Saturday, 7 February, 2026

Moroccan Claims Crushed: Sahrawi Diplomat Exposes Bourita’s Legal Fallacies

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By: Dr. Hana Saada
Moroccan Claims Crushed: Sahrawi Diplomat Exposes Bourita’s Legal Fallacies
Moroccan Claims Crushed: Sahrawi Diplomat Exposes Bourita’s Legal Fallacies

✍️ BY: Dr. Hana Saada

Algiers – December  2025 – What unfolded in New York and in the interview granted to the Spanish press agency EFE on December 4 is nothing less than another desperate attempt by Morocco to distort international law. Once again, Sahrawi diplomat Sidi Mohamed Oamar meticulously dismantled, point by point, the deceitful arguments propagated by the Foreign Minister of the Moroccan Makhzen, Nacer Bourita.

 

By addressing the content of United Nations Security Council Resolution 2797 (2025), Bourita revealed, unintentionally, not only his ignorance but also the fact that Rabat no longer possesses any legal grounds to challenge the UN framework—except through manipulations of fundamental concepts such as the right to self-determination.

The Moroccan assertion that “the expression of the parties” equates to self-determination is absurd. Nothing in the United Nations doctrine, since 1945, supports such a claim. The right to self-determination is a collective, inalienable right of peoples, enshrined in Article 1(2) of the UN Charter, in Resolutions 1514, 1541, and 2625, and elevated to jus cogens status by the International Court of Justice in July 2024. This right cannot be bypassed, bargained, or replaced by a so-called “negotiation” between a colonized people and the occupying power. Ignoring this is either deliberate deception or staggering incompetence.

A People’s Right Cannot Be Negotiated

The deliberate confusion between the right itself and the means to exercise it is a classic Makhzen ploy. No one, apart from Bourita, claims that self-determination “necessarily means a referendum.” The reality is simple: the referendum was the option proposed by the UN and the OAU, accepted by both Morocco and the Polisario Front, and unanimously endorsed by the Security Council. MINURSO was created in 1991 based on this agreement. The referendum is thus neither a Sahrawi whim nor a “partisan choice,” but a consensual mechanism formally agreed upon and validated internationally.

Morocco’s position is even more untenable given that Rabat itself historically recognized the referendum’s legitimacy. King Hassan II’s 1983 speech stands as a public, written, and irrefutable record: Morocco declared its readiness to hold the referendum and respect its results. Attempts today to rewrite history cannot obscure the fact: Morocco accepted the referendum, committed to it, and now seeks to evade its obligations.

Denying the Sahrawi People

The most egregious falsehood remains Morocco’s denial of the Sahrawi people’s very existence—a hallmark tactic of colonial powers throughout history: deny the people to deny their rights. Resolution 2797, however, is explicit: the Security Council refers to the “people of Western Sahara” in all three official UN languages. The Fourth Committee of the General Assembly reiterated the same designation just weeks ago.

All resolutions since 1975 identify the Sahrawi people as the sole holders of the right to self-determination. The European Court of Justice, in a landmark ruling on October 4, 2024, confirmed that the majority of current residents in occupied territories are not Sahrawi; only about 25% are of Sahrawi origin. The right belongs to the people, not to colonists installed by the occupier.

Bourita’s contortions fool no one. They are rooted in a feudal conception of power, where citizens are merely subjects and popular will is nonexistent. The Makhzen speaks of “population” because it cannot comprehend the concept of a free people. It speaks of “compromise” because it cannot accept international legality. It talks of “autonomy” because a referendum would mean the end of occupation.

 

 

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