Human rights accountability in Western Sahara: responsibility without recognition

Andrea Maria Pelliconi and Jed Odermatt

Chapter 14 in Human Rights Accountability of Non-Universally Recognised States and State-Like Entities, 2026, pp 301-328 from Edward Elgar Publishing

Abstract: This chapter examines human rights accountability in Western Sahara with a particular focus on non-recognised and partially recognised actors. While existing legal scholarship largely centres on Morocco's obligations as an occupying power and the denial of the Sahrawi people's right to self-determination, less attention has been paid to the human rights responsibilities of the Sahrawi Arab Democratic Republic (SADR) and Front Polisario in the territories and refugee camps under their control. The chapter distinguishes between Moroccan-occupied territory and areas administered by SADR/Front Polisario, including Sahrawi camps in Algeria, exploring obligations under international human rights instruments and mechanisms, the decisions of the Court of Justice of the European Union, the implications of SADR's membership of the African Union and its participation in the African human rights system, alongside domestic constitutional guarantees. The chapter argues that, despite contested statehood and overlapping jurisdictions, there is no legal vacuum in relation to human rights accountability in Western Sahara.

Keywords: Western Sahara; Morocco; Self-determination; Human Rights; Recognition; International law (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365128
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