Francesco M. Bastagli
Former Special Representative of the Secretary-General for
Western Sahara
STATEMENT
First of all, I wish to join the previous speakers in expressing
my appreciation to the South African Department of Foreign
Affairs and the University of Pretoria for their gracious hospitality.
In providing a prestigious venue for the consideration of one of the
most worthy causes confronting Africa today they have shown commendable
vision and commitment.
Before I address the substance of today’s topic, let me add a general
remark. You will hear me express severe criticism of the United
Nation’s handling of the Western Sahara issue. Having left the
Organization, I do so in the conviction that in Western Sahara the UN
is failing to fulfill some of its most basic obligations. It is because
I care deeply for the principles enshrined in the Charter that I raise
publicly these concerns after it proved impossible to make them
understood and addressed during my tenure in Western Sahara. My
criticism, however, does not extend to the Organization in general and
I do not agree with the sweeping judgments made by some of the previous
speakers.
Ladies and gentlemen,
More than 70 countries today recognize the government of the Saharawi
Arab Democratic Republic as the legitimate representative of the
Saharawi people. At the same time, 33 years after Morocco’s invasion,
hardly anyone has recognized the illegal occupation of Western Sahara.
In the rarefied world of international governance, declarations and
resolutions continue to be adopted in support of the unconditional and
inalienable right to self-determination of the Territory.
Yet, to this day, Western Sahara remains the last unresolved
decolonization issue in the whole of Africa. The gap between
international legality and political expediency remains as wide as
ever. Realpolitik is invoked to justify the failure to impose on
Morocco compliance with fundamental tenets of international law and
justice. As a shroud for arrogance and unbridled force, Realpolitik
undermines the very foundation of equitable international relations. A
key purpose of institutions like the United Nations is to promote
common standards for the management of world affairs. These standards
must be based on universal principles of fairness and legality. It is
both regressive and irresponsible for anyone - and particularly
international officials and diplomats - to invoke Realpolitik as the
guiding consideration in addressing international challenges. Further,
in the case of Western Sahara Realpolitik too often stands for keine
Politik, or no policy at all. Ever since Morocco’s rejection of the
Baker plan in 2003, deliberate neglect, and not Realpolitik, is the
expression that best describes the international community’s behaviour.
Ladies and gentlemen,
Such neglect is reflected in the lack of progress towards
self-determination. But there is also a related, fundamental obligation
that the international community, and the UN in particular, have failed
to fulfill. Chapter XI of the UN Charter recognizes that, pending the
attainment of self-government, the interests of the inhabitants of
non-self-governing territories are paramount. Article 73 lists
commitments ranging from human rights protection to institution
building to social and economic development. It is a grave
responsibility of both the General Assembly and successive
Secretaries-General – the custodians of the UN Charter – that all, I
repeat all, these commitments have been smothered in a conspiracy of
silence.
UN bodies debate the future of a faceless people, without the essential
ingredients of responsible decision-making. There is no independent
information and analysis on the concerns and needs of the Saharawis
under Moroccan occupation. There is no advocacy; no one at the UN
speaks out on human rights violations or on the illegal plundering of
natural resources. The performance of the UN Secretariat in this
respect wavers between the embarrassing and the insulting. There is no
social or economic assistance except for some hand-to-mouth relief for
those in the camps.
For too long the United Nations has been staring into the crystal ball
of a stalled political process while ignoring its obligations under the
Charter. This must change. Contrary to all other territories, de facto
for Western Sahara there is no legitimate administering Power to
fulfill the “sacred trust” cited in the Charter. Pending
self-determination, the United Nations is duty-bound to make this
sacred trust its own.
Ladies and gentlemen,
The Secretary-General and concerned UN agencies should be asked to:
(i) Secure
independent information on the health, education, and economic and
social conditions of the Saharawis, whether they live in the Territory
or in the refugee camps. Governance and human rights issues must also
be independently monitored.
(ii) Transmit as appropriate the information and
related analyses to United Nations and other intergovernmental bodies
concerned.
(iii) Advocate the basic human and economic rights of
the Saharawi people. Initiatives that undermine the pursuit of an
equitable solution should be discouraged or denounced.
(iv) Formulate and implement a programme of
assistance to the Saharawis in pursuit of article 73 of the Charter and
the numerous General Assembly mandates in favour of non-self-governing
peoples. Beneficiaries would be the people from the former Spanish
Sahara whether under Moroccan occupation or in refugee camps.
There is no time here to enter into details on how to go about
this. Specific and workable proposals, however, exist. They are
based on successful precedents in situations similar to that of Western
Sahara and can be made available to those interested.
Ladies and gentlemen,
The current hands-off approach is at times justified by the desire to
avoid any initiative that may jeopardize political progress. After
decades of inconclusive UN involvement, one must wonder whether the
ambiguities that characterize the behaviour of both UN Member States
and the Secretariat towards Western Sahara have proved a handicap,
rather than an asset, in the search for a fair and lasting solution. By
filling the current gap of information, advocacy and assistance, the
international community would show to hundreds of thousands Saharawis
that it honors its obligations not with empty words but with deeds. At
the same time, it would break a stifling routine by providing a more
informed and open decision-making environment for the political process.
Ladies and gentlemen,
The latest, somewhat unimaginative, formula to try and move forward
this process is to engage the parties in direct negotiations. So far
the POLISARIO and Morocco have met four times with little results. It
is too early to consider this a dead end; probably the new Personal
Representative of the Secretary-General will want to continue the
face-to-face discussions. There is a real danger, however, for the two
parties to become captive of this formula, as neither of them can
afford unilateral withdrawal from the talks, while the stalemate
continues and positions harden. This lack of promise points again to
the need for the involvement of other international actors. Indeed,
there are frequent discussions about the views of this or that
permanent member of the Security Council or other key, mostly European,
governments. But what can one say about Africa? Most of the countries
that recognize the SADR are African. This continues to be an important
expression of solidarity. Further, the African Union played a very
constructive role up to the time voters were registered for the
referendum. However, following the collapse of that process in 1996,
the AU relinquished responsibility for Western Sahara to the UN
Security Council. And, sadly, the AU presence in Laayoune today is even
less relevant in either political or practical terms than that of the
United Nations.
Ladies and gentlemen,
The time has come for African countries, individually and collectively,
to take a fresh look at the challenge of Western Sahara’s
self-determination and to confront it with renewed passion and
commonality of intents. This is not meant to substitute for the
Security Council. Rather, it is an invitation to revive in the Council,
and in all other venues concerned, that active presence that Africa so
often had in earlier years. The reasons for this appeal are many.
First, it is increasingly urgent for the international community to
fulfill its obligations towards the Saharawi people. This urgency is
dictated by the need to uphold international legality, protect basic
human rights, prevent conflict and ensure regional stability. Indeed,
with the current emphasis on conflict prevention in Africa it is
surprising to note how Western Sahara does not feature prominently as a
priority concern for the African Union and regional fora. Second, as
mentioned, the long-standing failure of the Security Council and the UN
in general highlights the need for new ideas and a broader engagement.
This requires, however, moving beyond mere expressions of solidarity.
We need viable, specific proposals for action by the international
community. Third, millions of people throughout Africa still carry in
their eyes and in their hearts the vivid memories of the indignities of
colonialism and foreign domination. How could they and their leaders
neglect this, the last noble cause of decolonization and
self-determination in the continent? An increasingly proud and
self-reliant Africa should not, and must not, leave Western Sahara
behind.
Pretoria
December 5, 2008
[ARSO HOME]
[Summary Conference Pretoria
2008]