Across the Sahel, young people are restless. So are soldiers. The region is in the grip of an unprecedented wave of coups d’état that have followed each other within a short period of time: within a year or so, five coups d’état have successively rocked Mali, Chad, Guinea, and Burkina Faso in widespread unrest that risks destabilizing the entire region again.
Since the mid-1990s, coups had become exceptional events that occurred mainly during moments of perceived chaos, with the aim to disrupt the normal constitutional dispensation in order to restore order. Increasingly however, they occur as a form of political intervention designed to correct regular politics that has fallen into a permanent state of crisis and repression.
This moment is a historical shift but also a harbinger of an uncharted future. Not only are the recent coups not contested, but they are also seen as an opening into a new politics of liberation. They could signal a return to a long period of tumult, equally they could also be an opening for a different kind of politics.
The ongoing instability lays bare the accumulated effects of decades of aggressive neoliberal reforms that have eroded the social fabric, the growing significance of a politicized, young generation of Africans that do not share the same political culture as their elders, and the massive failure of the war against terror in the Sahel that has produced neither security nor stability. It also points to some of the ways in which fierce geopolitical battles are likely to wreak havoc in the African continent as Western hegemonic influences declines in the region.
In this long-read for roape.net, I want to argue that the present dilemma has to be seen as an inflection point in both the democratization and decolonization process in West Africa and Africa more generally.
A democratic impasse
One cannot fully make sense of the recent coups d’état in Africa without a full understanding of concomitant popular uprisings that have been occurring on a regular albeit sporadic manner in different parts of the continent. The common impulse, from Mali to Sudan, from Guinea to Burkina Faso is a desire for change, meaningful change.
The much celebrated constitutional order has been discredited in a context where constitutions are routinely violated, regulating mechanisms are often neutralized, and incumbent presidents consistently violate term-limits. For instance, Cote d’Ivoire’s President Alassane Ouattara and Guinea’s Alpha Condé both violated constitutionally locked term-limits to run for presidential elections. As the Nigerian writer Jibrin Ibrahim demonstrates, under the current nominal democracy, elected Presidents have also perpetrated coups of an electoral or constitutional nature. In Tunisia, the government of President Kaïs Saïed has taken a de facto authoritarian turn in July 2021. Through rule by decree, Saïed has tempered the constitutional and judicial structure and therefore neutralized any meaningful checks and balance.
In the 1990s, the demand for democratic opening was externally driven by development aid partners and Bretton Woods and other multilateral agencies. The democratic norm was being push through as African states were also being pressured to cut public expenditure in education, health and other social services. Yet the ongoing demand for democracy is internal in kind, it is a popular demand for a different kind of politics and a different kind of democratic participation and not a ‘performance’ on the basis of the Mo Ibrahim index or similar instruments.
Yet, overwhelming media attention of the military government’s standoff with the ‘international community’ muddies an understanding of very urgent crises that will not be resolved by another round of elections. As long as fundamental problems of economic sovereignty, of the state’s capacity to raise financial resources internally, to provide security and social services to its population are unresolved, rushing to elections will merely enable a change of guards to run the same derelict institutions. The democratic struggle is first and foremost a struggle for a political model that is responsive to people’s demands for basic public goods.
Popular uprisings are also an indictment of the failure of formal civil societies organizations that have either become too institutionalized if they are not entirely coopted by governments. Their ability to fully perform their responsibility as safeguards of people’s rights against state excesses has been hampered by an attachment to the orthodoxy of electoral liberalism. A major shortcoming has been its inability to harness into a cogent political project strident current popular demands for an alternative political order. The greatest insecurity that plagues Sahelian communities is linked to food security, and to limited human development.
It is clear to many careful observers of West African politics that something fundamentally different has been simmering over the past few years. The disconnect between governments and people has become more pronounced in the prolonged context of insecurity since 2012. The coronavirus pandemic has furthermore eroded public trust in governments’ ability to deliver public goods or foster greater democratic opening.
There is a question that lingers in everybody’s mind: has the specter of coups and countercoups returned to African politics? More specifically, is West Africa about to fall back into a vicious pattern of coups and countercoups without any seeming logic or order? The fear of a domino effect is real, and one cannot rule out the possibility of another elected government falling under another coup.
Linking coups and popular protests
The five most recent coups in Africa have been directly or indirectly prompted by popular protests of insurgent magnitude. This is significant.
Between April-August 2020, massive crowds gathered in Bamako and in major Malian cities to denounce endemic misrule, a series of corruption scandals involving specifically the purchase of military equipment amid insecurity across the country. The government of Ibrahim Boubacar Keita had also been marred by the accusation of massive fraud in the legislative elections of March 2020. Mali’s security situation had deteriorated drastically since 2015. The country fell into a state of chronic instability with burgeoning violence coming not only from jihadist forces, but also from government-backed militias and self-defense groups. Following months-long popular mobilization led by the M5 RFP coalition – the 5 June Mouvement and the Rally of Patriotic Forces – crowds literally escorted the military to the presidential palace. These are the circumstances that saw the takeover of the National Committee for the Salvation of the People (CNSP) military council.
In Burkina Faso, days of uninterrupted public protest preceded the putsch last year. On 14 November, 2021, the country experienced the most brutal attack on security forces. Fifty-three gendarmes were killed in Inata. The public later learned with dismay that the exhausted gendarmes had been without food and supplies for days and could not withstand the ambush. Inata eventually sealed the fate of the president Roch Kaboré. This wasn’t the first recent coup in Burkina Faso. In 2014, months-long street protests culminated into the resignation of 27 year-reigning Blaise Compaoré. Compaoré fled to Cote d’Ivoire where the Ouattara government offered a safe haven against demands for his extradition to Burkina Faso to face justice in the trial on the murder of Thomas Sankara. The military transition that ensued enabled the organization of relatively free elections for the first time in post-independence Burkina Faso.
Although every coup is different and responds to specific circumstances, the same causes can be said to have produced similar effects in both Burkina and Mali. Further, there are embedded historical inequities within armies themselves that mirror existing and widespread social inequities. Coups today may no longer be anchored in revolutionary nationalist or Pan-Africanist politics but some of them, like in Burkina Faso, articulate certain popular demands for social justice and democratic renewal. In the speeches of Paul-Henri Damiba – the interim president and coup leader – Sankara stands as an avatar of an aborted military-driven radical experiment. Army cadets are also politicized in a way that engraves the role of the military in ongoing struggles to reimagine social contracts across Africa. The fact that officers are fighting an internal battle that is also about repositioning a professional military hints at an enduring backdrop to recurrent coups.
It is important to note that public ‘demand’ for the disciplining authority of the military has often been a trojan horse that allows the military to ‘rise up to their responsibility’ as a now familiar, almost scripted ritual announcement that every new coup makes it a point to deliver.
In both Burkina Faso and Mali, transition military governments have initiated country-wide consultations (‘assises nationales’) to collect a wide-range of views from political formations and civil society on constitutional reform. To what extent the military’s move to act democratic-like is likely to lead to substantive change is a different question altogether. If the strategy is quite unprecedented for a military government, the reason for the shift is to be found in the growing importance of struggle on the ground – from popular forces from below.
In toppling civilian governments and ‘installing’ the military, protestors often aim to trigger a speedy change outside of the ballot box. Needless to say, this also heralds an uncertain future that gives no guarantee of success. Military coups are rarely transformative. Further, the military itself is a institution in its own terms that has its own logic of power accumulation. Obviously, if the military was the solution, neither Burkina Faso nor Mali would have gone through multiple coups. Mali has experienced five coups since independence while Burkina holds a record of seven coups with a total of 47-years ruled under various military governments. At any rate, the gains of popular movements hang on a fragile thread that is constantly threated by the encroaching logic of external internal intervention especially in countries whose natural resources are highly coveted.
In 2019, Algerian and Sudanese decades-long regimes fell through popular pressure. Abdelaziz Bouteflika and Omar al-Bashir were deposed by public pressure. In contrast to Mali and Burkina Faso, Sudan has a robust, deep-rooted tradition of political activism led by well-organized leftist movements, especially student movements. Not only have the Sudanese “resistance committees” been able to force concessions from the military, they proactively forged ahead with a political charter for transition presented on 27 February, 2022. The Charter for the Establishment of the People’s Authority seeks to reverse decades-long military-led governance and restricted civic participation.
Two dilemmas are apparent in the trends mentioned above. On the one hand, it is nearly impossible to assess the extent to which popular protests express representative, legitimate, and uncoerced grievances. On another, to read military coups from a liberal institutional framework which demarcates the ‘civilian’ and the ‘military’ as distinct spheres of action has time and again proven reductive. Such thinking does not allow us to consider solutions outside of injunctions to restore the normal ‘constitutional order’. Neither does it take into account the specificity of the formation of African military systems within a colonial context and their development in postcolonial states.
Contested regional leadership
The default reaction of the West African bloc ECOWAS and the African Union (AU) to the recent coups has been to distribute sanctions on account of ‘norms’ uncritically enforced in a bureaucratic and uncreative approach. The coup policy of both the African Union’s Lomé Declaration of 1999 and the African Charter on Democracy, Elections and Governance (ADC) is systematic sanctions against unconstitutional changes of government even when these are the outcome of compelling popular protests. However, the continental body has neither been consistent nor impartial in its approach. In Chad for instance, the AU Peace and Security Council (PSC) determined that the country was under threat of destabilization from Libya and did not therefore enforce sanctions against the Transitional Military Council. Although the dislocation of Libya has had tremendous consequences in the subsequent destabilization of the Sahel, more specifically Mali, Niger and Burkina Faso, the AU security assessment is all the more surprising as Chad has been relatively unaffected by the Libyan civil war. However, Chad remains France and the West’s staunchest ally in the Sahel in the fight against terrorism. For many observers, the AU buried its legitimacy in Chad by endorsing both a military coup and a dynastic takeover.
The AU is not the only discredited regional institution. ECOWAS has long been seen as a club of the malleable who speak with one tutored voice. Never before has ECOWAS been so disconnected from its populations. Having turned the other way over a series of constitutional coups which paved the way for military coups for instance in Guinea, ECOWAS has emerged as a discredited entity.
According to the Committee for the Abolition of Illegitimate Debt (CADTM), the West African bloc violated its own statutory rules in imposing sanctions that fall outside of its normative instruments, most specifically the 2001 ECOWAS Protocol on Democracy and Good Governance. Besides, the region’s economies are already badly affected by the coronavirus pandemic and sanctions imposed on Mali have consequences for other ECOWAS members. For instance, Mali accounts for 20% of Senegal’s trade volume; most export goods destined to Mali transit through the port in Dakar.
Waning Western tutelage
One could almost speak of an anachronism between on the one hand the perception of post-colonial stagnation in which the Sahelian region is believed to be steeped and the way in which ‘partnership’ continues to be discussed as the framework of engagement that structures the Sahel’s relations with the former colonial power France. France specifically appears like a stubborn guest that stays on when the party is over.
At the request of the government of Mali fearful that Jihadists were advancing towards Bamako, France launched Operation Serval which led a swift ‘victory’ in early 2013. The succeeding Operation Barkhane – a 5000 strong force that constitutes the backbone of French counter-terrorist intervention in the Sahel, over the years fell into a predictable pattern. In other words, it became locked into its own narrow logic, merely responding to French understanding of its strategic security interests in the Sahel. Despite France announcing a drawdown of Barkhane, as a result of intense pressure in Mali itself, it categorically opposed Mali’s seeking support from other governments to help it restore stability across the country.
The government of Assimi Goïta – who has been serving as interim president since May last year – has always shown suspicion regarding French ambivalence towards Tuareg’s desire of autonomy. After all, the French army command enforced a de-facto partition of Mali by preventing the national army from access to the Tuareg rebellion stronghold in Kidal and used its hegemony as leverage against the Bamako government. There is another reason for the French to seek to institute a buffer zone in Northern Mali. Kidal is about 300 km from Arlit where French giant ORAN (former AREVA) exploits uranium yellowcake. There are also important uranium reserves to the south of Arlit in addition to strategic minerals, arable land and water. The maintenance of military forces in Northern Mali therefore becomes the condition for continuing to supply its nuclear plants.
Furthermore, the Taoudeni Basin – from Mauritania to Algeria and north Mali – is a much-coveted oil basin as the world moves towards a period of depletion of oil resources. Mali itself has large limestone, salt and gold deposits in addition to oil, iron ore and bauxite minerals that are largely unexploited. Given all this, France puts tremendous pressure on WAEMU (West African Economic and Monetary Union) leaders to apply sanctions on Mali. Further, taking advantage of the rotating presidency of the EU, the French President has been lobbying other EU members for support. On 19 January this year, at his inaugural speech as rotating President, Emmanuel Macron declared in no uncertain terms: “It is in Africa that global upheaval is partially being played out, and a part of the future of this [European] continent and its youth […] and our future”.
France is neither ready nor willing to deal with its former African colonies on equal footing. For a long time, it has relied upon clientelist relations to ensure sustained access to African minerals for an unfair price. The maintenance of compliant regimes was always the condition for unimpeded access and control.
The ongoing geopolitical struggle with Russia in fact comes down to this: the argument about delayed elections and democratic governance in reality masks strategic and security interests that France is keen to protect at any cost. Declining western hegemony in the region goes hand to hand with intensified competition for access and control over Africa’s mineral and natural resources. Whereas the security crisis is real across Mali and the Sahel, the crisis that emerged out of disagreement over the presence of French troops and so-called Russian mercenaries has been engineered. Despite much noise about famed Wagner Group, there is little factual information about its presence or operations in Mali. Even so, there is nothing unusual about states using mercenary units for ‘special operations’. One recalls that France itself developed the Foreign Legion – a traditional pathway for citizenship for individual adventurers hired to serve unorthodox French operations around the world, in Africa in particular.
The ongoing stand-off between the West and Russia over the occupation of Ukraine throws into stark relief the importance of Russia’s growing presence in Africa. Russia supplies weapons and military equipment to 30 African countries. Russia is said to be the largest supplier of weapons to Africa of the past few years.
It would be a mistake to see in the thousands of young Africans occupying the streets of Bamako, Kayes and Ouahigouya or blocking French military convoys anarchic crowds that are neither rooted in a solid political culture nor hold a clear vision of what they are yearning for. It would equally be a mistake to see in the popular protests against French military presence in the Sahel as some kind of reactionary resentment of the subaltern or a revanchist postcolonial fury. Underlying the protesters’ outburst is a widespread pursuit of a sovereignty most imagine to have been lacking in their countries since the time of independence. Young people’s demand for ‘meaningful sovereignty’ is explicitly framed against a postcolonial condition that maintains their countries under neocolonial control. Theirs is a struggle for a second independence.
A foundering war
The Sahel was poised to become the new cauldron of the war on terrorism following the France and NATO-led armed intervention in Libya in 2011 and the latter’s subsequent disintegration. The securitarian logic pursued by Sahelian states and intervention forces had two predictable consequences. Firstly, as armed groups and militias proliferated in response to perceived arbitrary injustice in relation to both the state and jihadist groups, the state could label any peripheral or dissenting group ‘terrorist’ and thus give itself license to kill legitimately. Secondly, the fabric of state-society relations has deteriorated in the process as the fight against terrorism came to trump all other economic and social objectives.
Counterterrorist policies have in the main reinforced the repressive capacities of Sahelian states. As many a report have shown, more civilians have died in the hands of Sahelian states and Operation Barkhane than they have under terrorist violence. Yet, the overwhelming majority of so-called militants in the various insurgent groups operating in the Sahel are Malians and Burkinabè nationals from villages and communities known to their neighbors. They need to be engaged through dialogue and concertation.
Dwindling resources under the accelerating effects of climate change have led to deteriorating standards of living and compounded conflicts amongst communities over access to scarce resources. The Sahel faces frequent droughts and food shortages. Embattled and impoverished populations are leaving villages and those that can afford it have fled further afield into neighboring countries if they are not risking their lives in the Mediterranean trying to reach Europe. Further, at a time when Sahelian states have also become the enforcers of EU border policies, some youth are treated like trespassers and criminals in their own states.
In their unqualified commitment to the fight against ‘terrorism’, it would seem that Sahelian countries have delivered more insecurity than they have delivered jobs and economic security for their populations. Ordinary people are having a hard time understanding why after almost 10 years of intervention, a 13000 soldiers strong UN mission, a 5000 strong Barkhane force, including French-led European Takuba Task Force, and G5Sahel, the security situation has deteriorated rather than it has improved. The G5Sahel is a 2017 French initiative to coordinate the fight against Jihadist among five Sahelian countries – Burkina Faso, Chad, Mali, Mauritania and Niger. It has been a dismal failure. A UN report explains the joint operation’s slow progress and the absence of tangible security gains as the result of a narrow military outlook, divergent priorities amongst concerned countries and a fraught relation with civilians.
If Afghanistan is anything to go by, military intervention campaigns are rarely transformative enterprises.
Interventions have become ritualized forms of action in which external actors use the cover of ‘peace’ ‘security’ and ‘order’ to justify intervention by itself. It produces discursive tropes that validate militarization as a new-age normative crusade of human rights, democratization and liberation of economic activity. Since the 1990s, states have been reduced to enforcers of Bretton Woods injunctions to liberalize if they are not busy enforcing ‘partner countries’ security policies.
People may not understand the intricacy of decision-making processes that have led to the present fiasco, but they perceive the relative inefficiency of the billions of dollars that have been spent on the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA), the Barkhane Operation – which cost around 1 billion euros per year – and other international forces while Sahelian armies remain underfunded, underequipped, lacking the technological resources to collect reliable intelligence. One recalls that the March 2012 coup and that of August 2020 were both prompted by widespread public dissatisfaction with the blatant inefficacy of the Malian army fighting the Tuareg rebels and Jihadists. The Malian army was then ill-equipped -and they still are – to fight the jihadists. The public perceives that something is fundamentally wrong. What is peacekeeping in a country that is in active conflict? Failing to impose peace, what is MINUSMA exactly doing in Mali?
A historical shift?
We may just be at the cusp of a revolution of a new kind, one that first and foremost opposes different generations whose experience of, and outlook over the postcolonial present barely overlap. The generational shift affects both the political and the military elites.
There is in fact more to the recent coups in Mali and Burkina Faso than meet the eye. It would be absurd to pose the problem in terms of a choice to be made between military regimes vs. liberal democracy. The coups themselves are not the ultimate objective. The military is called upon to break a deadlock, to upend the status quo as neutral arbiters. Some of the protestors in Burkina Faso made that much clear in stating their determination to occupy the streets again should the military government fail to deliver on promises. However, coups potentially provide an opening for a necessary debate on a serious social project, something that has not been a preoccupation of previous governments since the time of the revolutionary Thomas Sankara.
This article was first published by ROAPE.
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The Myth That Is Plastic Waste Recycling in Kenya
The quantities of recycled plastic in Kenya remain insignificant, but the long-term ecological cost of disposing plastic waste in the environment will be immeasurable.
One aspect of modern Kenyan urban living that takes getting used to are the regular, well-timed garbage collection days. Miss your day and you will have to keep the trash a week longer awaiting the next collection date when the beaten-up lorries full of garbage labour through city estates in mid-morning collecting the waste produced by city dwellers.
Should you find yourself in the central business district at around midnight, you may run into these rickety trucks collecting food waste from city restaurants, discarded cartons from offices, and empty drink cans from the city’s clubs that they ferry to the few landfills scattered around the city.
The barely roadworthy trucks are part of the more than 205 lorries working at the city’s many collection points in a hectic bid to keep Nairobi County hygienic. So profitable is the waste collection business that private contractors and cartels have infiltrated the trade.
In Nairobi alone, the county’s garbage collection service is complemented by nearly 150 private sector waste operators who also serve this city of over 4 million residents. Private investments have done a lot but not nearly enough to address the garbage crisis that plagues Kenya’s towns and cities.
Kenya’s urban households produce the bulk of the country’s solid waste, including a major share of the estimated 24 million plastic bags that are used and discarded every month. A significant portion of the plastic waste ends up in dumpsites alongside scrap metal, paper materials, glassware, and medical and toxic waste. Plastic waste constitutes a significant portion of this trash, and poses the biggest challenge to solid waste management in Kenya.
According to the International Union for Conservation of Nature (IUCN), 73 per cent of all plastic waste generated in Kenya goes uncollected. The National Environment Management Authority (NEMA) reports that between 2 and 8 per cent of the plastic waste is recycled while the rest is disposed of at dumpsites such as Dandora and Ruai in Nairobi, Kachok in Kisumu, and Kibarani at the coast. In Mombasa alone, some 3.7 kilogrammes of per capita plastic waste end up in the ocean, contributing to the 1,300 billion pieces of plastic that find their way into the Indian Ocean every year. Experts estimate that there will be more plastic than fish species in all the oceans globally by 2025.
Kenya banned plastic carrier bags in 2017, at the same time that the United Nations Environment Programme was launching the Clean Seas campaign to reduce marine litter. From June 2020, visitors entering game reserves, forests, beaches, protected areas and conservancies are no longer allowed to carry plastic water bottles, cups, cutlery, plates, drinking straws, and packaging within the protected areas.
On the production end, there are industry-led plastics initiatives such as the Kenya Plastic Action Plan and the creation of the Kenya Extended Producer Responsibility Organization (KEPRO), whose mandate is to ensure that plastics are mapped, ferried, sorted, and where possible, put back into circulation. Given the low garbage collection rates, and the even lower sorting rates, recycling has been misleadingly touted as the key to managing plastic waste.
For context, the cumulative global plastic waste produced since 1950 is estimated at 8.3 billion tonnes — half of which was produced in the last 13 years alone — at an average of 300 million tonnes annually.
In Kenya recycling doesn’t work
Recycling has its limitations. Despite being cited as a major solution to the problem of plastic waste, a solution that has been taken up by 34 of the 54 African states, numerous reports have proven that it costs more to recycle than to dispose of the waste. That of course begs the question: costlier for whom?
While disposing plastic is cheaper than recycling, the long-term ecological cost to Kenyans living close to landfills and downstream is provably much higher. Kenyan plastic manufacturers are in the business for profit and, for the most part, recycling does not offer them value for money.
According to Kenya’s PET plastic industry’s joint self-regulation effort, once plastic waste enters the recycling conveyer, it is assembled and packed into bales that are sold as industrial goods and sent to the dozens of recycling plants around the country to be sorted by quality, industrial variety, texture and colour. The waste is then shredded, sanitized, melted down, and moulded into smaller, smoother plastic pellets.
These pellets, known as nurdles, are bought and once again melted down and fashioned into other plastic products, ready for re-use by industries. This form of recycling is the optimal pathway for plastic waste, but it rarely is feasible. Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.
To put it in context, less than 45 per cent of Nairobi’s overall waste is recycled, most of it undergoing what is referred to as down-cycling, open recycling, or cascaded recycling.
Cascaded recycling refers to the process of using recycled plastic waste to make an item of a lower quality than the original product. These items typically have reduced recycling potential, which destines them for the landfill after use. Models of cascaded recycling in Kenya’s informal settlements therefore turn the triangular recycling loop into a one-way direction to an incinerator or landfill.
Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.
Global research led by plastics expert Dr Roland Geyer claims that only 9 per cent of all the plastic waste ever produced has been recycled. Kenya’s cascaded recycling rates are harder to quantify but an authoritative plastics report states that only 14 per cent of global plastic packaging waste was collected for recycling in 2013. Only 8 per cent of that amount was down-cycled, of which 4 per cent atrophied during the process while only 2 per cent was recycled into a product of equal or higher value.
Even locally, recycling plastic is a costly process and sorting it, many experts assert, is unfeasible, which means that there is no way out when dealing with plastic waste other than banning the production and use of plastics.
Kenya and the global dumping of plastic waste
The non-feasibility of recycling plastic waste has been an open secret among plastics industry insiders since as far back as the 1970s. As early as 1973, senior executives of plastics multinationals had already ruled out plastic waste recycling on a large scale. Instead, these multinationals paid for misleading big-budget advertisements extolling the virtues of plastic products, and lying about the ease with which plastics could be recycled for other uses, while also placing the responsibility of recycling or disposing plastic waste on the end-user. However, the mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.
Old industry memos and library archives show that as far back as the mid-1980s Kenyan scholars like Kamau Hezron Mwangi had begun to call for a serious look into the efficacy of recycling while, in the mid-1990s, researcher Dr J.N. Muthotho and his team demanded for greater research across specific plastic products supply chains. The growing concerns linked to plastic products, their quality, disposability and the economics of the industry paint an image of an industry that has always been well aware of the problems caused by plastic waste but has lacked the motivation to address the issue. In an increasingly consumerist society, plastic has continued to be affordable, readily available, cheap, convenient, and yet very difficult to dispose of.
Ending Kenya’s relationship with plastic
A radical behavioural shift by producers, packaging firms and end-users is required in order to rid the Kenyan environment of plastic pollution. The ban on plastic carrier bags has had an estimated 80 per cent efficacy rate. Industry insiders including manufacturers and distributors now say that the ban should be extended to disposable tableware, plastic straws, plates and cutlery.
The mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.
This, the stakeholders say, will reduce the amount of single-use plastic in landfills, reduce waste, minimize animal deaths, improve human safety, and save our water systems. However, a concerted effort is needed to ban single-use plastic bottles, plastic straws, and plastic packaging and replace them with organic, biodegradable plastic (BDP) alternatives.
Most BDP products in the Kenyan market are made of thermoplastic starch that uses a polyester similar in material strength to plastic. Currently there is only one manufacturer in the country. However, researchers are coming closer to finding organic alternatives to plastics.
Reimagining a post-plastic country
In Kenya, the stakeholders have to begin to reimagine new models of ridding the country of plastic waste in the everyday life and habits of Kenyan citizens. Nairobi and its environs alone is estimated to produce between 2,400 and 3,000 tonnes of general waste every single day, an estimated 20 per cent of which is plastic waste.
“People don’t want to stop using plastic. It is cheap and easy to use so I understand why people like [it]”, says Kinuthia, an unlicensed collector in Uthiru.
A consumer culture that creates an ever-increasing demand and use of plastic products ought to be overhauled, reimagined, and refashioned.
Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon. As far back as the late 1980s, the World Bank President Barber Conable recognised that the ecological cost of economic production has to be accounted for. “Current calculations ignore the degradation of the natural-resource base and view the sales of nonrenewable resources entirely as income . . . A better way must be found.” he wrote.
Kenya’s plastic producers and importers have to begin to consider how to shift the society away from plastic products and integrate the alternatives in the marketplace. Kenyans have the opportunity to have a national conversation around local plastic producers and importers, if we are to work effectively towards phasing out all plastic products sold in the market.
With imports valued at an estimated US$883 million, Kenya’s plastics sector has a critical duty to phase out plastic products so as to, at the very least, ensure that the end-user does not have to choose between affordability, disposability, and sustainability of the packaging when making a purchasing decision.
The plastic waste crisis calls for Kenyans to design products with their life cycle and their end in mind at the outset. Therefore, designing products with their utility and disposal in mind is critical. For example, utilizing snap-together parts in appliances minimizes the use of screws, making the end product easier to disassemble, recover, and recycle at the end. This evolution in design proactively shapes the journey of a product in order to ensure that as much material as possible is recycled back into the production conveyer.
Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon.
On 24 March 2021, Kenya’s Centre for Environment Justice and Development (CEJD) held a consultative forum with 24 grassroots Civil Society Organisations in the waste management sector with support from Break Free From Plastic. The members used the existing legislative framework that bans single-use plastic carrier bags in the country to launch the CSOs for Zero Plastics in Kenya network that integrates the input of stakeholders in the affected sectors. Still, this push by CSOs towards a wider ban seems to have created a policy tension between the National Environment Management Authority (NEMA) and multi-nationals that rely on plastic products for packaging.
In 2018, NEMA tried to extend the ban on plastic carrier bags to single-use plastic containers such as bottles made of PET. However, the companies involved in the production of PET products instead proposed a self-regulated, industry-led solution under PETCO.
Despite NEMA’s pledge in 2018 to make PETCO membership mandatory for all plastic industry players, its membership remains voluntary. This lapse has slowed the acceptance of membership by stakeholders and by industry players and minimized compliance. Kenya currently has eight PET converters, but only one of them is a PETCO member. Moreover, an estimated 900 bottling plants use PET containers but only eight (1 per cent) are members of PETCO.
The future of a post-plastic Kenya requires consolidation of existing industry efforts, ramping up scientific research on alternatives, a shift in consumer behaviour and robust incremental policies in enforcing the bans and restrictions. Only then can Kenya secure its ecology, manage the diverse interests of the stakeholders involved and still manage its ecological health with posterity in mind.
Microplastics: the Destruction of Marine Life and the Blue Economy
Even as Kenya’s land-based resources continue to shrink because of a rapidly growing population, microplastic pollution of Kenya’s Indian Ocean is putting in jeopardy the country’s maritime resources.
Five scientists, Joyce Kerubo, John M. Onyari and Agnes Muthumbi from the University of Nairobi, Deborah Robertson-Andersson from the University of Kwa Zulu Natal, and Edward Ndirui Kimani from the Kenya Marine and Fisheries Research Institute (KMFRI), undertook a research study last year that returned a harsh verdict of a high presence of microplastics (MPs) in Kenya’s Indian Ocean.
MPs are plastic pellets, fragments, and fibres that enter the environment and are less than 5mm in dimension. The primary sources of MPs are vehicle tyres, synthetic textiles, paints, personal care products, and plastic products that have disintegrated into tiny particles because of environmental turbulence.
The study by the five scientists, Microplastic Polymers in Surface Waters and Sediments in the Creeks along the Kenya Coast, Western Indian Ocean (WIO), identified four polymer types in Kenya’s Indian Ocean. High-density polythene is the most abundant at 38.3 per cent, followed by polypropylene (34.6 per cent), low-density polythene (27.1 per cent), and medium density polythene (17.1 per cent). The research findings were published in the European Journal of Sustainable Development Research on 18 October 2021.
The concentration of MPs in the surface waters along the Kenyan coastline was higher compared to other parts of the world, the study warned. The findings of the study also confirmed those of previous studies on the presence of MPs in Kenya’s Indian Ocean.
The scientists also cautioned that the documented information on the specific polymeric composition of these particles in seawater and in the sediments along the Kenyan coast was insufficient. The findings, the study offered, demonstrated the extent of exposure to MPs in Kenya’s ocean ecosystems, therefore justifying policy intervention in the management and disposal of plastic waste, and the protection of the ocean’s rich biodiversity for sustainable development.
It drew testing samples from three creeks: Tudor and Port Reitz in Mombasa County and Mida in Kilifi County. Tudor Creek covers an area of approximately 20 square kilometres and is fed by two seasonal rivers—Kombeni and Tsalu—that originate around Mariakani, about 32 kilometres northwest of Mombasa. The two seasonal rivers collect runoff containing plastic and other waste from the mainland and discharge it into the creek.
Surrounding Tudor creek are several densely populated informal settlements that include Mishomoroni and Mikindani that may add MPs to the ocean. According to the study findings, the majority of the MPs were fibrous materials from textiles and ropes, probably from wastewater from washing clothes and from fishing activities.
Other key facilities that could contribute to the pollution include shipping activities at the Port of Mombasa, meat processing at Kenya Meat Commission (KMC), Coast General Hospital, Container Freight Stations (CFSs) and Kipevu Power Station. Before it was rehabilitated, Mombasa County Government dumped a lot of waste at Kibarani, near the two creeks and just next to the ocean.
Tudor Creek recorded the highest pollution, also as a result of rain runoff from Kongowea market and Muoroto slums, and Mikindani sewage effluent. Moreover, according to the study, which could, however, not determine the proportions, many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.
Mida Creek was used as a control in the study as it does not have river inflows. In addition, the creek is in a marine reserve that forms part of the Watamu Marine National Park and Reserve. However, MPs from different polymers were found in sediment and surface water samples from all the sites—including Mida Creek which is within Watamu National Marine Reserve—which the researchers had thought to be safe from pollution by industrial effluent, sewage disposal, and fishing activities.
Many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.
The study attributed the pollution at Mida Creek to high tourism activities, boat and dhow fishing activities, densely populated villages such as Dabaso, Ngala, and Kirepwe and the mangrove vegetation cover of tall trees that binds soil particles thus favouring the accumulation of MPs.
According to a United Nations Environment Programme (UNEP) report released in March 2019, plastic—which makes up a sizable proportion of marine pollution—can now be found in all the world’s oceans, but concentrations are thought to be highest in coastal areas and reef environments where the vast majority of this litter originates from land-based sources.
In Kenya, daily plastic consumption is estimated at 0.3 Kilograms per person. In 2018, Kenya imported between 45,000 and 57,000 metric tonnes of plastic.
Earlier in 2020, KMFRI had carried out its own study—Microplastics Pollution in Coastal Nearshore Surface Waters in Vanga, Mombasa, Malindi and Lamu, Kenya—that painted an even gloomier picture of MP pollution.
The four sampling locations represented the South coast, Mombasa and the North coast of Kenya’s coastal nearshore waters, and looked into considering fishing, recreation, and industrial activities, as well as the municipal effluent that finds its way into these target areas.
The objective of the study was to assess the abundance MPs and their composition in Kenya’s coastal near-shore waters during the two rainy seasons at the Kenyan coast: the north-east monsoon which runs between November and March, and the south-east monsoon which runs from April to October.
The results showed a widely varied distribution of MPs between the two seasons, with the overall highest concentrations occurring during the south-east monsoon when surface runoff from rainwater and from effluent from the major towns is high.
As confirmed in other research studies, the concentrations recorded by KMFRI, were quite high compared to other parts of the world. This provided baseline data for MPs, showing that population, anthropogenic activities and seasonal variations a play key role in influencing pollution by MPs.
Total MP concentrations in all the study areas during the north-east and the south-east monsoon seasons ranged between 83 MPs/m³ and 8266 MPs/m³ and between 126 MPs/m³ and 12,256 MPs/m³ respectively, with a mean of 3228 MPs/m³. The highest microplastic levels were found in Mombasa at 12,256 MPs/m³ during the south-east monsoon season, where runoff and effluent due to heavy rains are thought to be the primary source. The next highest levels were found in Malindi, occurring during the south-east monsoon season, because of inflows from River Sabaki.
Boat activities and tourism during the north-east monsoon season and runoff from the town during the south-east monsoon season mostly affected Lamu, while fishing activities, as well and runoff from the town, could be responsible for the abundance of MPs recorded in Vanga.
Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population. Although most of the solid waste generated in the county is organic—largely from households, hotels, restaurants and agricultural produce markets, the largest being Kongowea and Marikiti—plastic takes up a significant share.
In its County Sessional Paper No 01 of 2019, Mombasa County estimated daily waste production at 2,200 tons, 68 per cent of which is organic. Approximately 18 per cent of this waste is plastics, cardboard, paper and metals.
Other inorganic waste such as e-waste, construction waste and junk makes up an estimated 14 per cent of the waste generated. Public and private health facilities generate an estimated 2 to 3 tonnes of biomedical waste daily.
Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population.
Most of the solid waste generated is disposed in undesignated open grounds—in VOK, Kwa Karama, Kadongo, Junda, Saratoga, and Mcheleni. It is disposed in the same form as it is generated without being recycled or reused. Disposal of solid waste in the open has continuously had a negative environmental health impact through the contamination of water sources.
Moreover, with the limited investment in solid waste recycling and recovery systems, disposal methods in the county have been a contributor to public nuisance.
There are two designated dumpsites, namely Mwakirunge in Kisauni and Shonda in Likoni. However, these dumpsites are poorly managed and do not respect the prescribed environmental health standards while Mombasa County government’s budgetary allocation for solid waste management is not sufficient to meet the desired results.
MPs are harmful to human health, experts say. The ingestion of MPs by species at the base of the food web causes human food safety concerns, as little is known about their effects on the food that finally lands on our menu.
The minuscule size of MPs renders them invisible to filter-feeding fauna, leading to unintentional ingestion. In a study published in December 2020 in the Africa Journal of Marine Science, W. Awuor, Agnes Muthumbi and Deborah Robertson-Andersson confirmed the presence of MPs in marine life. The study investigated MPs in oysters and in three species of brachyuran crabs.
They did sampling in eight stations distributed between three sites—Tudor, Port Reitz and Mida Creek—in January and February 2018, during low spring tide. The sample comprised 206 crabs and 70 oysters.
The study identified MP fibres of different colours—red, yellow, black, pink, orange, purple, green, blue—as well as colourless ones. Colourless fibres were the most prevalent, comprising at least 60 per cent of the total MPs. The mean lengths of the MP fibres were between 0.1 and 4.2 mm.
The study exposes MP pollution along the Kenyan coast and its uptake by marine fauna, and thus strengthens the case for better control of plastic waste in the ocean. “Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change,” said the head of UN Environment’s coral reef unit, Jerker Tamelander, in 2019.
“Waste continues to leak from land, and coral reefs are on the receiving end. They also trap a lot of fishing gear and plastic lost from aquaculture. With the effects of climate change on coral reef ecosystems already significant, the additional threat of plastics must be taken seriously.”
According to UNEP, there remains a significant lack of knowledge on the true impact of plastics on the reef environment, including the level of concentrations of MPs across coral reef eco-regions in order to understand the scale of the issue in a standardised manner.
“Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change.”
Concerns about ocean pollution have been raised at a time when the country is looking at the Blue Economy as the country’s next economic growth frontier. In effect, Kenya’s land-based resources have been shrinking because of a rapidly growing population and it is therefore prudent for the government to shift the focus to the country’s ocean resources spread over an area of 245,000 km², or 42 per cent of the country’s total land mass.
Kenya has from the outset not been keen on growing the maritime sector. Even Kenya’s first independence economic blueprint, African Socialism and its Application to Planning in Kenya, published in 1965, failed to anchor the Blue Economy in the country’s economic growth agenda, despite its significant role in transporting 95 per cent of the country’s global transactions.
The Western Indian Ocean has resources worth more than KSh2.2 trillion in annual outputs, with Kenya’s share standing at about 20 per cent of this figure. The marine fishing sub-sector alone had an annual fish potential of 350,000 metric tonnes worth KSh90 billion in 2013. However, the region only yielded a paltry 9,134 metric tonnes worth KSh2.3 billion during that year.
In 2018, the then Agriculture Cabinet Secretary, Mwangi Kiunjuri, said that by failing to fully exploit the Blue Economy, Kenya was losing over Sh440 billion annually. But if the opportunities offered by the Blue Economy are to be exploited, a policy intervention in the management and disposal of plastic waste is urgently required to protect the ocean’s rich biodiversity for sustainable development.
Western Sahara: Africa’s Last Colony
Meriem Naïli writes about the continuing struggle for the independence of Western Sahara. Occupied by Morocco since the 1970s, in contravention of the International Court of Justice and the UN. The internationally recognised liberation movement, POLISARIO, has fought and campaigned for independence since the early 1970s. Naïli explains what is going on, and the legal efforts to secure the country’s freedom.
The conflict over Western Sahara can be described as a conflict over self-determination that has been frozen in the past three decades. Western Sahara is a territory in North-West Africa, bordered by Morocco in the north, Algeria and Mauritania in the east and the Atlantic Ocean to the west. A former Spanish colony, it has been listed by the UN since 1963 as one of the 17 remaining non-self-governing territories, but the only such territory without a registered administrating power.
Since becoming independent from France in 1956, Morocco has claimed sovereignty over Western Sahara and has since the late 1970s formally annexed around 80% of its territory, over which it exercises de facto control in contravention of the conclusions reached by the International Court of Justice (ICJ) in its advisory opinion of October 15, 1975, on this matter. The court indeed did not find any “legal ties of such a nature as might affect the application of resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory” (Western Sahara (1975), Advisory Opinion, I.C.J. Reports 1975, p.12).
On 14 November 1975, the Madrid Accords – formally the Declaration of Principles on Western Sahara – were signed between Spain, Morocco, and Mauritania setting the conditions under which Spain would withdraw from the territory and divide its administration between the two African states. Its paragraph two reads that “Spain shall immediately proceed to establish a temporary administration in the territory, in which Morocco and Mauritania shall participate in collaboration with the Jemâa [a tribal assembly established by Spain in May 1967 to serve as a local consultative link with the colonial administration], and to which the responsibilities and powers referred to in the preceding paragraph shall be transferred.”
Although it was never published on the Boletin Oficial del Estado [the official State journal where decrees and orders are published on a weekly basis], the accord was executed, and Mauritania and Morocco subsequently partitioned the territory in April 1976. Protocols to the Madrid Accords also allowed for the transfer of the Bou Craa phosphate mine and its infrastructure and for Spain to continue its involvement in the coastal fisheries.
Yet in Paragraph 6 of his 2002 advisory opinion, UN Deputy Secretary General Hans Corell, reaffirmed that the 1975 Madrid Agreement between Spain, Morocco, and Mauritania “did not transfer sovereignty over the Territory, nor did it confer upon any of the signatories the status of an administering Power, a status which Spain alone could not have unilaterally transferred.”
The Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) is the internationally recognised national liberation movement representing the indigenous people of Western Sahara. Through the self-proclaimed Sahrawi Arab Democratic Republic (SADR), it has been campaigning since its creation in May 1973 in favour of independence from Spain through a referendum on self-determination to be supervised by the UN. A war broke out shortly after Morocco and Mauritania’s invasion in November 1975. Spain officially withdrew from the territory on 26 February 1976 and the Sahrawi leadership proclaimed the establishment of the SADR the following day.
In 1984, the SADR was admitted as a full member of the Organisation of African Unity (now the African Union), resulting in Morocco’s decision to withdraw the same year in protest. Morocco would only (re)join the African Union (AU) in 2017. The admission of the SADR to the OAU consolidated the movement in favour of its recognition internationally, with 84 UN member states officially recognising the SADR.
In the meantime, to strengthen its colonization of the territory, Morocco had begun building what it later called “le mur de défense” (the defence wall). In August 1980, following the withdrawal of Mauritanian troops the previous year, Morocco sought to “secure” a part of the territory that Mauritania had occupied. Construction of the wall – or “berm” – was completed in 1987 with an eventual overall length of just under 2,500km.
A “coordination mission” was established in 1985 by the UN and the OAU with representatives dispatched to find a solution to the conflict between the two parties. After consultations, the joint OAU-UN mission drew up a proposal for settlement accepted by the two parties on 30 August 1988 and would later be detailed in the United Nations Secretary General’s (UNSG) report of 18 June 1990 and the UN Security Council (UNSC) resolution establishing United Nations Mission for the Referendum in Western Sahara (MINURSO).
Since 1979 and the surrender of Mauritania, around 80% of the territory has remained under Morocco’s military and administrative occupation.
Deployment of MINURSO
The Settlement Plan agreed to in principle between Morocco and POLISARIO in August 1988 was submitted to the UNSC on 12 July 1989 and approved in 1990. On 29 April 1991, the UNSC established MINURSO in resolution 690, the terms of reference for it being set out in the UNSG’s report of 19 April 1991. The plan provided for a cease-fire, followed by the organisation of a referendum of self-determination for which the people of Western Sahara had to choose between two options: integration with Morocco or plain and simple independence.
In this regard, it provided for the creation of an Identification Commission to resolve the issue of the eligibility ofSahrawi voters for the referendum, an issue which has since generated a great deal of tension between the two parties. A Technical Commission was created by mid-1989 to implement the Plan, with a schedule based on several phases and a deployment of UN observers following the proclamation of a ceasefire.
Talks quickly began to draw up a voters list amid great differences between the parties. POLISARIO maintained that the Spanish census of 1974 was the only valid basis, with 66,925 eligible adult electors, while Morocco demanded inclusion of all the inhabitants who, as settlers, continued to populate the occupied part of the territory as well as people from southern Morocco. It was decided that the 1974 Spanish census would serve as a basis, and the parties were to propose voters for inclusion on the grounds that they were omitted from the 1974 census.
In 1991, the first list was published with around 86,000 voters. However, the process of identifying voters would be obstructed in later years, mainly by Morocco which attempted to include as many Moroccan settlers as possible. The criteria for eligibility had sometimes been modified to accommodate Morocco’s demands and concerns. Up to 180,000 applications had been filed on the part of the Kingdom, the majority of which had been rejected by the UN Commission as they did not satisfy the criteria for eligibility.
Consequently, the proclamation of “D-Day”, to mark the beginning of a twelve-week transition period following the cease-fire leading to the referendum on self-determination, kept being postponed and eventually was never declared.
Following the rejection by Morocco of the Peace Plan for Self-Determination of the People of Western Sahara (known as Baker Plan II) and the complete suspension of UN referendum preparation activities in 2003, Morocco’s proposal for autonomy of the territory under its sovereignty in 2007 crystallised the stalemate [the Peace Plan is contained in Annex II of UNSG report S/2003/565, and available here].
The Baker Plan II had envisioned a four or five-year transitional power-sharing period between an autonomous Western Sahara Authority and the Moroccan state before the organisation of a self-determination referendum during which the entire population of the territory could vote for the status of the territory – including an option for independence. It was ‘supported’ by the UNSC in resolution S/RES/1495 and reluctantly accepted by POLISARIO but rejected by Morocco.
The absence of human rights monitoring prerogatives for MINURSO has emerged as an issue for the people of Western Sahara as a result of the stalemate in the referendum process in the last two decades. MINURSO is the only post-Cold War peacekeeping operation to be deprived of such prerogatives.
Amongst the four operations currently deployed that are totally deprived of human rights monitoring components (UNFICYP in Northern Cyprus, UNIFIL in Lebanon, UNDOF in the Israeli-Syrian sector and MINURSO), MINURSO stands out as not having attained its purpose through the organisation of a referendum. In addition, among the missions that did organise referendums (namely UNTAG in Namibia and UNAMET in East Timor), all had some sort of human rights oversight mechanism stemming from their mandates.
On 8 November 2010, a protest camp established by Sahrawis near Laayoune (capital of Western Sahara) was dismantled by the Moroccan police. The camp had been set up a month earlier in protest at the ongoing discrimination, poverty, and human rights abuses against Sahrawis. When dismantling the camp, gross human rights violations were reported – see reports by Fédération internationale des ligues des droits de l’Homme (2011) and Amnesty International (2010).
This episode revived the international community’s interest in Western Sahara and therefore strengthened the demand by Sahrawi activists to “extend the mandate of MINURSO to monitor human rights” (see Irene Fernández-Molina, “Protests under Occupation: The Spring inside Western Sahara” in Mediterranean Politics, 20:2 (2015): 235–254).
Such an extension was close to being achieved in April 2013, when an UNSC resolution draft penned by the US unprecedentedly incorporated this element, although it was eventually taken out. This failed venture remains to date the most serious attempt to add human rights monitoring mechanisms to MINURSO. Supporters of this amendment to the mandate are facing the opposition by Moroccan officials who hold that it is not the raison d’être of the mission, and it could jeopardize the negotiation process.
What’s going on now?
At the time of writing, the people of Western Sahara are yet to express the country’s right to self-determination through popular consultation or any other means agreed between the parties. The conflict therefore remains unresolved since the ceasefire and has mostly been described as “frozen” by observers.
On the ground, resistance from Sahrawi activists remain very much active. Despite the risks of arbitrary arrest, repression or even torture, the Sahrawi people living under occupation have organised themselves to ensure their voices are heard and violations are reported. Freedom House in 2021 have, yet again, in its yearly report, rated Western Sahara as one of the worst countries in the world with regards to political rights and civil liberties.
Despite a clear deterioration of the peace process over the decades, several factors have signalled a renewed interest in this protracted conflict among key actors and observers from the international community. A Special Envoy of the AU Council Chairperson for Western Sahara (Joaquim Alberto Chissano from Mozambique) was appointed by the Peace and Security Council in June 2014. This was followed by Morocco becoming a member of the AU in January 2017.
More recently, major events have begun to de-crystalise the status quo. The war resumed on 13 November 2020 following almost 30 years of ceasefire. Additionally, for the first time, a UN member state – the US – recognised Morocco’s claim to sovereignty over the territory. Former US President Trump’s declaration on 10 December 2020 to that effect was made less than a month after the resumption of armed conflict. It has not, however, been renounced by the current Biden administration. As this recognition secured Morocco’s support for Israel as per the Abrahamic Accords, reversing Donald Trump’s decision would have wider geopolitical repercussions.
In September 2021, the General Court of the European Union (GCEU) issued decisions invalidating fisheries and trade agreements between Morocco and the EU insofar as they extended to Western Sahara, rejecting Morocco’s sovereignty. This decision is the latest episode of a legal battle taking place before the European courts.
The Court of Justice of the European Union (CJEU), had previously reaffirmed the legal status of Western Sahara as a non-self-governing territory, set by the UN in 1963 following the last report transmitted by Spain – as Administering Power – on Spanish Sahara under Article 73 of the UN Charter. The Court rejected in December 2016 any claims of sovereignty by Morocco by restating the distinct statuses of both territories.
The last colony in Africa remains largely under occupation and the UN mission in place is still deprived of any kind of human rights monitoring. In the meantime, the Kingdom of Morocco has been trading away peace in the form of military accords and trade partnerships. This situation must end – with freedom, and sovereignty finally won by Western Sahara.
This article was first published by ROAPE.
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