WESTERN SAHARA
Statement:
The situation in Western Sahara is a war of national liberation in exercise of the right to self-determination.
Background:
Western Sahara was administered by Spain until 1976. Since the withdrawal of Spain, and in spite of a ruling by the International Court of Justice, Mauritania (until 1979) and Morocco have attempted to annex Western Sahara by force. The Saharan people (Sahrawis) have defended themselves with their armed forces, the Frente Popular para la Liberación de Saguia el-Hamra y de Rio de Oro (POLISARIO Front). Their war against Morocco has continued unabated since about 1979, with Morocco receiving much military aid from the United States. In the course of the hostilities, there have been thousands of Sahrawi refugees sheltered in Algeria. The Moroccan forces are distinguished by their brutality and nearly total disregard for international humanitarian law standards.
In its 1975 decision, the International Court of Justice affirmed the right to self-determination of the Saharan people. The UN General Assembly has continually condemned the occupation of Sahara by Morocco. The Organization of African States attempted to mediate the dispute, but talks collapsed after the OAU recognized the Sahrawi Arab Democratic Republic (SADR). A settlement plan was reached in 1990, which mandated a cease-fire followed by a transitional period during which the UN would help prepare for a referendum on independence or integration into Morocco.
Problems in registering qualified voters have caused repeated delays in referendum preparations. Morocco wanted the vote to be extended to all people who live in the area, while POLISARIO maintained that only those registered before Spain left should be given the right. The Sahrawis are currently a minority in their own country because of the large number of Moroccan settlers that the government has encouraged to move into Western Sahara, and because many of the refugees are still in camps in Algeria. Settlers receive government bonuses, assistance in finding housing, and subsidized commodities.
Morocco has carried out a campaign to encourage Sahrawis to support its regime, with promises of $300/year state salaries and low-cost or free housing, but this policy has not drawn substantial Sahrawi immigration into Morocco. In Morocco’s November 14, 1997 parliamentary elections, 17 seats were designated for the Sahrawi people.
Current Situation:
Due to disagreements between Morocco and the POLISARIO Front over the identification and registration of voters, the referendum has been postponed yet again and is now scheduled for 2002. An accord was reached on voter registration in September 1997 under which tribal chiefs are to help the UN identify native residents. Close to 100,000 people are now approved to vote. The UN is limiting registration to those who were part of the population census of 1974 or their relatives, but the inclusion of certain individuals from Moroccan-based tribes might allow whole Moroccan tribes to vote. Over 80,000 people are appealing their registration rejections.
The 1991 cease-fire has been holding, but MINURSO has observed some violations as well as military preparations assumed to be in preparation for when the peacekeepers depart. UN and MINURSO personnel indicate that Morocco uses harassment and obstruction to prevent the referendum, and since the cease-fire, Morocco has sent tens of thousands of settlers. Some observers doubt Morocco will ever willingly leave. Moroccan Prime Minister Abderrahmane Youssoufi has stated that, “whether the referendum takes place or not, [Western Sahara] will remain an integral part of Morocco.” Early in 1998, the Moroccan interior minister sent all Moroccan governors a letter with suggestions on how a Moroccan can “become Sahrawi” in order to register to vote in the referendum. The UNHCR expects about 120,000 refugees to return to vote, and as they will pass through unmarked minefields, in January 1998, the Security Council appointed engineers to clear the anti-personnel mines in Western Sahara. Also unresolved is the fate of prisoners of war, including about 2000 Moroccans held by POLISARIO, some for as long as twenty years. POLISARIO released 191 prisoners in November 1999. Many Sahrawi who have opposed the government of Morocco’s policies are in Moroccan-controlled prisons or have disappeared. Torture of these prisoners is widely alleged. Thousands of Sahrawis live in refugee camps along the border with Algeria.
In March 2000, the Security Council postponed a “special session” (closed door), and it is thought that the session might take place after the latest round of diplomacy at the hands of UN Special Envoy James Baker. May 2000 talks in London with POLISARIO and Morocco were also attended by Mauritania and Algeria, but failed to resolve the issues. Secretary-General Kofi Annan met with the Moroccan king in mid-June, and now a second round of talks between the parties is planned for the end of June 2000.
UN Action:
The Western Sahara Case, 1975 Int’l Court of Justice Reports 12.
MINURSO (UN Mission for the Referendum in Western Sahara (9/91-present)).
SC Res 1292 (2/29/2000).
SC Res 1301 (5/31/2000). SC Res 1282 (12/14/99).
SC Res 1263 (9/13/99). SC Res 1238 (5/14/99).
SC Res 1235 (4/30/99). SC Res 1232 (3/30/99).
SC Res 1228 (2/11/99). SC Res 1224 (1/28/99).
SC Res 1215 (12/17/98). SC Res 1204 (10/30/98).
SC Res 1198 (9/18/98). SC Res 1185 (7/20/98).
SC Res 1163 (4/17/98). SC Res 1148 (1/26/98).
SC Res 1133 (10/20/97). SC Res 1131 (9/29/97).
SC Res 1108 (5/22/97). SC Res 1084 (11/27/96).
SC Res 1056 (5/29/96). SC Res 1042 (1/31/96).
SC Res 1033 (12/19/95). SC Res 1017 (9/22/95).
SC Res 1002 (6/30/95). SC Res 995 (5/26/95).
SC Res 973 (1/13/93). SC Res 907 (3/29/94).
SC Res 809 (3/2/93). SC Res 725 (12/31/91).
SC Res 690 (4/29/91). SC Res 658 (6/27/90).
SC Res 621 (9/20/88).
GA Res 54/87 (12/6/99).
GA Res 53/64 (12/3/98). GA Res 52/75 (12/10/97).
GA Res 51/143 (12/13/96). GA Res 51/2 (10/17/96).
GA Res 50/36 (12/6/95). GA Res 49/44 (12/9/94).
GA Res 48/49 (12/10/93). GA Res 47/25 (11/25/92).
GA Res 46/67 (12/11/91). GA Res 45/21 (11/20/90).
GA Res 40/50 (12/2/85).
Comm Res 2000/2.
Comm Res 1999/4. Comm Res 1998/5.
Comm Res 1997/5. Comm Res 1996/6.
Comm Res 1995/7. Comm Res 1994/6.
Comm Res 1993/17. Comm Res 1992/18.
Comm Res 1991/5. Comm Res 1990/4.
Rpt S-G (S/2000/131). Rpt S-G (S/2000/461).
Rpt S-G (S/1999/1219). Rpt S-G (S /1999/721).
Rpt S-G (S/1999/307). Rpt S-G (S/1999/61).
Rpt S-G (S/1998/997). Rpt S-G (S/1998/849).
Prog Rpt S-G (S/1998/775). Rpt S-G (S/1998/634).
Prog Rpt S-G (S/1998/534). Rpt S-G (S/1998/404).
Rpt S-G (S/1998/316). Rpt S-G (S/1998/35).
Rpt S-G (S/1997/882 & Add.1). Rpt S-G (S/1997/742 & Add.1).
Rpt S-G (S/1997/358). Rpt S-G (S/1997/166).
Prog Rpt S-G (S/1994/1420 & Add.1). Rpt S-G (A/48/426).
Rpt S-G (S/25818). Rpt S-G (S/24464).
Rpt S-G (S/23299). Rpt S-G (S/21360).
Rpt S-G (S/22464 & Corr.1). Rpt S-G (A/46/589).
Rpt S-G (A/45/644 & Corr.1).
(Reports address Morocco but not necessarily Western Sahara.)
Reports of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples:
A/45/23 & Corr.1; A/46/23, A/48/23 (Part V), A/49/23 (Part V).
Reports of the Working Group on Enforced or Involuntary Disappearances:
E/CN.4/1990/13; E/CN.4/1992/18; E/CN.4/1993/25; E/CN.4/1994/26; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34; E/CN.4/1998/43; E/CN.4/1999/62; E/CN.4/2000/64.
Reports of the Working Group on Arbitrary Detention:
E/CN.4/1993/24; E/CN.4/1994/27; E/CN.4/1995/31 & Add.1; E/CN.4/1996/40/Add.1; E/CN.4/1997/Add.1; Dec No 4/1996.
Reports of the Special Rapporteur on Torture:
P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17; E/CN.4/1993/32.
Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1996/35 & Add.1; E/CN.4/1999/61; E/CN.4/2000/9.
Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Execution:
S. Amos Wako: E/CN.4/1991/36; E/CN.4/1992/30.
Bacre Waly N’diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61; E/CN.4/1996/4.
Asma Jahangir: E/CN.4/1999/39 & Add. 1.
Reports of the Special Rapporteur on the Elimination of Religious Intolerance:
Angelo Vidal d’Almeida Ribeiro: E/CN.4/1992/52.
Abdelfattah Amor: E/CN.4/1995/91 & Add.1.
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