Femi Falana, a senior advocate of Nigeria (SAN), has called for
the suspension of Morocco from the African Union over the alleged
illegal occupation of parts of the territory of Western Sahara.
The human rights lawyer made the call to African leaders at the
recently concluded international conference on Western Sahara in
Paris, capital of France.
Falana, who is also the legal adviser of the Saharawi Arab
Democratic Republic for Africa, argued that the enlistment of
Morocco to the AU in January 2017, while occupying Western Sahara,
violated some provisions of the constitutive act of the AU.
“Since South Africa under the apartheid regime was not qualified
for membership of the defunct Organisation of African Unity the
African Union ought to have allowed the Kingdom of Morocco to join
the African Union while occupying the territory of Western Sahara,
a member state of the continental body,” he said.
“But having admitted Morocco to its fold the African Union is
under a legal obligation to end the last vestige of colonialism in
the continent.”
Falana said Morocco has failed to live up to the expectations
after African countries had hoped their inclusion in the AU will
hasten the independence of Western Sahara.
“If Morocco remains intransigent she ought to be treated like
military regimes which are usually suspended from the African
Union,” he said.
The senior lawyer added that the occupation of Western Sahara by
Morocco does not go in line with the 1975 ruling of the
International Court of Justice (ICJ), which found that the
“materials and information presented to it do not establish any tie
of territorial sovereignty between the territory of Western Sahara
and the Kingdom of Morocco or the Mauritanian entity.
“On the basis of the historic ruling of the ICJ, no country has
recognised the fraudulent claim of Morocco that Western Sahara is
an integral part of her territory while not less than 84 countries
have accorded diplomatic recognition to the Saharawi Arab
Democratic Republic,” he said.
“In consolidating her hegemonic grip on Western Sahara, Morocco
has continued to frustrate the referendum scheduled to hold in
Western Sahara under the auspices of the United Nations.”
The SAN also informed the member states of the AU that
arrangements had been put in place by the Saharawi Arab Democratic
Republic to sue the Moroccan government and its allies in municipal
courts and international tribunals for trading illegally in the
mineral resources of the people of Western Sahara.
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