www.westafricaninsight.org V ol 5. No 2. 2017 ISSN 2006-1544

WestIAN fSrI iGcHaT

MOROCCO’s ACCESSION TO ECOWAS

Centre for Democracy and Development TABLE OF CONTENTS

Editorial 2

ECOWAS Expansion Versus Integration: Dynamics and Realities 3

ISSUES AND OPTIONS In 's Quest to 11 join the ECOWAS

THE ACCESSION of The Kingdom of Morocco to the Economic Community 20 of West African States

MOROCCO‟s APPLICATION TO JOIN ECOWAS: A SOFT-POWER ANALYSIS 27

MOROCCO AND ECOWAS: Picking Cherries and 32 Dismantling Core Principles

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Cover picture source: Other pictures source: The Centre for Democracy and Development and the Open Society Initiative for West are not responsible for the views expressed in this publication Chukwuemeka Eze makes the argument that Editorial Morocco's application to join ECOWAS is moved by his December, the Economic Community of self-interest. Morocco is seeking to position itself as a West African States (ECOWAS) has to decide continental power sitting at the top of the political whether Morocco's application to join should and economic table in Africa. By joining ECOWAS T Morocco would have additional opportunities and be accepted or thrown out. Jibrin Ibrahim makes the case that ECOWAS should not allow itself to be benefits in the international community and would stampeded into accepting Morocco into its fold also benefit from the Arab League quota as well as without thinking through the implications for its core West African quota. This is apart from the possibility of principles and practices. The request by Morocco for a displacing and Ghana as the most influential phased entry into ECOWAS with exemptions on the and second most influential member of the sub- constitutional convergence principles enunciated in regional organization respectively. He also believes the Supplementary Protocols on Democracy and that Morocco would be a divisive rather than uniting Good Governance and the Free Movement of Persons factor for the region. means it's only interested in the free movement of goods – Moroccan goods into West Africa. Jideofor Adibe argues that ECOWAS should insist on the principles of the ECOWAS Protocol on Democracy Babatunde Idowu uses the notion of 'Soft Power' to and Good Governance lists a number of democratic explore the power of attraction and persuasion principles “shared by all member states.” The Kingdom ECOWAS possess that makes it more attractive for of Morocco, as a monarchy, clearly does not meet this Morocco relative to other RECs on the continent. He condition. This means that the ECOWAS Protocol on makes the case that the ECOWAS Treaty clearly Democracy and Governance will need to be amended 2 defines who ECOWAS Member States are, and for Morocco to meet the criteria for admission. But if Morocco is not on the list. Indeed there is no provision ECOWAS has to amend its protocol just to admit a in the ECOWAS Treaty for the admission of new member, then several of its other protocols may also Member States, although, Article 90 of the 1993 be subjected to amendments and revision whenever it Revised Treaty provides the framework for amending receives a new application from a prospective and revision of the Treaty. The path to take in member. This will contrast with the general norm considering Morocco's application is to initiate the where countries applying to join any REC or laborious process of reviewing the treaty. international organisation will have the obligation of meeting the requirements of membership rather than Omarou Toure makes the assessment that the legal the REC or international organisation having to texts in force are not explicit on the accession of new amend its requirements just to accommodate a new members to ECOWAS. A comparative analysis with member. those of 1975 suggests that they were not designed to include the definition of "ECOWAS Member States", States outside the West African region. However, the Idayat Hassan Heads of State and Government may decide otherwise with all the consequences that this implies. He argues that the Kingdom of Morocco's application Director, CDD does not fully meet the criteria for accession to ECOWAS and proposes that the current partnership could be strengthened through the conclusion of a cooperation agreement. ECOWAS Expansion Versus Integration: Dynamics and Realities Chukwuemeka Eze

Introduction designating an Extraordinary Ambassador to 3 The Economic Community of West African States ECOWAS, HE Moha Ou Ali Tagma, who presented (ECOWAS) was founded in 1975, primarily to his credentials to the President of the ECOWAS promote economic cooperation and integration. Commission on 2 March 2017. Morocco's request However, this initial idea of economic integration was expectedly on the agenda of the 51st soon spilled over to cooperation in a wide scope ordinary session of the Authority of Heads of of areas including politics, governance, peace and State and Government held in Monrovia-Liberia security among others. In terms of geographical on June 4 2017, and King Mohammed VI of delimitation, the ECOWAS treaty of 1975 defined Morocco would have participated but for the the membership of ECOWAS as: “States that ratify controversy surrounding the presence of Israeli this treaty and any other such WEST AFRICAN Prime Minister Benjamin Netanyahu at the States as may accede to it”. Since its formation, the summit. only changes relating to its composition was the joining of Cape Verde in 1976, and the exit of This recent bid by Morocco to join ECOWAS has in 1999. Chad, which belongs to the understandably aroused a lot of curiosity and Economic Community of Central African States debate because unlike Chad for instance which (ECCAS), had shown interest in becoming a shares boundaries with two ECOWAS member member of the Community but currently enjoys states, Morocco has no geographical relationship an observer status. Morocco has also enjoyed with West Africa. Many are therefore questioning observer status since 2005, but on 24 February the rationale and interest in Morocco's bid to 2017, the country put in a formal request on its become a member of the Community. This intention to join ECOWAS as a full member. presentation seeks to address some of these Furthermore, Morocco followed up its request by pressing questions such as: what are the 4 dynamics surrounding the issue of Morocco's Morocco has had an observer status in ECOWAS request? Should ECOWAS be interested in for over a decade (since 2005)-possibly in expanding its membership or focus on harnessing preparation for its request to join ECOWAS. In the integration of states that already form part of addition, the Kingdom has sought active presence the ECOWAS geographical space. What are some in all-important ECOWAS forums. An example is of the myths that need to be debunked and what the fact that Morocco was granted observer status are the realities that must be faced? at the ECOWAS Ministerial Council Meeting of the Ministers of Transport, held in Lomé, Togo on 17 Morocco's relationship with West Africa October 2016. The country has made significant It is important at this point to state that Morocco contributions to the region over the years in did not apply for ECOWAS membership out of a diverse areas. For instance, Morocco supported vacuum. The relationship between Morocco and mediation efforts in Cote d'Ivoire, , and West Africa dates back to the 10th century with stabilization in Guinea Bissau. The Kingdom of trade and the introduction of especially in Morocco further contributed to mediation efforts the Sene-Gambia region. Indeed, Morocco's in the Mano River Union (MRU) including in the formal request to join ECOWAS came at a time convening of a Summit of the MRU in on 27 when King Mohammed VI was visiting Guinea (23- February 2002, on the initiative of King 24 February, 2017), and Cote D'Ivoire (24 Mohammed VI where dialogue was renewed February-3 March, 2017). The tour was one of the amongst the Heads of State of Guinea, Liberia and about 25 visits since 2001 by the Moroccan King to Sierra Leone who reiterated their willingness to 15 countries in the region aimed at enhancing restore a climate of peace and security in the MRU sectorial relations with West Africa. in accordance with the aspirations of their peoples. Mohammed VI Institute for the Training of Imams The country was also involved in the negotiations in Rabat. Additionally, Morocco's has made direct for the exit of Mr. Jammeh, former president of The investment in West Africa in virtually all sectors, Gambia. with the leading sectors being the banking, telecom, cement and real estate sectors. Despite In the area of peace keeping, Morocco has the understanding that can be obtained from their contributed to peacekeeping operations in the involvement in the economy and politics of the region (including UNOCI in Cote d'Ivoire). And the ECOWAS region, several questions and challenges deployment of a military and humanitarian arise from Morocco's request to become a full missions to (2013) partly in support of the member of ECOWAS. -led Operation Serval); Guinea (2014), and Guinea Bissau (2015) with the establishment of Dynamics, Myth and Realities: What does field hospitals in the respective capitals of these Morocco want? countries. The military field hospitals in Conakry According to Morocco, its move to join offered quality care in various specialties, including organisation comes “to crown the strong political, cardiology, pulmonology, dermatology, general human, historical, religious and economic ties at all and surgery, paediatrics, gynaecology, and levels with ECOWAS member countries” but the dentistry and traumatology. International and Local affairs analysts describe the expression of interest as suspicious and chary. As part of its religious diplomacy, Morocco, trains The country, which recently quit her isolation scores of West African religious students to policy to re-join the after 33 years is become Imams, in the philosophy of Wasatiyya seen to have a history of bellicosity and egoism in 5 (middle of the road) or moderate Islam that her international relations. Analysts are therefore encourages interfaith dialogue, respect of the giving a forewarning to West African leaders and other and inter-cultural communication, in the citizens of the implication of accepting Morocco, an Arab state located in the North of Africa into its integration and regional co-existence. As an body. umbrella organization for economic development and integration, ECOWAS weighs US$630 billion, 6 Secondly, it is obvious that Morocco is moved by representing the world's 21st largest GDP. The self-interest. Morocco, so to speak, is aiming to vision of ECOWAS is the creation of a borderless position itself as a continental power sitting at the region where the population has access to its top of the political and economic table in Africa. It abundant resources and is able to exploit them should be noted that if Morocco were admitted, through the creation of opportunities under a her opportunities and benefits in the international sustainable environment. In this bloc, the community would also increase. Morocco will population is expected to enjoy free movement, benefit from the Arab League quota as well as West have access to efficient education and health African quota. Also, she will have more chances in systems and engage in economic and commercial the distribution of elective and appointive posts in activities while living in dignity in an atmosphere of international organizations. This is apart from the peace and security. possibility of displacing Nigeria and Ghana as the most influential and second most influential According to the , Morocco's economy member of the sub-regional organization is doing well and is very well integrated into global respectively. value chains. It also has a vibrant private sector that is eager to engage with the rest of Africa though Why ECOWAS? currently doing business more with . As According to experts, the regional group has M o ro c c o l e ve r a g e s o n E CO WA S ' t r a d e exceeded the expectations of its founding fathers. liberalization programme, the North African Today, the organization is recognized globally as a country will make significant in-roads into key successful regional body. ECOWAS, despite its markets – Considering its sound economic challenges can be seen now as a model of performance, Morocco might be seeking to take advantage of the West African economy – with a States that ratify this Treaty without specifying the population of 335 million. Besides, Morocco geographical zone of West Africa. This omission already has bilateral relations with almost all the 15 can be viewed from two angles. First it has been countries of the ECOWAS making the region its argued that during the conceptualization of the softest target. organisation in 1975, it was necessary to specifically refer to WEST AFRICA in to By integrating Morocco, the 15-member bloc ensure that those states, which fell within the would become the 16th largest geographical zone but were not members, could with an additional $115 billion and a GDP later join. However, the revised treaty of 1993 did approaching US$745 billion, ahead of and not see the need to make this distinction because right after Indonesia. ECOWAS member states will there were no other West African states left to be have access to a larger market for their goods and considered. The other school of thought is that at services and may also gain easier access to this point, the possibility of other states which were European markets. On the other hand, weaker not within West Africa geographically speaking, economies without the benefit of high levels of but seeking membership was envisaged and industrialization may face unfair competition as therefore the deliberate omission of a they struggle to cope with the flooding of cheaper geographical definition, such that any other state goods from Morocco. which wanted to apply for membership could do so. An argument that is provided by the Does ECOWAS make room for Expansion? proponents and advocates of the entry of As already alluded to, ECOWAS made room for Morocco is that the ECOWAS and African Union expansion in the Lagos treaty of 1975, establishing extant statute did not restrict any of the regional 7 the organization. This was clearly to allow other economic communities to geographical location. West African States like Cape Verde to join. The revised treaty of 1993, however simply states in its Article 2.2 that "the Member States," shall be the Our view is that Morocco has no regional connection with ECOWAS and even if the ECOWAS document is not specific about who should be a member, there is a presumption from the name - the Economic Community of West African States – literally suggestive of states in West Africa. The name; the Economic Community of West African States, defines membership along contagious States in the West of Africa. The request of Morocco must therefore satisfy a geographical criterion, for membership in the West African region. As defined by Resolution CM / RES.464 (XXVI) of the OAU Council of Ministers “Region” means the «geographical zone known as West Africa”

The Elephant in the Room Morocco regards the as part of its historic territory and has spent much of the last three decades trying to strengthen ties with Europe at the expense of relations with Africa. With its diverse Arab, Berber and influence of European culture, Morocco describes itself as a 8 constitutional monarchy. In 2011 it adopted a new Constitution, which laid the grounds for what it principles on democracy that underpin the describes as a more open and democratic society, ECOWAS protocol. with the separation of powers and increased decentralization. Despite the claim to democracy, To expand or to integrate the monarchy has a tight grip on the country. Expansion and integration are not mutually exclusive and could work very well together given One of the sticky issues surrounding Morocco's the right conditions. However, at this point, I ECOWAS membership is whether the country believe ECOWAS still has a very long way to go in being a Monarchy, would be willing to subject its integration drive. Most of the ideals espoused itself to ECOWAS protocol on democracy and in the treaty are still far from realization and efforts good governance as Article 1 of ECOWAS Protocol should be geared towards consolidating the on Democracy and Good Governance calls for the integration process, which has been rather slow. separation of powers, and among others, the independence of the judiciary and judges. The For now, available evidence seems to point to the Protocol is also clear on the secularism and fact that Morocco would be a divisive rather than neutrality of the State in all matters relating to uniting factor for the region. Its bid for religion but does not preclude the right of the membership, if endorsed by ECOWAS, will create State to regulate with due respect to human rights. deep division within the Organisation especially There are therefore contradictions between the between Francophone and Anglophone member Moroccan political system, as a constitutional states. The reality is that Morocco has an immense monarchy and the constitutional convergence capacity to destabilize ECOWAS, its programmes and projects, by rendering policy implementation geographical criterion cannot be an obstacle to impossible and by re-directing its decisions away accession to regional economic grouping. Even from the core interests of the region it was though such a decision can only be motivated by 9 established to serve. With Morocco as a full political and economic imperatives, it could be a member, ECOWAS will be compelled to include as sign of an acceleration of the establishment of the part of its regular agenda both political and African Economic Community. With the accession economic interests of Morocco as a and of Morocco, ECOWAS will become the 16th world Arab nation. economic power before Turkey. This economic, and even political, weight would be further While this won't be the first time that North African strengthened by the accession of Chad, which has countries have joined organizations originally the status of observer and possibly . At this meant exclusively for countries in other regions of rate ECOWAS could become the epicentre of Africa, as and are members of the African integration Common Market for Eastern and Southern Africa (COMESA), a group of countries in East and South Conclusion Africa, Morocco's bid to join ECOWAS is bizarre ECOWAS has in principle, accepted the even if it serves its interest. Morocco's adhesion membership of Morocco in the regional body and would be an infraction on the legal text of the 1993 there is no denying the fact that there are many ECOWAS Revised Treaty, which affirms, “that our benefits to be derived from the country's final goal is the accelerated and sustained membership in the regional body. Firstly, the economic development of Member States, country's military might and equipment, as well as culminating in the economic union of West Africa”. wealth could become handy in support of regional efforts at peace and stability, in areas of On the positive side, the expansion of ECOWAS to peacekeeping operations, counter-terrorism and a North African State such as Morocco will be a fight against extremism, conflict mediation among first. This amounts to admitting that the others. In addition, the strong economic might of the its economic resources and cultural affinities. country may also be brought to bear on the regional organization in helping to fund other · It will also be interesting to know the full programs and activities that were hitherto details of Morocco's non-membership and re- lacking funds, akin to Libya's singular support to joining of the AU after all these years until the African Union during the era of President January 2017. Gadhafi. Furthermore, a strong and diversified can provide impetus to · Besides, Morocco is known to be one of the the development efforts and private sectors of main recruitment hubs of jihadist groups, mainly member states, enhance the performance of the ISIS and al-Nusra. It is estimated that Morocco regional economy and actually provide a direct has a contingent of about 1,500 fighters in Iraq and cheaper route for ECOWAS exports to and Syria. These radicalized fighters pose E u r o p e , e t c . D e s p i t e t h e a p p a r e n t enormous security threats to the North African favourableness of the accession of Morocco to country as they return home notwithstanding ECOWAS, however, the following issues need be the government's efforts to contain the risks. considered along with the accession With the freedom of movement granted under negotiations. ECOWAS, Nigeria and other countries – which are still battling Boko Haram – may face a · The insistence of Morocco that it does not renewed risk of terrorism if Morocco joins the belong to a REC despite the fact that the regional bloc. 10 headquarters of UMA is in Morocco. It would be wise to uncover the basis for this contradiction, In light of these, it is recommended that civil and to establish the role of Morocco in the society be carried along fully in the negotiation current condition of UMA. process to ensure inclusion and collective responsibility. At the end of the process, if · The absence of Morocco at the last Summit membership is granted, the adhesion process because Israel was invited could indicate some should be gradual, commencing with hidden extremism, which is uncommon in multilateral agreement for some years, to allow ECOWAS, and very dangerous in a multicultural for observation, before full membership is - multireligiuos – multipartner Community like granted. ECOWAS. This is more important considering the likely influence that Morocco will wield with ISSUES AND OPTIONS IN MOROCCO'S QUEST TO JOIN THE ECOWAS Jideofor Adibe

orocco's recent application to join the continental body. At its 28th summit meeting held Economic Community of West African in Addis Ababa, Ethiopia, on 30 January 2017, 11 MStates (ECOWAS) has raised concerns Morocco's application for re-admission generated among some members of the regional politico- heated discussion but the North African kingdom economic community. It will be recalled that managed to win over sufficient member states on Morocco left the Organization of African Unity its side and was allowed to join the fold (OAU), precursor to the AU, in 1984 after the unconditionally.² Months after its re-admission to continental organization admitted the Sahrawi the AU, Morocco surprised many by also applying Arab Democratic Republic (SADR), which was for admission into the Economic Community of proclaimed in 1976 by the Sahrawi People's West African States (ECOWAS). . Morocco claimed – and has not given up on that claim – that the Sahrawi Arab There have been discussions about Morocco's Democratic Republic, (which is also known as the possible motives for wanting to join ECOWAS – Western Sahara) is its ‗Southern provinces'. arguably the most successful regional economic Morocco has in fact ignored several community in the continent. In foreign policy Resolutions calling for referendum to decide the analysis, it is recognized that national interest is the fate of Western Sahara.¹ driving force of the games played by states in their interaction with state and non-state actors outside After shunning the OAU and its successor, the AU, their national borders.³ So what does Morocco for over 30 years, Morocco applied to re-join the want with ECOWAS?

1 United Nations (2016), „Security Council Extends Mandate of United Nations Mission for Referendum in Western Sahara by 10 Votes in Favour, 2 against, with 2 Abstentions‟, April 29, https://www.un.org/press/en/2016/sc12346.doc.htm 2Open Democracy (2017), „The world‟s last colony: Morocco continues occupation of Western Sahara, in defiance of UN‟, April 13, https://www.opendemocracy.net/north-africa-west-asia/nizar-visram/world-s-last-colony-morocco-continues-occupation-of-western-sahara-in-de 3 See for instance Krasner, S.D. (1978), Defending the National Interest: Raw Materials Investment and US Foreign Policy (Princeton, Princeton University Press). pulled out and relinquished its claim as a colonial power over the territory. This former Spanish colony was then annexed by Morocco. Sahrawi people, who fought S p a n i s h c o l o n i a l oppression, were now forced to fight Moroccan o c c u p a t i o n . T h e y c o n d u c t e d re s i s t a n c e s t r u g g l e u n d e r t h e leadership of the Polisario Front until 1991 when the U n i t e d N a t i o n s ( U N ) brokered a truce.⁶ Some have argued that Morocco should not have been re- admitted into the AU without first accepting the AU Act which recognizes African colonial boundaries, Louw-Vaudran has argued that Morocco's quest to thus making its continued occupation of Western join the West African bloc is not to pursue trade Sahara illegal. The argument is that by re- and investment but because it no longer wants to 12 admitting Morocco unconditionally, the be the ―black sheep of the African continent continental body appeared to have tacitly anymore.⁴ If we accept this proposition, it raises endorsed the country's occupation of Western the question of whether joining ECOWAS is the Sahara, which remains the continent's last colonial only way Morocco can prove that it no longer outpost – ironically occupied by another African wants to be the ―black sheep of the continent. state.⁷ But surprisingly and despite Morocco's location in , in June 2017, ECOWAS said it had in Ironically while the AU failed to stand by its principle approved Morocco's membership principled decision on Western Sahara in its application – though it also added that ―the treatment of Morocco's application for re- implications of its membership still needed to be admission into the continental body, the kingdom considered before Morocco could formally join.⁵ of Morocco is under increasing global pressure What is clear is that Morocco's application to join over the issue. For instance on December 21, 2016 the ECOWAS raises a number of issues. - a few days before the Addis Ababa Summit - the European Court of Justice (ECJ) dismissed The Issues Morocco's claim to Western Sahara. The ruling The first issue is that of Western Sahara, which has means the 's trade deals with been occupied by Morocco since 1976 when

4The National (2017), „Morocco applies to join West African regional economic bloc‟, March 7, https://www.thenational.ae/world/morocco-applies-to-join-west- african-regional-economic-bloc-1.89837 5BBC (2017), „Ecowas agrees to admit Morocco to West African body‟, June 5, http://www.bbc.com/news/world-africa-40158089 6 Visram, Nizar (2017), „The world‟s last colony: Morocco continues occupation of Western Sahara, in defiance of UN‟, Open Democracy, April 13, https://www.opendemocracy.net/north-africa-west-asia/nizar-visram/world-s-last-colony-morocco-continues-occupation-of-western-sahara-in-de, 7 See Ibid Morocco do not apply to the occupied territory of a pile of agreements covering practically Western Sahara which is endowed with fish stocks, everything – from religious training to 13 mineral deposits, agricultural produce and oil and projects. reserves.⁸ In December 2016, the King concluded the second So how was Morocco able to gain an leg of a nearly two-month, six-country Africa tour, unconditional re-admission to the AU despite the resulting in some 50 bilateral agreements. The growing international pressure on the country visits came on the heels of trips to Rwanda, over the Western Sahara? It has been argued that Tanzania, and in October, when more than Morocco's re-admission was made possible by the 40 bilateral agreements were signed.⁹ Kingdom's ‗pocketbook diplomacy': As Visram noted: However, if pocket book diplomacy was all it could … prior to the AU vote the King embarked on a take to sway Africans from their principled support charm offensive by touring African countries, of Western Sahara, it also raises the question of seeking support for his AU bid. In February 2014 how far the continental body has matured he set off on a tour of Mali, Ivory Coast, Guinea and politically and whether it has at all overgrown what Gabon. This was his second regional trip in less is generally called its ‗begging bowl syndrome.'¹⁰ than five months. He took with him a contingent of Mohamed Yeslem, foreign minister of SADR, advisors and business executives who negotiated hopes that Morocco's re-admission to the AU will

8 Dudley, Dominic (2016), „European Court Dismisses Morocco's Claim To Western Sahara, Throwing EU Trade Deal Into Doubt‟, Forbes, December 21, https://www.forbes.com/sites/dominicdudley/2016/12/21/european-court-dismisses--claim-to-western-sahara-throwing-eu-trade- deal-into-doubt/#4c29bb394493 9 Visram, Nizar (2017), Op Cit 10 Namibian Economist (2015), „The Curse of the "Begging Bow" Syndrome‟, July 31, https://economist.com.na/12555/speak-your-mind/the- curse-of-the-begging-bowl-syndrome/ result in a solution to the territorial dispute through a referendum and a United Nations resolution.¹¹ Majority of Morocco's

Morocco's role in the population is Berber

The Union of the Arab Maghreb or Arab Maghreb “and Arab by identity, Union (AMU) - as it is often referred to - was with at least a “ third of the population established in 1989 when the five founding speaking Berber members - , Tunisia, Morocco, Libya and languages Mauritania - signed the Treaty of .¹² However, hopes for substantial political and economic integration in the Maghreb region quickly dimmed as inter-state political tension – especially between Morocco and Algeria over the status of Western Sahara – complicated the consolidation of the Union. In fact, a summit between AMU heads of state has not taken place since 1994.¹³

More recently, political instability in the wake of the Arab Spring uprisings has created further uncertainty about the union's future. Morocco's admission into ECOWAS could lead to tensions 14 between members strongly opposed to Morocco's position on SADR and those willing to have the Northern African country have its way. In other words, there is the possibility that just as Morocco's membership of AMU helped to stymie the Union so role in the formation of the Arab Maghreb Union could its membership of ECOWAS also either help (AMU). There is probably no country within the to undermine the effectiveness of the regional ECOWAS that flaunts its Arab identity as a country economic community or torpedo it entirely. as much as Morocco does – though some countries within the sub-region with substantial Arab identity Muslim population share some cultural heritages The majority of Morocco's population is Berber and with the . While scholars like Kramer Arab by identity, with at least a third of the have contended that many Arabs these days are population speaking - also doubtful of whether there is anything like a known as Amazigh languages.¹⁴ Though Morocco common Arab mission¹⁵, the fact remains that was a former French colony, the country takes Morocco's pride in its Arab identity raises the special pride in its Arab identity as can be seen in its question of whether the country's membership of

11 Cited in Kazeem, Yomi (2017), „Morocco has rejoined the African union after a 33-year absence‟, Quartz Africa, January 31, https://qz.com/898645/morocco-has-rejoined-the-african-union-but-the-western-sahara-question-remains/ 12European Parliamentary Research blog (2014), „The Union of the Arab Maghreb And Regional Integration: Challenges And Prospects‟, January 16, https://epthinktank.eu/2014/01/16/the-union-of-the-arab-maghreb-and-regional-integration-challenges-and-prospects/ 13 Gilfillan, Bowman (2017), „Egypt: Is The Maghreb Union Finished And Dead?‟, glObserver –Africa, July 9, 2017, http://globserver.cn/en/africa/press/Is%20The%20Maghreb%20Union%20Finished%20And%20Dead%3F 14 Morocco Guide (n.d.), „Culture and Customs of Morocco‟, https://www.morocco-guide.com/culture/ 15 Kramer, Martin (2017), 'Arab Nationalism: Mistaken Identity', http://www.academia.edu/344314/Arab_Nationalism_Mistaken_Identity, p.172 ECOWAS will not create cultural dissonance within Ÿ Economic Community of Central African States the regional economic group, made up almost (ECCAS) entirely by Black African countries. Ÿ Economic Community of West African States (ECOWAS) 15 African integration dynamics Ÿ Intergovernmental Authority on Development At an AU Summit in , , in March (IGAD) 2006, the African Union resolved to rationalise the Ÿ Southern African Development Community numerous regional economic communities (RECs) (SADC).¹⁶ from 14 to 8, so that each region would have its own ―regional reference. The 1980 Lagos Plan Following from the above, the request by North of Action for the Development of Africa and the Africa's Morocco to join ECOWAS will not only Abuja Treaty had earlier proposed the creation of complicate Africa's efforts to rationalize existing RECs as the basis for wider African integration, regional economic groupings but also means that with a view to regional and eventual continental Morocco stands to benefit from both the Arab integration. The eight RECs recognized by the AU League quota (AMU) and the West African quota. are: The scale of the challenge from this becomes more Ÿ Arab Maghreb Union (AMU) obvious when it is realized that the United Nations Ÿ Common Market for Eastern and Southern and virtually other international institutions Africa (COMESA) increasingly use the concept of regionalism in the Ÿ Community of Sahel–Saharan States distribution of both appointive and elective (CEN–SAD) positions.¹⁷ Ÿ East African Community (EAC)

16 African Union (n.d.), Regional Economic Communities (RECs) https://au.int/en/organs/recs 17 Biswaro, Joram Mukama (2013), The Role of Regional Integration in Conflict Prevention, Management and Resolution in Africa, (Brasilia, The Alexandre de Gusmão Foundation,Funag) member. T h e E C O W A S This will contrast with the general norm where “CEN-SAD must be P r o t o c o l o n countries applying to join any REC or international particularly attractive Democracy and organisation will have the obligation of meeting to Morocco, for Governance the requirements of membership rather than the

several reasons. A r t i c l e 1 of t h e REC or international organisation having to amend

Its pre-eminence in ECOWAS Protocol its requirements just to accommodate a new the organization “ on Democracy and member. will likely go Good Governance uncontested; lists a number of Why ECOWAS, and not CEN-SAD? d e m o c r a t i c A question can be asked of what Morocco hopes principles ―shared to achieve in the 15-member ECOWAS that it b y a l l m e m b e r cannot possibly accomplish in the 28-member states. CEN-SAD of which it is a member? CEN-SAD – the Community of Sahel-Saharan States- was These include separation of powers between the established in February 1998 by six countries – executive, legislature and judiciary and that Burkina Faso, Chad, Libya, Mali, Niger and Sudan. ―accession to power must be made through free, Its membership has since grown to 28 and fair and transparent elections in every member includes several of the countries in ECOWAS such State.¹⁸ The Kingdom of Morocco, as a monarchy, as Nigeria, Ghana, The Gambia, Togo, Benin and clearly does not meet this condition. This means Ivory Coast. that the ECOWAS Protocol on Democracy and 16 Governance will need to be amended for Morocco CEN-SAD became a regional economic to meet the criteria for admission. But if ECOWAS community during the 36th ordinary session of the has to amend its protocol just to admit a member, Conference of Heads of State and Government of then several of its other protocols may also be the Organization of African Unity, held in Lomé, subjected to amendments and revision whenever it Togo, from July 4-12 2000. CEN-SAD gained receives a new application from a prospective observer status at the General Assembly under

18 Economic Community of West African States (2001), 'Protocol A/SP1/12/01 on Democracy and Good Governance Supplementary to the Protocol relating to the Mechanism For Conflict Prevention, Management, Resolution, Peacekeeping and Security', December, http://www.internationaldemo cracywatch.org/attachments/3 50_ECOWAS%20Protocol%20o n%20Democracy%20and%20G ood%20Governance.pdf Resolution 56/92. Thereafter it initiated states with significant Muslim minorities) cooperation agreements with numerous regional —convenient for a king whose authority rests in and international organizations with the purpose part on his position as ―Commander of the of consolidating collective work in the political, Faithful (amir al-muminin).²⁰ cultural and economic and social fields.¹⁹ Though CEN-SAD was shaken by the Arab Spring, which With the above, the question must be asked why unmoored the African Peace and Security Morocco is not interested in taking a leadership Architecture (APSA) and shook the African Union role at CEN-SAD, which will offer it more influence (AU) by removing its key , Muammar and at the same time enable it reap whatever Qaddafi, as the Carnegie Endowment for benefit it hopes to reap by being in ECOWAS? International Peace noted: Contiguity CEN-SAD must be particularly attractive to Though this will not be the first time that north Morocco, for several reasons. Its pre-eminence in African countries have joined organizations the organization will likely go uncontested; no originally meant exclusively for countries in other other member has the spur, stature, and stability regions of Africa - as Libya and Egypt are members to lead it. Other potential leaders (namely Nigeria of the Common Market for Eastern and Southern and Kenya) are firmly ensconced as anchor states Africa (COMESA) - Morocco's bid to join ECOWAS in existing, functional RECs—Nigeria in the is a different pot of fish. Located in North Africa Economic Community of West African States b e t w e e n t h e A t l a n t i c O c e a n a n d t h e (ECOWAS) and Kenya in the East African , the distance between Community (EAC), among others. Morocco and Ghana in West Africa is some 17 2714km. ²¹ ECOWAS – as the name implies - is a Egypt remains deeply embroiled in regional REC for countries in West Africa and all the diplomacy and its own internal affairs, and members are Black African countries. So what is Algeria's absence from CEN-SAD should allow the interest of a North African country in Morocco free reign to guide the organization becoming a full member of a grouping for West independent of its neighbour. Moreover, the African States? Kingdom may enjoy novel forms of influence within a REC based on a projection of Africa's Arab Implications for Nigeria and Muslim North into the continent's South; Morocco's application to join the ECOWAS has CEN-SAD apparently an abbreviation taken from several implications for Nigeria: One, Akinterinwa Arabic letters sin and sad (for al-sahil and al- has argued that Morocco's admission into sahara), covers over half of Africa's nations, and ECOWAS will require the re-articulation of the what unites such a diverse set of countries—from ‗Concentric Circle' and ‗Beneficial Concentricism' the Gambia to the Comoros, and Somalia to Sierra principles articulated respectively by Professor Leone—more than any connection to ecoclimatic Ibrahim Gambari and Ambassador Oluyemi or environmental conditions, is Islam. With the Adeniji, which have been driving forces of exception of Algeria, CEN-SAD is the REC of all Nigeria's foreign policy. Akinterinwa further Muslim-majority African states (as well as member argues that if there is a re-conception of the geo-

19United Nations Economic Commission for Africa (n.d.), CEN-SAD - The Community of Sahel-Saharan States, https://www.uneca.org/oria/pages/cen- sad-community-sahel-saharan-states 20Carnegie Endowment for International Peace (2003), „Morocco‟s Engagement with the Sahel Community‟, January 3, http://carnegieendowment.org/sada/?fa=50490 21Ghana Business News (2017), „Morocco applying to join ECOWAS – Issues to consider‟, March 9, https://www.ghanabusinessnews.com/2017/03/09/morocco-applying-to-join-ecowas-issues-to-consider/ political definition of a ‗region', then the notion of French-speaking countries, Nigeria naturally West Africa being Nigeria's concentric circle will exercises disproportionate influence there. The also have to change, meaning that the interests suspicion therefore is that the French-speaking 18 pursued in the new West Africa will also need re- members of the organization are welcoming the articulation.²² membership of Morocco, (which is also French- speaking) into the organization and which has the Two, Professor Bolaji Akinyemi, a former Nigerian power of the purse to match Nigeria's financial Minister of Foreign Affairs, has argued that the aim contributions to the organization in order to of Morocco's quest to join the ECOWAS was to whittle down Nigeria's influence in the whittle down Nigeria's influence in the sub- organization. regional organization.²³ Nigeria contributes 73.7 per cent of ECOWAS's budget. Between 2003 and Akinyemi regards the issue of Morocco's quest to 2011 for instance, Nigeria contributed $918.7 join the ECOWAS as the greatest threat to Nigeria's million (N138 billion) to the running of the foreign policy since the end of the Civil War and Community, followed at a distance by Ghana at argued that should Morocco be admitted into the $225.7 million (N34 billion), and Cote D'Ivoire at organization, Nigeria has just one option left – to $107.5 million (N16.1 billion).²⁴As the largest quit the sub-regional body.²⁵ donor in the organization, which is dominated by

22Akinterinwa, Bola (2017), '51st ECOWAS Summit of Heads of State: Beyond Israel's and Stick and Morocco's Membership Virus', ThisDay, June 11, https://www.thisdaylive.com/index.php/2017/06/11/51st-ecowas-summit-of-heads-of-state-beyond-israels-carrot-and-stick-and-moroccos- membership-virus/ 23Vanguard (2017), 'Morocco's admission in ECOWAS is anti-Nigeria, says Akinyemi', June 8, https://www.vanguardngr.com/2017/06/moroccos- admission-ecowas-anti-nigeria-says-akinyemi/ 24Premium Times (2017), 'Nigeria, ECOWAS' largest donor, continually outsmarted by smaller West-African countries', February 4, http://www.premiumtimesng.com/news/118585-nigeria-ecowas-largest-donor-continually-outsmarted-by-smaller-west-african-countries.html 25Vanguard (2017), 'Morocco's admission in ECOWAS is anti-Nigeria, says Akinyemi', June 8, https://www.vanguardngr.com/2017/06/moroccos- admission-ecowas-anti-nigeria-says-akinyemi/ equally noted that the admission of Morocco Options into ECOWAS will violate Article 1 of the Given the above issues, the question is what ECOWAS Protocol on Democracy and Good options does ECOWAS have regarding Morocco's Governance, which lists a number of quest for membership of the sub-regional democratic principles ―shared by all organisation? member states, including separation of One option is to encourage the black African powers between the legislature, the civilisation and the Arab civilisation to grow and executive and the judiciary and freedom of flourish on different platforms – as currently the press. We noted that Morocco, a obtains. This may mean encouraging Morocco to monarchy, does not meet these conditions. strengthen its role in the African Maghreb Union (by resolving its differences with Algeria) and then We equally posed the question of what let AMU forge close cooperation with ECOWAS. Morocco hopes to achieve in the 15-member Another option is to encourage Morocco to ECOWAS that it cannot possibly accomplish continue or strengthen its existing bilateral in the 28-member Community of Sahel- relations with the ECOWAS countries while Saharan States(CEN-SAD) of which it is a enjoying an observer status in the regional body. member? We also noted that the request by North Africa's Morocco to join ECOWAS will Conclusion not only complicate Africa's efforts to We have discussed Morocco's quest for full rationalize existing regional economic membership of ECOWAS. We argued that the groupings but also means that Morocco country's application for membership raises a stands to benefit from both the Arab League 19 number of issues such as Morocco's continued quota and the West African quota. claim over Western Sahara, which the OAU and its successor AU recognized as an independent We equally argued that ECOWAS members country. We noted that Morocco left the could negatively affect Nigeria, including Organisation of African Unity in 1984 precisely whittling down its influence on the because the continental body chose to recognize continental body. Western Sahara as an independent state, which Morocco claims is its southern provinces. We Based on the above, we contended that argued that Morocco's membership of ECOWAS ECOWAS has two options – one is to will bring the country in collision course with encourage Morocco to strengthen its role in ECOWAS members who still recognize Western the African Maghreb Union (such as by Sahara as an independent country. resolving its differences with Algeria) and then let AMU forge close cooperation with We also not that the African Maghreb Union has ECOWAS. The other option we proffered is to been rendered ineffective largely because of the encourage Morocco to continue or disagreement between Algeria and Morocco over strengthen its existing bilateral relations with Western Sahara and wonder whether that will be the ECOWAS countries while enjoying an the fate of ECOWAS if Morocco were to join it. We observer status in the regional body. To achieve these goals and objectives, Morocco will have to “ support Community action, including

harmonization and

coordination of national policies and the promotion of “ programmes, projects and activities in various fields. THE ACCESSION OF THE KINGDOM OF MOROCCO TO THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES

Omarou TOURE 20 Introduction Prof. Alexandar Thurston In a press release from the This is proof that Morocco Heads of State and Government Ministry of Foreign Affairs and intends to benefit from all the of ECOWAS can decide on the Cooperation of the Kingdom of advantages associated with its accession of new members as Morocco issued on 24 February dual observer status of ECOWAS stated in the Treaty. 2017, His Majesty King Mohamed and the largest investor in Africa. VI informed Her Excellency Ellen Clearly, the continent and West M o r o c c o's M e m b e r s h i p Johnson Sirleaf, President of Africa are fully back as priority Application Liberia and Chairperson of the focal points for Morocco's A c c o r d i n g t o t h e R o y a l Economic Community of the foreign policy. Communiqué, Morocco's request West African States (ECOWAS), complies with the provisions of the will of the Kingdom to join the This request for membership the founding Treaty of ECOWAS Regional Economic Community however raises the question as to and fully complies with its a s a f u l l m e m b e r ( S e e - whether a State located in membership criteria. This https://www.diplomatie.ma/Engl northern Africa can join an a s s e r t i o n s t e m s f r o m a n ish/English/Language/English/ta organization that is specifically interpretation of Article 2.2 of the bid/136/vw/1/ItemID/14476/lan f o r t h e W e s t A f r i c a n revised ECOWAS Treaty, which is guage/en-US/Default.aspx). This geographical zone. We will seek not sufficiently explicit on these request followed Morocco's re- to answer this question on the accession criteria. It is through a adhesion to the African Union in basis of legal documents. joint reading of this provision January 2017. N o n e t h e l e s s , w h a t e v e r with others that it can be seen responses we come up with, it is that these criteria relate to clear that only the Authority of membership in the West African region (A) and commitment to 1976, in Addis Ababa, Ethiopia). r e s p e c t s t h i s r e g i o n a l respect for the goals, objectives delimitation (ECA, 2016). a n d o f t h e f u n d a m e n t a l The RECs covering these regions 21 principles of the Community (B). signed the Protocol of Relations According to Article 2.2 «the The request of Morocco must between the African Economic members of the Community, satisfy a geographical criterion, Community (ECA) and the RECs hereinafter referred to as « the that of membership in the West o n 2 5 F e b r u a r y 1 9 9 8 . Member States», are the States African region. « “Region” means Subsequently, in September that ratify this Treaty». For the the «geographical zone known as 2006, starting from the Banjul States that have ratified the West Africa as defined by Summit in the Gambia, the Treaty, reference should be made Resolution CM / RES.464 (XXVI) African Union initiated a first to the Preamble. Francophone of the OAU Council of Ministers ». rationalization of regional c o u n t r i e s a r e t h e m o s t i n te g r a t i o n i n i t i a t i v e s b y numerous, with a total of eight This Resolution, on which the designating ECOWAS as the only countries, namely Benin, Burkina Abuja Treaty is based, divides strategic framework for regional Faso, Côte d'Ivoire, Guinea, Mali, A f r i c a i n t o f i v e Re g i o n a l integration in West Africa. This Niger, Senegal and Togo, Economic Communities (RECs): rationalization made it possible followed by five Anglophone West Africa (sixteen Member to maintain a certain coherence States, The Gambia, Ghana, States), East Africa (thirteen with Resolution CM / RES.464 Liberia, Nigeria, Sierra Leone and Southern Africa (ten Member (XXVI) and the Treaty of Abuja in two Portuguese-speaking States: States) Central Africa (nine the face of the multiplication of Cabo-Verde and Guinea-Bissau. Member States), North Africa groups within the existing RECs (five Member States) (See - or between two or more RECs It follows that any West African Resolution CM / RES.464 (XXVI) (Ibriga, 2008). State may apply to become a of the Council of Ministers of the member of the Community, OAU, 23 February to 1 March The 1993 revised ECOWAS Treaty which requires that the applicant “

In the light of the foregoing, it can be said that Morocco's “ request does not satisfy the criterion of geographical affiliation

22 be a State and that it is West concerned Cabo Verde in 1976. addition to honouring its African. Its territory must be ECOWAS therefore exhausted obligations under the Treaty and located at least in part on the the regional geographical to respecting the decisions and geographical space of West contours, so that the phrase "and the community. These aims and Africa. This requirement can be such other West African States as objectives, as set out in Article 3 deduced from the 1975 Treaty, may accede to it» was not of the revised ECOWAS Treaty, are which states that «The Members included in the Revised Treaty of limited to the promotion, of the Community, hereinafter 1 9 9 3 . T h e w i t h d r a w a l o f cooperation and integration in referred to as" Member States ", Mauritania in 2000 revived the the perspective of an economic shall be the States that ratify this issue of ECOWAS enlargement to union of West Africa with a view Treaty and such other West a West African State. In the light to raising the standard of living of African States as may accede to it of the foregoing, it can be said its peoples, maintaining and " (Articles 2 and 3 of ECOWAS that Morocco's request does not increasing economic stability, Treaty of 1975). This formulation s a t i s f y t h e c r i t e r i o n o f strengthening relations between made sense in 1975 when the geographical affiliation. Member States and contributing challenge was to extend the to the progress and development organization to the States that With regards to the respect of the of the African continent. o c c u p y t h e We s t A f r i c a n goals, objectives and principles geographical space. On this of ECOWAS (B), Morocco must To achieve these goals and basis, these States acceded to commit itself to achieving the objectives, Morocco will have to ECOWAS on the date of its objectives and objectives of the support Community action, establishment in 1975 (see J-C Community, specifically, Article 5 including harmonization and Gautron). Enlargement only of the Revised ECOWAS Treaty in coordination of national policies a n d t h e p r o m o t i o n o f policy, Morocco will its jurisdiction. Under the programmes, projects and then commit itself to joining the provisions of Article 9.4 of the activities in various fields. It Common External Tariff (TEC) in Revised Treaty, its acts, referred to would also have to adhere to the force in the West African space as "decisions", are binding and f o l l o w i n g f u n d a m e n t a l since January 2015, to fiscal enforceable against the Member principles: respect for the policies with a view to adopting a States and the Community principles of a market economy, common currency by 2020. institutions, with the exception of the principles of freedom, the Court of Justice of the democracy and the rule of law, as Our assessment is that the legal Community. Depending on the well as human rights and texts in force are not explicit on matters defined in a separate fundamental freedoms, Regional the accession of new members to protocol, decisions shall be taken peace and security and stability ECOWAS. A comparative analysis either unanimously or by through the promotion and with those of 1975 suggests that consensus or by a two-thirds s t r e n g t h e n i n g o f g o o d they were not designed to majority of the Member States neighbourly relations, respect for i n c l u d e t h e d e f i n i t i o n of (Article 4). community cohesion, and so on. "ECOWAS Member States", In principle, Morocco will be able States outside the West African By virtue of this power, the to meet this second criterion. region. However, the Heads of Authority decides unanimously But that will be a real challenge. State and Government may on the enlargement of ECOWAS In particular, its commitment is decide otherwise with all the to new members. Such a decision expected on certain sensitive consequences that this implies. implies taking into account the aspects of integration policy such The application for accession cohesion of the organization as immigration referred to in shall be addressed to the (Goutron). Already in 1975 Article 59 of the Revised Treaty Authority of Heads of State and enlargement to other States in 23 and covered by Protocol A / SP.1 / Government, which shall decide the West African region was 5/79 signed in Dakar on 25 May upon presentation of a report worrying to the Heads of State 1979 with a view to promoting from the Commission. To do this, and Government, who felt that the free movement of persons it has two options. The first is to any new accessions should make who are nationals of the member accept the Moroccan request, it possible to safeguard the countries. which raises the question of the strength and momentum of the enlargement of ECOWAS. The Community enterprise without This is reflected in the respect of second is to reject the application internal cohesion and dynamism the principle of the abolition of and propose the conclusion of a (UNECA, 2016). visas, citizens' entr y fees, cooperation agreement. residence and establishment, It is clear that this concern a d o p t i o n of t h e E CO WA S The Enlargement Option persists today ECOWAS is one of passport and identity card. In this The ECOWAS Heads of State and the continent's most integrated context, Morocco has regularized Government is the supreme communities where people are and integrated thousands of sub- institution of the Community and ahead of political authorities. This Saharan migrants into its “shall be responsible for the explains why the Member States territory. It is a good way to prove general direction and control of are more focused on deepening its Africanism, especially since the Community and shall take all regional integration and full the country has secular ties of m e a s u r e s t o e n s u r e i t s ownership of the regional cooperation with West African progressive development and integration process in West states like Mali, Senegal and the realisation of its objectives” Africa (*16). Therefore, any Mauritania with exemption from (Article 9). It has a real decision- application for membership must entr y visas. In addition to making power in the areas under be seriously considered. The State in relation to which the This economic, and even political, seen as a failure of these RECs e n l a rg e m e n t p o s e s f e w e r w e i g h t w i l l b e f u r t h e r t h a t n o l o n g e r m e e t t h e problems is Mauritania, which strengthened by the accession of aspirations of the States parties. withdrew from ECOWAS in 2000 Chad, which has the status of Positively, it is a sign of an to join the Arab Maghreb Union. observer and possibly Tunisia. acceleration of the establishment o f t h e A f r i c a n E c o n o m i c It has opted for an association This enlargement decision Community. This can produce a agreement with ECOWAS for the logically raises the question of ripple effect, the consequence of negotiation of the Regional adapting the name of the which is to move to a stage E c o n o m i c P a r t n e r s h i p o r g a n i z a t i o n t o t h e n e w without having identified the Agreement with the European configuration. Indeed, a North- obstacles and challenges of the Union. This agreement provides West-Center Union no longer previous one. In this regard, the for Mauritania's accession to the meets the criteria of the RECs expansion of ECOWAS to a non- ECOWAS Common External Tariff defined by Resolution CM / West African state is likely to be a and it's Scheme of Liberalization RES.464 (XXVI) and the Treaty of h a s t y d e c i s i o n , w i t h a l l of Exchanges. It also provides that Abuja. But the creation of such implications unknown. The Mauritania accepts the provisions groupings is a phenomenon that o p t i o n f o r a c o o p e r a t i o n on liberalization of services and is observed on the continent. For agreement is then fully justified. o t h e r s t h e p o s s i b i l i t y o f example, North African states concluding a trade agreement such as Egypt and Libya are The Cooperation Option with tariff concessions with a members of COMESA. Tunisia will The second option available to third party. Finally, Mauritania will join in October 2017 while t h e H e a d s o f S t a t e a n d have to commit itself to acceding Algeria has just begun accession Government is to propose to to the ECOWAS protocol on the negotiations. Other examples of Morocco the conclusion of a 24 free movement of persons. groupings are provided by the cooperation agreement instead Tripartite Area (TFTA) of full membership in ECOWAS. The expansion of ECOWAS to a of June 2015 between three RECs, In accordance with Article 83 of North African State such as namely the Common Market of the Revised Treaty specified in Morocco will be a first. This Eastern and Southern African Additional Protocol A / SP.1 / amounts to admitting that the States (COMESA), the African 06/06 of 14 June 2006, the geographical criterion cannot be Community of The Southern President of the Commission may an obstacle to accession to A f r i c a n D e v e l o p m e n t c o n c l u d e c o o p e r a t i o n ECOWAS. It is sufficient for the C o m m u n i t y ( S A D C ) , t h e agreements with third countries Authority of Heads of State and Community of Sahel-Saharan (See Article 83 of the Revised Government to authorize the States (CEN-SAD), the Common Treaty). The President of the accession negotiations with the Market for Eastern and Southern Commission appears to favour Applicant State on the basis of its Africa (COMESA), which covers this option - see Interview of commitment to respect the East Africa and parts of North Marcel Alain de Souza, «Opening fundamental aims, objectives and Africa and Central Africa, the E C O W A S t o M o r o c c o » , principles of the Community. Intergovernmental Authority on extending the West to the Such a decision can only be Development (IGAD), which North?» Available Online at: motivated by political and covers the Horn of Africa and the :http://www.rfi.fr/emission/2017 economic imperatives. With the northern part of East Africa. 0307). The third country is 'a State accession of Morocco, ECOWAS other than a Member State'. will become the 16th world This tendency to create new T h e s e a g r e e m e n t s a r e economic power before Turkey. groupings can be doubly immediately brought to the assessed. Negatively, it can be attention of the Council of Ministers through its President. renounce its membership in the has a process of integration of Arab League and the Arab the most ambitious and more T h e c o n c l u s i o n o f s u c h Maghreb Union, even though advanced on the scale of the agreements will be based on during the speech delivered in African continent. It offers several aspects of cooperation Addis Ababa on January 30, King Morocco a market of 320 million and will be fostered by strong Mohammed VI considered that consumers for a gross domestic political, human, historical, his flame for an Arab Maghreb product of 700 billion dollars. The religious and economic ties with Has been extinguished because main natural resources are oil, the ECOWAS member countries. faith in a common interest has gold, cocoa, cotton, coffee and Historically, educationally and disappeared. From now on, rubber. The economic integration culturally, Morocco shares with Morocco considers that the of the ECOWAS countries reaches the ECOWAS Member States a African family is its reference 10% for interregional trade, with civilizational legacy thanks to family. the free movement of people, Islam, which has 190 million goods and capital. By 2015 a followers. The first contacts With its status as an observer to common external tariff has been between the Muslim world and ECOWAS, a non-permanent established by nine ECOWAS Africa date back to the eighth member of the UN Security countries, while great efforts century thanks to the trans- Council, its membership in the have been made to harmonize Saharan trade and the quest for Maghreb and the Sahelo- t h e l a w s a n d re g u l a t i o n s knowledge provided in the Saharan region, the Kingdom has governing the economy. famous cities of Timbuktu and become a key player in the Djenné. Today, hundreds of West stability, Peace and development Following 23 visits to 11 African marabouts follow training in the region. He has been heavily countries in the region, Morocco in Morocco for the spread of involved in operations in the is in the process of realizing its 25 moderate Islam. To this must be region (notably in Côte d'Ivoire) desire to create a North-West added the thousands of students, and mediation efforts to resolve African pole with the signing of scholars of the Moroccan State, conflicts (mediation in the crisis several hundred agreements and who pursue their academic of the Mano River countries, the conclusion, in December studies in Moroccan universities contribution to the resolution of 2016, of the extension of the and higher institutions. the serious institutional crisis in Morocco-Nigeria gas pipeline Guinea in 2009-2010 and the through the countries of the Geopolitically, ECOWAS is stabilization of Guinea Bissau ...). region. As the second largest considered as the natural Morocco has also undertaken investor in Africa after South geopolitical environment of actions of solidarity with the Africa, it is the largest investor in Morocco, which will strengthen c o u n t r i e s o f t h e r e g i o n , the ECOWAS region (*27). its position on the issue of particularly during the period of often organize or Western Sahara. Only two the Ebola pandemic, and in the par ticipate in fairs in the countries in the region recognize face of the natural disasters that countries of the region, as well as the Sahrawi Arab Democratic s o m e c o u n t r i e s h a v e missions with local businessmen. Republic, while all the others are experienced. Moroccan investments are quite clear to the Kingdom. diversified. has Morocco will assert its leadership Economically, ECOWAS is the several African subsidiaries thus filling the vacuum left by the Kingdom's best sub regional including Moritel (Mauritania), Libyan guide KHADAFFI. This opportunity, as highlighted in the Onatel (Burkina Faso), Sotelma does not mean that Morocco will communiqué, considering that it (Mali), Gabon télécom. The main Moroccan banks, Attijariwafa more than 20 sub-Saharan economic interests, the ECOWAS Bank and BMCE (through the countries. Heads of State and Government 2009 acquisition of Bank of may accede to this request. This Africa) are present in 19 African Conclusion implies that they have carefully countries. Other major national It appears from the present studied the implications of such a companies, such as the Addoha analysis that the Kingdom of decision. Morocco is an added Group, the Sanad Holding, Morocco's application does not value to ECOWAS thanks to its Management and the National fully meet the criteria for political, human, historical, Office for Water and accession to ECOWAS. The religious and economic ties with (ONEE), are also active in many current partnership could be its member countries. countries in West Africa and of strengthened through the Central Africa. Others are present conclusion of a cooperation in mining, , port agreement. However, given the management, air transport (Royal current context of grouping on Air Maroc), which operates in the basis of political and

References Amine Dafir, "Moroccan Economic Diplomacy in Sub-Saharan Africa: Realities and Challenges", GeoEconomy 2012/4 (n ° 63), pp. 73-83; Bakary Sambé, "Morocco in the South of the Sahara: a strategy of influence to the test of 26 geopolitical mutations", in "Maghreb and sub-Saharan Africa: convergences and dynamics". Available Online at http://timbuktu-institute.org/wp-content/uploads/2016/04/English- STRATEGIES-INFLUENCE.pdf. Gautron, Jean-Claude "The Economic Community of West Africa: Antecedents and Prospects", French Yearbook International Law, Volume 21, 1975.

Ibriga, Luc Marius, Coulibaly, Saïb Abou and Sanou, Dramane - West African Community Law, University of Ouagadougou, U.F.R. Of Political and Juridical Sciences, November 2008. UN Economic Commission for Africa, «ECOWAS at 40: An Assessment of Progress Towards Regional Integration in West Africa», Addis Ababa 2016, 171p., Spec. p.104-105. Available Online at http://www.uneca.org/sites/default/files/PublicationFiles/uneca_ecowas_report_en_web.pdf. Igué John O., “Challenges and Prospects of Regional Integration in West Africa», in ECOWAS, Symposium on Development: Moving Out of Underdevelopment” Ouagadougou, 2010 Sami El Khayat, "The stakes of the African policy of Morocco", Review of Geographical Space and Moroccan Society, n ° 15, 2016, pp.65-81. MOROCCO‟s APPLICATION TO JOIN ECOWAS: A SOFT-POWER ANALYSIS

Babatunde Idowu 275

he Kingdom of Morocco‟s application to Authority". The Communiqué continues: "the join ECOWAS at the 51st Ordinary Session of Authority decides to invite the King of Morocco to Tthe Economic Community of West African the next Ordinary Session of the Authority" (para States (ECOWAS) Authority of Heads of States and 59).¹ Government held in Monrovia, Liberia on June 4, 2017 took many foreign analysts by surprise. The There are arguments for and against the reaction of the ECOWAS Heads of States was application, however, a Soft-Power theory helps to equally surprising and interesting. reshape the argument, by positing that it is ECOWAS‟s power of attraction and persuasion The Final Communiqué of the Summit (para 58) that is driving the quest for many countries such as states that the "The Authority supports in principle Morocco, Tunisia and Mauritania seeking the the granting of membership to the Kingdom of membership of the organisation. Morocco having noted the strong and multidimensional ties it has with Member States. Three reasons can be made for opposing The Authority directs the Commission to further Morocco‟s application. One, as the name implies, reflect on the implications of the request from the the Economic Community of West African States Kingdom of Morocco in the light of the provisions was established through the Lagos Treaty of 1975 of the Revised ECOWAS Treaty and to submit the to promote economic cooperation among states conclusions at the next ordinary session of the in the West African region. Morocco is a North

1 . The Final Communiqué of the 51st Ordinary Session of the Economic Community of West African States (ECOWAS) Authority of Heads of States and Government held in Monrovia, Liberia on June 4, 2017

Morocco does

“not meet the basic criteria “ for admission to ECOWAS.

African country, not a West African state. Tanzania, also a member of the EAC, left COMESA Meanwhile both the Lagos Treaty and the ECOWAS and joined SADC in 2001. This multiple and Revised Treaty of 1993 expressly state that the confusing membership creates duplication and Member States shall be the States that ratify these sometimes competition in activities, however, each 28 Treaties, therefore, using geographic-specific country has the sovereign right to join any REC narrative, Morocco does not meet the basic criteria based on its own regional, continental priorities for admission to ECOWAS. and national interest.

That said, it is worth noting that this would not be Acknowledging that the Treaties clearly define who first time that North African countries have joined ECOWAS Member States are, however, in organisations meant exclusively for countries in customar y international law, there are other regions of Africa, as Libya and Egypt are arrangements for amending the Treaty to reflect members of the Common Market for Eastern and contemporar y changes and dynamics in Southern Africa (COMESA). It is equally worth international arena. Whist there are no provision in noting that while the Abuja Treaty of 1993 resolved the ECOWAS Treaty for the admission of new that ECOWAS was one of the five regional groups Member States, however, Article 90 of the 1993 that should constitute the building blocs for the Revised Treaty provides the framework for African Economic Community; and in March 2006, amending and revision of the Treaty. the African Union rationalised the numerous economic communities (RECs) from 14 to 8, so that Like other international instruments such as Treaty each region would have its own „regional and Agreements and Protocols, the Preamble to reference‟, that has not precluded any AU Member the 1993 Revised Treaty justifies the rationale for States from being exclusively tied to one REC. reviewing the Treaty, as it makes it clear that "aware Several of the RECs overlap in membership: for that the review of the Treaty arises, inter alia, from example, in East Africa, Kenya and Uganda are the need for the Community to adapt to the members of both the EAC and COMESA, whereas changes in the international scene in order to derive greater benefits from those changes".² Regarding Western Sahara, the Assembly That it would be laborious process to change the renewed the AU‟s appeal to the Security Council treaty is not a sufficient reason to oppose new for a more proactive approach to the dispute. membership to the organisation. In particular, it called upon the Security Council to endeavour to create conditions that would enable The second argument against Morocco‟s the people of Western Sahara to exercise their application is the incompatibility of the external right to self-determination in line with behaviour of Morocco, especially its occupation international legality and the relevant AU of the Saharawi Arab Democratic Republic decisions, including the AU Plan of Action (SADR), with one of the foundational principles of adopted on 31 August 2009.³ The decision to international law- the use of aggression and admit the SADR into the African Union led annexation of territories. The Moroccan Morocco to withdraw from the OAU immediately. occupation of Western Sahara on 31 October However, in January 2017, after 33 years, Morocco 1975 was in violation of numerous UN and OAU was re-admitted as a member of the AU. resolutions as well as the OAU principle of Presumably Morocco‟s re-admittance opens the intangibility of colonial borders and the ICJ door for constructive engagement and dialogue advisory opinion on Western Sahara. between Morocco and the continental organisation towards finding a lasting solution to In line with General Assembly resolution 2625 the SADR issue. (XXV), which stipulates that no territorial acquisition resulting from the threat or use of The third argument for opposing Morocco‟s force shall be recognised as legal, the UN, the application relates to the perceived threat that OAU/AU and all UN Member States have never Morocco‟s accession to ECOWAS would pose to 29 approved Morocco‟s occupation of Western the regional power status of Nigeria within the Sahara or recognised the legality of its forceful ECOWAS sub-region. Many influential decision annexation of the territory. In accordance with makers such as former Nigeria Foreign Affairs General Assembly resolutions 34/37 (1979) and Ministers, former Secretary General of the 35/19 (1980), Morocco is an occupying power of Western Sahara, and the UN has never recognised it as administering power of the territory.

The AU Assembly of Heads of State and Government, meeting in its Nineteenth Ordinary Session, which was held in Addis Ababa, on 15 – 16 July 2012, adopted the Report of the Peace and Security Council on its Activities and the State of Peace and Security in Africa.

2 ECOWAS Revised Treaty of 1993 – Preambles to the Revised Treaty of the Economic Treaty of the Economic Community of West African States. ECOWAS Commission, Abuja, Nigeria. (pp. 2) 3 Dr Sidi M. Omar (2014), 'OAU/AU and the question of Western Sahara', - extract from http://www.sadr-emb-au.net/oauau-and-the-question-of-western sahara. Downloaded on 22/09/2017. Commonwealth and organisations in Nigeria such sectors. Sectors where Morocco has a comparative as the Manufacturers Association of Nigeria (MAN) advantage relative to many West African countries. and the Association of Retired Career Morocco might be seeking to take advantage of Ambassadors of Nigeria (ARCAN) with a the West African economy – with a population of membership of over 200 retired career about 340 million, West Africa has a GDP of $345 ambassadors have expressed the view that billion, and Morocco already has strong economic allowing Morocco to be a member of ECOWAS and bilateral relations with almost all the 15 would further erode the influence of Nigeria in the countries of the West Africa. sub-region.₄ In other words, Nigeria would lose its „regional super power status‟ if Morocco were to Taking an institutional dimension, and moving be admitted to ECOWAS. This line of reasoning beyond the reasons for opposing or supporting goes against the principle of competition. Morocco‟s membership of ECOWAS, there is a need to ask one fundamental question, of which The international arena is a competitive stage, „Soft Power‟ theory might prove to be helpful in where each Member States has to compete for providing the answer. The question is what power power, prestige and influence. Regional power of attraction and persuasion ECOWAS possess that status is not given and cannot be the preserve of makes it more attractive for Morocco relative to one particular member state for ever, especially if other RECs on the continent? This should be placed that member states is not maximizing its potentials within the context of Tunisia seeking an Observer and opportunities within the sub-region. Given Status and Mauritania wanting to be re-admitted. that competition is the critical driver of Joseph Nye originally coined the term „soft power‟ performance and innovation; paradoxically the in 1990, defining it as the ability of one state to 30 admittance of Morocco to ECOWAS could be change the behaviour of others through the means catalyst for Nigeria to raise its game, re-examine of attraction and persuasion, rather than coercion and reposition its foreign policy postures in West or payment. Africa with a view to extract the best outcomes possible with minimal costs and investment Whereas hard power is about bringing others into relatives to other Member States: new and old. line, soft power is about co-option; not because partners are forced to align, but because they want On the other hand, Morocco‟s decision to join to share the same goals, values and visions, due to ECOWAS could be argued to be part of Morocco‟s their perceived attractiveness.⁵ Nye pointed out economic diplomacy and a rational, calculated and three primary sources of soft power: culture, pragmatic move to advance its economic and political values and foreign policy. national interests beyond its immediate North African frontier. It is worth highlighting that while the soft power model was initially state-centric and premised on This forward expansion of Morocco‟s is an attempt state behaviour and state action, however, Hettne to create a new "North-West Africa" geographical and Soderbaum have noted that the European bloc with the aim of consolidating and expanding Union‟s eastward expansion into the former Soviet Morocco commercial interests in oil and gas, Union Bloc through an attractive economic model banking and insurance and pharmaceutical is an example of soft power⁶. Expanding this

4 Dapo Fafowora (2017), 'Morocco seeks ECOWAS membership', The Nation, Thursday, August 10 2017. 5 Nye, J., (2004) Soft Power: The means to success in world politics, New York, Public Affairs. (pp.5) analysis further, Nielsen noted that, the EU‟s The consolidation of regional market with the historical narrative of peaceful integration adoption of ECOWAS Common External Tariff. To between previously warring states is a significant date, thirteen (13) Member States have source of soft power. implemented the CET. Only two (2) Cabo Verde and Sierra Leone are yet to implement the CET. The reordering of relations between larger and The Free Movement of Goods and Persons with smaller members, make the EU attractive in the the abolition of visa for all Ecowas citizen and the eyes of outsiders; similarly, the prosperity that has adoption of the ECOWAS Biometric Identity Card. sprung from that recasting of relations and some of the concrete achievements of European The ECOWAS Biometric Identity Card is replacing integration, such as the Single Market and the ECOWAS Travel Certificate. Three Member Schengen zone Another potential source of soft States, namely, Senegal, Mali and Niger have power is EU‟s stated commitment to certain already commenced its implementation. normative values, particularly democracy and Ratification and Implementation of the EU- human rights, including a strong emphasis on ECOWAS Economic Partnership Agreement (EPA) women‟s rights.⁷ – 2 Member States (Nigeria and The Gambia are yet to ratify the EPA). The implementation of the Using the soft power as a theoretical framework is Road Map for the creation of the single currency worth narrating that in the past forty-two years, with 2020 set as the deadline. The harmonisation ECOWAS has made significant progress in of all sectorial policies, in particular, in priority consolidating the regional integration process at areas of agriculture, infrastructure energy, the political, economic and institutional levels, education, youth, gender. which possibly make the organisation more 31 attractive to outsiders. Some of these In conclusion, change, as the only constant in life, achievements including normative and agenda has become a universal aphorism. Nonetheless, setting in good governance, peacekeeping and humans are evolutionarily predisposed to resist peacekeeping operations and regional economic change because of the inherent uncertainties and integration, and specifically, they are: unknown risks; hence the opposition to Morocco joining ECOWAS could be seen through this The Promotion of Peace, good governance and „uncertainty and risks‟ perspective. Yet in a democracy, with the adoption of relevant protocols Darwinian sense, organisations and people that and tools on conflict prevention, management and don‟t embrace change are bound to lose ground, resolution. Strengthening of the ECOWAS Early stagnate and move into a state of anomie. With Warning System in Member States, supporting ECOWAS‟s soft power of persuasion and elections monitoring in Member States (Benin, attraction, neither the ECOWAS itself nor its Niger, Cabo Verde and Ghana). Peacekeeping Member States themselves can turn the tide of operation in Liberia and Sierra Leone in the 1990s. wind of change that is blowing in favour of the Recent mediation efforts to end the political crisis organisation to the extent that countries such as in Guinea Bissau, Mali and The Gambia. Morocco, Tunisia and Mauritania are knocking its Strengthening of the ECOWAS Stand-by Force as door for membership. well as the fight against Terrorism, Violent Extremism and the proliferation of small arms and light weapons.

6 Hettne, B. & Soderbaum, F., (2005) 'Civilian Power or Soft Imperialism? EU as a global actor and the role of interregionalism', European Foreign Affairs Review, 10(4) Winter, pp 535-552. 7 Nielsen, L. Kristian, (2013) 'EU Soft Power and the Capability-Expectations Gap' Journal of Contemporary European Research, Vol. 9 (Issue 5), pp. 729 Morocco and ECOWAS: Picking Cherries and Dismantling Core Principles Jibrin Ibrahim

he big issue for the Economic Community of light of the provisions of the Revised ECOWAS 32 West African States (ECOWAS) this Treaty and to submit the conclusions at the next TDecember is whether it would allow itself to ordinary session of the Authority holding this be stampeded into accepting Morocco into its fold December. without thinking through the implications for its core principles and practices. Morocco's Implantation in West Africa Morocco has a long history of engagement with My first concern has to do with acceptance of West Africa that goes back for a millennium. It has democracy and the requirement that all ECOWAS played an important historical role in the members must practice democracy. My second transmission of Islam and has over the centuries concern is that Morocco is a colonial power that maintained networks with movements in has illegally taken over another African country. , Mali, Burkina Faso and Nigeria. How can ECOWAS welcome an imperial power into Commerce between Morocco and West Africa also its fold? It is for these two reasons that I believe has a long history going back to the days of famous ECOWAS should pause and reflect before Moroccan leather exported from Northern positively considering the June 4, 2017 application Nigeria. More recently, Morocco has invested of the Kingdom of Morocco to join ECOWAS. massively in banking, transport and agriculture in Clearly, there was little thinking done at its 51st West Africa. Morocco has become a positive force Ordinary Session of Authority of Heads of States for regional integration in the zone. and Government held in Monrovia, Liberia where Morocco's quest to join the ECOWAS was accepted Nonetheless, it is difficult to make the argument in principle. The Authority had directed the that Morocco could become a logical part of Commission to further reflect on the implications ECOWAS. The organisation was established on of the request from the Kingdom of Morocco in the 28th May 1975 as one of the five regional pillars of the African Economic Community (AEC). “Region” Uganda, Burundi, Rwanda, DRC, Congo, Equatorial in this context was quite clearly the geographical Guinea and so on. Specifically, citizens in West zone of West Africa as defined by Resolution CM / Africa have succeeded in stopping former RES.464 (XXVI) of the OAU Council of Ministers. It presidents - Obasanjo, (Nigeria), Wade (Senegal), would be recalled that the resolution on which the Tandja (Niger), Jammeh (The Gambia) and others Abuja Treaty was based, divided Africa into five from tenure elongation and life presidency. 33 Regional Economic Communities (RECs): West Bringing an absolute monarch into the ECOWAS Africa (sixteen Member States), East Africa could change the trend. (thirteen) Southern Africa (ten Member States) Central Africa (nine Member States), North Africa The Supplementary Protocol on Democracy and (five Member States). Morocco is therefore clearly Good Governance (21 December, 2001) was placed in a different geographical zone. adopted by ECOWAS as a normative framework to Commitment to Democratic Development deepen democracy. It sets out the constitutional West Africa has been undergoing an intense convergence criteria to be fulfilled by Community period of political conflict and transformation over members based on the principles of good the past three decades. It involves a process of governance – respect for the rule of law, the political recomposition under the impulse of separation of powers, the independence of the struggles aimed at combating and reversing the judiciary, the promotion of non-partisan and region's authoritarian past and the construction of responsible mass media and the democratic a democratic future. The on-going struggles are control of the armed forces. It also commits intense and the direction of development is Member States to ensure alleviation, towards the consolidation of democracy. uphold, defend and promote international norms Admitting a monarchy into the region would regarding basic human rights, including the rights create a huge opening for anti-democratic forces of minorities, children, youth and women. The in the region. Let us not forget that West Africa is Protocol on Democracy and Good Governance the only zone in Africa that has succeeded in also advocates for the strict adherence to stopping the current trend on the continent of the constitutional norms in electoral practices that removal of term limits and re-introduction of life reject unconstitutional accession to or presidency that we see currently playing out in maintenance of power and sets the parameters for the conduct of peaceful and credible elections that today fighting Moroccan occupation of their are free, fair and transparent. The Protocol further country. Currently, Morocco is looting the tasks ECOWAS to assist Member States in electoral resources of their colony and using it to matters. provide fertiliser to West African countries it's trying to persuade to allow it access into ECOWAS. Morocco wants to join ECOWAS without having to Although Morocco was re-admitted into the adhere with the constitutional convergence African Union after walking out of the organisation principles in the Protocol. It wants to maintain its for 33 years, it cannot return on its conditionalities present constitutional order and be an exception that the continent accepts its occupation of to the rule that democracy must prevail. It would another country. Morocco is an African country be politically foolhardy to allow such an opening. and can return to the fold. It should however not be When presidents Obasanjo, Tandja, Wade, allowed to do so on its terms of remaining a Jammeh and the others sought to extend their rule, colonialist. the Supplementary Protocol was raised as a It is important to point out the ECOWAS Strategic banner signifying they would not be allowed to do Vision is to transform the region from an “ECOWAS it. The adhesion of Morocco into ECOWAS without of States‟ into an “ECOWAS of the Peoples‟. the rules of the game means there would be no Citizens are therefore the bedrock for the democratic banner to fly in the future. Morocco consolidation of integration. In Morocco, what you should be asked to first democratise its political have are subjects of the King. We cannot have a system and then re-submit its application after two-tier region with citizens on one side and that. subjects on the other. It is important to note that although elections occur in the Kingdom, effective The Occupation of the Saharawi Arab power is with the King. 34 Democratic Republic The other core principle that disqualifies Conclusion Morocco's application is its occupation of the Morocco is seeking for a phased entry into Saharawi Arab Democratic Republic (SADR), in ECOWAS with two important exemptions. The first total disregard to one of the foundational exemption is that it does not want to adhere to the principles of international law - the use of constitutional convergence principles enunciated aggression and annexation of territories. The in the Supplementary Protocol and Democracy Moroccan occupation of Western Sahara in and Good Governance. It is not ready to accept the October 1975 clearly violated numerous UN and core democracy principle in the region. Secondly, it OAU resolutions. It would be recalled that the OAU is insisting the Protocol on Free Movement of was founded on the principle of the intangibility of Persons should not apply to it. In other words, it is colonial borders. The General Assembly Resolution only interested in the free movement of goods – 2625 (XXV), stipulates that no territorial acquisition Moroccan goods into West Africa. By insisting that resulting from the threat or use of force shall be West Africa's two core principles should not apply recognised as legal. Our international and regional to it, Morocco is clearly not sincere in its bodies including the United Nations and the application. Precisely because Morocco is not African Union have not accepted Morocco's ready to join ECOWAS as a “real” member that occupation of Western Sahara or recognised the accepts the values of the organisation, their legality of its forceful annexation of the territory. application should be rejected. Other forms of Morocco is an occupying power and it is currently cooperation with the zone could however be engaged in “pocketbook diplomacy” to legitimise negotiated. its occupation of another African country. We cannot abandon the Sahrawi people, who have been fighting Spanish colonial oppression and are Supported by;