The Forgotten Colony Diplomacy, Human Rights, and Conflict Irresolution in the Western Sahara Razane Cherk GOVT 370: IPOL Honors April 7, 2016 Abstract The durability of the Moroccan narrative on the Western Sahara combined with the complementary narratives and strategic interests of its closest allies, the United States and France, have contributed to the monarchy’s ability to continue committing human rights violations in the Western Sahara with little opposition. The Western Sahara has been the battleground of competing narratives since the 1970s. The United States, France, Morocco, and the Polisario (Popular Front for the Liberation of Saquia al-Hamra and Rio de Oro) are the main actors whose narratives have shaped how the conflict has unfolded over the past forty years. The Moroccan narrative emphasizes that the Western Sahara is a historical part of Morocco and that Sahrawis are simply Moroccans, completely denying the Polisario’s narrative. The Moroccan monarchy has been so successful at promoting this idea that even those Moroccans who do not understand the conflict chant about the Western Sahara being Moroccan and always Moroccan (al-sahra maghribiya, dima maghribiya). Furthermore, while the narrative has usually been portrayed as representing the views of the monarchy, embodied in the monarch himself, since 1975, King Hassan II extended it to make it become a part of each Moroccan’s identity. On the other hand, the Polisario has an opposing, also nationalistic narrative that emphasizes its desire for an independent Western Sahara for the Sahrawi people. These competing narratives have contributed to Morocco’s ability to continue committing human rights violations in the Western Sahara with little backlash by its closest allies and the international community. 1 The Western Sahara conflict has been unresolved for four decades now, with little hope of a resolution any time soon. In early March of 2016, in an unprecedented move, Secretary-General of the United Nations (UN), Ban Ki-moon visited the refugee camps near Tindouf in southwestern Algeria, characterizing the situation of the Sahrawi refugees as “unacceptable.”1 Ban also said that the parties to the conflict have not made sufficient progress in forging a resolution, prompting his decision to visit the area to encourage resuming negotiations.2 The Moroccan government’s response to Ban’s visit illustrates how the monarchy views the conflict as tied to its very identity and legitimacy. On March 13, 2016, thousands of Moroccans marched in Rabat, protesting Ban’s visit and his alleged “bias” against Moroccan sovereignty.3 Some marchers even said that they were provided with transportation to the march by bus and that trains were free on the day of the event.4 The source of the monarchy’s anger was Ban’s alleged use of the word “occupation” to describe the conflict, illustrating how powerful words can be in the Moroccan state’s view. Initially, the Moroccan government threatened to reduce the number of staff working for the UN Mission for the Referendum in Western Sahara (MINURSO) and even to bring back its troops working for UN peacekeeping missions in other countries.5 While deciding against bringing back its troops from other missions, eighty-four MINURSO members were given a three-day warning to leave the United Nations (UN), “In Algeria, the United Nations Chief Calls to Ease ‘Unacceptable’ Plight of Sahrawi Refugees,” UN News Center, March 05, 2016, http://www.un.org/apps/news/story.asp?NewsID=53377#.Vu-pCJ97IV. 2 Aomar Ouali, “UN Chief to Send Envoy to Restart Western Sahara Talks,” Washington Post, March 6, 2016, https://www.washingtonpost.com/world/africa/un-chief-to-send-envoy-to-restart-western-saharatalks/2016/03/06/255d181e-e3d1-11e5-a9ce-681055c7a05f_story.html. 3 Aziz El Yaakoubi, “Moroccans Protest over U.N. Ban's West Sahara Position,” Reuters, March 13, 2016, http://www.reuters.com/article/us-morocco-protests-idUSKCN0WF0KK. 4 Ibid. 5 Kayla Ruble, “Morocco Boots UN Diplomats over Western Sahara Spat,” VICE News, March 18, 2016, https://news.vice.com/article/morocco-boots-un-diplomats-over-western-sahara-spat. 1 2 Western Sahara.6 The strongly-held belief that the Western Sahara is Moroccan is not only propagated by the monarchy, but also by Moroccans themselves, with one protestor saying Moroccans were rallied at the march “to tell Ban and the world that the Sahara is a red line for us, and we would die for it.”7 Competing discourses by the different actors involved in the Western Sahara dispute have had a major influence on how the conflict has unfolded and been perceived since 1975. These differing narratives have also contributed to the marginalization of the human rights situation in the territory and to Morocco’s ability to evade punishment for its violations. This paper will examine these competing narratives in order to analyze how the different actors involved understand the conflict and how these understandings have shaped the human rights situation in the territory up to the present day. Furthermore, by looking at the conflict through an examination of human rights and narrative, it is possible to better understand the underlying issues that have led to the dispute’s lack of resolution after four decades. While most academics have focused on the strategic and political aspects, namely the roles of the U.S. and France, this paper will look at the situation through all three lenses: human rights violations, competing narratives, and strategic interests. This will give a more well-rounded view of the conflict that, as will be discussed later, is missing from the current literature on this topic. The U.S. and France have supported Morocco since the beginning of the conflict in Western Sahara, as illustrated by the continued increase in trade and investment throughout the years, in spite of the human rights situation. Since 9/11, American and French relations with Morocco have been bolstered by the countries’ cooperation in the global fight against terrorism. The U.S. does not readily support the independence of the Western Sahara due its fear of the territory becoming a 6 7 Ibid. Ibid. 3 terrorist safe haven. France has similar concerns. To ensure that Morocco continues to support the Americans and the French by providing them with the intelligence and access they need in the Maghreb, the U.S. and France have shaped their narratives to oppose Sahrawi self-determination and any attempts to pressure Morocco about its violations in the Western Sahara. The monarchy’s narrative of the conflict has evolved over time, utilizing different strategies depending on the political situation. As William Zartman notes, throughout different periods, Morocco has adopted three different strategies: aggressive claiming, defensive confirming, and offensive bargaining.8 These strategies will be examined in depth later on in the paper. This shaping and reshaping of the narrative has helped the monarchy ensure its legitimacy and undermine the Polisario. Morocco has also been proactive about ensuring support for its position through forging and maintaining diplomatic ties with various countries. When there is a crisis or a country hinting at recognizing the Western Sahara, the monarchy goes on the offensive and uses any tools it can to ensure that it has the upper hand. For example, in 2015, the Moroccan government decided to shut down IKEA in response to the Swedish government’s discussions about possibly recognizing the Sahrawi Arab Democratic Republic (SADR).9 This consistent diplomatic action on the part of Morocco has made it very difficult for the Polisario to be able to effectively garner as much political support as it needs. The Polisario has diplomatic ties with many countries and has certainly succeeded in earning much support for its cause. Since its inception, over eighty countries, most of them located in Africa and South America as well as the Organization of African Unity (OAU) or African Union (AU) William Zartman, “Morocco’s Saharan Policy,” in Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, eds. Anouar Boukhars and Jacques Roussellier (Lanham, MD: Rowman & Littlefield, 2014), 55-6. 9 Reuters, “Morocco Blocks Ikea Store in Row over Swedish Support for Breakaway Republic,” The Guardian, September 29, 2015, http://www.theguardian.com/world/2015/sep/29/moroccan-authorities-block-ikea-storeopening-in-row-over-swedish-support-for-independent-republic-in-western-sahara. 8 4 today, recognized the SADR.10 However, this success has been rather limited because of Morocco’s offensive strategy, which has led to about thirty of these countries cancelling or suspending their recognition and/or freezing their relations with the SADR since the 1990s, most likely due to being pressured to do so by the monarchy or one of its allies.11 The Polisario’s narrative focuses on the independence of the Western Sahara, which goes directly against the monarchy’s belief in the territory being an integral part of Morocco. As Khadija Mohsen-Finan puts it, both sides want “all or nothing,” either independence or integration/autonomy, which has made it very difficult for the conflict to be resolved thus far.12 In addition to irresolution, the Polisario’s inability to adequately back its narrative of self-determination, nationalism, and democracy has led to Morocco being able to act with impunity in the Western Sahara, committing human rights violations that continue to this day. Before delving into an examination of the dispute itself, a literature review will be presented to illustrate the gaps that exist in the discussion about human rights in the Western Sahara and explain how this paper will contribute to the existing work done on the conflict. The paper will then offer a historical overview, followed by a theoretical framework on the study of human rights and norms. This theoretical framework will guide the subsequent discussion about Morocco’s human rights violations. The later sections will focus on analyzing the involved actors’ competing narratives and providing an examination of how these competing discourses have affected the human rights situation in the Western Sahara. ARSO (Association de Soutien à un Référendum Libre et Régulier au Sahara Occidental), “Countries that recognize the SADR,” http://www.arso.org/03-2.htm. 11 Ibid.; Also see Zartman, “Morocco’s Saharan Policy,” 65. 12 Khadija Mohsen-Finan, “Sahara Occidental: Divergences Profondes Autour d’un Mode de Règlement,” L'Année du Maghreb, no. V (2009): 1-16. 10 5 Literature Review While the history of the Western Sahara conflict has been extensively discussed in books and articles, the human rights situation has not. In-depth discussion concerning Morocco’s violations in the Western Sahara has been mostly conducted by non-governmental organizations (NGOs) such as Amnesty International and Human Rights Watch.13 However, there is little examination of the human rights situation in the territory in the academic discourse on human rights violations. Many sources focus on the situation of the Sahrawi refugees in Tindouf, but not on the situation of Sahrawis within the territory itself.14 Looking at the conflict through the lens of human rights will give a much needed insight into a situation that has usually been examined through the lens of political and strategic interests. In addition to the history of the dispute, related political and diplomatic issues, such as the effect of Morocco’s alliances with the U.S. and France on the continuation of the conflict, have also been analyzed. A thorough examination that looks at the effects of alliances and competing narratives on the human rights situation in Western Sahara is needed. This paper contributes to the existing literature by examining the role of alliances, the selectivity of the application of human rights norms, and competing narratives in the Western Sahara conflict. Analysis of the history of the dispute is found in most sources dealing with the situation. Scholars, such as John Damis, Erik Jensen, and Tony Hodges, focus on presenting a historical overview of the conflict and the reasons for its stalemate.15 Other scholars examine the progression Amnesty International, “Morocco/Western Sahara,” Amnesty International, https://www.amnesty.org/en/countries/middle-east-and-north-africa/morocco/; Human Rights Watch (HRW), “Morocco/Western Sahara,” Human Rights Watch (HRW), https://www.hrw.org/middle-east/nafrica/morocco/western-sahara. 14 See Pablo San Martín, Western Sahara: The Refugee Nation, (Cardiff: University of Wales Press, 2010). 15 John Damis, Conflict in Northwest Africa: The Western Sahara Dispute, (Stanford, CA: Hoover Institution Press, 1983); Erik Jensen, Western Sahara: Anatomy of a Stalemate, (Boulder, CO: Lynne Rienner Publishers, 2012); Tony Hodges, Western Sahara: The Roots of a Desert War, (Westport, CT: Lawrence Hill Books, 1983). 13 6 of Morocco’s relations with the various actors involved. Geoffrey Jensen and Leo Kamil examine Morocco’s relations with the U.S. since the beginning of the conflict and how these relations have evolved.16 Scholars such as Akbarali Thobhani focus less on the changes in alliances over the history of the conflict and more on Morocco’s political and infrastructural contributions to the Western Sahara or “the southern provinces” (les provinces du sud) as the monarchy refers to it.17 Many French language sources also delve extensively into the history and dynamics of the conflict, but do not discuss the human rights situation in depth.18 Abdelkhaleq Berramdane looks at the conflict during different time periods and includes a historical analysis of Morocco’s relationships with the different actors involved, with an emphasis on Algeria.19 On the other hand, Hassan ‘Alaoui investigates the internal situation, taking a pro-Moroccan stance on the issue and discussing Algeria’s role in supporting the Polisario.20 In general, Arabic language sources also examine similar themes, such as the history of Morocco’s relations with the Polisario, the Western Sahara conflict’s effect on international relations, and the evolution of Morocco’s policy towards the territory under King Hassan II.21 Other sources examine the political views and strategies of various actors with vested interests in the conflict such as the U.S. and France. Anthony Pazzanita’s article on Morocco and the Polisario, for example, centers on how the relationship between the two entities has affected the 16 Geoffrey Jensen, War and Insurgency in the Western Sahara, (Carlisle, PA: U.S. Army War College Press, 2013); Leo Kamil, Fueling the Fire: U.S. Policy & the Western Sahara Conflict, (Trenton, NJ: Red Sea Press, 1987). 17 Akbarali Thobhani, Western Sahara since 1975 under Moroccan Administration: Social, Economic, and Political Transformation, (Lewiston, NY: Edwin Mellen Press, 2002). 18 Robert Rézette, Le Sahara Occidental et les Frontières Marocaines, (Paris: Nouvelles Editions Latines, 1975). 19 Abdelkhaleq Berramdane, La Sahara Occidental: Enjeu Maghrébin, (Paris: Karthala, 1992). 20 Ḥassan ‘Alaoui, Guerre Secrète au Sahara Occidental, (Paris: Encre d'Orient, 2010). 21 Ṭāhir Saʻūd, Nizāʻ Al-Ṣaḥrāʼ Al-Gharbīyah Bayna Al-Maghrib Wa-al-Būlīsāriyū, (Dimashq: Ṭ. Saʻūd, 1998); ʻUmar Ṣadūq, Qaḍīyat Al-Ṣaḥrāʼ Al-Gharbīyah Fī Iṭār Al-qānūn Al-dawlī Wa-al-ʻalāqāt Al-dawlīyah: Dirāsah Qānūnīyah Wa-siyāsīyah, (Al-Jazāʼir: Dīwān Al-Maṭbūʻāt Al-Jāmiʻīyah, 1986); Bin ʻĀmir Tūnisī, Taqrīr Al-maṣīr Wa-qaḍīyat Al-Ṣaḥrāʼ Al-Gharbīyah, (Al-Jazāʼir: Al-Muʼassasah Al-Jazāʼirīyah Lil-Ṭibāʻah, 1978); Muḥammad Abu Al-ʿAz Bouriyala, Al-Ṣaḥrāʼ Al-Maghrībīyah min khilal Al-Tarikh Wa-al-Diblomasiya Al-Hassaniya, (Oujda, Al-Maghrib: Maktabat Al-Talib, 2002). 7 ability of the UN and other NGOs to help resolve the dispute.22 Other sources focus on one aspect of the conflict and expand upon it. Yahia Zoubir analyzes the role of alliances and “power politics” in the conflict.23 Finan also looks at the effects of other countries’ interests on the Western Sahara conflict while emphasizing the importance of domestic issues in Morocco’s refusal to cede the territory.24 Laurence Ammour examines external interests and analyzes who is profiting from the prolongation of the conflict.25 Another source goes another route, comparing the Western Sahara conflict with East Timor and examining the role of natural resources in the dispute.26 Stephen Zunes and Jacob Mundy examine the relations between Morocco and the other countries involved in the conflict as well as the Polisario and offer their take on possible solutions.27 There is also some discussion on the tactics the Moroccan government has utilized to repress Sahrawi selfdetermination.28 While all of these sources delve into the political and diplomatic aspects of the conflict, there is little examination of the human rights situation. Other sources examine the history and political issues mentioned above as well as other aspects such as internal dynamics, demography, and the Polisario’s role. The book, Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, examines various aspects of the conflict such as Sahrawi identity, the roles of the U.S. and other countries in the dispute as well as the recent Anthony G. Pazzanita, “Morocco versus Polisario: A Political Interpretation,” The Journal of Modern African Studies 32, no. 2 (1994): 265-78. 23 Yahia H. Zoubir, “Stalemate in Western Sahara: Ending International Legality,” Middle East Policy 14, no. 4 (2007): 158-77. 24 Khadija Mohsen-Finan, “Trente Ans de Conflit au Sahara Occidental,” Ifri (2008): 2-16. 25 Laurence Ammour, “À Qui Profite le Gel du Conflit du Sahara Occidental?” Collège De Défense De L’OTAN: Academic Research Branch, no. 30 (2006): 1-8. 26 Claes Olsson, ed., The Western Sahara Conflict: The Role of Natural Resources in Decolonization, (Uppsala, Sweden: Nordiska Afrikainstitutet, 2006). 27 Stephen Zunes and Jacob Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, (Syracuse, NY: Syracuse University Press, 2010). 28 Ibid. 22 8 tensions between Sahrawis and Moroccans in the territory.29 Elena Fiddian-Qasmiyeh, on the other hand, focuses more on the situation of Sahrawi refugees in the camps near the city of Tindouf in Algeria and on the effect of the Polisario’s “westernized” narrative concerning Sahrawi women and religion on Sahrawi society.30 Some sources do examine some aspects of the human rights situation, but not in adequate depth. Only one source, Endgame in the Western Sahara, was found to actually go into detail about the human rights situation in the territory itself.31 Anna Khakee explores the drawbacks of MINURSO, namely its lack of a human rights monitoring mechanism, and argues that Morocco should accept the introduction of this mechanism.32 F. Ugboaja Ohaegbulam similarly examines the ethical dilemma that the U.S. faces by supporting Morocco’s position in Western Sahara, but does not go in depth about the actual human rights situation in the territory either.33 Much of his article focuses on the history of the conflict, which a number of other sources also explore in depth. What is missing from these two sources is a thorough account of the situation on the ground and how competing narratives have played a role in the marginalization of the human rights situation in the territory. In sum, while there are many sources on the conflict, few even touch upon the issue of human rights in the Western Sahara or Morocco’s violations. Exploring the human rights situation in the territory has been left mostly to human rights organizations and advocacy groups, which is a 29 Anouar Boukhars and Jacques Roussellier, eds., Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, (Lanham, MD: Rowman & Littlefield, 2014). 30 Elena Fiddian-Qasmiyeh, The Ideal Refugees: Gender, Islam, and the Sahrawi Politics of Survival, (Syracuse, NY: Syracuse University Press, 2014). 31 Toby Shelley, Endgame in the Western Sahara: What Future for Africa's Last Colony, (London: Zed Books, 2004). 32 Anna Khakee, “The MINURSO Mandate, Human Rights and the Autonomy Solution for Western Sahara,” Mediterranean Politics 19, no. 3 (2014): 456-62. 33 F. Ugboaja Ohaegbulam, “Ethical Issues in U.S. Policy on the Western Sahara Conflict,” Mediterranean Quarterly 13, no. 4 (2002): 88-115. 9 problem because the topic deserves objective analysis and understanding. There is also little on the effects of different narratives on the human rights situation specifically. This paper bridges this gap by examining how competing narratives as well as strategic interests have affected the human rights situation. Historical Overview of the Conflict Before delving into the history of the Western Sahara conflict, a few comments must be made about Morocco, the main actor in this dispute. After the French withdrew in 1956, the Moroccan state had to consolidate its power and formulate Moroccan identity. During this time, there was an ongoing power struggle between the monarchy and the Istiqlal (Independence) Party, which was calling for a constitutional monarchy.34 The monarch at the time, King Mohammed V, prevailed in the struggle by encouraging the fragmentation of the Istiqlal Party into separate parties. This led to the party losing much of its original power.35 After the death of Mohammed V in 1961, his son, King Hassan II, had very little support and developed various strategies to continue his father’s legacy.36 The idea of the Moroccan monarch holding the title of “Commander of the Faithful” (Amir al-Mu’minin) is an old one in Moroccan history, but Hassan took this aspect very seriously.37 This, combined with the belief in the Moroccan monarchs being Sharifian (Shurafa’) or descendent from Prophet Mohammed himself,38 gave the Moroccan dynasty and the ‘Alaoui family much control over the state. In the first Moroccan constitution, introduced in 1962, Hassan specified that Morocco was to be “ruled by the eldest son of the ‘Alaoui family, who would not only be king, but 34 C. R. Pennell, Morocco: From Empire to Independence, (Oxford: Oneworld Publications, 2003), 163-6. Ibid. 36 Ibid., 166-7. 37 Ibid., 167. 38 This emerged during the Sa’dis’ rule. See C.R. Pennell, “Sharifian Morocco,” in Morocco: From Empire to Independence, (Oxford: Oneworld Publications, 2003), 78-96. 35 10 Commander of the Faithful.”39 This had huge implications for the nature of the Moroccan state and the role of the monarch. Like his father, Hassan wanted to keep political parties fragmented in order to impede their ability to directly challenge the monarchy. This led to him implementing a multiparty parliamentary system, which exists to this day.40 This type of system was key in giving an appearance of a democratic process, but the Moroccan state was and, even after the new constitution implemented after protests in 2011, still is an absolutist monarchy.41 This combination of the monarch being Sharifian and Commander of the Faithful gave the Moroccan monarch even more power, making him sacred in the eyes of the Moroccan populace. The use of Islam to bolster his position and the multiparty system that continues to this day has contributed to Hassan’s stance on the Western Sahara conflict. As will be discussed in more detail below, the narrative of the Western Sahara’s “Moroccanness” was inscribed in the monarch, a monarch who is descendent from the prophet and who is to be respected by all Moroccans, no matter what. In effect, the discourse on the Western Sahara is imbued with religious connotations that have given it the power that it now has over both the monarchy and the Moroccan people. The Western Sahara conflict was born partly out of these understandings, which King Hassan II took advantage of in 1975 to rally Moroccans around the idea of a Moroccan Sahara. In essence, the Western Sahara conflict is about a piece of land.42 However, as Zunes and Mundy note, the conflict is imaginary in the sense that it is most fundamentally based on ideas— more specifically, sets of ideas that clash. It is the Moroccan idea of a “Greater Morocco”43 that 39 Ibid., 167. Ibid., 167. 41 See Ahmed Benchemsi, “Morocco: Outfoxing the Opposition,” Journal of Democracy 23, no. 1 (January 2012): 57-69. 42 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, xxii-xxiii. 43 Originally, Greater Morocco was thought to comprise all of Mauritania and parts of Algeria and Mali. 40 11 contends with the Sahrawi idea of independence.44 This “‘imaginary’” condition that underlies the essential issue is what has made the conflict so difficult to resolve.45 Contrary to popular belief, this idea of Greater Morocco was not put forth by the Moroccan monarchy, but by the Istiqlal Party, mainly voiced by the party leader, Allal al-Fassi, during the independence movement of the 1950s.46 This led to the Western Sahara being seen as an integral part of Morocco after its experience with colonialism under both France and Spain, elements of which are still present today.47 Because the idea was initially put forth by the “nationalist elite” and gained traction in the discourse of Moroccan nationalism, the monarchy, under King Mohammed V at the time, incorporated it into its agenda as well, taking the already formed narrative and making it his own.48 The idea of Greater Morocco was the main justification for the fierce fight to incorporate the Western Sahara into Moroccan territory. After independence, Morocco had gained back other territories from Spain—Tarfaya in 1958 and Sidi Ifni in 1969—so the incorporation of the Western Sahara into the kingdom was seen as only natural following the incorporation of other territories that Spain had controlled.49 Sahrawis (Sahrawa) claim their right to independence also on the basis of historical evidence and their own narrative of self-determination. Morocco defines Sahrawis as Moroccans (Maghariba), but Sahrawis who reject Morocco’s sovereignty over the Western Sahara, claim that “they are not and never will be Moroccans.”50 It is understandable why these two ideas clash and why this clash has not allowed for a resolution to be realized. However, as will be discussed below, there is more to the conflict than just a clash of Sahrawi nationalism and Moroccan irredentism. 44 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, xxii-xxiii. Ibid. 46 John Damis, “The Western Sahara Conflict: Myths and Realities,” The Middle East Journal 37, no. 2 (Spring, 1983): 173. 47 Spain still controls Ceuta and Melilla, two cities in northern Morocco. 48 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, xxiii. 49 Ibid. 50 Ibid., xxiv. 45 12 External involvement has proven especially important when it comes to this conflict because of the long-lasting effects it has had on several issues, especially the human rights situation. While this forms the foundation for understanding the conflict, it will be necessary to examine the main events that took place from 1975 onwards to comprehend the reasons why the conflict is at a stalemate today. In 1975, after the International Court of Justice (ICJ) gave its advisory opinion on the Western Sahara at Morocco’s request,51 King Hassan II called on Moroccans to unite in a “Green March” (Al-Massira Al-Khadraa/La Marche Verte) to the territory to claim it for Morocco.52 The march’s goal was to force the Spanish to leave the territory. Hassan’s call to action is significant due to his use of Islamic symbols. He claimed that Moroccans must go to the Western Sahara to “rejoin [their] Sahrawi brothers,” in effect rendering any call for self-determination invalid in the eyes of the Moroccan monarchy.53 The use of religion as justification was especially influential because it inspired the Moroccan people and has contributed to the monarchy’s unwillingness and fear of accepting the independence of the Western Sahara. Hassan claimed that inspiration for the march came from a Quranic surah that addresses a difficult time that Prophet Muhammad had endured.54 He even went as far as to call the 350,000 marchers “pilgrims” in order to further strengthen its religious Morocco had requested that the ICJ answer two questions: “Was the Western Sahara (Rio de Oro and Saquia alHamra) at the time of colonization by Spain a territory belonging to no one (terra nullius)?” and “What were the legal ties between this territory and the Kingdom of Morocco and the Mauritanian entity?” The answer to the first question was no because there were tribes present in the territory while the answer to the second question was more complex: Morocco and Mauritania had some authority over some of the tribes present in the territory, but not all. This second, ambiguous answer was used by Morocco as justification for seizing control of the territory (Morocco took the northern section of Saquia al-Hamra and Mauritania took the southern section of Rio de Oro). Original document available from http://www.icj-cij.org/docket/files/61/6197.pdf. 52 Thobhani, Western Sahara since 1975 under Moroccan Administration, 54. 53 Ibid., 55. 54 Ibid., 55. 51 13 symbolism.55 In light of the belief that the Moroccan monarch is a descendent of the prophet and, in extension, Commander of the Faithful, the Moroccan populace saw this religious symbolism as very powerful and was easily attracted to it. There were concerns that conflict might break out between Morocco and Spain, but this was avoided since Spain agreed to hand the territory over to joint Moroccan-Mauritanian control before the march progressed further into the Western Sahara.56 By the day of the march on November 6, 1975, “Morocco experienced an immense surge of nationalism and patriotism.”57 This led to more requests to join the march and showed how effective Hassan’s call to action had been. Other than religious inspiration, many believe that another reason for Hassan’s call to action was his attempt to protect his rule after two coup attempts in July 1971 and August 1972.58 However, John Damis claims that this was not entirely true because, as noted above, it was not the Moroccan monarchy that was behind the idea of incorporating the Western Sahara. Hassan just utilized it like his father, Mohammed V, had done earlier after it was introduced by the Istiqlal Party during independence.59 The coup attempts were certainly significant events that contributed to changes in Hassan II’s rule, but they did not contribute directly to him initiating the Green March. After the march and the departure of Spain from the Western Sahara on February 28, 1976,60 Morocco sent military and civilian personnel into the territory to assume joint control with Mauritania.61 After Spain’s withdrawal by 1976, the Polisario, a group of Sahrawis who joined in 55 Ibid., 55-6; According to King Hassan II, this number was chosen because it was the number of births per year in Morocco at the time. See King Hassan II and Eric Laurent, La Mémoire d'un Roi: Entretiens avec Eric Laurent, (Paris: Plon, 1993), 190-1. 56 Thobhani, Western Sahara since 1975 under Moroccan Administration, 56. 57 Ibid., 57. 58 Ibid. 59 Damis, “The Western Sahara Conflict: Myths and Realities,” 173. 60 For a very thorough and insightful discussion on the intricacies of Spain’s decision to cede the Western Sahara to Morocco and Mauritania, see Jacob Mundy, “Neutrality or Complicity? The United States and the 1975 Moroccan Takeover of the Spanish Sahara,” The Journal of North African Studies 11, no. 3 (2006): 275-306. 61 Thobhani, Western Sahara since 1975 under Moroccan Administration, 58. 14 1973 to rally for a Western Sahara independent from Spain, declared the Western Sahara to be an independent state called the Sahrawi Arab Democratic Republic (SADR).62 The war lasted sixteen years, oscillating between Moroccan and Sahrawi victories. The Polisario was very effective in the war due to its use of guerilla tactics. The first clashes between it and Moroccan troops occurred in October 1975. After a partition agreement between Morocco and Mauritania, Morocco gained control of the northern two-thirds of the territory (Saquia al-Hamra) while Mauritania controlled the southern one third (Rio de Oro).63 This partition was not accepted by Algeria, which continued to support the Polisario financially and diplomatically.64 During this time, thousands of Sahrawis fled from the Western Sahara, especially as atrocities were being committed by the Moroccan and Mauritanian soldiers against them.65 Zunes and Mundy cite the observation of an American scholar who said that “‘there was a decided attempt by the Moroccan invading forces to eliminate these people.’”66 Sahrawis were bombarded indiscriminately and napalm was also used against them.67 Morocco managed to continue the war, mainly due to its sustenance by Saudi Arabia, France, and the U.S., but Mauritania had difficulties and withdrew its claim to the Western Sahara by 1979 after the Polisario managed to infiltrate the country and reach the Mauritanian capital of Nouakchott.68 Morocco then went in to occupy the southern one third of the territory that Mauritania had given up. After Mauritania’s withdrawal, Polisario focused all of its energy on fighting 62 Ibid., 59. For an up-to-date map of the territory, see United Nations (UN), Map of the Western Sahara, Digital image, United Nations, December 2015, http://www.un.org/depts/Cartographic/map/dpko/minurso.pdf. Everything west of the berm/sand wall (red line on the map) is controlled by Morocco and everything east of the berm is administered by the Polisario. 64 Thobhani, Western Sahara since 1975 under Moroccan Administration, 60. 65 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 112-4. 66 Ibid., 114. 67 Ibid. 68 Thobhani, Western Sahara since 1975 under Moroccan Administration, 60. 63 15 Moroccan troops in the area. Throughout this period, Morocco was facing great financial difficulties, but it concentrated its efforts on fighting in order to keep the Western Sahara under its control, illustrating the ideological importance of the fight for Morocco.69 During the 1980s, Morocco built a “berm” or sand wall around the phosphate-rich territories the monarchy controlled to fight the Polisario much more effectively. At the time, this tactic was hailed as an innovative approach to dealing with a guerrilla movement. Separate berms were constructed around important parts of the territory such as a mining area called Bu Craa and the city of Dakhla. Eventually, some eighty percent of the Western Sahara was off-limits to the Polisario.70 This made it difficult for the Polisario to effectively fight the Moroccan army, otherwise known as “les Forces Armées Royales” (FAR), using its guerilla tactics. However, after the building of the berm, the Polisario concentrated more on delivering heavy assaults, resulting in heavy casualties on both sides.71 Diplomatically, Morocco was not faring well during this time as the SADR was beginning to garner attention and even support from other countries. The admission of the SADR to the OAU in 1984 angered Morocco and led to its withdrawal. By this time, the SADR had been recognized by most African states and over twenty others in Asia, Latin America, the Caribbean, and Oceania.72 In the face of these setbacks, King Hassan II’s famous visit to the territory in March 1985, the first visit after King Hassan I’s in the 1880s, was seen as an attempt by the king to show the world, especially members of the opposition, that Morocco will never cede the Sahara.73 69 Ibid., 60-1. Ibid., 61-2. 71 Ibid., 63. 72 Ibid. 73 Ibid. 70 16 Even though Morocco was succeeding in the war against the Polisario, Hassan made two important concessions during this time. He agreed to the idea of a referendum and to meet with the Polisario, which was unprecedented since Morocco had viewed negotiating with the Polisario as a form of recognition. These two concessions helped lead to the United Nations-organized cease-fire and peace plan mentioned above called MINURSO in 1991.74 During this period, the Polisario suffered several setbacks, including a number of defections to the Moroccan side. The most high profile defection was by Omar Hadrami in 1989. Hadrami was one of the six founders of the Polisario in 1973 and served in many positions, including director of military security.75 Throughout the 1990s, many attempts were made to ease negotiations between the two sides and realize the goal of implementing a referendum to determine the territory’s fate. The UN had been sending representatives since the 1980s to meet with the two sides and decide on terms to an agreement. Pérez de Cuéllar, the first secretary-general sent to the territory, was supposed to help implement MINURSO and, it was hoped, a referendum. However, Cuéllar was unable to do so, each side involved set in the goal it wanted to achieve. After rounds of talks since 1997 headed by James Baker, personal envoy to the Western Sahara at the time, and the failed attempts to implement the “Baker Plan,”76 disagreements and disputes continue to this day.77 The date of the referendum keeps getting pushed every year by the UN, with little hope of resolution in sight. The main issue has been deciding on who can vote, with Morocco wanting to include Moroccan settlers that had moved to the territory throughout the 1990s and the Polisario wanting to ensure that only Sahrawis are included.78 74 Ibid. See Security Council Resolution 690, The Situation Concerning the Western Sahara, (29 April 1991), available from http://www.un.org/en/peacekeeping/missions/minurso/. 75 Ibid., 67. 76 Plan offering autonomy for the Western Sahara within the Kingdom of Morocco. See Thobhani, Western Sahara since 1975 under Moroccan Administration, 90-95 and Zunes and Mundy, “The Baker Plan and the End of the Peace Process,” 219-253, in Western Sahara: War, Nationalism, and Conflict Irresolution. 77 Thobhani, Western Sahara since 1975 under Moroccan Administration, 90. 78 Ibid., 86-7. 17 The brief history outlined above helps shed light on some of the details of the conflict and will guide the later discussion on the role of Morocco’s relations with the U.S. and France. These relations have also contributed to the formulation of competing discourses that have contributed to the undermining of the Sahrawi goal of self-determination. The following section will present the theoretical framework on human rights and norms, which will guide the analysis of the Sahrawis’ human rights situation. The Universality of Human Rights and Norms The divide between human rights norms in theory and their application in practice is a highly contested issue with which several academics have grappled. While the norm of human rights has been generally recognized by the international community, as codified by the Universal Declaration of Human Rights (UDHR), which was signed by 192 countries, actually upholding and promoting these rights has had a checkered past. Many countries, such as the U.S., pay attention to human rights violations on a selective basis, illustrating the norm’s limitations in practice. The Western Saharan case is an example of how other interests outweigh the upholding of international human rights norms and play a role in valorizing one actor’s narrative over others in disputes. In order to further understand the idea of norms as well as their successes and failures, a discussion will follow focusing on what norms are, how they come about, and how human rights norms specifically are either upheld through intervention or ignored. The most referred to definition of a norm is “a standard of appropriate behavior for actors with a given identity.”79 Norms can also be divided into different categories as regulative, Martha Finnemore and Kathryn Sikkink, “International Norm Dynamics and Political Change,” International Organization 52, no. 4 (Autumn 1998): 891. 79 18 constitutive, and evaluative or prescriptive.80 Regulative norms “order and constrain behavior” while constitutive norms “create new actors, interests, or categories of action.”81 Evaluative or prescriptive norms, on the other hand, give a “quality of ‘oughtness’ that sets norms apart from other kinds of rules.82 Martha Finnemore and Kathryn Sikkink go on to note that “norm-breaking behavior” incites wide disapproval while more internalized norms incite little reaction.83 Another issue is the idea of “norm strength” and the effects of time on norms, which leads to the concept of the “‘life cycle’” of norms. When there is agreement on a norm that is held by “a critical mass of actors,” a “tipping point” emerges and the norm becomes a widely held belief.84 This norm life cycle consists of three main stages: norm emergence, norm acceptance or “‘norm cascade,’” and internalization. The first stage is mainly done through “norm entrepreneurs” who try to persuade others to uphold the norm they are trying to propagate. The second stage focuses on “imitation” as state leaders want to uphold the norm for various reasons such as pressure to conform, enhancement of state legitimacy in the international arena, and leaders wanting to increase their self-esteem.85 By the third stage, the norm is internalized and takes on a “taken-for-granted” quality, which can lead to it being side-tracked or ignored.86 This cycle varies and does not always mean that every state will take the norm seriously and protect the human rights of its citizens or its neighboring countries. As Finnemore and Sikkink note, domestic norms, within the state itself, can affect international norms in how they are interpreted and whether they are actually upheld or not.87 When it comes to actually promoting international norms, Finnemore and Sikkink note that it is necessary for an organizational structure that the norm entrepreneurs can use to promote the norms 80 Ibid. Ibid. 82 Ibid. 83 Ibid., 892. 84 Ibid., 892-3. 85 Ibid., 895-6. 86 Ibid. 87 Ibid., 893. 81 19 and garner support by states.88 Human rights norms can be promoted by various NGOs, such as Amnesty International and Human Rights Watch. International organizations, such as the UN, can both promote and, to a limited degree, enforce them. However, the UN’s role is limited because, as David Forsythe argues in his book, it is the states that make up the international organizations that have to make the move and enforce the promotion of the norm, whether it concerns women’s rights, human rights, or conduct during wartime.89 In the third chapter of her book, The Purpose of Intervention: Changing Beliefs about the Use of Force, Finnemore argues that it is necessary to look at any norm as being a part of “a fabric of interlocking and interwoven norms” rather than as a free-floating concept that is separate from other norms.90 In this way, human rights norms can be connected to self-determination norms, state sovereignty norms, and humanitarian intervention norms as well as women’s rights norms in some cases. This helps explain why human rights norms end up being upheld in some cases and not in others: changes in connected norms can change both norms and practices.91 While Finnemore shows how there has been a definite increase in states intervening to uphold human rights throughout history, she also asserts that this does not mean that states will intervene all the time. Geostrategic interests among other reasons can certainly affect the upholding of any norm, depending on the situation. The following with examine human rights norms in more depth through definitions and a survey of different scholars’ views of the concept. Louis Henkin, a scholar of international law, defines “human rights” as the idea that “every individual has legitimate claims upon his or her own society for certain freedoms and benefits.”92 88 Ibid., 899. David P. Forsythe, Human Rights in International Relations, (Cambridge: Cambridge University Press, 2012). 90 Martha Finnemore, “Changing Norms of Humanitarian Intervention,” in The Purpose of Intervention: Changing Beliefs about the Use of Force, (Ithaca, NY: Cornell University Press, 2003), 57. 91 Ibid. 92 Louis Henkin, “The Universality of the Concept of Human Rights,” The Annals of the American Academy of Political and Social Science 506, no. 1 (November 1989): 11. 89 20 These rights, which each individual is meant to have, have been outlined in the UDHR and its related documents. Human rights are divided into two categories: civil and political rights (rights to life and physical integrity); and economic and social rights (the right to “an adequate standard of living”).93 The term “human rights” itself connotes rights for everyone, anywhere, and anytime. This “universality” is claimed and prescribed by the UDHR. However, throughout history, some states have rejected the idea of human rights, arguing that it is a Western concept and that “imposing it on others is cultural imperialism.”94 Jack Donnelly, a human rights expert, examines the universality and relativity of the aforementioned claims an individual has on his or her society. Donnelly argues for the “relative universality” of human rights, claiming that the concept of universality is limited.95 By claiming that there are so-called “universal values” states, such as the U.S., can justify attacking other countries when these values, in its view, are not being upheld.96 Donnelly notes that while human rights, by definition, are rights with which every human being is born, the universality of human rights norms does not specify enforcement.97 Because states implement and enforce certain laws depending on their will and cannot be forced to do so, human rights are relative. 98 The conception of what constitutes human rights has also changed over time, illustrating again how it is relative, fluid, and heavily dependent on time and place.99 Makau Wa Mutua, a law professor, discusses the issue of adopting human rights language and not its practices, poignantly noting that “the seduction of human rights discourse has been so 93 Ibid. Ibid., 12. 95 Jack Donnelly, “The Relative Universality of Human Rights,” Human Rights Quarterly 29, no. 2 (2007): 281-2. 96 Ibid., 282. 97 Ibid., 283. 98 Ibid. 99 Ibid., 284-5. 94 21 great that it has…delayed the development of a critique of rights.”100 Mutua argues that while the concept of human rights is not foreign to other cultures, the “current” concept of universal human rights is European.101 Like Donnelly, Mutua also sees the concept of the universality of human rights as problematic because of the lack of a standard understanding of human rights norms. Forsythe discusses the development of international law and how there is an “enormous gap between legal theory and political behavior.”102 While some governments support others through beneficial trade agreements and military aid, in spite of on-going human rights violations, others, such as Sudan, Syria, and Myanmar, are punished through sanctions. This unequal application of international human rights law has been debated and discussed for decades, and even today, after the UN announced the Responsibility to Protect (R2P) principle in 2005, this uneven application of the law persists.103 Human rights laws and norms have proven inadequate. A powerful state, such as the U.S., can still defy the law in order to protect its economic, political, and geostrategic interests. The Western Sahara presents a situation where there was a failure to protect the Sahrawis because of the interests and decisions of two Western states, namely the U.S. and France. In sum, the case of the Western Sahara is an example of the issue of uneven application of human rights norms and laws that many academics have discussed. Trade between the U.S. and Morocco has continued to grow in spite of human rights violations in both Morocco proper as well as the Western Sahara. Because of its political weight and position on the UN Security Council Matua Wa Mutua, “The Ideology of Human Rights,” Virginia Journal of International Affairs 36, no. 3 (19951996): 591. 101 Ibid, 592-3. 102 Forsythe, Human Rights in International Relations, 6. 103 The three clauses of the R2P assert that the state is the primary entity responsible for protecting its citizens from infringements on their human rights, that the international community also has the responsibility to respond to any violations that a state commits, and that the international community must be prepared to use collective action to protect populations whose human rights are being violated; Resolution adopted by the General Assembly, 60/1, World Summit Outcome (2005), available from http://www.un.org/en/preventgenocide/adviser/pdf/World%20Summit%20Outcome%20Document.pdf#page=30; Also see Forsythe, Human Rights in International Relations, 4. 100 22 (UNSC) alongside France, the U.S. has managed to protect Morocco against accusations of human rights violations. The U.S. has treated Morocco differently compared to a number of other countries that have committed violations such as Sudan or Myanmar, both of which have been subject to sanctions by the U.S. and its European allies. In effect, the universality of human rights norms that is promulgated by the international community is not a reality. The practice that is supposed to follow the adoption of human rights norms is not consistent and other factors—political, economic, and geostrategic—play a crucial role in which countries are punished for violations and which are not. The following section examines how the Moroccan government continues to violate human rights in the Western Sahara by presenting some examples and offering an explanation as to why it continues to engage in this behavior in the territory. The Monarchy versus Human Rights The Moroccan government has committed several human rights violations, namely enforced disappearance, torture in prison, holding Sahrawis without trial, and criminalizing speech calling for the independence of the Western Sahara.104 The reasons for these actions are numerous, but the Moroccan government’s main goal in committing these violations is to instill fear in the Sahrawi population still living in the territory and to justify its narrative that focuses on the Sahara being Moroccan.105 This fear-mongering is used to undermine the Sahrawi nationalist movement directly and encourage Sahrawis to give up their hope of an independent Sahrawi nation. As Toby Shelley, a journalist who visited the Western Sahara reports, many Sahrawi families who had no direct connection to the Polisario or the Sahrawi nationalist movement had witnessed Moroccan security 104 Most of the following information will be obtained from reports by Amnesty International, a non-governmental organization (NGO), which can be problematic due to bias. However, Amnesty was chosen over another organization (Human Rights Watch) because of its use of verifiable sources. 105 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 145-6, 149. 23 forces showing up at night randomly and taking one of their family members, who is never seen again after that.106 These random visits by the police are used to pressure, to instill fear, and, finally, to break the will of the Sahrawi people to continue fighting. Furthermore, these actions are seen as justified. The security forces see it as just doing their duty, protecting Morocco’s sovereignty by punishing the traitors and “separatists,” as the king and other Moroccan officials have referred to Sahrawis who believe in self-determination. In a concentrated attempt to exhibit its support for human rights and for improving its reputation on the matter, Morocco has signed and ratified many conventions and treaties with the UN concerning all of the above violations.107 However, when it comes to the human rights situation in the Western Sahara, the UN has not been very successful at helping curb violations since MINURSO does not even include a human rights monitoring mechanism.108 It is the only UN mission in the world that lacks this feature.109 While Morocco has attempted to rectify its past mistakes, as will be seen, it has not been very successful at doing so. Under King Hassan II, the Moroccan government was implicated in several instances of human rights violations against not only its own people, but also Sahrawis. The years of Hassan’s rule, from 1960 to 1999, became known as the “‘years of lead’” (les années de plomb) because of the rise in the violations committed by Moroccan security forces.110 The violations committed included 106 Shelley, Endgame in the Western Sahara, 97-99. See “Reporting Status for Morocco,” United Nations Human Rights, http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=MAR&Lang=EN. 108 Khakee, “The MINURSO Mandate, Human Rights and the Autonomy Solution for Western Sahara,” 456-7. 109 Stephen Zunes, “The Last Colony: Beyond Dominant Narratives on the Western Sahara Roundtable,” Jadaliyya, June 3, 2013, http://www.jadaliyya.com/pages/index/11992/the-last-colony_beyond-dominant-narratives-on-the-. 110 Amnesty International, Broken Promises: The Equity and Reconciliation Commission and its Follow-Up, (London: Amnesty International Publications, 2010), 4. 107 24 the “systematic use of torture…the enforced disappearance of hundreds of individuals and the arbitrary detention of thousands.”111 The Moroccan state had been attempting to rectify its past actions since the mid-1990s, but it was not until the early twenty-first century that substantial changes were made.112 These changes came with King Mohammed VI, who ascended to the throne after his father’s death in 1999. In 2003, the King approved the creation of the “Instance Équité et Réconciliation” (Equity and Reconciliation Commission, IER) in an effort to bring to light the human rights violations that had been committed and allow victims to tell their stories.113 However, there were two major issues that impeded the success of the commission: not all violations that took place from 1956 to 1999 were included, and the perpetrators were not named.114 In addition to these two problems, Sahrawis were not given as much of a chance to share their stories publicly like other Moroccan victims. There was no public hearing in the Western Sahara, while in other regions there were even televised sessions.115 The Western Sahara was also excluded from the “reparation program” that existed for other regions of Morocco, illustrating how the government’s attempts to make-up for the human rights violations that it committed were not as thorough as they could have been. The IER’s work was impeded because it had a limited mandate and could not force officials to cooperate fully.116 Also, even though the IER did bring to light many of the monarchy’s violations in the past, the commission has not been enough to actually end the violations. The violations, especially police brutality and torture in prison, continue to take place, just at a lesser scale than before.117 This is 111 Ibid. Ibid. 113 Ibid., 4-5. 114 Ibid. 115 Ibid., 5. 116 Ibid., 27. 117 Anouar Boukhars, “Dynamics of Intergroup Conflicts in the Western Sahara,” in Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, 198. 112 25 especially true for the Western Sahara, where restrictions on speech prevail and the Moroccan police uses excessive force against protestors who call for independence.118 The main human rights violation that Morocco committed against the Sahrawis was enforced disappearance. While the IER examined enforced disappearances in both Morocco and the Western Sahara, the majority of the cases involved Sahrawis. These disappearances, which occurred after Morocco’s annexation of the territory in 1975 and continued until the 1990s, involved Polisario supporters as well as women and children whose family members were in some way implicated in the conflict. Moroccan authorities placed victims in detention centers for years and never informed relatives of their whereabouts.119 In 1991, in an effort to improve its record, the monarchy released about 300 Sahrawis who had been kept in secret detention centers.120 King Hassan II also created a Moroccan human rights group in 1990 called le Conseil National des Droits de l’Homme (The National Human Rights Council, CNDH), followed by the establishment of a Ministry of Human Rights in 1993.121 In spite of these and other similar efforts, many Sahrawi families have not been sufficiently compensated by the Moroccan government and many still do not know their relatives’ fates. As will be demonstrated later, one of the reasons that the human rights situation has not improved is due to little pressure being put on Morocco by its American and French allies to make substantial changes. Moroccan officials have also been unwilling to compromise or share details about certain cases to concerned relatives.122 The government has also made it very difficult for journalists and human 118 Amnesty International, Broken Promises: The Equity and Reconciliation Commission and its Follow-Up, 7. Ibid., 10. 120 Ibid., 11. 121 Ibid. 122 Ibid., 28. 119 26 rights groups to even enter the territory, causing the IER to emphasize the need for more media attention in the Western Sahara “to spread a culture of human rights.”123 Today, arbitrary detention of Sahrawis, especially those known to be working for Sahrawi human rights organizations, continues to be a common occurrence. For example, Yahya Mohamed al-Hafed Aaza, a member of the Sahrawi human rights group, Collectif des Défenseurs Sahraouis des Droits de l’Homme (Collective of Sahrawi Human Rights Defenders, CODESA), was arrested in February 2008 following his participation in protests a few days earlier.124 In 2009, Ennaama Asfari, co-president of another human rights group, Comité pour le Respect des Droits de l’Homme au Sahara Occidental (Committee for the Respect of Human Rights in the Western Sahara, CORELSO), was arrested and held for four months after an argument with a policeman.125 Moroccan police officers have also interrupted planned meetings between Sahrawi human rights activists and lawyers involved in investigations of human rights violations. Other activists have been detained numerous times at Mohammed V Airport during their travels to and from Sahrawi refugee camps near the Algerian city of Tindouf.126 However, it is not only Sahrawi human rights activists who are targeted. In 2013, several under-age Sahrawi boys claimed they were beaten and tortured by police officers in different situations, some during demonstrations calling for independence for the Western Sahara, others during random clashes with the police.127 Sahrawi children have even reported being given electric shocks during their detention by Moroccan officials.128 In addition to this, Moroccan authorities deny 123 Ibid., 66. “Regional Analysis: North Africa and the Middle East,” Observatory for the Protection of Human Rights Defenders, 2010, https://www.fidh.org/IMG/pdf/OBSUK2010north_africa_human_rights_defenders.pdf, 472-3. 125 Ibid., 472. 126 Ibid., 472-3. 127 Amnesty International, Shadow of Impunity: Torture in Morocco and Western Sahara, (London: Amnesty International Publications, 2015), 20. 128 Ibid., 31. 124 27 such occurrences regularly, claiming that many of such torture allegations are “unfounded.” 129 Complaints by Sahrawis of these events are also regularly ignored.130 Thirty-seven-year-old Mohamed Lamine El Bakkari shared the numerous torture techniques that were used by the Moroccan police who had arrested him during a protest calling for independence in November 2013 in the city of Boujdour in the Western Sahara.131 He said he was tied to a plank and beaten while being questioned about his political loyalties.132 Twenty-year-old Hamza Ljoumal, who was arrested on June 4, 2013 in Smara, Western Sahara, reported he was forced to sign confession papers that he was not even allowed to read while being beaten. When in court, the judge ignored that the papers were signed forcefully and his confession was used against him as evidence.133 Salouh Mailass, who was at the same protest as Ljoumal, reported being beaten while suspended from the ceiling of an interrogation room. He also reported that the police staged a “photo-shoot” to show that his detention was humane, giving Mailass clothing and food, but taking them away ten minutes later once the shoot was completed.134 Other Sahrawi men have reported Moroccan police officers threatening to rape them with various objects.135 These humiliation tactics have been key in Moroccan officials’ attempts to instill fear in the Sahrawi people. Two of these men, Mohamed Ali Saidi and Mohamed Garnit, were arrested in May 2013 after peaceful demonstrations calling for self-determination in Laayoune, the capital of the Western Sahara. These men were not arrested for a specific offense. Rather, they were arrested and tortured to set an example to other Sahrawis who might think of protesting. A third 129 Ibid., 21. Ibid. 131 Ibid., 23. 132 Ibid. 133 Ibid., 28. 134 Ibid., 29. 135 Ibid., 41-42. 130 28 Sahrawi man, Abdelmoutaleb Sarir, reported he was raped with a glass bottle during his detention in February 2014.136 As per usual, his request for a medical examination to prove his story was ignored and he was convicted of various charges such as attacking police officers and damaging public property.137 Morocco has signed on to several treaties and conventions with stipulations on the protection of human rights. The Convention against Torture obliges Moroccan officials to investigate torture allegations.138 However, as the above examples show, this has not been done. Most Sahrawis who were tortured reported that their testimonies about their experiences were ignored. Youssef Lembidae reported that the judge during his court trial refused to acknowledge his complaint that Moroccan officers had beaten him even though he still had bruises and cuts on his face after the incident. His brother, Karim Lembidae, experienced the same treatment.139 However, it is not only Moroccan officials who abuse Sahrawis, but Moroccans settlers living in the territory as well. In November 2010, in a camp called Gdim Izik, set up near Laayoune by Sahrawis protesting about their disadvantaged socioeconomic status, Moroccan officials and settlers engaged in violent methods to dismantle the camp leading to several deaths on both sides.140 By November 8, the protests had spread to Laayoune where Moroccans and Sahrawis beat each other and set fire to each other’s homes and businesses for days. Officials arrested about 200 people in connection with the unrest, all of them Sahrawi.141 136 Ibid., 42. Ibid., 43. 138 Ibid., 46-7. 139 Ibid., 45. 140 Amnesty International, Right Trampled: Protests, Violence, and Repression in Western Sahara, (London: Amnesty International Publications, 2010), 5-6, 8. 141 Ibid., 6. 137 29 Several of those detained reported that they were beaten after refusing to “pledge allegiance to the King of Morocco or to confirm they were Moroccan nationals,” illustrating that the manner in which they were treated was connected to their belief in self-determination.142 Several Sahrawi women, young and old, were beaten as well.143 A 31-year-old woman reported that she was sexually harassed by Moroccan security forces when they stormed the camp. She was also ordered to say “long live the king” and was called names.144 Another woman was questioned about her political activities and beaten when she said she was Sahrawi, not Moroccan.145 Many of these incidents show that Moroccan security forces punish Sahrawis for their beliefs, rather than for actual crimes. In addition, the fact that women were beaten and sexually harassed illustrates how indiscriminate the officials are about who they abuse. Furthermore, many of the Sahrawis involved in the Gdim Izik Protests reported being scared to file complaints because of their concern of possible reprisal.146 While these similar allegations and experiences are also shared by Moroccans who have been tortured, especially student protestors, the reasons behind this treatment differ depending on whether the person is Moroccan or Sahrawi. For the Sahrawis, the reason is to strike at the nationalist movement as illustrated by the fact that many are questioned about their relationship with the Polisario.147 Moroccan officials act with impunity against Sahrawis in the territory because they distrust them and question their loyalty to the state. Sahrawis are seen as a security threat, a threat to Morocco’s sovereignty. They are seen as something that has to be dealt with in as brutal a manner as possible to instill fear and curb their nationalist dreams. The ability of the Moroccan government to commit violations with little to no punishment illustrates the power of competing narratives and how 142 Ibid., 11. Ibid., 11-2. 144 Ibid., 12. 145 Ibid., 12-3. 146 Ibid., 16. 147 Amnesty International, Shadow of Impunity, 49. 143 30 the Moroccan narrative of the Sahara being Moroccan has been used as justification by the state to torture Sahrawis indiscriminately. The Gdim Izik Protests and the violence that ensued later, in which both Moroccans and Sahrawis were involved, illustrate the tensions that exist in the territory. Even though the Sahrawi nationalist narrative emphasizes non-violent resistance, the divide that will be discussed later between the philosophies of resistance between older and younger Sahrawis has been a source of contention. During the protests, Sahrawi youths attacked a school and tried to take students hostage, showing that non-violent resistance may not be how the younger generations want to proceed in attempting to resolve the dispute.148 On the other hand, the cooperation that took place between Moroccan security forces and Moroccan settlers in attacking Sahrawi homes and shops illustrates the power of the belief in the Moroccan narrative.149 This cooperation between security forces who just stood by, allowing Moroccan nationals to beat Sahrawis and loot their shops, demonstrates the way that Sahrawis are viewed: traitors to the state and undeserving of protection. This view is what has contributed to these violations continuing, in addition to its support by the American and French narratives on the conflict. The Franco-American Consensus Morocco’s ability to succeed militarily against the Polisario was primarily due to the economic and military aid that it was provided with by the U.S. and other countries.150 In addition to economic and military aid, strong diplomatic support during the 1980s from both the Mitterrand presidency in 148 Amnesty International, Rights Trampled, 18-9. Ibid., 19-20. 150 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 79. 149 31 France and the Reagan administration in the U.S. also helped Morocco subdue the Polisario.151 However, at the same time, the U.S. has not recognized the annexation of the Western Sahara by Morocco and is now supporting the monarchy’s autonomy plan. France, on the other hand, has been against the formation of an independent state in the Western Sahara since 1975.152 This pressure by France is related to its desire to maintain strong relations with Morocco, but also its direct implication in the conflict in various instances.153 In effect, this “Franco-American Consensus” has helped Morocco maintain control over the Western Sahara and be protected from facing consequences for its actions by the UNSC.154 As will be demonstrated, while American and French support of Morocco in the Western Sahara dispute has changed from predominately militarily to politically, the very nature of the countries’ relationships with each other has not. The United States Morocco was the first country to recognize the young United States in 1777 and the relationship between the two has only strengthened ever since.155 Morocco is an important strategic ally of the U.S. due to its geographical location, being close to Europe while sharing ties with the Middle East and due to its long-term stability compared with other states in the region.156 In addition, Morocco has had an intimate relationship with the U.S.’s closest ally, Israel, especially under King Hassan II.157 In effect, the U.S. has balanced its silent acceptance of Morocco’s claim of sovereignty over the Western Sahara with its own interests in order to ensure Morocco’s support for its various endeavors in the region. 151 Ibid., xxix. Ibid. 153 Ibid., 79-80. 154 Ibid., xxv. 155 Ibid., 71. 156 Ibid. 157 Ibid., 73. 152 32 After Africa’s decolonization by the Europeans throughout the 1950s and 1960s, the U.S. focused more of its attention on Africa because it realized its strategic value.158 However, according to Kamil, the U.S. did not necessarily offer a better alternative to the Africans than the Europeans did, since rather than focusing on helping develop the continent economically, it offered military cooperation instead.159 Morocco absorbed one-fifth of the rising military aid that was given to Africa and that helped fuel many conflicts at the time, especially under the Reagan administration.160 In effect, as noted above, the provision of military equipment and aid by the U.S. to Morocco was one of the most important factors in Morocco’s success in the war against the Polisario. In addition to providing arms and military expertise, the U.S. also maintained four military bases in Morocco: Sidi Slimane, Nouasser, Boulhaut, and Benguerir. Kamil even claims that nuclear warheads were stored at some of these bases.161 In 1960, the U.S. had 20,000 troops stationed in Morocco, which was the largest contingent of troops in Africa.162 In addition, since 1975, the U.S. had also maintained a permanent squadron of fighter planes in the city of Laayoune.163 As these numbers show, U.S. support for Morocco has been very significant and contributed to Morocco’s success in subduing the Polisario from the start of the conflict to the present day. Even though the U.S. claimed neutrality in the conflict, many of its actions contradicted this stance. Today, the U.S. and Morocco enjoy strong economic ties that have contributed to the U.S. turning a blind eye to the monarchy’s human rights violations and its opposition to the referendum. In 2006, the two countries signed a free trade agreement. After the entry into force of the agreement, the U.S.’s goods trade surplus with Morocco increased from $79 million in 2005 to $1.8 billion in 158 Kamil, Fueling the Fire: U.S. Policy & the Western Sahara Conflict, 1. Ibid., 2. 160 Ibid. 161 Ibid., 6. 162 Ibid. 163 Ibid., 28. 159 33 2011. 164 In addition, the U.S.’s exports to Morocco increased by 45 percent since the signing of the agreement.165 Coincidentally, the free trade agreement came during a time when the U.S. was trying to strengthen its relations with Morocco and also bolster its presence in the region to fight the threat of terrorism through various initiatives and partnerships. The U.S. has free trade agreements with only four other countries in the wider region (Israel, Jordan, Bahrain, and Oman), further illustrating the importance it gives to Morocco as an ally.166 The U.S.’s narrative on the Western Sahara conflict has experienced some changes since the 1970s, but its basic principle has not: support Morocco quietly at the sidelines and pressure the monarchy when the UN or other states raise concerns, especially if it has to do with human rights violations. For example, according to a 2009 diplomatic cable from the U.S. Embassy in Rabat, the U.S. government was involved in pressuring the monarchy to accept the recognition of a Sahrawi human rights organization called Association Sahraouie des Victimes des Violations Graves des Droits de l’Homme Commises par l’État du Maroc, ASVDH (Sahrawi Association of Victims of Grave Human Rights Violations Committed by the Moroccan State).167 This organization was just recently recognized in 2015 after a decade since its leaders first applied.168 In contrast to this involvement, at the beginning of the conflict, the Americans were focused on not getting themselves overly involved in the dispute. For example, according to a comment on a 1978 diplomatic cable by the U.S. mission to the UN, the Americans supported letting the OAU assume decision-making on “Morocco Free Trade Agreement,” Office of the United States Trade Representative, https://ustr.gov/tradeagreements/free-trade-agreements/morocco-fta. 165 Ibid. 166 “Free Trade Agreements,” Office of the United States Trade Representative, https://ustr.gov/tradeagreements/free-trade-agreements. 167 Wikileaks, “Western Sahara: Activist Confirms Human Rights Improvements,” 8 July 2009, 09RABAT584. 168 Human Rights Watch (HRW), “Morocco/Western Sahara: Rights Group Legalized,” August 24, 2015, https://www.hrw.org/news/2015/08/24/morocco/western-sahara-rights-group-legalized. 164 34 resolving the conflict, claiming the “jubilation” of the Moroccans over the organization’s intervention.169 However, as the conflict continued, the U.S. became much more directly involved. In a 2006 diplomatic cable containing summaries and comments on the dispute, the U.S.’s views towards the conflict are well demonstrated. Twice, it was stated that an independent Western Sahara was “unviable.”170 It was also emphasized that the Moroccan government must make the autonomy option “real and credible to the Sahrawi people.”171 Autonomy goes against the Sahrawi narrative and does not guarantee fulfilling their right to self-determination. In a 2009 diplomatic cable by the U.S. Embassy in Rabat on the dispute, the U.S. shows optimism concerning Morocco’s autonomy plan, claiming that the Polisario is more focused on geopolitical matters rather than nationalistic ones, even going as far as to say that, at least in the territory itself, “support for independence is waning.”172 Another comment, in line with part of the Moroccan narrative, says that this supposed drop in Sahrawi nationalism goes to show that the conflict is just “linked to the much older dispute between Algeria and Morocco, and hardly boosts the case for an independent state.”173 The cable also commented on Spain’s offer to grant nationality to Sahrawi refugees, saying that this would be “a simple way of resolving the plight of the refugees.” There is even a comment on elections in the Western Sahara, saying that they seemed “far more open than the Cuba-like Polisario system.”174 These comments illustrate the U.S.’s stance on the situation and their continued support for Morocco’s autonomy plan, rather than independence. The American narrative revolves around a Wikileaks, “Western Sahara: Sheryl P. Walter Declassified/Released US Department of State EO Systematic Review 20 Mar 2014,” 10 November 1978, 1978USUNN04901. 170 Wikileaks, “Western Sahara: Preparing the GOM for Autonomy and Negotiations with the Polisario,” 2 March 2006, 06RABAT389. 171 Ibid. 172 Wikileaks, “Western Sahara Realities,” 17 August 2009, 09RABAT706. 173 Ibid. 174 Ibid. 169 35 general distrust of the Polisario and its objectives. While in office, President George W. Bush had also voiced his support for autonomy within Moroccan sovereignty, claiming that independence was unrealistic. Under the Obama administration, there was very little discussion about the conflict and hardly any attempt at supporting negotiations or attempting to work towards a resolution.175 With some verbal support, but hardly any action, the stalemate between Morocco and the Polisario continues.176 France is also a very important ally to Morocco and, like the U.S., has contributed greatly to Morocco’s efforts in the conflict through political, economic, and diplomatic support. France The ties between Morocco and France are complex due to several factors. Morocco was a French protectorate from 1912 until its independence in 1956.177 After independence, personal ties were forged between members of the Moroccan royal family and prominent officials in the French government, which helped expand France’s support for the Moroccan monarchy and its goals in the Western Sahara.178 France’s rocky relationship with Algeria also contributed to strengthening the ties between the two countries. Unlike Morocco, Algeria had fought a bloody war for independence, which had strained its relationship with France.179 In addition to their already strong relationship, France was the only third party to intervene militarily in the Western Sahara, though its intervention was mostly due to the Polisario directly challenging it by killing two French nationals and taking others hostage in 1977.180 Ambassador Edward M. Gabriel and Robert M. Holley, “The Evolution of US and Moroccan Policy on Western Sahara: From Conflict to Cooperation,” in Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, 176-182. 176 Ibid. 177 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 75. 178 Ibid., 77-8. 179 Ibid. 180 Ibid., 76. 175 36 After the Green March, King Hassan II found a reliable ally in Valéry Giscard d’Estaing, the conservative French president at the time, who openly declared his opposition to “microstates” and, by extension, was against the Western Sahara becoming an independent state.181 In 1975, the two leaders agreed on the “Marrakech Plan” to help fast-track arms to Morocco to fight the Polisario.182 France’s military aid eventually added up to about $1.5-2.0 billion and came at a time when the Carter administration was not very forthcoming with its aid. Like the U.S., France also had troops stationed in Morocco during this period, just on a lower scale at about 250 out of the 14,000 it had stationed in Africa at the time. 183 It is interesting to note, however, that France actually opposed the Moroccan monarchy on many more occasions than the U.S. did.184 A possible reason for this is the rise to power of a socialist government in France in 1981 under President François Mitterrand. However, even though Mitterrand was initially against France’s direct involvement in the conflict and was trying to repair relations with Algeria, a plan to increase aid to Morocco, including military, from $192 to $266 million was agreed upon in 1982.185 During Morocco’s war with the Polisario, 50 percent of its military aid, at about $4 billion, was from France.186 Also, when France encountered financial difficulties and could not provide Morocco with the military aid it needed, the U.S. stepped in to do so in its place, illustrating the high level of support given by both sides. Like the U.S., even though France provided Morocco with extensive military aid, it was against implicating itself too deeply in the conflict. Therefore, it did not try to work towards a resolution of the dispute during this period.187 181 Ibid., 75. Ibid. 183 Ibid., 76. 184 Ibid., 77. 185 Ibid. 186 Ibid., 78. 187 Ibid. 182 37 When the UN began trying to solve the conflict, France used its position on the Security Council to protect Morocco from sanctions and support its endeavors in the Western Sahara. This was especially due to the election of the conservative president, Jacques Chirac in 1995.188 As noted above, both European and American diplomats determined that the biggest reason for this support was the personal ties that existed between the French president and the Moroccan royal family. According to a 2005 diplomatic cable from the U.S. embassy in Algiers, Chirac had told Algerian President, Abdelaziz Bouteflika, “that he considered himself a ‘member of the Moroccan royal family.’”189 Reportedly, Bouteflika responded by congratulating Chirac on his “descent from the Prophet Muhammad.”190 French support continued after the election of Nicolas Sarkozy in 2007 with him proclaiming that “‘France will stand shoulder to shoulder’ with Morocco on the question of Western Sahara.” 191 France’s economic support for Morocco, in spite of its actions in the territory, has amply illustrated this proclamation. Today, France is the biggest investor in Morocco, ahead of both the United Arab Emirates (UAE) and Singapore.192 In 2013, Morocco’s secondary exporter was France at 12.9 percent, following Spain as the first at 13.5 percent.193 Morocco’s primary importer was France at 21.4 percent, followed by Spain at 18.9 percent.194 In sum, Morocco has continued to benefit greatly from its economic relationship with France despite allegations of human rights violations. Historically, French support for Morocco had its ups and downs but, like the Americans, the French have 188 Ibid. Wikileaks, “Polisario Ambassador urges U.S. ‘Gesture’ following Prisoner Release,” 11 September 2005, 05ALGIERS1910. 190 Ibid. 191 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 79. 192 “Maroc,” France Diplomatie: Ministère des Affaires Étrangères et du Développement International, http://www.diplomatie.gouv.fr/fr/politique-etrangere-de-la-france/diplomatie-economique-et-commerce-exterieur/lafrance-et-ses-partenaires-economiques-pays-par-pays/afrique-du-nord-moyen-orient/article/maroc-114207. 193 Ibid. 194 Ibid. 189 38 maintained very strong ties with the monarchy, allowing it to continue its illegal actions in the Western Sahara. Throughout the 1950s, the French were concerned about rising rebellions amongst its colonial possessions in Africa. This led to France’s decision to fight with the Spanish against the Sahrawis in Western Sahara to maintain overall stability in the region.195 This “solidarity of the colonizers” laid the groundwork for the formation of the French narrative of the conflict. Throughout the 1960s and 1970s, France was cautious in order not to disturb its relationship with Algeria and Morocco. By doing this, the French attempted to maintain somewhat of a balanced approach to the conflict.196 Most importantly, France prioritized its ability to take advantage of the region’s natural gas, petrol, and minerals. After the Green March and the withdrawal of the Spanish, France’s position on the conflict remained supposedly “neutral.”197 According to Olivier Quarante, during the 1970s, the French position on the dispute centered on three elements: the nonexistence of the Sahrawi people, the devaluation of the idea of Sahrawi self-determination, and the legitimacy of the Moroccan decision to unilaterally annex the territory in 1975.198 The combination of these three elements and, as discussed above, the position of President Giscard d’Estaing (1974-1981) against an independent Western Sahara, contributed to the French rhetoric of neutrality during this period. After the election of François Mitterrand in 1981, FrenchMoroccan relations weakened. Mitterrand supported self-determination for the Sahrawis, even going so far as to meet with the Polisario.199 However, as mentioned above, French military aid for Olivier Quarante, “Le Rôle de la France: Une Fausse Neutralité,” Nouvelles du Sahara, April 27, 2015, http://www.nouvellesdusahara.fr/role-de-la-france-une-fausse-neutralite/. For a more in-depth analysis, see Olivier Quarante, “Le Rôle de la France,” in Lutter au Sahara: Du Colonialisme vers l'Indépendance au Sahara Occidental, ed. Denis Vericel (Paris: APSO, 2015). 196 Ibid. 197 Ibid. 198 Ibid. 199 Ibid. 195 39 Morocco still increased during his presidency, illustrating the strength of the ties between the two countries were. The relationship between the two states improved under both Jacques Chirac and Nicolas Sarkozy. François Hollande, the current president, has explicitly assured King Mohammed VI of France’s support of the monarchy in the conflict, continuing the tradition.200 A number of French officials, like their American counterparts, have stated that autonomy is the only possible option for the Western Sahara.201 Also similar to the American position, the French have emphasized the importance of compliance with international law, but show little desire in upholding it in the Western Sahara by confronting the Moroccan government about its actions in the territory. Sometimes, when one of Morocco’s allies pressures it to take a certain action, Moroccan officials use diplomatic leverage on the other ally to continue holding its position. For example, when the U.S. pressured Morocco about allowing the inclusion of a human rights monitoring mechanism in MINURSO, the monarchy turned to France to pressure American diplomats to withdraw the proposition.202 The combination of a strong political and economic relationship and complementary narratives has contributed to the lack of resolution of the conflict, as well as the Moroccan state’s failure to uphold human rights in the Western Sahara. Since 2001, the American and French rhetoric concerning the Western Sahara has changed slightly, focusing more closely on the effects of terrorism on the stability of the region. The War on Terror The 9/11 attacks served as a turning point in U.S.-Moroccan relations because they strengthened the relationship further and even led to the difficulty of implementing a referendum to 200 Ibid. Ibid. 202 Ibid. 201 40 resolve the Western Sahara dispute.203 One of the U.S.’s policies that dealt directly with combatting terrorism in the region was the Pan-Sahel Initiative (PSI). This initiative, started in 2004, was initially meant to securitize the borders of weak African states such as Chad, Niger, Mali, and Mauritania.204 In 2006, the U.S. not only increased the PSI’s budget, but also expanded the number of states in it to include Morocco and Algeria. The PSI was also renamed the “Trans-Saharan Counter Terrorism Initiative/Partnership.”205 As Zunes and Mundy emphasize, an independent Western Sahara was not a threat to U.S. interests in the region, but rather “a threat in and of itself” because of the growing fear that a new, independent Western Sahara would be too weak to control terrorist cells from appearing.206 The concern of the territory becoming an Al-Qaeda base for recruitment is what has contributed to both French and American attempts to strengthen their relationships with Morocco. This is especially a source of concern for France and Europe as a whole because many of the Al-Qaeda recruits come from North Africa or from suburbs of large European cities.207 The terrorist attacks that took place on May 16, 2003 in Casablanca, which some claim were perpetrated in response to Morocco’s close ties with the U.S., further contributed to the Americans seeing Morocco as a crucial ally against the rise of terrorism in North Africa.208 As mentioned above, in 2008, George W. Bush voiced support for autonomy for Western Sahara within Morocco For an insight into the broader context concerning the “war on terror” and a discussion on how U.S. foreign policy was affected, see James K. Oliver, “US Foreign Policy after 9/11: Context and Prospect,” in The War on Terror in Comparative Perspective: US Security and Foreign Policy after 9/11, eds. Mark J. Miller and Boyka Stefanova, 19-45, (New York: Palgrave Macmillan, 2007). 204 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 74. 205 Ibid. 206 Ibid. 207 Yahia H. Zoubir, “American Policy in the Maghreb: The Conquest of a New Region?” Real Instituto Elcano, no. 13 (2006): 9. 208 A series of suicide bombings that killed forty-one (including ten suicide bombers) and injured one hundred. See Elaine Sciolino, “Suicide Bombs Kill Dozens in Casablanca,” The New York Times, May 17, 2003, http://www.nytimes.com/2003/05/17/international/worldspecial2/17CND-CASA.html. 203 41 as the only option because of the uncertainty concerning how strong an independent state administered by the Polisario could be.209 An interesting point that Zunes and Mundy make as well is that the U.S.’s actions throughout the Western Sahara conflict were very similar to its actions during the Cold War when it created the “Safari Club,” a group of Middle Eastern states that included Morocco to uphold U.S. interests in the region and ensure that any Soviet influence was stifled.210 This “outsourcing” strategy was chosen by the U.S. as a way to get other countries in regions of concern to uphold its interests without direct intervention.211 In effect, these strategies illustrate that the U.S. was cautious and concerned about developments in the region, which contributed to the lack of progress in resolving the conflict. Some other issues concerning the development of an independent Western Sahara are related to the developments over the last few years in the Sahrawi nationalist movement. For example, some Sahrawis, especially the youth, have lost hope in the UN-sponsored peace process and see violence as a viable option. This is evident in the rise in levels of violence between Sahrawis and Moroccans living in the territory. These “intergroup conflicts” illustrate how Morocco cannot continue to maintain its control over the territory.212 Additionally, the U.S.’s support for Morocco, specifically its rejection of the implementation of human rights monitoring, has waned.213 Even France has been pressuring Morocco to allow the inclusion of a human rights mechanism in MINURSO. However, this pressure has not been sufficient to end the monarchy’s human rights violations against Sahrawis as both countries have merely condemned Morocco verbally.214 Considering the weak condemnation of the Moroccan government’s actions in Western Sahara by the U.S. and France despite the rise of 209 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 74. Ibid., 72. 211 Ibid. 212 Boukhars, “Dynamics of Intergroup Conflicts in the Western Sahara,” 187-208. 213 Khakee, “The MINURSO Mandate, Human Rights and the Autonomy Solution for Western Sahara,” 457. 214 Ibid., 457-8. 210 42 violence and intergroup conflict since 2011, it is evident that the two states view a violent, independent Western Sahara as more perilous to their interests than a violent Western Sahara that remains a part of Morocco. 215 There is also concern that this violence could lead to radicalism. This could be a possible choice, especially amongst elements found in the Sahrawi independence movement who do not agree with pursuing a more peaceful path toward resolution.216 This is even more worrying considering the presence of drug trafficking and smuggling in the region, with some evidence of Sahrawi cooperation and the presence of Al-Qaeda in the region, known officially as Al-Qaeda in the Islamic Maghreb (AQIM).217 By extension, the fact that the Sahrawi self-determination movement has split into those who are willing to continue negotiations and those who see the use of force and going back to war as the only option, makes it difficult for the U.S. and other states to see the viability of a Western Saharan state. However, at the same time, this violence exists and even terrorist attacks could occur in a Western Sahara governed by the monarchy, showing the dilemma all three states face. The viability of an independent state is not supported by Morocco, the U.S. and France, but maintaining their positions against the Sahrawis’ wishes can also still lead to the same issues they fear might occur under an independent Western Sahara. Another issue is the fear of destabilization in Morocco and across the wider region if the Western Sahara were given independence due to its importance to the Moroccan monarchy, which sees the territory as an indivisible part of Morocco.218 The monarchy’s grasp on the territory has Boukhars, “Dynamics of Intergroup Conflicts in the Western Sahara,” 189-190. Ibid., 187, 189. Also see Anouar Boukhars, “Simmering Discontent in the Western Sahara,” in Perilous Desert Insecurity in the Sahara, eds. Frederic M. Wehrey and Anouar Boukhars, 165-184, (Washington, D.C.: Carnegie Endowment for International Peace, 2013). 217 Khadija Mohsen-Finan, “Western Sahara: A Conflict on the Fringes of New Regional Dynamics,” in Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, 292. 218 Ammour, “À Qui Profite le Gel du Conflit du Sahara Occidental?” 2. 215 216 43 been institutionalized into the Moroccan ideology of “God, the nation, the king” (Allah, al-Watan, al-Maleek), and letting go of the territory is definitely seen by many in the Moroccan government as destroying Morocco’s territorial integrity, which is an integral part of the monarchy’s claim to legitimacy. The U.S. is concerned about the emergence of terrorist cells or connections with Al-Qaeda in the region and would not favor its closest ally in North Africa losing control over its territory and legitimacy. In addition to the government’s vision, King Hassan’s specialized discourse on the Western Sahara and the Green March of 1975 has led to the Moroccan people continuing to support the monarchy’s vision of the Western Sahara as an indisputable part of Morocco. If the Western Sahara were seen as being “given up” by the state, the Moroccan populace’s support for the monarchy would deteriorate. These views of the situation have shaped Morocco’s narrative of the conflict and its evolution depending on the political situation. Morocco: The Power of Narrative and Myth The Moroccan monarchy’s narrative of the situation is dependent on the principle of “existentiality,” not expansion.219 The territory is seen as an integral part of Morocco and was understood as being a colonial possession, just like the other pieces of land that were returned to the state after independence. This is how the territory is spoken about by the elite (makhzen) and the Moroccan populace. This understanding of the territory is what has made it especially difficult for the Moroccan government to consider diverging from its narrative. This forms the “central pillar” of the makhzen’s view of the conflict, which then branches out into different strategies depending on the political situation the government finds itself in. Throughout different periods, Morocco has utilized 219 Zartman, “Morocco’s Saharan Policy,” 55. 44 three different strategies to realize its objectives: aggressive claiming, defensive confirming, and offensive bargaining.220 The Western Sahara differs from the other colonial possessions that were returned to Morocco after independence because it was a contested area with no clear indication as to who controlled it.221 This meant that the government had to find a way to claim it, not only to uphold its goals and principles, but also to gain legitimacy on the world stage. The monarchy went about aggressively pursuing its vision of the territory for approximately two decades, from the country’s independence in 1956 until Spain’s withdrawal from the territory in 1975.222 As discussed above, by 1975, King Hassan II had decided to enter the Western Sahara and declare it as Moroccan according to his interpretation of the ICJ’s ruling, ignoring the international community’s disapproval.223 The Green March was not just about claiming legitimacy. It was the first time that Moroccans were directly involved in the monarchy’s narrative on the Western Sahara and in carrying out a part of the “myth” of Greater Morocco. When it comes to human rights, upholding the myth becomes paramount and the monarchy would do anything to maintain it and protect its legitimacy. The myth is necessary “‘to justify the power and policies of the ruling coalition,’” including human rights violations.224 The Green March was Hassan’s brainchild. His explanation of the idea and how it came to him is also a part of the myth and helps illustrate his own conviction in the Moroccanness of the Western Sahara.225 As noted above, this idea of reasserting control over the Western Sahara had its roots in the independence movement and was advocated for by its main leader, Allal Al-Fassi. This myth was passed to the 220 Ibid., 55-6. Ibid., 56. 222 Ibid. 223 Ibid. 224 Sonia Cardenas, “Norm Collision: Explaining the Effects of International Human Rights Pressure on State Behavior,” International Studies Review 6, no. 2 (June 2004): 223. 225 King Hassan II and Eric Laurent, La Mémoire d'un Roi, 190-1. 221 45 monarchy with King Mohammed V and continued through Hassan and King Mohammed VI. In a sense, the idea or myth has become embodied in the monarch himself, who Moroccans see as the defender of their Sahara. This view is further substantiated by the idea that Hassan promoted of being the Sharifian monarch and Commander of the Faithful whose word is final. Anyone who denies the Moroccanness of the Western Sahara and, by extension, crosses the monarch, deserves to be subjected to repression. As Hassan himself said, “human rights stop at the question of the Moroccanness of the Sahara” and “anyone claiming that the Sahara is not Moroccan cannot benefit from human rights.”226 He said this in response to the arrest of Abraham Serfaty, a Moroccan journalist who had spoken out against the occupation of the Western Sahara. Today, this holds true for many Sahrawis living in the territory, as was discussed in the section on Morocco’s human rights violations. Since Hassan, the Moroccan people have taken it upon themselves to fight any calls for independence and have assimilated this vision of the Western Sahara without much second thought. During the war with the Polisario, the pressure of upholding this idea of the Western Sahara was seen as so important that the Moroccan government denied not only casualties, but even Moroccan prisoners of war (POWs) captured by the Polisario until years later.227 Defensive confirming was conducted after the annexation of the territory and consisted of maintaining a strong military presence, spending significant sums on developing the inhospitable environment of the Sahara, and trying to maintain diplomatic ties with the American and French governments.228 During this period, the government also tried to influence the referendum process by giving Moroccans incentives to move to the Western Sahara such as high salaries. Finan argues that this was part of an attempt by the Moroccan government to encourage mixing amongst the two 226 Ibid., 293. Shelley, Endgame in the Western Sahara, 56. 228 Ibid., 61-2. 227 46 populations, Moroccan and Sahrawi, in order to reduce the Sahrawis to a minority and, over time, erase their identity.229 This “‘Moroccanization’” is also used to portray a “seamless integration” of the Western Sahara with Morocco.230 Offensive bargaining began once King Mohammed VI ascended to the throne and mainly consists of using diplomatic leverage through various methods, especially “world tours.”231 According to a 2006 commentary by the U.S. embassy in Rabat, Morocco had sent delegates to numerous countries such as the United Kingdom, Peru, Argentina, China, Ghana, Russia, and the Democratic Congo.232 These tours had several goals: garner support for the Western Sahara, try to reduce support for the SADR, especially by African and South American countries, and ensure lessened pressure on issues related to the human rights situation such as the addition of a human rights mechanism to MINURSO. Other 2006 diplomatic cables, containing discussions between Sahrawis who work for the Moroccan government in the Western Sahara and American officials, illustrate both the intricacies of Morocco’s narrative and American support for it.233 Rachid Rguibi, then Ministry of Interior governor in the territory, reiterated the monarchy’s support for autonomy, characterizing independence for the territory as an “‘unthinkable’” option for the monarchy. 234 Rguibi also appealed to American concerns about terrorism, saying that the Moroccan government wanted to “ward off potential terrorism emanating from the Sahel region.”235 Matching the monarchy’s understanding of the dispute, Rguibi also emphasized the importance of Algeria, asking whether Mohsen-Finan, “Sahara Occidental: Divergences Profondes Autour d’un Mode de Règlement,” 9. Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 158. 231 Zartman, “Morocco’s Saharan Policy,” 66-8. 232 Wikileaks, “Moroccan Road Show on Western Sahara Resolution fans out Around the Globe,” 20 October 2006, 06RABAT1979. 233 There are Sahrawis within the Western Sahara who support integration and work for the Moroccan government. 234 Wikileaks, “Western Sahara: Preparing the GOM for Autonomy and Negotiations with the Polisario,” 2 March 2006, 06RABAT389. 235 Ibid. 229 230 47 “Algeria [was] ready for a definitive political solution to the conflict,” not referring to the Polisario as the main entity with which to negotiate.236 He went as far as to say that “a militarized Polisario was a threat to Morocco” even though the Sahrawi population is very small compared to Morocco’s and the front has little, high quality military equipment.237 He also commented on the demonstrations that Sahrawis have held calling for self-determination, describing them as provocative.238 Throughout the cable, autonomy is repeated as the only option for the Western Sahara, which directly undermines the Polisario’s call for self-determination and independence. In another 2006 diplomatic cable containing a discussion between U.S. ambassador to Morocco at the time, Thomas T. Riley, and Khalihenna Ould Er-Rachid, President of the Royal Council for Saharan Affairs (CORCAS), similar comments are made. Rachid said that CORCAS was willing to negotiate with the Polisario, but “‘independence’ is off the table.”239 These views are still held to this day, demonstrating the durability of both the Moroccan narrative and U.S. support for the monarchy in the dispute. In addition to these strategies and understandings, it is evident that King Hassan II has had a lasting effect on the narrative that all Moroccans have absorbed concerning the Western Sahara. He, and his son since 1999, emphasized referring to the Sahrawis as their “brothers” and to the refugees in Tindouf as being held “captive” by the Polisario.240 Dissenting Sahrawis or anyone calling for the independence of the Western Sahara are called “traitors.”241 This type of narrative was initially utilized by King Hassan II in the weeks leading up to the Green March and, as will be illustrated below, his son has espoused a similar attitude since coming to power. Similar views were also 236 Ibid. Ibid. 238 Ibid. 239 Wikileaks, “Western Sahara: CORCAS seeks U.S. Mediation with Polisario,” 6 June 2006, 06RABAT1087. 240 Quarante, “Le Rôle de la France.” 241 Ibid. 237 48 expressed by French journalists covering the Green March. For example, François Ponchelet praised the march, calling it “legitimate” and “noble.”242 It is therefore not surprising that a Sahrawi fighter told Olivier Quarante that France was “the Sahrawis’ second enemy, after Morocco.”243 In his speech on the thirty-ninth anniversary of the Green March in November 2014, King Mohammed VI reiterated the monarchy’s view of the Western Sahara emphasizing that all Moroccans, no matter their background, including Sahrawis, are united. He also referred to the Western Sahara as “our southern provinces,” rejecting any characterization of the territory as anything else.244 In this speech, he repeated the monarchy’s stance on the dispute stressing the viability of granting autonomy to the Western Sahara within Moroccan sovereignty.245 He added that “the Sahara is a matter of existence and not a matter of borders...Morocco will remain in its Sahara, and the Sahara will remain in its Morocco until the end of time.”246 He went on to list the Moroccan government’s investments in the territory and noted that human development is at a higher rate there than in Morocco, a response to accusations that Morocco was exploiting the Western Sahara’s natural resources.247 A 2009 diplomatic cable from the U.S. Embassy in Rabat includes an observation that “the Government of Morocco (GOM) has invested tremendous resources in the territory…the level of development and of social services clearly exceeds the level in Morocco proper.”248 Mohammed also claimed that there was a “dramatization of events in the southern provinces” and silence on what goes in Tindouf and neighboring countries. He is most likely referring to the human rights situation, claiming that there is 242 Ibid. Ibid. 244 King Mohammed VI, “SM le Roi Adresse un Discours à La Nation à l’Occasion du 39ème Anniversaire de la Marche Verte (Texte Intégral),” Agence Marocaine de Presse (MAP), November 06, 2014, http://www.mapnews.ma/fr/discours-messages-sm-le-roi/sm-le-roi-adresse-un-discours-la-nation-l’occasion-du-39eanniversaire-d. 245 Ibid. 246 Ibid. 247 Ibid. 248 Wikileaks, “Western Sahara Realities,” 17 August 2009, 09RABAT706. 243 49 too much attention on the actions of Moroccan police in the Western Sahara than on the Polisario’s actions in the camps.249 This illustrates how the monarchy is quite adamant about admitting its mistakes and focuses on blaming the other side. The rhetoric of Sahrawis being Moroccans is repeated once again when the king says he “negotiated with Moroccans in Tindouf” when he was crown prince. The monarch’s rejection of the Polisario and the Sahrawi cause is also evident through his reference to the Polisario as a separatist movement and to Algeria as the main actor in the dispute.250 In his speech commemorating the fortieth anniversary of the Green March in November 2015, broadcasted live from Laayoune, King Mohammed VI reiterated the same arguments about the Moroccanness of the Western Sahara, highlighting the social and economic projects that the government was planning to improve the livelihoods of the “sons of the Sahara.”251 When he first took the throne in 1999, the king had made it his goal to end the conflict, but his emphasis on autonomy and nothing else as well as his rejection of the Polisario and the entire Sahrawi movement has made reaching this goal difficult thus far. The Moroccan narrative has evolved over the duration of Western Sahara conflict, but its basic principles—that the territory is an inseparable part of Morocco, that the Sahrawis are just Moroccans, and that the Polisario is illegitimate—have remained the same. The Polisario: Nationalism, Democracy, and Women’s Rights As discussed briefly earlier, the Polisario was founded in 1973 by a group of Sahrawis who were against being ruled by Spain, Mauritania, or Morocco. In 1976, after the Spanish left, the Sahrawis King Mohammed VI, “SM le Roi Adresse un Discours à la Nation à l’Occasion du 39ème Anniversaire de la Marche Verte (Texte Intégral).” 250 Ibid. 251 King Mohammed VI, “SM le Roi Adresse un Discours à la Nation à l’Occasion du 40ème Anniversaire de la Marche Verte (Texte Intégral),” Agence Marocaine de Presse (MAP), November 06, 2015, http://www.mapnews.ma/fr/discours-messages-sm-le-roi/sm-le-roi-adresse-un-discours-la-nation-loccasion-du-40eme-anniversaire. 249 50 instituted the SADR to fill the political vacuum. From this time through the 1990s, the war that ensued between the front, Morocco, and Mauritania led to thousands of Sahrawis fleeing to neighboring Algeria, where 165,000 still live in four refugee camps near the city of Tindouf.252 The Polisario/SADR administers these camps, where the core of the front’s nationalist narrative is articulated and propagated.253 Additionally, the SADR considers itself “not as a government in exile,” but “an independent state under illegal occupation.”254 This distinction is important because it shows that the Sahrawi narrative is very much rooted in the idea of return to the Western Sahara, which means having to shape the narrative to convince the international community of the viability of a Sahrawi state and to keep Sahrawis, east and west of the berm, united in the nationalist cause. The Polisario’s narrative started with a call for independence from the Spanish. Later, after Spain had ceded the territory, the front continued its struggle against Morocco. Knowing that it could not succeed against Morocco militarily, the Polisario focused on forging close ties with other states, mostly in Africa and South America.255 The Sahrawis had to fight at the diplomatic level against the Moroccan, American, and French narratives. For example, the monarchy, especially at the beginning of the conflict, refused to recognize the Polisario as a separate entity that it was fighting against, claiming that it consisted of “proxies for the Algerian government seeking to claim the Western Sahara for itself.”256 Since the front had little military success, especially after Morocco built the berm/sand wall in the 1980s, and depended on diplomatic support and recognition from other countries, it was much more sensitive to these types of accusations. UNHCR: The UN Refugee Agency, “2015 UNHCR Country Operations Profile: Algeria,” UNHCR, 2015, http://www.unhcr.org/pages/49e485e16.html. 253 Because the Polisario and the SADR have overlapping roles and many officials are part of both entities (Mohamed Abdelaziz is President of the SADR and secretary-general of the Polisario), it was seen as necessary to refer to both at once as “Polisario/SADR” in the following discussion. 254 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 123. 255 Stephen J. King, “The Emergence and Politics of the Polisario Front,” in Perspectives on Western Sahara: Myths, Nationalisms, and Geopolitics, 71. 256 Ibid., 78. 252 51 To prove the front was worthy of recognition, it had to fight notions that it lacked popular legitimacy or was dependent on any one state. The main way the Polisario did this was by forming an elaborate governmental structure in the camps in Algeria, complete with regular elections.257 The Polisario focused on forming a Sahrawi government within these camps that could prove to the international community that an independent Western Sahara governed by the front would not be a threat to the region’s stability. Zunes’ 1987 article on the Polisario demonstrates that the front began with a decentralized system and that decision-making was done from the base rather than the top.258 Zunes also noted that there were few pictures of party leaders and that “no official gets any salary or special treatment.”259 He reports observing no division between the younger and older generations, which might have been true then, but has changed today.260 During this time as well, the Polisario had a large constituency, with a majority of the Sahrawi people supporting the nationalist cause. 261 However, as will be shown below, this support has decreased in recent years. King Hassan II’s encouragement of the Sahrawis to return to their “Moroccan homeland” (la patrie) contributed to the Polisario’s credibility weakening during the 1980s and 1990s as numerous high-level officials from the front defected to Morocco.262 Over time, the Polisario’s narrative expanded from its focus being mainly on nationalism and self-determination to trying to promote a democratic, “Western” image as a way to survive. Since the early 2000s, the Polisario’s narrative has focused even more on promoting an image of democracy and uniformity within the Sahrawi movement. However, the Twelfth General Ibid., 78-9; Also see Zunes and Mundy, “Expressions of Nationalism,” in Western Sahara: War, Nationalism, and Conflict, Irresolution, 128-130. 258 Stephen Zunes, “Nationalism and Non-Alignment: The Non-Ideology of the Polisario Front,” Africa Today 34, no. 3 (1987): 38. 259 Ibid., 39. 260 Ibid., 40. 261 Ibid., 41. 262 King, “The Emergence and Politics of the Polisario Front,” 79-80. 257 52 Popular Congress (GPC) held in 2007, showed that this uniformity was not very realistic.263 The rise of a militant organization calling for a return to national struggle within the camps called Khat asShahid (Path of the Martyr) illustrates that not all Sahrawis agree with the Polisario, as was seen during the 1980s and that there are Sahrawis who believe in going back to armed struggle to realize their goals.264 Interestingly, even though Khat as-Shahid accused the Polisario of corruption, clientalism, and tribalism, it still did not label itself as an opposition movement, possibly trying to avoid being shut down by the front.265 The group has, however, threatened to break from the Polisario if its demands were not met, demonstrating the complications that exist within the Polisario’s narrative and the Sahrawi nationalist movement.266 The issue of tribalism amongst Sahrawis does not only exist in the refugee camps, but also within the Western Sahara itself. According to a 2009 diplomatic cable containing a discussion between U.S. officials and a Sahrawi activist, Saleh el-Bachra, there was a riot amongst Sahrawis in the Western Sahara after the successful election of a governor who did not come from a dominant Sahrawi tribe.267 This issue of tribalism has been a contentious one for the Polisario because it clashes with its claims that Sahrawis are egalitarian and democratic.268 In sum, while the Polisario’s narrative has a divided constituency, Morocco’s narrative on the Western Sahara is seen as valid by most Moroccans and even some Sahrawis living in the territory. Recently, in a speech during the Fourteenth Congress of the Polisario Front on December 16, 2015, President of the SADR and secretary-general of the Polisario, Mohamed Abdelaziz Madeline Otis Campbell, “Dissenting Participation: Unofficial Politics in the 2007 Saharawi General Congress,” The Journal of North African Studies 15, no. 4 (2010): 574. 264 Ibid. 265 Ibid., 576-7. 266 Ibid., 577. 267 Wikileaks, “Western Sahara: Activist confirms Human Rights Improvements, Notes Political Evolution,” 8 July 2009, 09RABAT584. 268 Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 118-9. 263 53 condemned the UN for the lack of progress on holding the referendum and called on the international community to “put an end to Morocco’s obstructionism and procrastination for the sake of peace, security, and stability in the region.”269 Abdelaziz went on to reiterate that the Sahrawis are unified in their struggle for independence and asserted that the Polisario had garnered worldwide recognition for the nationalist cause.270 He also emphasized the importance of education, women’s rights, and democracy, all core pillars of the Sahrawi nationalist movement.271 He called on all Sahrawis to continue the struggle against Moroccan occupation, saying that the younger and older generations of Sahrawis may believe in pursuing different forms of resistance, but that “their message is identical in substance.”272 As demonstrated, the Sahrawi narrative focuses very closely on emphasizing unity and democracy, as well as seeing Morocco’s narrative as a direct threat to the Sahrawi goal of self-determination. However, as will be seen, this narrative has not been as unifying as Abdelaziz claims. Qasmiyeh argues that the Polisario has used Sahrawi women and discourse on female empowerment within the Sahrawi refugee camps in Algeria to garner political and diplomatic support for the Sahrawi nationalist cause. The use of the portrayal of Sahrawi women as “empowered and liberated” helps substantiate further the Polisario’s narrative, which emphasizes democracy.273 This narrative is also used to portray the Sahrawi people as distinct from other Arabs and Muslims in the wider region. This discourse that portrays the Sahrawi woman as unique, free, and unlike her neighboring Arab and Muslim sisters is used as part of the Polisario’s “‘politics of Mohamed Abdelaziz, “President’s Address to the 14th Congress of POLISARIO Front,” Sahrawi Mission in Ethiopia, December 17, 2015, http://www.sadr-emb-au.net/presidents-adress-to-the-14th-congress-of-polisariofront/. 270 Ibid. 271 Ibid. 272 Ibid. 273 Fiddian-Qasmiyeh, The Ideal Refugees, 7. 269 54 survival.’”274 In other words, in order to get the political and humanitarian aid needed to survive and continue fighting for the nationalist cause, the Polisario has had to portray a certain image that matches more with Western expectations of democracy, women’s rights, open-mindedness, even hiding their religion because of the negative views of the media towards Islam.275 The attempt to hide the fact that Sahrawis are Muslim is significant because it illustrates that the Polisario/SADR is aware of the American and European views of a Sahrawi state being unviable and their distrust of such a state being able to effectively counter terrorism in the region. This is also interesting considering that article two in the SADR’s constitution asserts that “Islam is the religion of the state and the source of law.”276 Qasmiyeh even highlights, through her interviews with Polisario/SADR officials and Sahrawi youth studying in other countries, how the narrative about nationalism and women’s rights is consistent amongst the different parts of Sahrawi society, illustrating its roots in the official discourse.277 However, the “truth” of this image like the “truth” of the Moroccan Sahara is not grounded in fact and shows how each side promotes a certain myth or ideal to promote its cause. In Morocco’s case, its myth of the Sahara being Moroccan has a larger constituency while the Sahrawi myth of democracy and women’s rights has caused a schism between the Sahrawi people and their representatives in the Polisario and SADR.278 This schism along with other issues with the Polisario/SADR’s narrative such as having the same president since 1976, which is not seen as democratic, especially by the Sahrawi youths living in the camps, illustrates how the Polisario’s 274 Ibid., 12. Ibid., 126. 276 The Sahrawi Arab Democratic Republic (SADR), “Constitution de la RASD (The Constitution of the SADR),” Association de Soutien à un Référendum Libre et Régulier au Sahara Occidental (ARSO), http://www.arso.org/03const.99.htm. 277 Ibid., 126-131. 278 Ibid., 81, 202-3, 219, 263. 275 55 narrative has not been able to truly include what the majority of Sahrawi people desire.279 Changing circumstances in the refugee camps has also led to the development of socioeconomic differences between Sahrawis, further compromising the Polisario’s vision of unity.280 Today, the Sahrawi narrative is changing, partly due to the increasing differences between the younger and older generations. The senior members of the front still remember the nationalist movement and fought in the war while the young are disillusioned with the Sahrawi struggle. While the older generations may believe in fighting back peacefully, the younger generations are less inclined to follow their lead. The youth has different experiences compared to older Polisario members. Sahrawi youths in the camps, whom Qasmiyeh interviewed, had many suggestions about changes they would like to see the Polisario/SADR implement such as “intergenerational communication.”281 Qasmiyeh also demonstrated through her research that the older Sahrawis (especially women) were much more active in projects in the camps while the youth (young women and men) were quite marginalized.282 This poses a threat to the Polisario’s narrative because it can lead to the youth resorting to other means to promote the cause, which could hurt the Polisario/SADR’s strategy of “politics of survival.” Finan posits that these youths are comparable to the jobless graduates in Morocco proper, except that the former can pressure the monarchy more effectively using the language of “self-determination,” which can still attract the international community to their cause.283 The young Sahrawis who protest and burn the Moroccan flag could shape a different narrative, separate from the Polisario’s, capable of garnering even more attention and support. However, for the time being, the Polisario’s narrative has not been able to effectively counter those of Morocco, the U.S., and France. Campbell, “Dissenting Participation,” 577. Zunes and Mundy, Western Sahara: War, Nationalism, and Conflict Irresolution, 136. 281 Fiddian-Qasmiyeh, The Ideal Refugees, 243. 282 Ibid., 232-3, 241-247. 283 Mohsen-Finan, “Sahara Occidental: Divergences Profondes Autour d’un Mode de Règlement,” 11. 279 280 56 Conclusion Morocco’s narrative and strategies combined with strong support by the U.S. and France as well as their complementary narratives have allowed the monarchy to continue committing human rights violations in the Western Sahara to this day. These complementary narratives and strong alliances have also undermined the Polisario’s core nationalist discourse. The Polisario’s narrative has not matched the Moroccan narrative’s success due to many reasons, but the differences in the narratives themselves have certainly played a role. The Moroccan narrative revolves around the monarch himself, as Sharifian and Commander of the Faithful, which has contributed to its widespread acceptance and popularity among most Moroccans. The Polisario’s narrative, on the other hand, is not as consistent nor does it have as large of a constituency. As discussed above, there are many divisions that have threatened the Sahrawi nationalist narrative, especially between the youth and the older generations and between the core authority of the Polisario itself and the Sahrawi people as a whole. The imbedded belief in the Moroccanness of the Western Sahara has led to the monarchy formulating a myth that most Moroccans have absorbed since 1975. This myth has made it impossible for the monarchy to give up its claim to the territory due to its fear of losing its own legitimacy in the eyes of the people. The myth has also been used as justification to commit human rights violations in the territory. It is seen, in a way, as protecting the very sovereignty of Morocco. When the Moroccan police and settlers torture, harass, and beat Sahrawis calling for the independence of the Western Sahara, it is because the Sahrawi narrative that denies the Moroccanness of the Western Sahara is seen as a threat, a danger to the monarchy itself. The myth has allowed human rights violations to continue because the Moroccan government has used it as justification to act with impunity in the Western Sahara. The Moroccan narrative is seen as fact and 57 any questioning of it is seen as wrong. Combined with his powerful myth are the support of the U.S. and France and the silence of the rest of the international community. Morocco’s support by the U.S. and France due to their strategic interests has led to the undermining of human rights norms, illustrating how, as Finnemore argued, norms are connected to other developments in the international arena which can lead to even universal ones, like human rights, being sidetracked.284 In addition to the lack of action by Morocco’s main allies, the UN has also been unable to fully support the Sahrawis illustrating what Forsythe argues about international organizations being unable to initiate changes and uphold human rights norms without the action of the states making up these organizations.285 In addition, as Donnelly argues, and the Western Saharan case demonstrates, the universality of human rights norms does not specify enforcement.286 Since 1975, Morocco has benefitted from its alliances with the U.S. and France by receiving the military and diplomatic support that helped it subdue the Polisario. Morocco’s ties with the two states have continued to expand throughout the 2000s as shown by increased economic cooperation in spite of continuing human rights violations in the Western Sahara. The multinational cooperation in the war on terror, mainly due to the U.S.’s fear of terrorist links or cells developing in an independent Western Sahara, has contributed to the fortification of these alliances. This cooperation, bolstered alliances, and competing as well as complementary narratives of the conflict have helped fortify Morocco’s position vis-à-vis the Polisario. The gaps that exist in the upholding of international human rights law have also played a major role in the ability of the U.S. and France to support Morocco in spite of its well-known violations in the Western Sahara. Finnemore, “Changing Norms of Humanitarian Intervention,” 57. Forsythe, Human Rights in International Relations. 286 Donnelly, “The Relative Universality of Human Rights,” 283. 284 285 58 Morocco has attempted to improve its human rights record and has gone as far as to allow human rights groups to operate in the Western Sahara. However, considering that violations continue, it has been largely unsuccessful. This is because its support by the U.S. and France, especially on the UNSC, has not given the monarchy any incentive to fully acknowledge and rectify its mistakes. For the Moroccan government to take any steps towards resolution, only its allies can apply significant pressure. While mostly adopting the language of human rights, Morocco has not adopted the practices that would end its violations in the Western Sahara. Considering the increase in the violent aspirations of Sahrawi youth, terrorism should not be seen as possible only in an independent Western Sahara, but also in an integrated Western Sahara mired by clashes between Moroccans and Sahrawis. This is the dilemma that all three countries will have to face. The power of competing narratives in the framing of the Western Sahara conflict illustrates the importance of examining them to thoroughly understand the dynamics of the dispute. The Moroccan view of the Western Sahara as an integral part of its territory and as a core piece of the monarchy’s legitimizing principle has strengthened its narrative compared to the Polisario’s narrative. While the Moroccan government’s narrative is concentrated in the monarchy itself, even in the monarch himself, the Polisario’s discourse on the dispute does not possess this type of legitimacy. The Polisario is plagued by divisions and inconsistencies. This was alluded to in the discussion on the differences between generations and how this has already shown signs of drastically changing the Sahrawi course of action in the future. Unlike Morocco, the Polisario’s narrative is not centralized or concentrated in a single person or entity, which has contributed to its weakness. In sum, the combination of strong alliances between Morocco, the U.S., and France, along with the events of 9/11 that caused the U.S. to launch the “war on terror,” have contributed to the 59 two countries’ complacency towards the status quo in the Western Sahara. The addition of more extensive economic relations between the three countries helped bolster the states’ unwillingness to solve the conflict. This lack of action, due to political, economic, and geostrategic interests, has also led to the Americans and the French remaining silent about Morocco’s human rights violations. However, as important as finding a political solution to the dispute is, pressure by the U.S. and France on Morocco or negotiations between the parties to the conflict is not enough. The Moroccan narrative’s power on the Moroccan populace currently does not mean that support for it cannot wane. A change that could truly lead to a solution and to the end of human rights violations in the territory may lie in the hands of Moroccans themselves. The monarchy has focused so much of its energy on ensuring that the Western Sahara remains a part of Morocco because of concerns about losing its legitimacy in the eyes of the Moroccan people. The biggest threat to the monarchy would be if Moroccans were to join with the Sahrawis, being attracted to their democratic ideals in place of remaining under the Moroccan absolutist monarchy. Whether this could ever occur is questionable, but it is an interesting possibility to consider and that deserves further examination. 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