Nigeria and the liberation struggles for Western Sahara, By Ahmed Aminu-Ramatu Yusuf

Nigeria has a rich tradition of identifying and supporting people struggling against colonialism. The National Association of Nigerian Students (NANS) in the 1980s played an important role in popularising the independence struggles for Western Saharans against Moroccan colonialism. 

NANS condemned Nigeria’s role in the abortion of the Organisation of African Unity (OAU) Heads of State Summit in Tripoli on August 5, 1982. The abortion was to, amongst others, stop the admission of WS into the OAU. In December 1982, NANS took the independence of WS at the same level it took the struggle for Namibia, South Africa and Palestine independence by demanding that the POLISARIO Front be recognised as the authentic and sole representative of Western Saharans.

NANS equally demanded that government accorded the  POLISARIO Front all the necessarily diplomatic entitlements worthy for a sovereign country. It also called on the government to provide political, diplomatic, material and financial support to the Front.

General Muhammadu Buhari’s military regime played  an important role in the admission of WS as a member of OAU. Professor Ibrahim Gambari, then Nigerian Foreign Affairs Minister, played a pivotal   role in this respect. Apart from convincing the military to recognise WS as an independent country, he also  participated actively in the bilateral and multilateral meetings amongst  various Heads of States, which paved the way for  OAU’s recognition and admission of WS as a member on 11 November 11, 1984 at the 20th Summit of the then OAU.

With the extreme political degeneration of NANS, the Society for International Relations Awareness (SIRA) and the Nigerian Movement for the Liberation of Western Sahara (NMLWS) amongst other organisations kept  the struggle for the independence struggle of WS in Nigeria alive. These organisations successfully frustrated Morocco’s bid  to join the Economic Community of West African States (ECOWAS).

Admitting Morocco into ECOWAS would have rationalised Morocco’s colonisation, and paved the way for other African countries to politically legitimise its colonisation of WS. Secondly, it would have demoralised the POLISARIO Front and its allies all over the world. Thirdly, it would have reversed the gains of the Saharawi and non-Saharawi peoples for the independence of WS. Fourthly, it would have provided huge markets for Morocco to sell the looted products of WS. 

On 13 August, Nigeria’s foremost human rights and democracy activist, Femi Falana, presented a paper on “The Legal Implications of  Continued Colonialism in the World”  It was at the International Conference to Eradicate Colonialism in the World, organised by SIRA in Abuja. The paper is quite important as it critically examined the legal struggles for the independence of WS in the General Court of the European Union. There, three cases were brought against the European Union (EU).

The first, T-279/19, sought to annul the Council Decision 2019/217 of 28 January, 2019 on Agreement between the EU and Morocco.

The second case, T-344/19, sought to annual the Council Decision 2019/441 of 4 March, 2019 on the conclusion of the EU-Morocco Sustainable Fisheries Partnership Agreement.

The third, T-356/19, sought the annulment of the Council Regulation 2019/440 of 29 November, 2018, allocating the fishing opportunities under the Sustainable Fisheries Partnership Agreement.

The rulings on these cases assert that the POLISARIO Front is the: “legal personality as the internationally recognised representative of the people of Western Sahara”. Secondly, that: “Western Sahara has a status that is separate and distinct from Morocco and, as such, should be regarded as a third party to any EU-Morocco agreement.” 

Thirdly, that any agreement on any issue relating to WS: “necessarily requires the consent of the people of Western Sahara through their representation (and) that the consultations of the local population carried out by the EU institutions did not meet that requisite.” 

In the African Court on Human and Peoples’ Rights (ACHPRs), an African, Bernard Mornah, brought a case against the Republics of Benin, Burkina Faso, Cote d’Ivoire, Ghana, Mali, Malawi, Tanzania, and Tunisia. The case was filed on the Applicant’s behalf by Falana Chambers. 

The applicant argued that these states abdicated their international obligations by admitting Morocco into the AU without any conditions requesting it to end its occupation and colonisation of WS. That, by so doing, they failed to safeguard the sovereignty, independence, and territorial integrity of SADR.

The Court passed a “landmark judgement”, which stated that: “Morocco’s occupation of Western Sahara is a violation of the right to self-determination and independence, and that all States have an obligation to assist the people of Western Sahara in their struggle for self-determination.”

Secondly, that: “several other autonomous human rights were violated by Morocco in Western Sahara, including the right to dispose of natural resources.” Thirdly, that the continued colonisation of WS by Morocco: “is incompatible with the right to self-determination of the people of SADR”. 

Fourthly, that while the eight States did not themselves directly violate the rights of the Saharawi people, they do have an obligation to assist the people of Western Sahara in their struggle for self-determination. Fifthly, that the eight states, and all Member States of the AU: “have the responsibility under international law, to find a permanent solution to the occupation and to ensure the enjoyment of the inalienable right to self-determination of the Sahrawi people and not to do anything that would give recognition to such occupation as lawful or impede their enjoyment of this right”.

Falana, on these basis, submitted that that the ACHPRs: “echoes the International Court of Justice and the Court of Justice of the European Union. The combined effect of these rulings is that the occupation of part of the territory of Western Sahara by Morocco cannot be justified under international law.” Put differently, that: “Morocco is not competent to exploit any of the vast natural resources in Western Sahara as they belong to the Saharawi people.”

Falana proposed intense legal actions be brought against all African States to: “stop the importation of fish, phosphate and other products from Western Sahara without the consent and authority of the POLISARIO  Front.” Also, that the gas pipeline between Nigeria and Morocco must not be allowed to pass through the territory of Western Sahara without the consent and authority of the Polisario Front. 

Falana also urged  that the fifteen African countries that have established consulates in Western Sahara should be: “exposed and challenged with a view to closing down the consulates.” Further, that African progressive forces should “mount pressure on the African Union to comply with the judgment of the African Court by adopting measures to end the illegal occupation of the territory of Western Sahara by Morocco.”

Furthermore, Falana called on SADR to make a Declaration to enable Western Saharans to access the African Court on Human and Peoples Rights in line with article 34(6) of the Protocol for the Establishment of the African Court.

The  Saharawi journey to independence has been a long and torturous one but they will reach their destination and, a country like Nigeria has the duty to assist them to do so, by any means necessary.

Ahmed Aminu-Ramatu Yusuf worked as deputy director, Cabinet Affairs Office, The Presidency, and retired as General Manager (Administration), Nigerian Meteorological Agency, (NiMet). Email: aaramatuyusuf@yahoo.com