The flag of the Sahrawi Arab Democratic Republic (SADR) waved by a Sahrawi woman
The question of Sahara occidental remains a major source of tension between the Morocco et Algeria. Rabat claims sovereignty over this territory, considered a Moroccan province, while Algeria firmly supports the right to self-determination of the Sahrawi people. There Francetraditionally aligned with Moroccan positions, recently strengthened its support for Rabat by announcing investments in the region, provoking the ire of Algiers. This new diplomatic dynamic has exacerbated regional tensions, while the status of the territory remains disputed under international law.
A European decision that thwarts Moroccan ambitions
L’European Union has just inflicted a significant setback on Moroccan claims over the airspace of Western Sahara. The European Commissioner for Transport and Sustainable Tourism, Apostolos Tzitzikostasclearly reaffirmed that the Euro-Mediterranean air agreement between l’UE and the Morocco does not cover air connections to Saharawi territory. This position, announced on December 3, 2024 during the Consultative Forum on EU Foreign Policy on Aviation, puts an end to the diplomatic maneuvers of Rabat which increased the pressure on Madrid to obtain management of this airspace.
Legal and commercial implications
The European decision is based on a judgment of the Court of Justice of the EU dating from November 30, 2018. This court then established a clear distinction between legitimate Moroccan territory and Western Sahara, excluding the latter from the scope of EU-Morocco agreements. This legal interpretation is based on fundamental principles of international law, notably the right to self-determination enshrined in the United Nations Charter. European airlines currently operating flights to Western Sahara, such as Ryanair, thus find themselves in a precarious legal situation, their activities not being regulated by any official agreement.
-A regional diplomatic impact
This European decision strengthens the Algerian position on the Sahrawi question. THE El Bina El Watani Movement also promptly welcomed this legal clarification, reaffirming its support for the right of the Sahrawi people to self-determination. The organization also denounced the exploitation of Sahrawi resources by various foreign companies, describing these activities as illegal. This position of l’UE also complicates the situation of the Francewhose recent investment initiatives in Western Sahara now come up against a European legal framework clearly unfavorable to Moroccan claims.
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