AFRICA

PRESS RELEASE: MINISTRY OF INFORMATION OF THE SAHARAWI ARAB DEMOCRATIC REPUBLIC

28 September 2022
Godfred Meba
47 Comments
        

Read Time: 3 minutes

African Court upholds the right to self-determination and independence of the Saharawi people, and underlines the obligation of African States to assist it

In a landmark ruling of 22 September 2022, the African Court on Human and Peoples’ Rights denounced the Moroccan occupation of Western Sahara as a serious violation of the right to self-determination. It recalls the obligation of all states not to recognise this occupation and to assist the Sahrawi people in the full realisation of their right to self-determination and independence.

On 22 September 2022, the African Court on Human and Peoples’ Rights issued a landmark ruling, unprecedented on the African continent, condemning the illegal presence of Moroccan forces in Western Sahara as a military occupation, in violation of international law.

This was the first time that the Court had dealt with a case dealing with the right to self-determination and independence, and the Court gave full importance to this principle which has been a constituent part of states in Africa, as part of the vast decolonisation movement.

The Court considers that this right, enshrined in Article 20 of the African Charter on Human and Peoples’ Rights, constitutes a peremptory norm of international law, falling within the scope of jus cogens, which does not tolerate any derogation. This entails an obligation erga omnes for all states not to recognise a situation created in violation of this right. Similarly, States must assist oppressed peoples. In this regard, they must refrain from any act incompatible with the nature of the right to self-determination or the full enjoyment of this right by the peoples concerned.

Having established this principle, the Court ruled that “both the UN and the AU recognise the situation of the SADR as one of occupation and consider its territory as one of those territories whose decolonisation process is not yet fully completed”. This is why direct negotiations between the two AU members SADR and Morocco should be concluded, with the sole purpose of “organising a referendum to guarantee the right to self-determination of the people of Western Sahara”.

From this reality, which is obvious to all, the Court finds that the Moroccan occupation of part of the territory of the SADR seriously violates the right to self-determination and independence of the Sahrawi people. Consequently, the Court finds, AU Member States have an obligation to assist the Saharawi people in the realisation of their right to self-determination and not to recognise the situation and violations resulting from this illegal occupation.

Indeed, the right to self-determination and independence “imposes an international obligation on all States Parties to take positive steps to realise this right, including assisting oppressed peoples in their struggle for freedom and refraining from actions incompatible with the nature or the full enjoyment of this right. The Court emphasises that “in view of the fact that part of the territory of SADR is still occupied by Morocco, there is no doubt that the States Parties to the Charter have an obligation, individually and collectively, towards the people of SADR to protect their right to self-determination, in particular by assisting them in their struggle for freedom and by not recognising the Moroccan occupation and any violation of human rights which may have resulted from that occupation”.

The Court concludes that the admission of the Kingdom of Morocco to the African Union does not confer any legality on the occupation of Western Sahara, and on the serious violations of fundamental rights required by its maintenance. Indeed, the Kingdom of Morocco made no reservation in Article 4(b) of the Constitutive Act as to “respect for the inherited borders existing at the time of accession to independence”. Consequently, having been admitted within its internationally recognised borders, excluding Sahrawi territory, the Kingdom of Morocco sits in the continental organisation alongside the Sahrawi Arab Democratic Republic, which is a founding member of the African Union.

The Court concludes, “all AU member states have a responsibility under international law to find a permanent solution to the occupation and to ensure the enjoyment of the right to self-determination of the Sahrawi people and to do nothing that would recognise such occupation as legitimate or impede the enjoyment of that right.”

Femi Falana SAN represented the Applicant, Bernard Anbataayela Mornah, a Ghanaian national and National Chairman of Convention of People’s Party of Ghana who filed the case on behalf of the Saharawi Arab Democratic Republic.

The Respondents’ States were represented by the following lawyers:

  1. Irene Aclombessi, Republic of Benin;
  2. Yaounde Lamoussa, Burkina Faso;
  3. Kudiatou Sangare, Republic Cote d’Ivoire;
  4. Dorothy Afriyie-Ansah, Republic of Ghana;
  5. Youssouf Diara, Republic of Mali;
  6. Pacharo Kayira, Republic of Malawi;
  7. Gabriel Malata, United Republic of Tanzania;
  8. Chedly Rhamani, Republic of Tunisia.

Interveners

  1. Mr. Ahmed Sidi ALY, Sahrawi Arab Democratic Republic and Mr. Manuel Devers,
    2.Ambassador H. Dillum, Republic of Mauritius

Amicus curiae, Pan African Lawyers Union was represented by Donald Deya

Bir lehlu, 22 September 2022”. (SPS)


        

47 thoughts on “PRESS RELEASE: MINISTRY OF INFORMATION OF THE SAHARAWI ARAB DEMOCRATIC REPUBLIC”

  1. Pingback: URL
  3. Pingback: broken link
  8. Pingback: nicotine pouches

  12. I am curious to find out what blog platform you happen to
    be utilizing? I’m experiencing some small security problems with my latest blog and I would like to find
    something more safe. Do you have any suggestions?

    Reply
  18. Pingback: slot maxwin, slotmaxwin

  21. Hello! Someone in my Myspace group shared this site with uus so I came to take a look.
    I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers!
    Fantastic blog and terrific desugn and style.

    My web blog – 바이낸스 할인 (Eartha)

    Reply
  22. Pingback: pool villas in phuket

  24. A normal human currently being blinks 20 occasions a moment,
    while, a personal computer consumer blinks only seven moments a minute!
    For illustration, one person may possibly participate in the component of a pet since they delight in being mock-pressured into
    it, and the leading could emphasize the lowness of the bottom’s position as an animal, while an additional
    person could possibly perform the role of the dog without having any ingredient of humiliation, just as an expression of an interior animal or playful spirit.
    While the existence of a porn star may feel enviable, as it is really entire
    of very ladies and a lot and loads of sexual intercourse,
    handful of gentlemen would pick to chuck their excellent careers and drill
    on digital camera for a dwelling. Their dad and mom could frown on the activity,
    and a stint in porn could get rid of relationship prospects for very good.
    Features: Member Verification, HIV Blogs, Search,
    Privacy Settings, Live Dating Advisor, Instant Messengers, Let’s Meet, Winks… But initial,
    let us clarify the variation amongst no cost and paid grownup chats.
    Pay payments for Free! If you would like, sense free of charge to exchange standard or porn and intercourse images with each individual other.

    And to say that just before launching out in the X, she experienced experienced only one companion of sex !

    My blog post: webcam chat sites

    Reply
  25. Pingback: nagaqq login

  30. “About two months prior to I took this photograph, I was lying in mattress bare and claimed to myself, “I’m fatigued
    of wondering of my entire body as a difficulty.” Every time I appeared in the mirror, I had one thing terrible to say (or believe) about my human body, and very abruptly, the imagined of heading by that outdated psychological routine felt distinctly and profoundly dull. “I took that picture correct
    following a friendship-ending fight in excess of my changeover.
    “This was taken at JFK, proper right after TSA officers publicly patted down my hair and boobs mainly because my ‘ethnic’ hair (a expression employed by the TSA officers) established off the airport entire body scanner for the 9th time in 4 weeks. Everyone enjoys a little bit of kinky sexting from time to time, proper? You may well stumble by a couple of sexting internet sites and experiences before you get a rhythm going. Needless to say, coronavirus safety tips to seventy seven million persons making use of your application to hook up is really unique than guidance for heading to Trader Joe’s and worry buying all the frozen Mandarin Orange Chicken. “I truly feel peculiar from time to time, due to the fact selfies are about people today declaring company about how they are witnessed.

    Here is my blog Dora

    Reply

  33. They murder and hunt human beings, for the perceived slight that human beings would have done the similar, if offered the opportunity.
    The Cylons rebelled against the humans, initially, simply because they were mainly slaves.
    The Battlestar Pegasus pulls this on a fleet of Cylon Basestars,
    pummeling just one with its a lot of gun batteries
    when the Cylons have been distracted by beating the tar out of the helpless Galactica.

    Given that even the compact Cylon raiders are hyper-capable (a functionality
    that the Colonial fighters lack), the Colonials
    have to be ready to react to an assault at practically
    a moment’s see, considering the fact that the only point stopping the Cylons from undertaking this to them at any
    moment is the Colonial Fleet’s spot at any presented time getting a solution.
    Didn’t he even bear in mind that she shot the Admiral and
    could have been convicted of tried murder by the Colonials, even leaving
    out the treason rates by the Cylons? Admiral Adama, a humanist who views mankind as flawed but inherently very good, and ultimately accountable to nobody but them selves for their problems in life.
    Enter Sportacus, an incredibly athletic superhero, who encourages all the little
    ones to take in healthily and perform outside the house, disturbing poor Robbie’s rest.

    Here is my web page :: Webcam teens video

    Reply
  35. Pingback: crumpets disposable

  44. I have been exploring for a bit for any high quality articles or weblog posts on this sort of space .

    Exploring in Yahoo I at last stumbled upon this web
    site. Reading this info So i’m glad to convey that I’ve a very just right uncanny feeling I came upon just what I needed.
    I such a lot surely will make sure to don?t put out of your mind this website and give it a glance regularly.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *