Diplomatic Analysis of Morocco’s Autonomy Initiative for Western Sahara: Lack of Credibility and Violation of International Legality

Following the report presented on April 16, 2025, by Staffan de Mistura, the United Nations Special Envoy, who solemnly urged Morocco to further clarify its autonomy proposal—a sparse document of just 35 articles spread over barely four and a half pages—Rabat responded with notable, almost embarrassed, reticence. In the analysis that follows, we rigorously and precisely highlight the real reasons preventing the long-awaited clarification. For contrary to the official narrative that describes the plan as “serious” and “credible,” it does not withstand either a thorough legal examination or the fundamental principles of international law.

The Western Sahara conflict, long classified on the United Nations agenda as a decolonization issue, remains one of the most sensitive and pivotal matters for the stability of the Maghreb region and beyond. In 2007, Morocco put forward an “Initiative for Negotiating an Autonomy Statute,” intended to serve as the cornerstone of a final settlement. Yet behind the polished veneer of diplomatic language, the initiative betrays a unilateral attempt at territorial appropriation, carefully disguised as a gesture of compromise.

A serious and in-depth reading of the text, in light of UN resolutions on non-self-governing territories and the inalienable right of peoples to self-determination, exposes a hollow plan, lacking legal substance and fundamentally incompatible with international norms. It is, quite simply, an attempt to legitimize annexation, cloaked in the deceptive guise of a negotiation process. This project does not seek to pave the way for a just and lasting peace, but rather to lock in the fate of a people without their consent, in clear violation of international law and moral principles.

I. Incompatibility with the Right to Self-Determination

1. Western Sahara: A Non-Self-Governing Territory Under UN Oversight

Since 1963, the United Nations has listed Western Sahara as a Non-Self-Governing Territory, subject to decolonization under General Assembly Resolution 1514 (XV). In its 1975 Advisory Opinion, the International Court of Justice (ICJ) found that the historical ties invoked by Morocco did not establish any sovereignty over the territory.

“The people of Western Sahara possess the inalienable right to self-determination”—this remains the prevailing position of the UN and international community.

2. A Proposal That Undermines Genuine Self-Determination

While purporting to offer autonomy, Morocco’s initiative does so within the framework of its own sovereignty, thereby excluding the option of independence. International law requires that the people of a Non-Self-Governing Territory be presented with all possible options: independence, integration, or autonomy.

By offering only a pre-defined autonomy under Moroccan sovereignty, the initiative violates the neutral and inclusive nature of self-determination as defined in General Assembly Resolution 1541 (XV) and other international legal instruments.

II. A Unilateral Initiative That Excludes the Legitimate Representative of the Sahrawi People

1. Exclusion of the Frente POLISARIO from the Process

The initiative was developed unilaterally by Morocco without any consultation or participation from the Frente POLISARIO, recognized by the United Nations as the legitimate representative of the Sahrawi people. UN resolutions consistently call for a mutually acceptable political solution through negotiations between both parties, conducted without preconditions.

By presenting an initiative framed exclusively within Moroccan sovereignty, Morocco preempts the outcome of such negotiations and effectively undermines the UN-led political process.

2. Attempt to Legitimize an Ongoing Occupation

Since Spain’s withdrawal in 1975, Morocco has maintained military control over most of Western Sahara. This control has never been recognized by the UN or any international legal authority. The autonomy initiative can thus be understood as a mechanism to institutionalize an unlawful occupation, cloaked in the language of compromise and decentralization.

III. A Hollow Autonomy Framework That Fails to Guarantee Real Self-Governance

1. Sovereign Powers Remain Concentrated in the Moroccan Monarchy

The initiative retains in the hands of the King:

• Exclusive authority over defense, foreign affairs, religion, and the judiciary;

• The power to appoint the head of the regional government, who remains a representative of the State;

• Oversight of regional courts, which issue judgments "in the name of the King".

This structure reflects a centralized governance model, where regional autonomy is strictly limited and ultimately subordinate to national institutions.

2. Absence of Legal Sovereignty and Democratic Safeguards

The initiative stipulates that all regional legislation must conform to the Moroccan Constitution, effectively eliminating any legislative sovereignty or meaningful self-rule. This renders the proposed autonomy more symbolic than substantive, as it denies the region a genuinely independent legal and political framework.

IV. Unlawful Exploitation of Natural Resources Without Sahrawi Consent

1. Breach of the Principle of Free, Prior, and Informed Consent

The exploitation of Western Sahara’s resources—phosphates, fisheries, energy, and tourism—is ongoing and administered by Morocco without the consent of the Sahrawi people. According to international law and multiple rulings by the Court of Justice of the European Union (CJEU), any economic activity in a Non-Self-Governing Territory must be carried out with the explicit consent of its people.

Morocco’s actions therefore violate international legal standards and contribute to the economic marginalization of the Sahrawi population.

2. The Initiative Lacks Resource Governance Protections

While the initiative mentions revenue allocation to the region, it fails to include binding safeguards to ensure the Sahrawi people's control over their natural wealth. There is no mechanism of democratic accountability or protection against continued extraction and appropriation of resources under Moroccan administration.

Conclusion: A Political Instrument to Prolong and Legitimize Occupation

Despite its polished diplomatic language, the Moroccan autonomy initiative is:

• Unilateral in conception and exclusionary in nature;

• Structurally incompatible with international standards for decolonization;

• Designed to entrench Moroccan control, not to empower the Sahrawi people;

• In clear violation of international law, including the UN Charter and ICJ jurisprudence.

The international community must reaffirm that:

• No imposed solution can replace a free and genuine act of self-determination;

• A credible referendum must include independence as an option;

• The inalienable rights of the Sahrawi people, including their right to their land and resources, must be respected and guaranteed.

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By Belgacem Merbah

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Sources: https://www.europarl.europa.eu/meetdocs/2009_2014/documents/dmag/dv/dmag20101130_06-/dmag20101130_06-fr.pdf