Tags : Western Sahara, Morocco, Front Polisario, European Court of Justice, European Union, fish agreement, agricultural agreement,
Yesterday, Friday, the convenient relationship between the Spanish Prime Minister, Pedro Sánchez, and the King of Morocco, Mohammed VI, took a significant hit from the European Court of Justice (ECJ). The European court declared the agricultural and fishing agreements between Morocco and the European Union (EU) illegal. These agreements, in which Spain consistently intervened in favor of the Moroccan kingdom, had been a way to yield to the continuous immigration-related blackmail from the African country towards Spain.
The ruling was a major setback for Morocco and an embarrassment for the Spanish government, which often boasts of defending human rights but has overlooked the rights of the Sahrawi people since 2021. The ECJ overturned the EU-Morocco agricultural and fishing trade agreements because they were made without the consent of the people of Western Sahara, something the Spanish government ignored to prioritize Moroccan interests.
The Ruling
The ruling was particularly clear on the issue of the exploitation of Western Sahara’s fishing grounds by EU boats that paid a fee to Morocco, which exercised sovereignty over waters not recognized by the UN. The ECJ dismissed the appeals from the European Council and Commission, in line with the 2021 General Court of the EU ruling and the conclusions of Advocate General Tamara Capeta.
Notably, the application of this protocol expired on July 17, 2023, which led to the suspension of activities. This particularly impacts Spain, as 92 of the 138 fishing licenses in the area belong to Spanish fleets, specifically from Andalusia, Galicia, and the Canary Islands. These fleets are expected to file complaints against the Spanish government for losses in their fishing activities.
Based on the same principles, the Court also ruled on a French case concerning the origin labeling of melons and tomatoes from Western Sahara. It determined that labeling should only indicate Western Sahara as the country of origin, excluding any mention of Morocco to avoid misleading consumers about the true source of the products.
Well-Received by the Polisario Front and Spanish Agriculture
The ruling was welcomed by the Polisario Front, which had filed a series of annulment actions to challenge both agreements, arguing that they were made without the consent of the people of Western Sahara. This ruling further solidifies the Polisario Front’s role as a legitimate representative of the Sahrawi people before the EU.
The high court’s ruling reminds that these agreements do not create legal obligations for the people of Western Sahara, nor do they confer any rights or advantages regarding the exploitation of their resources. Therefore, consent cannot be presumed, especially since the Polisario Front, as the legitimate representative of the Sahrawi people, opposes the agreements, which the ECJ deems sufficient to question the consent of the Sahrawi people to this exploitation.
The head of Fruits and Vegetables at COAG, Andrés Góngora, stated that « the ruling must be enforced immediately, with no grace periods. European farmers didn’t have a grace period, and we suffered from the unfair competition of these agreements. » This sentiment is widely shared among Spanish agricultural sectors.
Triumph of Sahrawi Resistance Against Morocco and Pedro Sánchez
Additionally, the Polisario Front emphasized that this ruling is a « victory of resistance » and addresses their main demand: that any such agreements require the « consent » of the Sahrawi people and that their right to self-determination must be respected.
The Polisario representative in Spain, Abdulah Arabi, stressed that Western Sahara should be understood as « a distinct territory » from Morocco, and therefore Rabat cannot negotiate any agreements on its behalf with third parties. According to Arabi, accepting the Moroccan government as the representative of the Sahrawi population implies « recognizing the occupation. »
He now expects European countries to « act accordingly » and comply with the ECJ ruling. He also pointed out that the Polisario has always been « available » to companies and the agricultural and fishing sectors so they can benefit from Western Sahara’s resources while « respecting international law. »
Arabi further noted that any future dialogue must include the Polisario Front, and he reminded that Morocco and the Sahrawi Arab Democratic Republic (SADR) already sit in forums such as the African Union « as two separate states, » suggesting that the EU should also treat them as such, despite attempts by the PSOE and France to whitewash the Moroccan occupation.
Tesh Sidi, the Happiest Among Sánchez’s Allies in Government
Within Sánchez’s governing coalition, the decision was also well-received, especially by Sahrawi MP Tesh Sidi (from Sumar), who called it a historic day and congratulated the Polisario on social media « for its legitimate defense of its natural resources. » She added, « The EU and Spain have been exploiting the Sahrawi people’s fishing and agricultural resources for years through Morocco. »
In a related matter concerning the Western Sahara issue, Tesh Sidi also criticized Interior Minister Fernando Grande-Marlaska for deporting 16 Sahrawi asylum seekers who had been at Barajas airport. The MP stated that the minister « is pursuing policies that don’t upset Morocco » on the same day as the ruling.
In response to the ruling, Spain’s Foreign Minister José Manuel Albares issued a brief statement acknowledging that the government would comply with the European court’s decision. However, he did not explain Spain’s prior support for Morocco on this issue.
Source : Moncloa
#WesternSahara #Morocco #EU #JusticeCourt #FishAgreement
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