The Court of Justice of the European Union (CJEU) has pronounced the annulment of the agriculture and fishing trade agreements concluded between the European Union and the Kingdom of Morocco, based on the principle of self-determination and the requirement relating to the consent of the people of Western Sahara through the free expression of their unique and legitimate representative, the Polisario Front.
This is a resounding victory for the legitimate cause of the Saharawi people, first, through the recognition of the representativeness of the Polisario Front by the highest judicial institution of the European Union, which grants it the capacity of acting before the European Courts; in addition, through the annulment of the two agreements concluded in violation of the obligation relating to the necessary obtaining of the free and authentic consent of the Saharawi people, which derives directly from the separate and distinct status of the territory of Western Sahara as a non-self-governing territory eligible for self-determination in accordance with international law.
This double major advance enshrined in European jurisprudence is a historic achievement, which that will now be imposed on all the members of the European Union and its institutions in their relations with Morocco, as the occupying state.
This sentence also marks a new stage in the struggle of the people of Western Sahara for the exercise of inalienable, imprescriptible and non-negotiable right to self-determination, in the sense that it constitutes an essential benchmark for the international organizations involved in the search for a solution to the conflict in Western Sahara, that guarantees the right of the Saharawi people to self-determination.
Clearly in line with the status of Western Sahara, represented by the Sahrawi Arab Democratic Republic, as a founding State of the African Union, this new legal consecration of its international legal personality has the clarifying effect of reducing to nothing expansionist claims of the Kingdom of Morocco.
At the same time, this verdict of European Court indicates to the Security Council of the United Nations the path that the completion of the decolonization of Western Sahara must imperatively take.
Faced with an illegal occupation of Saharawi territories and an unbridled exploitation of natural resources over which the people of Western Sahara is the exclusive holder of permanent sovereignty, the Security Council is more than ever called upon to commit its authority to protect the national rights of the people of Western Sahara.