The recent revelations surrounding the marketing and sale of agricultural products grown in occupied Western Sahara have once again drawn attention to the continued and unlawful exploitation of the territory’s natural resources. On 21 July 2025, the Spanish Federation of Consumers and Users (CECU) and the national farmers’ union COAG lodged a formal complaint with Spain’s Directorate-General for Consumer Affairs, denouncing the mislabelling of cherry tomatoes cultivated in Western Sahara and sold across the European Union as “products of Morocco”.

This case centers on the French-Moroccan agribusiness conglomerate Azura, which operates over 400 hectares of tomato greenhouses in occupied Western Sahara. Despite the region’s legal status as a non-self-governing territory under international law, Azura markets its products throughout the EU including in Carrefour supermarkets in France and Spain  as if they originate from Morocco.

This practice is not only misleading to European consumers and unfair to EU farmers, but it also stands in flagrant violation of international and European Union law.

The Legal Status of Western Sahara

Western Sahara is recognised by the United Nations as a non-self-governing territory, the last remaining colony in Africa. In its landmark 1975 Advisory Opinion, the International Court of Justice (ICJ) ruled that no ties of territorial sovereignty existed between Morocco and Western Sahara, affirming the Saharawi people’s inalienable right to self-determination.

The UN Legal Counsel, in a 2002 legal opinion addressed to the President of the UN Security Council, further clarified that economic activities related to the natural resources of Western Sahara are illegal unless they are conducted with the consent and for the benefit of the Saharawi people. No such consent exists for Azura’s operations, nor for the broader agricultural and extractive industries that Morocco has unilaterally developed in the occupied territory.

EU Court of Justice: Repeated Reaffirmation of the Law

The Court of Justice of the European Union (CJEU) has consistently upheld the legal separation between Morocco and Western Sahara. In its 4 October 2024 ruling, the CJEU declared that the EU-Morocco trade agreement cannot apply to Western Sahara, as the region is “distinct and separate” from Morocco, and because Morocco has neither sovereignty nor administrative authority over the territory.

The ruling further stipulated that products from Western Sahara must not benefit from preferential EU trade tariffsgranted to Moroccan goods. Importantly, in a parallel ruling, the Court decided that fisheries and agricultural products from Western Sahara must not be labeled as Moroccan.

Despite these clear legal judgments, companies like Azura continue to operate under a veil of deception and impunity, misleading both retailers and consumers and enabling Morocco’s entrenchment of occupation through economic normalization.

Carrefour’s Involvement and the Expanding Occupation Economy

In response to public criticism, Carrefour stated that it “complies with its product labelling and traceability obligations” and is open to implementing regulatory changes. However, such responses ring hollow without immediate and transparent enforcement of the EU’s own legal standards.

It is alarming that while Western Sahara’s legal status remains unresolved, the region is being further integrated into Morocco’s export infrastructure. Projects like the Engie-led desalination plant in Dakhla, which aims to increase irrigated land in the area fivefold, indicate a long-term strategy by Moroccan authorities to consolidate control over the territory through economic colonization.

According to trade data, Morocco has now overtaken Spain as the EU’s second-largest tomato supplier, with exports to the EU growing 17.7% in volume in 2024 alone. A significant portion of these exports are sourced from greenhouses illegally constructed in occupied Western Sahara.

Adala UK’s Position

Adala UK unequivocally condemns the ongoing exploitation of Western Sahara’s natural resources without the free, prior, and informed consent of its indigenous people. The organization calls upon all relevant actors governments, corporations, and civil society to respect the sovereignty and rights of the Saharawi people, as enshrined in international law and upheld by the UN and international courts.

We emphasize that respect for Saharawi self-determination is not only a legal obligation but also a moral imperative. Any economic activity or trade involving resources from Western Sahara must be fully transparent and conditional on the consent and benefit of the Saharawi people, represented by the Polisario Front.

Conclusion: An Obligation to Uphold the Law

The ongoing exploitation of Western Sahara’s natural resources without the consent of its people is a grave breach of international law, one that undermines the Saharawi people’s right to self-determination and rewards illegal occupation.

Adala UK calls on:

• The European Union to immediately enforce the rulings of its Court of Justice.
• Retailers like Carrefour to cease the sale of mislabelled products originating from occupied Western Sahara.
• National governments to take diplomatic and legal measures to ensure compliance with international law.
• Consumers and civil society to stand in solidarity with the Saharawi people and demand corporate accountability.

Western Sahara is not part of Morocco. No economic activity conducted in the territory can be lawful unless the Saharawi people, represented by the Polisario Front, give their free, prior, and informed consent. Until then, any foreign corporation or government participating in or facilitating such activities bears responsibility for supporting the illegal occupation of Western Sahara.

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