Algerian National Committee of solidarity with the Saharawi People (CNASPS)

An international seminar of solidarity with the Saharawi people was held in Algiers on 29-30 June 2002. Organised by the Algerian National Committee of Solidarity with the Saharawi people (CNASPS), this seminar, in which many participants took part from various countries, took as its theme, "Peace and Self-determination in Western Sahara".

It brought together parliamentarians, political personalities, university lecturers, NGO directors,  representatives of committees of support for the Saharawi people from various countries including twelve European countries: Spain, Italy, France, Belgium, Great Britain, Holland,  Denmark, Sweden, Norway, Finland, Slovenia, Hungary, and the participation of a Saharawi delegation led by the President of the Saharawi National Assembly and a large Algerian delegation comprising representatives of civil society, the Algerian parliament and Algerians living in France.

After having examined the origins of the question of Western Sahara and its most recent developments, the participants wished to recall :

• the principle of the right of peoples to determine themselves, the only solution in accordance with article 73 of the United Nations Charter, as defined by resolution 1514 (XV) and 1541 (XV) of the United Nations on 20 December 1960;
• that the territory of Western Sahara is on the list of non-self-governing territories drawn up by the United Nations in 1963;
• that the General Assembly of the United Nations adopted its first resolutions in 1965 calling for the decolonization of the territory by means of a referendum;
• that the question of Western Sahara has since then had its decolonization process frustrated;
• that the United Nations remains seized of the question and that its legal and moral responsibility remains committed to implementing all the pertinent resolutions related to the right of the Saharawi people to self-determination.

The participants also discussed the legal aspects of the settlement of the question of Western Sahara. They reached the following conclusions :

• the legal opinion of the International Court of Justice of 16 October 1975 remains relevant and is part of the legal framework governing the question of Western Sahara. In this opinion, the Court laid down that "The materials and information presented to it do not establish any tie of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian entity. Thus the Court has not found legal ties of such a nature as might affect the application of General Assembly resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory";
• the settlement of the question of Western Sahara must therefore conform in all aspects with this international law (United Nations resolutions and consultative opinion of the International Court of Justice - ICJ), through the implementation of the right to self-determination which can only be expressed through the organisation of a free and fair referendum, free of all constraints;
• the Settlement Plan adopted by the Security Council in June 1991 and accepted by the two parties in the conflict, the Polisario Front and the Kingdom of Morocco as well as the Houston Agreements negotiated directly and accepted in 1997 by these two parties, derive from this process of decolonization since these legal instruments describe the concept of the referendum which is to lead to self-determination where the Saharawi voters will be able to choose, without constraint, between complete independence or integration with Morocco;
• the urgent need to implement the settlement plan and the Houston Agreements by overcoming the artificial difficulties created by Morocco about the definition of the electoral body;
• any other alternative which does not take complete account of the national interests of the Saharawi people will be bound to diverge from international legality, from the doctrine and the practice of the United Nations Organisation in matters of decolonization;
• from this point of view, the Framework Agreement constitutes a flagrant abuse of legal norms which govern questions of decolonization and deprives the Saharawi people of its right to self-determination;
• it is not a question for the Saharawi people of choosing a way to run its territory, in the context of a policy of decentralisation of the occupying power, as suggested in the draft Framework Agreement, but of exercising its inalienable right to self-determination, in the way that other peoples have been able to express themselves on their fate.

Concerning the exploitation of the natural resources of Western Sahara, the participants recalled the principles of international law on the subject as well as the rules developed by the United Nations, recommending the safeguarding of natural resources of a non-self-governing territory.

They referred in particular to the opinion of the United Nations Legal Adviser given on 29 January 2002, confirming the illegality of any exploitation of the wealth of Western Sahara without the consent of the Saharawi people. It would involve a violation of international law as shown in resolutions 48/49 of 10 December 1992 and of 49/40 of 09 December 1994.

In this context, they call on the UN Secretary General to adhere to these documents, to the legal opinion of the UN and to refrain from calling Morocco the administering power, a term which is denied it by UN resolutions and by the UN legal adviser.

The participants emphasised that this legal opinion is very explicit on the fact that the Madrid Accords of 1975 did not transfer sovereignty to its signatories, that the status of Western Sahara as a non-self-governing territory is not affected and that any exploration or exploitation of its natural resources in the territory without the consent of the Saharawi people is contrary to the principles of international law applicable to mineral resources of non-self-governing territories.

In workshops the participants developed different aspects of the Saharawi question on how to take action in favour of the inalienable rights of the Saharawi people.

In closing their work, noting that unfortunately Morocco proving unresponsive to appeals from the International Community is still pursuing its policy of occupation and repression in the territories which it occupies, the participants of the International Seminar in Algiers, determined to pursue and strengthen their support and solidarity for the just struggle of the Saharawi people:

• declare themselves even more ready than in the past to unite their efforts, to widen their networks and develop support on many levels for the Saharawi cause;
• demand a greater vigilance towards the many attempts and manoeuvres to question the UN Peace Plan and to deprive the Saharawi people of their fundamental rights;
• denounce the systematic human rights abuses in the Saharawi occupied territories and call for the strict application of international humanitarian conventions and laws in the Saharawi territories. The world's conscience, the international institutions and NGOs concerned are requested to put an end to this immoral situation;
• denounce the policy of colonisation carried out by Morocco in Western Sahara as well as the illegal exploitation of the wealth of this territory;
• denounce the attitude of certain multinational companies in their enterprises of illegal plunder and despoilment of the resources of Western Sahara.

The participants in the International Seminar in Algiers decided to write to the following to remind them of their responsibilities:

•   the United Nations Secretary General
•   members of the Security Council
•   the President of the European Commission
•   the President of the Council of the European Union
•   the President of the European Parliament
•   the President of the Organisation of African Unity (OAU)
•   the personal envoy of the UN SG, Mr James Baker;

to ask them to act in favour of:

• the strict respect of the resolutions of the United Nations General Assembly on the organisation of a free and fair referendum of self-determination in Western Sahara as well as the implementation of the 1991 decision of the Security Council;
• the immediate stop to human rights abuses in the occupied Saharawi territories and the protection of people and property as well as the assurance of free access to the Saharawi territory by the press and independent observers;
• the immediate suspension of all illegal exploration and exploitation of the resources of Western Sahara.

Meanwhile the participants of the International Seminar in Algiers welcome the accession to independence of East Timor and expressed their great concern about the serious events happening in Palestine. They vigorously  denounce  the military operations and massacres of the Israeli government which is leading to a war of extermination of the Palestinian people. The participants of the International Seminar also denounce the passivity, not to say complicity of certain states and call on the conscience of the world to see a fair and lasting solution implemented, allowing the Palestinian people to live in peace and to establish in their land a free and independent state with El Qods as its capital.   

Finally, the participants would like to thank the members of the Algerian National Committee of Solidarity with the Saharawi People for their hospitality and good organisation of the International Seminar in Algiers which has been crowned with success.

Algiers, 30 June 2002.

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