The sovereignty of Morocco over its Sahara rests on solid legal foundations, reinforced by the growing support of the international community. This is one of the main conclusions of the new book by the Japanese international law expert Shoji Matsumoto. Titled “Sahara Conflict: Reviewing the Legal Debate from an Integrated Perspective», the book was presented by its author last Friday at the headquarters of the Policy Center For The New South (PCNS) in Rabat, in the presence of a audience of academics, diplomats and researchers specialized in Sahara question and international law.
Rigorous legal analysis
Composed of twelve chapters, the book revisits the legal foundations of the dispute over the Moroccan Sahara, focusing on the peremptory norms of international law (jus cogens) as well as the political and legal implications of this issue. It constitutes an invitation addressed to decision-makers, academics and experts in international law to enrich the debates on the central role of international law in conflict resolution.
Regarding the Moroccan autonomy proposal, Shoji MatsumotoSenior Fellow at PCNS, highlights his pragmatic dimension and its alignment with international standards, in particular the principles linked to jus cogens (the characteristic of a rule recognized by all states and from which no derogation is possible). The former professor of international law at at the University of Sapporo Gakuinalso visiting researcher at SOAS, University of Londonunderlined the relevance of this autonomy plan, presented by Morocco in 2007 as the only realistic and credible solution. He praised this initiative for its inclusive approach, which guarantees respect for human rights in accordance with the fundamental principles of international law.
A rich debate and history in favor of the national cause
An expert on this issue, the former Minister of Health and former President of the House of Advisors, Mohamed Cheikh Biadillahwanted to recall certain historical facts necessary for understanding the artificial conflict around the Moroccan Sahara. Referring in particular to Portuguese “literature”, Mr. Biadillah recalled that Iberian ships requested authorization from the Sultans of Morocco to be able to moor in ports in the region and even further south.
Moderating this debate alongside the Kingdom’s former ambassador to the United Nations, Mohammed Loulichki, the former minister and diplomat and current Senior Fellow at PCNS, Nouzha Chekrouniwas also interested in the historical aspect. Recalling that it was the Kingdom which included, in 1962, the question of the Sahara within the decolonization committee in order to recover its territory colonized by Spain, Mr. Chekrouni affirmed that the use of the term decolonization “is completely biased today.”
-Still on the historical aspect, Mr. Matsumoto devotes an entire chapter to the advisory opinion of the International Court of Justice (ICJ) on the Sahara. Issued in 1975, this opinion was marked by the addition of issues such as territorial sovereignty, which exacerbated tensions rather than resolving them. For several speakers, the Court, in a first in the history of international lawdid not simply answer the question for which it was asked. “These additions, deemed non-essential, have weakened the neutrality of the ICJ and illustrate the risks of an international jurisdiction influenced by political agendas,” Mr. Matsumoto also recalls.
Legal gaps
The author compares the situation of the pseudo-“SADR” to that of Manchukuo, a puppet state that the Japan established in Manchuria, in northeastern China. This is how he warns against the premature recognition of non-sovereign entities, an act which violates the principles of international law according to Mr. Matsumoto. A point that Mr. Loulichki who did not hesitate to launch several avenues of reflection, particularly in relation to the status of the Polisario within the African Union (UA). “What is its status vis-à-vis the principle of self-determination and recognition as a state? Shouldn’t the African Union clarify this situation? If it recognizes the Polisario as a state, then it is no longer necessary to follow the United Nations process. Otherwise, the UN process should include clear participation of the Polisario within the framework of the African Union. This is one of the key issues at this level,” notes the former ambassador.
Crucial semantic issues
The semantic aspect is also important in this matter. Indeed, several speakers highlighted certain “slips of language» noticed in documents adopted by certain organizations and entities. “At the beginning, the international community considered the Polisario Front as one of the representatives of the populations of the Sahara,” they noted, stressing that the terms have been manipulated over the years. For 40 years, this dynamic led to linguistic and semantic confusion, leading to the front being called the “sole representative”.
By addressing these different aspects, the work of Shoji Matsumoto establishes itself as an essential reference for understanding the multiple dimensions of the conflict around Moroccan Sahara.
