(2018) 2 African Human Rights Yearbook 71 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 The Organization has not withdrawn its recognition and admission of the Western Sahara.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.

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