Algiers, 28 July 2026 (SPS) – Ambassador Malainin Lakhal has affirmed that the question of Western Sahara is neither a border dispute nor a disagreement over territorial sovereignty, but rather an unfinished decolonisation issue.
He stressed that the legal status of the Territory has remained unchanged since its inclusion in 1963 on the United Nations list of Non-Self-Governing Territories as Africa's last unresolved decolonisation case, underscoring the need to confront the occupation's narratives and propaganda.
The remarks were delivered on Monday during a lecture presented as part of a scientific symposium jointly organised by the Algerian National Institute for Comprehensive Strategic Studies and the Sahrawi Centre for Strategic Studies in Algiers under the theme: "The Question of Western Sahara: Historical Roots, Current Situation, and Prospects in Light of International Developments."
The Sahrawi ambassador stressed that understanding the Western Sahara issue does not depend on shifting geopolitical calculations or the balance of power, but rather on the principles of international law, which enshrine the right of peoples to self-determination. He noted that the United Nations Charter and UN General Assembly Resolution 1514 on the Granting of Independence to Colonial Countries and Peoples constitute the legal foundation governing the status of Western Sahara, confirming that sovereignty over the Territory is a settled matter and an inherent, permanent right of the Sahrawi people.
Ambassador Lakhal reviewed the legal evolution of the issue, highlighting that the Advisory Opinion of the International Court of Justice (ICJ) issued on 16 October 1975 conclusively settled the question of sovereignty by affirming that no territorial sovereignty ties existed between Morocco and Western Sahara. He stressed that Morocco's claims of historical or other links cannot diminish the Sahrawi people's right to self-determination and independence.
He further emphasised that the Madrid Tripartite Agreement did not transfer sovereignty over the Territory, a position confirmed by the United Nations and the 2002 UN Legal Opinion, as well as by successive rulings of the Court of Justice of the European Union (CJEU), which have consistently affirmed the separate and distinct legal status of Western Sahara. He also referred to the African Union's 2015 legal opinion and the 2022 judgment of the African Court on Human and Peoples' Rights.
On the political dimension, the lecturer examined the evolution of the UN-African peace process since the 1991 ceasefire, noting that the United Nations Mission for the Referendum in Western Sahara (MINURSO) was established primarily to organise a self-determination referendum. However, the obstacles created by the Moroccan occupation prevented the implementation of the Settlement Plan, before Morocco advanced unilateral proposals that contradict the essence of the decolonisation process, foremost among them the so-called autonomy proposal, which bypasses the Sahrawi people's right to self-determination.
Lakhal also addressed the impact of regional and international developments on the Western Sahara issue, asserting that the political interests and alliances of certain international powers cannot legitimise the occupation or nullify the Sahrawi people's established rights. He stressed that imposing a fait accompli through military force does not confer either legal or political legitimacy upon the occupation.
In this context, he stated that the Western Sahara issue represents a genuine test of the credibility of the international legal order, warning that subordinating the principle of self-determination to political interests threatens the foundations of international legitimacy and undermines the system of international law established after the Second World War.
Addressing the human rights dimension, Ambassador Malainin Lakhal stated that the fundamental violation in Western Sahara lies in depriving the Sahrawi people of their collective right to self-determination, which he described as the essential gateway to guaranteeing all other civil, political, economic, and social rights. He also reviewed what he described as documented violations against Sahrawi civilians in the occupied territories, the hardships endured by Sahrawi refugees, and the continued exploitation of the Territory's natural resources without the consent of its people.
Concluding his lecture, Ambassador Malainin Lakhal reiterated that the legitimate and realistic solution to the conflict lies in enabling the Sahrawi people to exercise their inalienable right to self-determination through a free and fair referendum offering multiple options from which they may choose. He renewed his call for respect for international law and for the United Nations and the African Union to fulfil their obligations in order to complete the decolonisation of what he described as the last remaining colony on the African continent.
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