative political establishment.
“This convention I will be presiding over will transform Chile into an intercultural Chile that does not violate the rights of women, the rights of caregivers,” Loncón said in her electrifying acceptance speech on July 4. “…Into a Chile that takes care of Mother Earth, that keeps its waters clean against all domination. A very special greeting for the Mapuche lamgnen [sisters] in Wallmapu [Araucania]. This dream is our ancestors’ dream.”
Having garnered 96 out of 155 votes, she will be tasked with overseeing the formulation of a new framework that will replace the one enacted by U.S.-backed dictator General Augusto Pinochet in 1980, after the Chilean Junta (army, police, navy and air force) violently seized control of Chile in 1973 during a coup aided by the United States.
Despite Chile’s reputation as a politically stable country, tensions have been brewing since the start of the transition to democracy that commenced in 1990, after General Pinochet lost a referendum in 1988. Despite promises to right the wrongs of the regime, successive governments over the last 30 years have neither tackled lingering impunity nor reformed the economy. Extreme neoliberal policy enshrined in the constitution has led to the increase in social and economic disparity over the last three decades, with social apartheid becoming a symbol of Pinochet’s toxic legacy. A Gini coefficient (a measure of inequality) of 46 makes Chile one of the most unequal countries in the developed world, with the privatization of education and healthcare contributing to the gulf between the wealthy upper classes and the rest of Chilean society. Currently, the income gap stands at 65 percent, much higher than the Organization for Economic and Cooperation Development average. State pensions typically pay around $150 per month and an average wage of around $500 per month.
Powered by the People
On October 18, 2019, a simple student protest against a metro fare hike ignited a mass movement. Ordinary Chileans, exasperated with soaring inequalities, took to the streets in the millions across the country to demand social change. Central to protesters’ demands was the implementation of a new constitution guaranteeing freedoms and rights for the many, instead of for self-serving elites, who have benefited from decades of uninterrupted political power and the fruits of economic success.
During the onslaught of the protests, it’s estimated that hundreds suffered eye injuries at the hands of police. Student Gustavo Gatica, who was blinded at one of the protests, came to symbolize the dignified struggle for social justice. The threat of violence and imprisonment did nothing to deter a new generation of Chileans that felt they had little to lose but their dignity. Finally, in March 2020, President Sebastián Piñera conceded defeat and held a referendum on writing a new constitution. On October 25, 2020, Chileans—famous for their voter apathy—voted overwhelmingly in favor (78 percent). The conservative right’s dominance was set to crumble.
The Loncón Effect
The heralding of a new constitution kickstarted a series of blows to a fat-cat political establishment so enmeshed, that the right and left merged into an indistinguishable and hyper-privileged political class, of which Chilean congress members earn $23,000 per month.
Of the 155 members of the constitutional assembly, traditional parties across the political spectrum won only 38 seats. A marked shift to the left began to unfold. For the first time in 51 years, a truly representative body was elected, in which feminists, environmentalists, Indigenous people and grassroots working-class activists won an opportunity to shape Chile’s future. The election of Mapuche academic Elisa Loncón has been the icing on the cake.
A highly regarded linguist and Mapuche activist, Loncón has an impressive academic career that includes a degree in English at the University of La Frontera in Chile, and postgraduate studies at the International Institute of Social Studies in The Hague in the Netherlands, at the University of Regina (Canada) and at the UAM Iztapalapa in Mexico City. She has a Ph.D. from Leiden University in the Netherlands and a doctorate in literature from the Pontifical Catholic University of Chile. No mean feat for a woman born into poverty and social marginalization. Mapuche cultural resistance continues to thrive despite 500 years of systematic marginalization and discrimination.
The Mapuche make up around 12 percent of Chile’s 18.95 million people, although a significant portion of Chileans identify as Mestizos, those with mixed Indigenous and European heritage.
The quest for Mapuche autonomy and the right to live on ancestral lands, despite being enshrined in Chilean and international law, have been denied because the Southern territories are rich with natural resources and had been sold to local tycoons and multinationals. All attempts to recover ancestral lands are punishable under the 1984 terror act Pinochet enacted. As a result, hundreds of Mapuche community leaders are languishing in the prisons of Temuco, Angol and Lautaro.
A tradition of resistance flows through Loncón’s veins. Her father was active in land recuperation efforts during socialist President Salvador Allende’s administration and her great grandfather fought against colonial invasion during the 1800s.
The Unstoppable Rise of the Left
The election of Loncón is not the only nail in the establishment’s coffin. Communist economist Iraci Hassler, 30, was elected mayor of Santiago in May 2021 and communist politician Daniel Jadue, mayor of Recoleta, who created a “people’s pharmacy,” is a strong contender to win the presidency in the November elections.
Chile’s path to transformation can be directly attributed to grassroots organizing and relentless demands for fundamental change. Perhaps, after having endured a brutal dictatorship, 30 years of empty promises, nepotism and fierce austerity, the deadwood can finally be cut away and an inclusive people’s democracy will finally emerge from the rubble.
Carole Concha Bell is an Anglo-Chilean writer and Ph.D. student at King’s College London.
