Carlos Ruiz Miguel: « France has not yet recovered from its defeat in Algeria! »

Prof. Carlos Ruiz Miguel. D. R.

Mohsen Abdelmoumen: You are a lawyer; a professor of constitutional law and you know the Western Sahara issue very well. You are doing very important work in understanding this issue. Historically, did the Western Sahara ever belong to Morocco? How do you explain the lies of the feudal Moroccan kingdom, which keeps claiming that the territory of Western Sahara has always belonged to it?

Prof. Carlos Ruiz Miguel: This question was clearly answered by the international Court of Justice in its advisory opinion delivered on 16th October 1975.
The Court said explicitly that Morocco NEVER had sovereignty over the Western Sahara. Some tribes, actually the most important tribes (Reguibat and Oulad Delim) were always independent. Other tribes (Tekna) who were nomads in the north-western part of the Territory lived between Morocco and the Western Sahara and to sell their products in the markets in Southern Morocco had to pledge allegiance to the sultan of Morocco, but when they came back to the Western Sahara, they ignored the sultan.

You have stated that the Spanish government’s change of position on the Western Sahara was a violation of Article 97 of the Spanish Constitution. Can you explain why?

The change of the Spain’s position has been taken by the Prime Minister (Presidente of the Government). However, the foreign policy is NOT a competence attributed to the Spanish Prime Minister by Article 97 of the Constitution, but to the Government where the Prime Minister is just ONE of its members. The Government has NEVER voted this change.

How do you explain France’s reversal in favour of Morocco’s autonomy plan, despite the fact that France is a member of the UN Security Council? Isn’t the French position contrary to international Law?

Certainly, France’s position contained in the letter sent by Presidente Macron to Mohamed VI is contrary to the International Law, but the vote in France in the Security Council in October 2024 is NOT consistent to Macron’s position and is still in line with the International Law.

In your opinion, why is the world turning a blind eye to the Moroccan regime’s illegal occupation of Western Sahara?

It is not the « world » who turn a blind eye, but some powers who back Morocco: France and USA clearly and Israel, who is extremely influential over the USA.

Why has the UN failed to organise a referendum on self-determination for the Saharawi people? What is really at stake in the Moroccan occupation of Sahrawi territory?

The UN failed to organise a referendum because the Security Council with France and USA in it has not allowed to take measures against Morocco’s refusal to comply with its international engagements.

What is your analysis of the latest ruling by the European Court of Justice on the EU-Morocco agreements?

In my opinion those rulings (because they are three, not just one, rulings) are a full victory of the people of Western Sahara and the POLISARIO Front. We could just consider one circumstance: the Court has sentenced the EU Commission and the EU Council to pay all the procedural expenses made by the Polisario Front. Such a decision is only taken when one party (the POLISARIO in this case) wins totally a case against those who are obliged to pay the costs (EU Commission and EU Council in this regard).

We saw the Marocgate scandal that shook the European institutions with the systematic corruption practised by the Moroccan regime against European politicians. In your opinion, why are Moroccan officials not on trial for these misdeeds, as well as European politicians? In view of this scandal, can we still talk about the democratic functioning of the European institutions?

Several reasons seem to provide an explanation to this situation. First of all, some judges seem to have renounced to continue the investigations that they have launched: bribed, blackmailed? Second, it seems that some European governments have negotiated with Morocco to « freeze » the investigations. In exchange of what?

In your opinion, shouldn’t the Polisario bring a civil action to defend the Saharawi people, whose wealth has been plundered for decades?

After the three rulings delivered by the EU Court of Justice, the way is open to suit the EU and ask for compensations regarding the implementation of the agreements declared contrary to the EU Law. The decision to take this step is a political one where the Polisario should balance many circumstances.

My country, Algeria, has always supported just causes, in particular the cause of the Sahrawi people and that of the Palestinian people. How do you explain the relentless and almost daily attacks on my country by the Moroccan regime?

The Moroccan attacks against Algeria, in my opinion, have two different sources. First of all, Morocco dreams to take away from Algeria the North Africa leadership. Second, Morocco plays as a France tool. France has not forgotten, nor pardoned Algeria for France’s defeat in the Algerian Liberation war.

You have written a very important book to help us understand what is really at stake in the Sahrawi issue: “El Frente Polisario: Desde sus orígenes hasta la actualidad” (The Polisario Front, from its origins to the present day). Given that the Saharawi issue is still dragging on at the UN, which is unable to organise a referendum, don’t you think that the armed option is the only alternative for the Saharawi people to liberate their territory?

The war is not necessary the only neither the first option, in my view.
The procedures before the EU Court of Justice show a different alternative. I don’t dare to say which is more effective nor which one should be given the priority.

Shouldn’t the companies, especially Western ones, that took part in the plundering of Western Sahara’s wealth with the Moroccan occupier be condemned?

At this stage, the companies who operated in Western Sahara under the frame of the EU Agreements could argue that they operated in the legal frame. However, from now on, if they continue to operate there, they risk a plaint of the POLISARIO which might lead to condemn them.

Interview realized by Mohsen Abdelmoumen

Who is the Professor Carlos Ruiz Miguel?

A Spanish lawyer, Professor Ruiz Miguel teaches constitutional law at the University of Santiago de Compostela since 2001. He also was a Jean Monnet professor of the European Commission.

He has written more than 10 books and dozens of academic articles, many of which relate to the Western Sahara. These include ‘El Sahara Occidental y España: historia, política y derecho: análisis crítico de la política exterior española’ (Western Sahara and Spain: history, politics and law: a critical analysis of Spanish foreign policy). More recently, he co-authored ‘El Sahara Occidental. Prontuario jurídico. 15 enunciados básicos sobre el conflicto’ (Western Sahara. A legal reminder. 15 basic statements on the conflict), a reference work in the study of the conflict. He is also director of the Centre for Western Sahara Studies at the University of Santiago de Compostela. He is one of the academic references on the Western Sahara conflict.

Published in French in Algeriepatriotique: https://www.algeriepatriotique.com/2024/12/08/carlos-ruiz-miguel-la-france-na-pas-encore-digere-sa-defaite-en-algerie/