The "Morocco Offer": Selling Occupied Land for Green Hydrogen
In March 2024, the Moroccan government formalized its "Offre Maroc" (Morocco Offer), a comprehensive incentive package designed to position the Kingdom as a global hub for Green Hydrogen. The core of this offer is the earmarking of one million hectares of public land for renewable energy developers. However, a geospatial and political analysis reveals that a vast majority of this land is not in Morocco proper, but located within the occupied territory of Western Sahara. This policy effectively auction off stolen land to foreign consortia to cement colonial control through energy infrastructure.
Analyzing the "One Million Hectares"
The Geographic Deception
The offer explicitly targets the "Three Southern Regions": Guelmim-Oued Noun, Laâyoune-Sakia El Hamra, and Dakhla-Oued Eddahab.
The Reality: While Guelmim is largely within internationally recognized Morocco, the regions of Laâyoune and Dakhla constitute the occupied territory of Western Sahara.
The Data: Independent analysis by watchdogs (such as Western Sahara Resource Watch) indicates that up to 80% of the land allocated for these projects lies outside Morocco’s legal borders. The "offer" is essentially a mechanism to populate the "empty" desert of the occupied territory with permanent industrial settlements.
The "Land Reservation" Contracts
The offer utilizes "preliminary land reservation contracts" to lock in foreign capital. By signing these contracts, foreign companies implicitly recognize Moroccan sovereignty over the land, granting the occupation diplomatic legitimacy. The Moroccan state guarantees the land is "public," ignoring the underlying indigenous land rights of the Sahrawi people.
The Foreign Consortia & Key Players
The "White Dunes" Project (Dakhla)
Status: Confirmed in Occupied Territory.
Consortium: Falcon Capital Dakhla (Moroccan) and HDF Energy (French).
Scope: A massive $2 billion initiative to produce green hydrogen in the Dakhla region. This project is the most brazen example of the offer, as it is located deep inside the territory, utilizing Sahrawi wind to power export terminals.
DAHAMCO (Dakhla)
Status: Confirmed in Occupied Territory.
Consortium: DAHAMCO (Morocco-UAE Joint Venture).
Scope: A large-scale Green Ammonia production facility in Dakhla. This project highlights the growing role of Gulf Capital (specifically UAE) in financing the occupation's infrastructure, filling the gap left by more risk-averse European institutional investors.
TotalEnergies & The "Chbika" Borderline
Status: Border Region (Guelmim-Oued Noun).
Consortium: TE H2 (TotalEnergies + Eren Group), Copenhagen Infrastructure Partners (CIP), and A.P. Møller Capital.
Scope: The "Chbika" project is strategically located in the Guelmim region, just north of the Western Sahara border.
Analysis: While technically north of the border, this project is politically grouped with the "Southern Provinces" development strategy. It allows European majors like TotalEnergies to participate in the "Morocco Offer" while maintaining plausible deniability regarding international law, avoiding the direct stigma of operating inside the occupied zone.
Other Notable Interests
CWP Global: The renewable energy giant has explored large-scale AMUN projects in the Guelmim region.
Adani Group (India): Has expressed interest in Moroccan hydrogen projects, though specific site allocations remain opaque. The entry of Indian conglomerates marks a shift toward non-Western capital that is less sensitive to human rights due diligence.
Legal Analysis: The Illegality of the Offer
Violation of Land Rights
Under the Hague Regulations (Article 55), an occupying power is only a "usufructuary" (caretaker) of public assets. It cannot sell, lease, or radically alter the nature of the land permanently. Earmarking 1 million hectares for 50-year leases constitutes a permanent alteration of the territory’s corpus, violating the laws of occupation.
The "Null and Void" Risk
Contracts signed under the "Morocco Offer" for land in Western Sahara are legally null and void under international law.
Future Risk: If the decolonization process advances or if the Sahrawi Republic (SADR) reclaims authority, these companies will have no legal title to the land. They are buying assets from a seller (Morocco) who does not hold the deed.
CJEU Applicability: As established in the 2024 CJEU rulings, any energy produced on this land cannot legally benefit from EU trade preferences or "Green" certification without Sahrawi consent.
Strategic Implications for U.S. Policy
The "Free Trade" Trap
The U.S. recognizes Moroccan sovereignty (since 2020), but the U.S.-Morocco Free Trade Agreement (FTA) technically excludes Western Sahara. The "Morocco Offer" blurs this line. If U.S. companies (like those in the ORNX consortium) invest in Dakhla, they may seek FTA protections. This forces the State Department to either enforce the exclusion (angering Rabat) or ignore it (violating trade law).
Further Resources and Academic References
"The Morocco Offer" (Official Circular) — The Head of Government’s circular outlining the investment incentives. Government of Morocco
"Dirty Green Energy on Occupied Land" — Investigative report on the specific locations of the proposed plots. Western Sahara Resource Watch (WSRW)
"Green Hydrogen: The New Frontier of Occupation" — Policy brief by the Transnational Institute (TNI).
"Focus on Hydrogen: Navigating Morocco's New Policy" — Legal briefing by Clifford Chance (analyzing the offer without mentioning the conflict). Clifford Chance
Frequently Asked Questions
Is the "Morocco Offer" only for Western Sahara?
No. It covers the whole "Kingdom," but the government openly states that the "most productive" sites (highest wind speeds/solar irradiance) are in the "South." Therefore, the bulk of the 1 million hectares is de facto in the occupied territory.
Why are French companies so involved?
France has historically been Morocco's strongest diplomatic ally. Following a diplomatic rift, France recently reaffirmed support for Morocco's autonomy plan, giving a political "green light" for French state-backed entities (like TotalEnergies and Engie) to re-engage with these sensitive projects.
What is the role of the World Bank?
The World Bank funds solar projects in Morocco (like Noor Ouarzazate) but has historically refused to fund projects in Western Sahara due to its disputed status. The "Morocco Offer" attempts to bypass this by using private capital (Gulf/European) rather than development aid.