**EU Court Finds Morocco Agreements Without Western Sahara’s Consent**
The European Union’s top court has made a definitive ruling that the fisheries and agriculture agreements between the EU and Morocco, established five years ago, did not involve consultations with the people of Western Sahara. This decision was announced by the European Court of Justice on Friday.
Western Sahara, a region on the Atlantic coast with significant phosphate reserves, has been a matter of dispute since Morocco annexed it in 1975, leading to conflict with the pro-independence Polisario Front. Recognized by the United Nations as a “non-self-governing territory,” the status of Western Sahara remains a delicate issue in the region.
The European Court of Justice emphasized that for the EU-Morocco agreements to be valid, they must have the consent of the people of Western Sahara, which was lacking in this case. The court stated that the agreements were in violation of principles of self-determination and the impact of treaties. Legal appeals by the EU’s executive branch and the council representing member countries were dismissed entirely by the Luxembourg-based court.
The fisheries agreement outlined areas where European vessels with Moroccan permits could operate, including waters controlled by Morocco to the west of the disputed territory. As the four-year agreement has already expired, the court’s ruling will primarily affect future agreements between the parties.
While the EU institutions did engage in a consultation process before finalizing the agreements, the court noted that this process involved individuals present in the territory, regardless of whether they were part of the Western Saharan population. The court also acknowledged that a significant portion of the Western Saharan people now reside outside the region.
Oubi Bouchrava, Polisario’s representative to the United Nations and international bodies in Geneva, expressed satisfaction with the court’s decision, characterizing it as a significant message to political authorities, particularly France and Spain. Bouchrava stated that the ruling affirms the distinct nature of Morocco and Western Sahara as separate territories, indicating that Morocco does not hold sovereignty over the region.
This ruling is viewed as a substantial victory for the people of Western Sahara in their pursuit of self-determination and independence, while it poses a challenge for Morocco and its occupation economy. The decision underscores the complexities of international agreements involving regions with unresolved political statuses.