Who decides for the Saharawis?
If Spain or France want to import tomatoes from Western Sahara or octopus from the waters off the former colony, they must obtain permission from the Polisario Front, based in exile in Algeria, as the legitimate representative of the Saharawi people. Consulting Morocco or local authorities in the territory under Rabat’s control is not enough. Consequently, the European Union’s agreements with Morocco on fishing, agriculture, and agricultural products are not valid and should be annulled, because they breached the principles of self-determination. The European Court of Justice has issued a binding ruling on this matter.
The decision marks a significant political, diplomatic, and economic setback for Spain and France. Their capitals sent state lawyers to Luxembourg to challenge the 2021 ruling, aligning with the high court’s stance. Analysts say the ruling calls into question the legality of how both nations repositioned themselves in the Western Sahara dispute, adding pressure to rethink their approaches to Rabat and the region. The Spanish prime minister indicated continued support for Morocco’s autonomy plan for the territory, while the French president suggested that autonomy remains the sole basis for a solution within Moroccan sovereignty. The United Nations, by contrast, backs a referendum for self-determination and has a mission dedicated to that process through MINURSO.
“The ruling will have a broad impact because it undermines any attempt to recognize Moroccan sovereignty over the Sahara, which would be contrary to EU law,” said a constitutional law expert who notes the decision challenges the legal basis for past reconciliations. The ruling also casts doubt on earlier interpretations that treated the territory’s status as a matter of negotiated settlement rather than the Saharawi people’s self-determination rights.
Jose Manuel Albares received the news before appearing in the Congress. He stated that there would be no change in Spain’s approach to Rabat, despite the court’s decision. He highlighted the strong volume of trade with the neighboring country, a figure that reached around 22,000 million euros the previous year, underscoring the commercial dimension of the relationship.
Analysts also note a divergence between European Union positions and those of some member states. One observer argues that EU states have prioritized a single solution and favored options not chosen by the Saharawi people, which runs counter to the principle of self-determination and the expectation that such decisions rest with the people concerned.
No matter the headlines, the case has underscored who really speaks for the Saharawis and how Europeans handle future governance in North Africa.
Who decides for the Saharawis?
To sign the last round of bilateral agriculture and fisheries agreements in 2019, the European Commission and the EU external service conducted consultations with local actors in the Western Sahara controlled by Morocco. They did not meet with the Polisario Front, which refused to participate. The court viewed these consultations as invalid and granted the Polisario Front the status of interlocutor, recognizing its role as the essential representative in talks touching Saharawi interests.
Not long ago, Pedro Sánchez and his government were seen as close to Brahim Ghali, leader of the Polisario Front. Sánchez met Ghali in Brussels, and the former foreign minister said Spain would treat Ghali as a political actor in a manner that later caused a diplomatic rift with Morocco. The situation prompted Rabat to apply sustained pressure, culminating in a shift toward stronger ties with Rabat and a public critique of those moves in Madrid.
Marruecos impulsa acuerdos con Rusia
On the economic front, the path forward remains unsettled. Morocco has signaled a push to diversify its international partnerships. Officials have cited a recently extended fishing pact with Russia, which includes the southern regions and has a future they describe as promising, signaling how strategic alignments could evolve in response to the ECJ ruling.
On the other side, the Saharawi representatives remain open to pursuing compensation and even bringing other international activities in the Western Sahara before the courts. The Polisario Front’s legal team has warned that all relevant companies will be contacted with a clear deadline to align with the rightful path, and those that fail to comply could face legal action, including potential challenges to international air routes to the Saharawi city of El Aaiún.
The evolving legal and diplomatic landscape shows how a single court decision can ripple across trade, security, and sovereignty debates in North Africa and beyond, including implications for partners in North American markets handling imports and political risk assessments related to Western Sahara.