Continental court rescues Morocco as Sahrawi splits African Union

Bah Med, Sahrawi Ambassador to Kenya. PHOTO | COURTESY

By LUKE ANAMI

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By AGGREY MUTAMBO

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In September, two things happened—Kenya announced, then immediately rescinded a declaration that it will no longer recognise independence of the Saharawi Arab Democratic Republic. Two weeks later, the African Court of Human and People’s Rights dismissed push to have Morocco expelled from the African Union ostensibly to protect Sahrawi’s sovereignty.

Both events marked a continual battle to decide the future of the Sahrawi Arab Democratic Republic (SADR).

The African Court, on September 22, said it could not compel the eight African countries sued in the matter to front a motion to expel Morocco because there was no clarity on whether, in fact, they had supported Morocco’s re-admission motion in 2017.

“After examining the facts before it, it was the position of the court that there was no evidence before it showing the manner in which the 8 States voted in this regard,” the Court said in its judgement. Morocco had quit the AU’s predecessor institution; the Organisation of African Unity (OAU), in 1982, protesting the admission of SADR. Incidentally, Sahrawi was admitted to the OAU at a summit in Nairobi, chaired by then Kenya’s President Daniel Moi. When it returned in 2017, Morocco wanted Sahrawi removed, arguing it is part of its territory. The AU, however, has never expelled a member.

Brahim Ghali, the President of Sahrawi Arab Democratic Republic during the inauguration of Kenya President William Ruto in September. PHOTO | FILE

Ghanaian Bernard Anbataayela Mornah and national chairman of the Convention of People's Party, who sued eight countries that have ratified the protocol of the Court, and are members of the African Union, argued they failed to protect Sahrawi after the AU re-admitted Morocco.