Ruling of African Court on Human & Peoples’ Rights, a desperate attempt by Algeria to involve all AU institutions in Sahara issue

The ruling of the African Court on Human and Peoples’ Rights, issued on September 22, is a desperate attempt by Algeria and the Polisario to involve all the institutions of the African Union in the Sahara issue, while the return of Morocco to the Continental Organization is a supreme decision of the African Heads of State, which does not fall within the competence of the other organs of the AU.

The ruling, delivered following the complaint of the Ghanaian Bernard Anbataayela Mornah against eight African countries friends of Morocco, is an unacceptable decision undermining the territorial integrity of the Kingdom.

Apart from its legal powers, the Court is required not to engage in political discourse, in particular against a State, in this case Morocco, which is not a party to the African Charter on Human and Peoples’ Rights.

Useless to say that Morocco, a member of the AU, is committed to a definitive political solution to the dispute over the Moroccan Sahara, through the autonomy initiative that continues to garner the support of many States, and organizations in Africa and around the world, which consider the initiative the most serious, realistic and credible solution for the resolution of the Sahara dispute.

Furthermore, the right to self-determination does not grant part of the population the possibility of becoming a sovereign state. Otherwise, it would jeopardize all the member states of the AU and the UN, each of which has populations wishing to become states.

Besides, the Court ruling reveals a lack of knowledge on the part of the judges of this body of the developments of the Sahara issue and of the AU Troika Mechanism, which since 2018, has withdrawn all the organs of the of the resolution of this dispute.

The African Court is therefore called to maintain its impartiality and objectivity concerning the Sahara issue and not to adhere to the theses of the enemies of Morocco.

Moreover, the withdrawal by several African States, like Rwanda, Tanzania, Benin and Côte d’Ivoire, of their special declaration made under article 34 (6) of the protocol establishing the African Court, putting an end to the prerogative of this jurisdiction to directly receive complaints from individuals and NGOs, shows the lack of impartiality of this Court, which threatens the peace and security of the African continent.

The African Court on Human and Peoples’ Rights, whose mission is to ensure respect and application of the African Charter of Human Rights, is not empowered to rule or to question the viability of Morocco’s readmission to the African Union.

Thus, this judgment shall not affect the secular links of the Moroccan government with its populations of the southern provinces nor with Morocco’s friends.