le Parlement espagnol adopte une proposition visant à contrer toute tentative de transfert du contrôle de cet espace
Summary of the Situation Regarding Western Sahara Airspace Control
On Tuesday, the Foreign Affairs Committee of the Spanish Congress adopted a proposal aimed at countering the Spanish government’s potential transfer of control over the airspace of Western Sahara to Morocco. This decision, reported by the Spanish agency EFE, came amid Morocco’s aspirations to manage this strategic airspace, ending their hopes for such a transfer.
Key Details of the Proposal
The proposal, introduced by the Popular Party (PP), passed with 20 votes in favor, 12 against, and 5 abstentions. The PP has expressed strong opposition to any transfer of airspace management and insists that the Spanish government should continue to oversee this area, which has been managed by the public entity ENAIRE under the authority of the International Civil Aviation Organization (ICAO) since 1976. The PP emphasized that maintaining this control is crucial for ensuring safety, stability, and efficiency in air traffic within the region, adhering to international standards.
In their discussions, the committee criticized the Spanish Foreign Ministry for a perceived lack of transparency regarding negotiations with Morocco. However, the ministry did acknowledge ongoing dialogue about potentially handing over airspace management.
Parliamentary Oversight and Concerns
The PP has called for any negotiations with Morocco on this issue to be disclosed to the Congress and subjected to parliamentary debate. They voiced serious concerns about the implications of ceding control over the airspace. The party warned that any such concession without ICAO approval would be a serious violation of international law, essentially recognizing Moroccan claims of sovereignty over Western Sahara—an action fraught with severe diplomatic and legal consequences for Spain and the European Union (EU).
The PP also referenced the European Commission’s confirmation that existing aviation agreements between the EU and Morocco do not extend to Western Sahara. This emphasizes the absence of a clear legal framework for airspace management in the region, suggesting that any attempt to transfer control could lead to conflicts with Brussels and international aviation authorities.
Legal Context
In a relevant ruling, the Court of Justice of the EU (CJEU) had previously determined that the EU-Morocco air transport agreement does not apply to flights originating from an EU member state destined for Western Sahara. This ruling reinforced the distinction between Moroccan territory—where the country’s sovereign powers extend—and Western Sahara, which remains a disputed territory lacking proper representation in international agreements.
The CJEU asserted that including Western Sahara in such agreements would violate international law, particularly the principle of self-determination outlined in the UN Charter. This legal stance illustrates the complexities surrounding the governance of civil aviation in this contested area.
Conclusion
Overall, Spain’s emphasis on retaining control over Western Sahara’s airspace and the legislative push by the PP reflect deep-seated concerns not only about legal adherence and sovereignty issues but also about broader implications for international relations and diplomatic standing in the region. The discussions surrounding potential transfers of airspace management highlight the ongoing geopolitical tensions in Western Sahara and the challenges Spain faces in navigating its colonial legacy. The lack of an effective legal framework and the contradictory claims underscore the intricate dynamics of governance in this territory, raising important questions for Spain, Morocco, and the international community at large.
