La Cour africaine des droits de l’Homme et des peuples a rendu jeudi un arrêt, dans lequel tous les Etats membres de l’Union africaine (UA) sont appelés à trouver une solution permanente à l’occupation marocaine du Sahara occidental et assurer la jouissance du droit à l’autodétermination du peuple sahraoui.
La Cour affirme dans sa décision que “tous les Etats parties à la Charte (africaine des droits de l’Homme et des peuples) et au Protocole (à la Charte africaine des droits de l’Homme et des peuples), ainsi que tous les Etats membres de l’UA, ont la responsabilité, en vertu du droit international, de trouver une solution permanente à l’occupation et d’assurer la jouissance du droit à l’autodétermination du peuple sahraoui et de ne rien faire qui puisse reconnaître cette occupation comme légale ou entraver la jouissance de ce droit”.
Elle réitère également que “le droit à l’autodétermination, prévu à l’article 20 de la Charte, impose à tous les Etats parties l’obligation internationale de prendre des mesures positives pour assurer la réalisation de ce droit, notamment en prêtant assistance aux peuples opprimés dans leur lutte pour la liberté, et en s’abstenant de se livrer à des actions incompatibles avec la nature ou la pleine jouissance de ce droit”.
La Cour des droits de l’Homme rappelle le préambule de la Charte de l’UA, dans lequel il est clairement indiqué que les Etats parties sont “conscients de leur devoir de libérer totalement l’Afrique dont les peuples continuent à lutter pour leur indépendance véritable et leur dignité et s’engageant à éliminer le colonialisme, le néocolonialisme, l’apartheid, le sionisme, les bases militaires étrangères d’agression et toutes formes de discrimination, notamment celles fondées sur la race, l’ethnie, la couleur, le sexe, la langue, la religion ou l’opinion politique”.
A cet égard, elle relève que compte tenu du fait qu’une partie du territoire de la République arabe sahraouie démocratique (RASD) est toujours occupée par le Maroc, “il est incontestable que les Etats parties à la Charte ont individuellement et collectivement une obligation envers le peuple de la RASD, celle de protéger ses droits à l’autodétermination, en particulier en lui prêtant assistance dans sa lutte pour la liberté et de s’abstenir de toute reconnaissance de l’occupation marocaine et de dénoncer la violation des droits de l’Homme qui résulterait de cette occupation”.
Bien que le Maroc ait toujours revendiqué le territoire qu’il occupe, ses prétentions n’ont jamais été acceptées par la communauté internationale, poursuit la Cour, rappelant l’avis consultatif de 1975 de la CIJ (Cour internationale de justice) qui déclare ne relever aucun élément permettant d’établir un quelconque lien de souveraineté territoriale entre le territoire du Sahara occidental et le Maroc.
Elle souligne que l’occupation continue de la RASD par le Maroc est “incompatible” avec le droit à l’autodétermination du peuple de la RASD, tel que consacré par l’article 20 de la Charte de l’UA, et constitue une “violation” de ce droit, prévenant que l’admission du Maroc “est susceptible d’être contestée pour incompatibilité avec l’Acte constitutif de l’UA”.
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