The African Union and Western Sahara

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Among the member States of the African Union, we find the Republic Arab Saharawi Democratic. By contrast, Morocco is not a State party and did not ratify the African Charter on Human and People’s Rights as well as the Protocol establishing the Court.

In January 2012 the African Union adopted Executive Council Decision EX.CL/Dec. 689 (XX) asking the African Human Rights Commission to carry out a mission to the occupied territory of the Sahrawi Arab Democratic Republic, with a view to investigating human rights violations. The Commission required permission to the Moroccan authorities for safe passage to the Occupied Territory but they did not answer to the Commission’s requests. As a consequence, the Commission was able to visit only the refugee camps near Tindouf in the South of Algeria from 24 to 28 September 2012. The results were published in the following report: ACHPR report on fact-finding mission to the SADR.

The African Union and the RASD


The Republic Arab Saharawi Democratic accessed the African Union on 27 December 2000. As a Member State of the OUA, it accessed also the African Charter on Human and People’s Rights on 2 May 1986.

In accordance with Article 62 of the African Charter, the Republic Arab Saharawi Democratic is required to submit every two years to the African Commission on Human and Peoples’ Rights a report on the legislative or other measures taken to give effect to the rights and freedoms set forth in the Charter.

Until today the Republic Arab Saharawi Democratic submitted its initial and first periodic report in 2002 and the second periodic report in 2011.



The African Commission has evaluated only the first 2002 report and has elaborated the following conclusions: Achpr_conc_Saharawi_2003.

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