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occupied by Morocco. Nevertheless, the admission to Membership of
the AU of the Saharawi Republic, the independence name and style of
the Western Sahara proclaimed by the territory’s leadership in exile, is
significant. It stands as a rejection of Morocco’s occupation as an
attempt at territorial aggrandisement. Morocco’s recent readmission to
the AU does not change this fact. The Organization has not withdrawn
its recognition and admission of the Western Sahara.
All things considered, if the right of self-determination is to be
meaningful, it ought to be placed above that of territorial integrity,
sanctity of colonial borders, and non-intervention. It is psychologically
and, to some extent, legally important to proclaim and uphold these
principles for the purposes of the community of nations and
international peace and security. But in the last resort a legitimate
claim to the right of self-determination, even in a non-colonial setting,
ought to prevail and be valid under international law. As Judge Dillard
strongly asserted in his separate opinion appended to the Advisory
Opinion in the Western Sahara case, it is for the people to determine
the destiny of the territory and not the territory the destiny of the
people. Thus, if human rights ought to be meaningful, they ought to
prevail over territory.