IMPERIALISM IN THE DESERT

ECJ ruling: Morocco's trade deals cannot include Western Sahara

October 4, 2024 

People walk away from the entrance of the European Court of Justice in Luxembourg, on October 5, 2015. [Photo credit should read JOHN THYS/AFP via Getty Images]

The European Court of Justice (ECJ) has declared that trade agreements between the European Union (EU) and Morocco cannot include goods or resources originating from Western Sahara. The decision, which underscores the status of Western Sahara as a disputed territory, has significant implications for ongoing economic relations and trade deals between the EU and Morocco.

The ECJ emphasized that Western Sahara is considered a “non-self-governing territory” under international law and, therefore, it is distinct from the Kingdom of Morocco. As such, any trade agreements that include products from Western Sahara must explicitly recognise this status and cannot be automatically considered as part of agreements involving Morocco.

This ruling follows a long-standing legal dispute over the exploitation of resources in Western Sahara, such as fisheries, agricultural products and phosphates. The ECJ’s decision aligns with previous rulings that similarly found it unlawful to treat the territory of Western Sahara as part of Morocco for trade purposes.

The ruling has sparked reactions from various parties. The Polisario Front, the Sahrawi liberation movement that seeks independence for Western Sahara, hailed the decision as a victory for the rights of the Sahrawi people and their control over the territory’s resources. On the other hand, Moroccan authorities expressed disappointment, maintaining their stance that Western Sahara is an integral part of the Kingdom, and arguing that the ruling may hinder economic development in the region.

The EU will now have to re-evaluate and adjust its trade agreements with Morocco to ensure they comply with the ruling. The court emphasized that any future deals involving resources from Western Sahara must secure the explicit consent of the people of the territory, rather than assuming Morocco’s authority over it.

The ruling has raised questions about the future of EU-Morocco relations, as the two have closely collaborated on trade, security and migration. However, the ECJ’s decision sends a clear message on the importance of respecting international law and the rights of people in non-self-governing territories, setting a significant precedent for future trade agreements involving disputed regions.