ANC statement on the ruling of the European Court of Justice regarding its trade deals with Morocco that excluded Western Sahara
7 October 2024
The African National Congress (ANC) welcomes the ruling of the European Court of Justice on Friday that the European Commission had breached the right of people in Western Sahara to self-determination by concluding trade deals with Morocco. In 2019, the EU signed fishing and agriculture agreements with Morocco that also covered products from the Western Sahara.
This ruling affirms the ANC's long-standing commitment to the independence and the right to self-determination of Western Sahara. It represents a massive and momentous victory for the Sahrawi people's struggle for self-discrimination. The court underlined the independence of Western Sahara by ruling that goods produced in Western Sahara must now have their origin labelled as such. The court was unequivocal: "Labelling must indicate Western Sahara alone as the country of origin of those goods, to the exclusion of any reference to Morocco, so as to avoid misleading consumers".
The ANC believes that this judgment reaffirms the right of the Sahrawi people to self-determination and sovereignty over their land and natural resources. The court has correctly concluded that Western Sahara is a territory that is independent from Morocco, and that Morocco has no sovereignty over the territory.
The Kingdom of Morocco, a member of the African Union and therefore bound by its Constitutive Act and decisions, has no right to sovereignty over Western Sahara, a position recognized by countless resolutions of the African Union, the United Nations as well as the 1975 ruling of the International Court of Justice. It is only the people of Western Sahara that can make a decision about their own sovereignty and self-determination.
It is a historic injustice against the Saharawi people that Western Sahara remains the only country still suffering under the yolk of colonialisation and subjugation despite a clear legal precedent as provided for by resolution 1514 of 1960 on the right to self-determination and independence. The 1975 decision of the International Court of Justice and related resolutions have confirmed that Morocco has no legitimate territorial claim over Western Sahara.
The ANC stands in solidarity with the Saharawi people in their quest for self-determination. It reaffirms its commitnent to strengthen and intensify South Africa's support for the Saharawi people in their quest for self-determination. The 54th National Conference of the ANC noted that Western Sahara was the only remaining colony on the African continent and reaffirmed the inalienable right of the Saharawi people to self-determination and independence. Proceeding from the premise that Africa cannot be considered free for as long as one part of the continent is still under occupation, the ANC reaffirms its commitment to strengthen support for the Saharawi people.
The ANC calls on the International Community to expedite the resolution of the conflict of Western Sahara and bring an end to the inhumane and prolonged suffering of the people of Saharawi people. The international community must redouble its efforts in pursuit of the independence and self-determination for the Saharawi people. The international community has a duty to fulfil its promise and responsibility towards the peace-loving people of Western Sahara.
Issued by Mahlengi Bhengu-Motsiri, National Spokesperson, 7 October 2024
