ACHPR
In line with article 62 of the African Charter, the African Commission on Human and People’s Rights considered, at its 87th session, the State report of the Saharawi Arab Democratic Republic (hereinafter “the SADR” or “Western Sahara”) covering the period from 2013 to 2025.
In line with its obligation under the African Charter, the SADR submitted its periodic report. ISHR, the Working Group on Human Rights in Occupied Western Sahara and Front Line Defenders, submitted a civil society report addressing the persistent and systemic human rights violations in the occupied parts of Western Sahara placed under occupation by the Kingdom of Morocco, with a specific focus on human rights defenders and reprisals against them and the exploitation of natural resources as a tool to normalise and entrench the occupation.
The joint report was submitted on the basis that the ACHPR is competent to assess the human rights situation across the entirety of Western Sahara, including those areas currently under the effective control of the Kingdom of Morocco. The existence of foreign occupation does not transfer sovereignty nor fragment the territorial integrity of a Non-Self-Governing Territory. International law is clear that human rights obligations extend to territories under a State’s effective control, including occupied territories.
The timely review by the African Commission is welcome as the occupation, closed territory, expelled independent observers, and absent oversight has left the human rights situation in occupied Western Sahara largely unmonitored and underreported, enabling impunity for attacks against HRDs.
The joint report thus called on the African Commission to raise the following recommendations to the Kingdom of Morrocco, as the occupying power, during the State review of SADR:
As is custom, following the presentation of the SADR State report on 16 May, members of the African Commission asked questions focusing on the theme of their mandates.
On 17 May, the SADR provided its preliminary responses to the members of the African Commission. The SADR Minister of Foreign and African Affairs used the opportunity to provide further information on the situation of HRDs, highlighting in particular the UN Committee Against Torture’s request for the immediate release of the Gdeim Izik group and urged the Commission, in particular Commissioner Lumbu to “adopt their case and request their release“. The Minister also raised the cancellation of the joint ISHR side event on HRDs and voiced the SADR’s support to civil society’s demands to the African Commission to provide information on the reasons of the cancellation and ensure non-repetition, adding that such acts
“must not be allowed in the future..[and we must] punish those who commit such practices”. SADR Minister of Foreign and African Affairs
The African Commission will publish its concluding observations to the SADR review in due time.
BACKGROUND
Western Sahara is universally recognised as a Non-Self-Governing Territory entitled to the right to self-determination in accordance with UN General Assembly resolutions 1514 (XV) and 1541 (XV), as affirmed by the International Court of Justice in its Advisory Opinion on Western Sahara (1975). The SADR has been a member state of the African Union since 1982. Since 1975, the Kingdom of Morocco has subjected the greater parts of Western Sahara to colonial and foreign occupation. The African Court’s 2022 judgement confirmed that this occupation violates Sahrawis’ right to self-determination, obligating all African Union Member States to promote and protect that right.
At a Human Rights Council debate with the Independent International Fact-Finding Mission for the Sudan, ISHR delivered a joint statement with Sudanese Women’s Rights Action and the Regional Coalition for Women Human Rights Defenders in South West Asia and North Africa.
At the last session of its current membership, the NGO Committee’s rate of approval for organisations awaiting consultative status dropped to a record low of 5% amidst continued politicisation of NGO engagement at the UN.
During its 87th session, the African Commission on Human and Peoples’ Rights (ACHPR) heard about the human rights situation on the continent, reviewed the periodic report of the Republic of Sahrawi Arab Democratic Republic, and of the Republic of Kenya, and held different panels to advance the protection of human rights on specific themes and countries.
