With Sahrawi gaffe, President Ruto faces his first diplomatic dilemma

President of Kenya William Ruto addressing judges and judiciary staff during the Swearing-in ceremony of six Judges at Statehouse in Nairobi on September 14, 2022 [David Gichuru, Standard] While hope and grandeur painted Moi International Sports Centre Kasarani on September 13, newly inaugurated President William Ruto plunged into a diplomatic howler. Not having recognised some dignitaries, he stepped back onto the plinth to face an ecstatic crowd. "With a lot of apology, I have been informed that in our midst we have other friends who I did not mention. Allow me to introduce ... the President of Sahrawi Republic, his excellency Brahim Ghali." President Ruto announced. And there goes a blistering diplomatic gamble. First, the recognition of Sahrawi, formally the Sahrawi Arab Democratic Republic (SADR), as an independent State has been contested since 1975. Israel and United States, for instance, deem Sahrawi as Morocco's sovereign territory. Secondly, while over 41 UN member States recognise Sahrawi as an independent State, Sahrawi itself is not a UN admitted member. Thirdly, whereas Sahrawi is an African Union member State, her membership led to Morocco's protest withdrawal from the African body until 2017. A day post his inauguration, President Ruto revoked Kenya's recognition of Sahrawi as an independent State after receiving a congratulatory message from Morocco's King Mohammed VI. "Kenya rescinds its recognition of the SADR and initiates steps to wind down the entity's presence in the country," Ruto tweeted, adding that Kenya supports the United Nations framework as the exclusive mechanism for addressing the Sahrawi dispute. Confusion deepened as the tweet revoking Sahrawi's recognition was deleted. Meanwhile, the president met Nasser Bourita, Morocco's Foreign Minister and noted that Kenya is accelerating relations with Morocco on trade, agriculture, health, tourism and energy. Genesis of Sahrawi's non-recognition Western Sahara (Sahrawi) is a disputed territory, sparsely-populated, mostly desert, along Africa's Northwest coast. Formerly colonised by Spain, Sahrawi was invaded and occupied by Mauritania and Morocco in 1975. Through the Madrid Accords, Spain unilaterally withdrew from its colony and 'handed' over the administration of Sahrawi territory to Morocco and Mauritania. By invading Sahrawi's territory, Morocco and Mauritania violated the 1975 International Court of Justice (ICJ) declaration that neither Mauritania nor Morocco has territorial sovereignty over Sahrawi. Similarly, the UN did not recognise the Madrid Accords. A 2002 opinion of the UN Office of the Legal Affairs clarified that colonising States have no authority to hand over a country to other States. In 1976, Polisario Front, the only legitimate representative of the Sahrawi people recognised by the UN, founded Sahrawi Arab Democratic Republic (SADR) as an independent State. Three years later, Mauritania signed a peace treaty with the Polisario Front, withdrew from occupied Sahrawi and recognised the SADR. Morocco annexed the Mauritanian part of the territory that had been relinquished by Spain, ushering in a protracted contestation between Sahrawi people and Morocco. The UN framework referenced by President Ruto while rescinding the recognition of Sahrawi recommended a referendum on the status of the territory, proposing independence, autonomy or integration of Sahrawi with Morocco. This referendum stalled due to a dispute between the Polisario Front and Morocco over who is eligible to vote on the status of the territory. Recognition of a State Who, therefore, determines the recognition of a State as a sovereign entity? Some objective legal criteria exist, articulated in the provisions of public international law. Specifically, the Montevideo Convention on the Rights and Duties of a State. These rights and duties qualify a State to enjoy an international legal personality. One, existence of a permanent population able to demonstrate meaningful territorial ties to Sahrawi. Two, the presence of a defined territory. While the existence of competing territorial claims by other States or political entities does not undermine claims of Statehood, recognition and acceptance by other States influence how Sahrawi is regarded. Three, an established central government operating as a political body within the law of the land. Finally, an independent and sovereign government with the capacity to enter into international relations with other States. Within its territory, Sahrawi shouldn't be subject to the authority of another State. Given the criteria, is President Ruto justified to recognise and de-recognise Sahrawi in a rapid succession of events as witnessed? Implications of Kenya's 'neutral' policy While some argue that the president's handling of the matter has been a ramble and sheer hodge-podge, others aver otherwise. Kenya is possibly dangling a neutral policy standpoint, which in the conduct of foreign policy, is still a strategic endeavour, provided national interests are projected and protected. Foreign policy is a game of interests, after all. In fact, the more than 20 presidents said to have attended President Ruto's inauguration weren't at Kasarani for a photo shoot, they were there because of loaded interests. President Ruto's leadership on this diplomatic gaffe faces a noteworthy test.

With Sahrawi gaffe, President Ruto faces his first diplomatic dilemma

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