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Decolonization of Western Sahara: Bendjama calls upon international legality and justice

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Decolonization of Western Sahara: Bendjama calls upon international legality and justice

New York (UN), 16 October 2024 (SPS) - Algeria's Permanent Representative to the United Nations, Ambassador Amar Bendjama, called on Wednesday from New York for international legality and justice regarding the decolonization of Western Sahara.

Speaking to the 4th Committee responsible for special political issues and decolonization, Ambassador Bendjama forcefully advocated for the right of the people of Western Sahara, the last colony in Africa and the largest occupied territory in the world listed on the UN agenda since 1963, to self-determination.

The Algerian diplomat presented undeniable legal arguments, initially referring to the "highly significant" development that occurred just two weeks ago, precisely on October 4, which "added to the foundational legal framework of the Western Sahara issue." This refers to the definitive and unappealable ruling made by the Court of Justice of the European Union regarding Western Sahara and the European Union-Morocco trade agreements concerning fishing and agricultural products.

In this context, he highlighted two immutable foundations established by this ruling. The first is that "Western Sahara is a territory distinct from Morocco, and its status constitutes a decolonization issue." The second is that "the Polisario Front is the legitimate and exclusive representative of the Sahrawi people."

Bendjama added that beyond the significant legal, judicial, and political meaning of this recent decision, there are lessons that must engage our attention today. He stated that this is "a sentence of constancy," emphasizing that regarding the Western Sahara issue, the expression of international legality has always been clear, strong, and immutable.

To support his remarks, the Algerian Ambassador recalled the advisory opinion of the International Court of Justice (ICJ) from 1975, which establishes the absence of any territorial sovereignty links from Morocco and reaffirmed the lack of any legal ties affecting the application of Resolution 1514 in the decolonization of Western Sahara. He also referenced the Madrid Agreement on the partition of Western Sahara, noting that no terms of this agreement have been accepted by the international community, which reaffirmed in November 1979 the inalienable right of the people of Western Sahara to self-determination and independence, in accordance with the UN Charter and the objectives of Resolution 1514.

Moreover, he pointed out that the UN Secretary-General states in all annual reports that "the Security Council considers Western Sahara as a matter of peace and security, calling for a just, lasting, and mutually acceptable solution that ensures the self-determination of the people of Western Sahara. The Fourth Committee and the 'Committee of 24' address it as a decolonization issue."

Another lesson to be drawn, Mr. Bendjama emphasized, is that the fate of a people can only be decided by themselves. He noted that through Resolutions 1514, 1541, and 2625, the UN’s decolonization doctrine has remained unchanged. He added that the methods for implementing the right to self-determination must be freely determined by the Sahrawi people.

In conclusion, the Permanent Representative of Algeria to the United Nations stressed: "No one can confer the 'seal of sovereignty' over Western Sahara outside the freely expressed will of the Sahrawi people. No one can invoke investments or the opening of consulates in place of the self-determination of a people still under colonial domination."