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Western Sahara: Autonomy without self-determination has no legal basis

Contrary to a narrative that proclaims the “consecration” of Moroccan sovereignty at the Security Council and the elevation of autonomy as the sole solution, the texts – Charters, resolutions, jurisprudence – tell a different story: a non-self-governing territory, an inalienable right to self-determination, and a still-active UN process. Even the Moroccan Autonomy Plan (S/2007/206) acknowledges that no outcome is valid without a freely given vote by the Sahrawi people.

Positive Law: A Non-Self-Governing Territory and a Right to Self-Determination

Since 1963, Western Sahara has been listed by the UN as a non-self-governing territory. In UN terminology, this means incomplete decolonization and a right to self-determination for the people of the territory – a legal compass that neither the General Assembly nor the Security Council has altered. In 1975, the International Court of Justice confirmed that the historical ties of allegiance invoked do not amount to sovereignty; thus, nothing should obstruct the exercise of self-determination under Resolution 1514 (XV).

What the Latest Security Council Resolutions Still Say

Resolutions 2703 (October 30, 2023) and 2756 (October 31, 2024) do not bury the referendum or self-determination; they renew MINURSO and call for a just, lasting, and mutually acceptable political solution that provides for the self-determination of the people. The vote showed no “historic shift”: 13 votes in favor and 2 abstentions in 2023; 12 in favor, 2 abstentions, and one non-participation in 2024. And the mission is still called the United Nations Mission for the Referendum in Western Sahara – the name reflects the mandate.

What the Moroccan Autonomy Plan Proposes – and What It Implies

Submitted in 2007 (S/2007/206), the Autonomy Plan outlines an Autonomous Region with a parliament (combining tribal election and direct suffrage), an executive appointed by the King, and regional courts. The Region would manage administration, local police, economic development, budget and taxation, education, health, Hassani culture, environment, and would receive a share of natural resource revenues. The State retains control over defense, foreign relations, national judicial order, and the King’s religious prerogatives. Crucially, the text provides for a referendum to approve the status “as a free exercise of the right to self-determination,” followed by constitutional revision, general amnesty, and a transitional council responsible for DDR and electoral operations. In other words: even under autonomy, popular validation remains essential.

Natural Resources: The Rule of People’s Consent

Since the Corell letter (UN Legal Counsel, 2002), a clear principle applies to non-self-governing territories: exploration and exploitation of resources are only lawful if they respect the interests and wishes of the people; otherwise, they violate applicable law. European jurisprudence extends this: in 2016 (C‑104/16 P) and 2018 (C‑266/16), the CJEU reaffirmed the “separate and distinct” status of the territory and excluded automatic application of EU-Morocco agreements to Western Sahara and its adjacent waters. In 2021, the EU Court annulled decisions extending trade and fisheries due to lack of Sahrawi consent; in 2024, the CJEU confirmed that no agreement can cover the territory without such consent and mandated “Western Sahara” origin labeling to avoid misleading consumers.

State Positions Do Not Override Legal Norms

The U.S. proclamation of December 2020 recognizing Moroccan sovereignty is a bilateral political act with no effect on the UN status of the territory or MINURSO’s mandate. In 2024, the U.S. spoke at the UN within the framework of the political process toward a mutually acceptable solution. As for the U.S. bill introduced in 2025 to designate the Polisario Front as a terrorist organization, it is not part of international positive law and does not bind the UN or the EU.

At the Security Council, Russia abstained on resolutions 2703 and 2756, while China supports a solution accepted by all parties within the framework of UN resolutions and the mandate of the Personal Envoy. Neither endorsed autonomy as the sole horizon; the UN formula remains.

How to Make Autonomy Compatible with Self-Determination

To make autonomy legally viable – as the result of a decolonization process, not a substitute – four conditions must be met:

  1. Authentic Referendum: Define a real choice (not just approval of a text), determine the electorate including refugees and diaspora, guarantee international supervision and observation, and ensure public freedoms during the campaign. This reflects the ICJ opinion and the core of resolutions 2703/2756.
  2. Consent on Resources: Establish an independent authority (Region/UN/experts) to authorize projects, verify benefits for the people, and ensure transparency and public audits, in line with Corell and EU jurisprudence.
  3. Human Rights and Trust: Enable regular OHCHR visits and set up an accessible complaint mechanism to protect citizens’ voices before, during, and after the vote.
  4. Security/DDR: Frame amnesty and DDR with international technical assistance (UN/AU), including a timeline, verification, and post-referendum support.

These safeguards give substance to the requirement of consent: autonomy is only legitimate if chosen, not imposed.

From Narrative to Law: Putting Facts Back at the Center

Claiming that the Security Council “consecrates” Moroccan sovereignty or “dismisses” self-determination is mistaking desires for norms. But norms exist: non-self-governing territory, Sahrawi people with the right to self-determination, UN process illustrated by 2703 and 2756, MINURSO’s referendum mandate, European jurisprudence rejecting automatic application of agreements to the territory without people’s consent. Even the Moroccan Autonomy Plan acknowledges that implementation is impossible without a referendum.

Ultimately, the question is not whether autonomy is “serious, credible, and realistic” – it may well be. The question is whether it will be the result of a freely expressed choice by those who hold the decision: the people of Western Sahara. As long as this compass remains steady, law remains the best safeguard against narrative excesses.

By Belgacem Merbah


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