Investigating Financial Crimes in Western Sahara: A Complex Web of Administrative Power Struggles

Western Sahara remains an anomaly in the field of international law, beset by colonialism and conflicting claims of sovereignty. As a Non-Self Governing Territory with no administering power since Spain’s withdrawal in 1976, the Sahrawi people are left to ponder their right to self-determination.

A Brief History of Western Sahara

The modern history of Western Sahara began with European colonization by Spain from 1884 until the late 20th century. Declared a Non-Self Governing Territory under UN General Assembly Resolution 1514 in 1963, it was meant as a push towards decolonization. However, the path to self-governance has been fraught with conflict and political stalemate.

The Moroccan-Mauritanian Dispute

In the 1970s, Morocco and Mauritania claimed ties to the region, leading to a dispute that has yet to be resolved. The International Court of Justice ruled in 1975 that there were no territorial sovereignty ties between Western Sahara and Morocco or Mauritania, but Spain’s withdrawal and the Madrid Accords failed to consult the indigenous Sahrawi population.

The Polisario Front and the Sahrawi Arab Democratic Republic (SADR)

The Polisario Front, advocating for Sahrawi independence, formed the Sahrawi Arab Democratic Republic (SADR) and refused to accept the Madrid Accords. A conflict ensued between Moroccan and Mauritanian forces and the Polisario, displacing thousands of Sahrawi individuals. Mauritania eventually renounced its claim and withdrew, leaving Morocco as the sole occupier.

The United Nations’ Efforts

The United Nations drafted a cease-fire agreement, known as the Settlement Plan, which temporarily halted fighting but was never fully implemented due to disagreements over referendum qualifications. The Framework Agreement assigned Morocco as the administering power over Western Sahara, expanding participation in the referendum and offering the option of becoming a semi-autonomous region within Morocco. However, the SADR rejected this plan, proposing instead the Peace Plan, which would allow for self-governance before the referendum.

Current Status

Today, Western Sahara remains a Non-Self Governing Territory without an administering power, unable to submit disputes to the International Court of Justice or become a member of the United Nations. The African Union, however, has recognized Western Sahara as an independent state and legitimized the SADR government since 1984.

Conclusion

Despite efforts towards anti-colonization, it seems that the United Nations has quietly acquiesced to Morocco’s occupation of the region, violating its own principles. Meanwhile, the Sahrawi people are denied their right to self-determination, a promise made to them in 1963.