n 11 December, Morocco became the latest Arab League country to normalize diplomatic relations with Israel, after the UAE, Bahrain, and Sudan. The deal encourages cooperation between Israel and Morocco and upends thirty years of U.S. policy by granting U.S. recognition to Morocco's sovereignty claim over the contested territory of Western Sahara. The decision was made shortly after the first official ceasefire violation in the territory by the Moroccan government in November 2020. Moving forward, the Biden administration has an opportunity to closely monitor Morocco's administration of Western Sahara, with costs imposed for human rights violations.
Western Sahara's Colonial History
In response to international pressure, Spain began moving to relinquish Western Sahara in the mid-1970s. In 1975, a UN fact-finding mission found Sahrawi consensus in favor of independence, while the International Court of Justice ruled that there was no proof of any "tie of territorial sovereignty" with either Morocco or Mauritania. On the day of that ruling, Moroccan King Hassan II launched the Green March of 350,000 Moroccans to effectively annex Western Sahara. Soon after, 40,000 troops moved to occupy the territory, triggering armed conflict between Mauritania, Morocco, and the Sahrawi nationalist movement known as the Polisario Front. Mauritania ultimately relinquished its claim on the region in 1979; however, Morocco and Polisario Front's conflict continued. During this period, the Sahrawi Arab Democratic Republic became an African Union member and received recognition from 80 governments.
A 1991 peace agreement was signed between the Moroccan government and the Polisario Front, installing a UN peacekeeping force called UN Mission for the Referendum in Western Sahara (MINURSO). The idea behind the agreement was to uphold the status quo until an independence referendum is held, with both sides determining who would be an eligible voter. Despite the Moroccan government's efforts to control that referendum's outcome, including by incentivizing migration southward, it became increasingly clear that the vote would be for independence. As such, no referendum has been held. Morocco has maintained de facto control of at least three-quarters of the territory. The Polisario Front continues to operate out of Algeria, while Sahrawis are effectively without government, represented only by a government-in-exile that does not hold regular elections in the territory.
The first formal violation of this ceasefire occurred in November 2020 at the Guerguerat border crossing between Western Sahara and Mauritania. The Moroccan government cleared the road of peaceful protesters, opening fire on them to re-open the road. The Polisario Front announced the ceasefire was broken, and armed conflict resumed for the first time since 1991. Nonetheless, international outcry was minimal, and the normalization deal followed on the heels of this resumption of conflict.
Grievous Human Rights Violations
This conflict has transpired against a backdrop of egregious human rights abuses in Western Sahara. Freedom House ranks Western Sahara as "not free," with one of the lowest political rights and civil liberties scores of any territory or country in the world. Since 1975, the Moroccan government has fostered an atmosphere of intimidation, restricted Sahrawi demonstrations, beaten activists in custody and the streets, and imprisoned and sentenced activists in trials marred by due process violations such as torture. All dissent is treated as a political threat to suppress. For example, during the Gdeim Izik protests in October 2010, security forces repressed the demonstrations and dismantled the encampment, killing seven and injuring several hundred others. Surveillance is also a fact of daily life for Sahrawis, and residents have no freedom of movement. Morocco's Press Code has criminalized any challenges to the kingdom's "territorial integrity," threatening press freedom on Western Saharan issues. Civil society actors who advocate for Western Saharan independence are often denied registration or expelled from the Moroccan-controlled areas. For its part, the Polisario Front also engages in the repression of dissent, including banning other parties and silencing free expression.
A Future for Africa's Last Colony
This new policy change would be difficult for the Biden administration to reverse given the U.S.'s strong economic and security ties with Morocco. Yet, even with this new status seemingly fait accompli, the Biden administration has an opportunity to ensure that the Moroccan government establishes terms of its control that respect human rights and fundamental freedoms. The Biden administration should make military aid, weapons sales, and other security assistance contingent upon respect for autonomy and human rights in Western Sahara under Moroccan sovereignty, making this explicit in the administration’s budget request for FY2022. Funding should be released only when the administration can certify there has been progress towards an end to due process violations, expanded space for free expression, promotion of the voluntary return and reintegration of the region's refugee population, and removal of landmines at the 1,700 mile berm wall. Such an approach will ensure a more stable peace in the region and prevent the continued marginalization of Sahrawis.
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A Western Sahara Human Rights Agenda for the Biden Administration
Photo by Sergey Pesterev via Unsplash.
January 27, 2021
O
n 11 December, Morocco became the latest Arab League country to normalize diplomatic relations with Israel, after the UAE, Bahrain, and Sudan. The deal encourages cooperation between Israel and Morocco and upends thirty years of U.S. policy by granting U.S. recognition to Morocco's sovereignty claim over the contested territory of Western Sahara. The decision was made shortly after the first official ceasefire violation in the territory by the Moroccan government in November 2020. Moving forward, the Biden administration has an opportunity to closely monitor Morocco's administration of Western Sahara, with costs imposed for human rights violations.
Western Sahara's Colonial History
In response to international pressure, Spain began moving to relinquish Western Sahara in the mid-1970s. In 1975, a UN fact-finding mission found Sahrawi consensus in favor of independence, while the International Court of Justice ruled that there was no proof of any "tie of territorial sovereignty" with either Morocco or Mauritania. On the day of that ruling, Moroccan King Hassan II launched the Green March of 350,000 Moroccans to effectively annex Western Sahara. Soon after, 40,000 troops moved to occupy the territory, triggering armed conflict between Mauritania, Morocco, and the Sahrawi nationalist movement known as the Polisario Front. Mauritania ultimately relinquished its claim on the region in 1979; however, Morocco and Polisario Front's conflict continued. During this period, the Sahrawi Arab Democratic Republic became an African Union member and received recognition from 80 governments.
A 1991 peace agreement was signed between the Moroccan government and the Polisario Front, installing a UN peacekeeping force called UN Mission for the Referendum in Western Sahara (MINURSO). The idea behind the agreement was to uphold the status quo until an independence referendum is held, with both sides determining who would be an eligible voter. Despite the Moroccan government's efforts to control that referendum's outcome, including by incentivizing migration southward, it became increasingly clear that the vote would be for independence. As such, no referendum has been held. Morocco has maintained de facto control of at least three-quarters of the territory. The Polisario Front continues to operate out of Algeria, while Sahrawis are effectively without government, represented only by a government-in-exile that does not hold regular elections in the territory.
The first formal violation of this ceasefire occurred in November 2020 at the Guerguerat border crossing between Western Sahara and Mauritania. The Moroccan government cleared the road of peaceful protesters, opening fire on them to re-open the road. The Polisario Front announced the ceasefire was broken, and armed conflict resumed for the first time since 1991. Nonetheless, international outcry was minimal, and the normalization deal followed on the heels of this resumption of conflict.
Grievous Human Rights Violations
This conflict has transpired against a backdrop of egregious human rights abuses in Western Sahara. Freedom House ranks Western Sahara as "not free," with one of the lowest political rights and civil liberties scores of any territory or country in the world. Since 1975, the Moroccan government has fostered an atmosphere of intimidation, restricted Sahrawi demonstrations, beaten activists in custody and the streets, and imprisoned and sentenced activists in trials marred by due process violations such as torture. All dissent is treated as a political threat to suppress. For example, during the Gdeim Izik protests in October 2010, security forces repressed the demonstrations and dismantled the encampment, killing seven and injuring several hundred others. Surveillance is also a fact of daily life for Sahrawis, and residents have no freedom of movement. Morocco's Press Code has criminalized any challenges to the kingdom's "territorial integrity," threatening press freedom on Western Saharan issues. Civil society actors who advocate for Western Saharan independence are often denied registration or expelled from the Moroccan-controlled areas. For its part, the Polisario Front also engages in the repression of dissent, including banning other parties and silencing free expression.
A Future for Africa's Last Colony
This new policy change would be difficult for the Biden administration to reverse given the U.S.'s strong economic and security ties with Morocco. Yet, even with this new status seemingly fait accompli, the Biden administration has an opportunity to ensure that the Moroccan government establishes terms of its control that respect human rights and fundamental freedoms. The Biden administration should make military aid, weapons sales, and other security assistance contingent upon respect for autonomy and human rights in Western Sahara under Moroccan sovereignty, making this explicit in the administration’s budget request for FY2022. Funding should be released only when the administration can certify there has been progress towards an end to due process violations, expanded space for free expression, promotion of the voluntary return and reintegration of the region's refugee population, and removal of landmines at the 1,700 mile berm wall. Such an approach will ensure a more stable peace in the region and prevent the continued marginalization of Sahrawis.
