Exploring the Current State of Western Sahara
On March 23, 2026, the University of Sydney hosted a significant public forum addressing the pressing issues surrounding Western Sahara, titled "Western Sahara: Self-Determination, Conflict, and the Path Forward." This event gathered a diverse group of stakeholders, including experts in international law and representatives from the Sahrawi community, to delve into the complexities of Africa’s remaining active decolonization process. The forum took place at the university's New Law School Building and was co-sponsored by the Indigenous Studies programme and the Australia Western Sahara Association, successfully attracting a broad audience comprising academics, students, and advocates of the Sahrawi cause.
Legal Perspectives and Humanitarian Concerns
During the panel discussion, which featured prominent figures such as Ben Saul, the Challis Chair of International Law and UN Special Rapporteur, and Kamal Fadel, representative of the Polisario Front in Australia, critical legal and humanitarian issues were raised. Professor Saul provided a thorough legal analysis of the ongoing conflict, highlighting UN Security Council Resolution 2797, which reaffirms commitments to a UN-supervised referendum. He expressed concern that the resolution seems to stray from the Security Council's traditionally neutral position. Saul categorically stated that Morocco's claim to sovereignty over Western Sahara is "manifestly illegal under international law," emphasizing violations concerning the prohibition of force and the Sahrawi people's right to self-determination as recognized by the International Court of Justice. Moreover, he condemned Morocco's actions in transferring civilian populations into the occupied territory, labeling it a breach of Article 49(6) of the Fourth Geneva Convention and a war crime.
In his remarks, Kamal Fadel emphasized the humanitarian implications of the conflict, pointing out that Sahrawi refugees have been living in exile for five decades, enduring significant hardships. He shed light on the deteriorating conditions faced in refugee camps in southwestern Algeria, where food insecurity and the adverse effects of climate change have become increasingly prevalent. Fadel also referenced the preliminary talks recently held in Madrid and Washington, which included Morocco, the Polisario Front, Mauritania, and Algeria as observers—the first such discussions since 2019. Despite these diplomatic efforts, he noted that Morocco remains adamant about its 2007 autonomy proposal as the sole framework for resolution.
Fadel reiterated the proposal made by the Polisario Front to the UN Secretary-General in October 2025, which outlines three options for the Sahrawi people: independence, integration, or autonomy, in accordance with UN General Assembly Resolutions 1541 and 2625. He firmly stated, "Autonomy under occupation is not self-determination; it is the formalisation of annexation by force." The forum also unearthed serious concerns regarding human rights violations within the occupied territories, highlighting restrictions on media access and the harassment, arbitrary detention, and repression faced by Sahrawi activists.
In conclusion, both Saul and Fadel called upon the international community to consistently uphold international law, drawing parallels to the decolonization processes of East Timor, Namibia, and Eritrea. Fadel passionately declared, "No occupation is permanent when international law is upheld and international solidarity is maintained," reaffirming the Sahrawi people’s inherent right to self-determination. Professor Saul echoed this sentiment, cautioning that any recognition of Moroccan sovereignty over Western Sahara and the exploitation of its natural resources without the consent of its people contravenes international law. The forum ended with a strong appeal for a legitimate, UN-supervised referendum that encompasses the option of independence and a renewed international commitment to achieving a just and lawful resolution to the Western Sahara conflict.
As reported by spsrasd.info.
