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OUISO urges Macron to align France’s position with CJEU rulings

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Paris, 25 October 2024 (SPS) - The International University Observatory of Western Sahara (OUISO) urged French President Emmanuel Macron on Friday to "reconsider" his position on the issue of Western Sahara, deeming it "essential" for France to "align" its stance with the rulings of the Court of Justice of the European Union (CJEU), which has once again confirmed the "separate" and "distinct" status of this territory compared to Morocco.

"It is essential for France, as a nation that respects human rights and the principles of international law, to align its position on Western Sahara with the CJEU’s rulings and, more generally, with all United Nations resolutions on this matter," the Observatory argued in a letter addressed to President Macron.

In this context, the organization reminded that on October 4, the European high court issued a "major" ruling that puts an end to trade agreements between the EU and Morocco, stating that they had been concluded in disregard of the rights of the Sahrawi people and their right to self-determination, as well as the principle of the relative effect of treaties.

"This principle stipulates that the commitments made by the states of the Union and Morocco in a treaty bind only the signatory parties, without creating obligations for Western Sahara, which is considered a third territory," the Observatory explained, stressing "the separate and distinct nature of the territories of Morocco and Western Sahara," a position reiterated several times (in December 2016, February 2018, and September 2021, in particular) by this court to which "France has agreed to submit by joining the European Union."

According to OUISO, "this ruling strengthens the legitimacy of the Polisario Front," recognized as the sole representative of the Sahrawi people, which now has guaranteed access to the European judge, who has recognized the admissibility of its requests.

Encouraging Macron to "strongly" "reconsider" his position on this issue, OUISO deemed it "imperative" for France to "support an inclusive dialogue that respects the rights of the Sahrawi people, thereby contributing to a fair and sustainable resolution of this decolonization conflict."

In a letter addressed to the King of Morocco in July, French President Emmanuel Macron stated that he considers "the present and future of Western Sahara to fall within the framework of Moroccan sovereignty."

This position is "in total contradiction with international and European law," the Observatory argued, calling on the French president for "a thorough reassessment, particularly in light of recent legal developments."

Furthermore, "your assertion regarding Moroccan sovereignty over this territory, which you see as a guarantee of stability and prosperity in this region, goes against the judicial decisions rendered in this case and will only increase tensions between the countries of the Maghreb and between them and Europe," it warned.