[West-Sahara] verklaring CODESA

[Frank Willems]

Vanwege de uitspraak van de Europese rechters heeft CODESA de volgende 
verklaring uitgegeven in het Engels.




The Collective of Sahrawi Human Rights Defenders (CODESA) welcomes the 
CJEU decision and urges the EU institutions to implement it
The Collective of Sahrawi Human Rights Defenders (CODESA) welcomes 
today’s ruling from the Court of Justice of the European Union (CJEU). 
It is now up to the European Union institutions to uphold the legal 
decision of its highest judicial authority.

For years, we have witnessed the EU Commission and EU Council undermine 
and circumvent the CJEU’s ruling in 2016—an irresponsible act that seeks 
to replace the consent of the people of the Western Sahara with the 
so-called “consultations.” In that regard, the Court made its position 
clear: “the Court finds, first, that in view of the legal definitions of 
‘people’ and ‘consent’ in international law, the ‘consultations’ 
conducted by the institutions with the ‘people concerned’ did not amount 
to an expression of the consent of the people of Western Sahara.”

We recall that the Western Sahara’s legal status is that of a 
non-self-governing territory awaiting the completion of the 
decolonization process, where Morocco has no sovereignty. Moreover, the 
sovereignty over the Western Sahara and its natural resources remains 
the exclusive right of the Sahrawi people, who currently remain under 
military occupation. The Court affirmed its position on this matter, 
stating “the Court of Justice inferred from the principle of 
self-determination and the principle of the relative effect of treaties 
clear, precise and unconditional obligations towards Western Sahara in 
the context of its relations with Morocco, namely both to respect its 
separate and distinct status and to secure the consent of its people in 
the event of the implementation of the Association Agreement in that 
territory”

We remind the EU institutions as Saharawi Human Rights NGO, that the 
Western Sahara is a country with its own people, the Sahrawi nation, and 
any interest in trading the natural resources of Sahrawis should be 
negotiated with their UN-recognized representative, the POLISARIO Front, 
which the Court has reaffirmed as being “recognized internationally as a 
representative of the people of Western Sahara.” The Court further adds 
that the POLISARIO Front is to be considered “a legal person.”

It is time for the EU to demonstrate that it does not see itself as 
above the law and to have the courage to maintain this ruling through 
its engagement with its counterparts. Refusing to implement this ruling 
would grant Moroccan occupying forces the green light to continue 
committing crimes against humanity and violating international law. 
Furthermore, failing to implement this ruling would only contribute to 
prolonging the occupation at a great cost to the Saharawi people who 
have endured occupation and displacement for nearly half a century.

We encourage the EU member states, Council, and Commission to uphold the 
integrity of its institutions and legal framework. First among their 
actions should be:
     • clear instructions calling for the withdrawal of companies who 
continue to illegally trade and benefit from the natural resources of 
Western Sahara in violation of this ruling,
     • Immediately engage with the POLISARIO Front in a responsible 
dialogue to secure the consent of the Saharawi people.