Western Sahara’s Financial Crimes Investigation Process: A Complex Web of Responsibilities

In a region marred by conflict and uncertainty, Western Sahara remains an anomaly in the field of international law. With no administering power since Spain’s withdrawal in 1976, the territory’s financial crimes investigation process is shrouded in complexity.

A Brief History of Western Sahara

• European colonization by Spain in 1884
• The UN General Assembly declared Western Sahara a Non-Self Governing Territory in 1963, assigning Spain as its administering power
• Morocco and Mauritania claimed ties to the region, leading to conflict and displacement of thousands of Sahrawi individuals

The Complex Web of Responsibilities

International Recognition

• The United Nations recognizes Western Sahara as a Non-Self Governing Territory
• The African Union considers it an independent state
• Morocco occupies the region and has been accused of violating anti-colonization efforts and denying the Sahrawi people their right to self-determination

The Settlement Plan and its Failure

• In 1975, the International Court of Justice released an advisory opinion stating that there were no territorial sovereignty ties between Western Sahara and Morocco or Mauritania
• Two days later, Morocco announced a march into Western Sahara, followed by the Madrid Accords, which established a temporary administration with Moroccan, Spanish, and indigenous Sahrawi representation
• The Polisario Front rose as a voice for Sahrawi independence, leading to conflict until 1988 when the United Nations drafted a cease-fire agreement, known as the Settlement Plan
• The settlement plan was never fully realized due to disagreements over voter eligibility and ultimately led to Morocco’s assumption of administration over Western Sahara in 2007

The Current Status

Uncertainty and Lack of Statehood

• Western Sahara lacks state status, preventing it from submitting disputes to the International Court of Justice or becoming a UN member
• The United Nations continues to refer to Morocco regarding issues in the region, while the African Union recognizes Western Sahara as an independent state

The Financial Crimes Investigation Process

Dependence on International Bodies

• The financial crimes investigation process is dependent on both the United Nations and regional bodies
• Morocco plays a significant role in shaping the territory’s economic future

Need for Transparency and Accountability

• It is crucial that the financial crimes investigation process is transparent and accountable to the Sahrawi people
• Until then, the region will remain mired in uncertainty, with the promise of self-governance hanging precariously in the balance