CANADIAN LAWYERS ASSOCIATION FOR INTERNATIONAL HUMAN RIGHTS
ASSOCIATION DES JURISTES CANADIENS POUR LE RESPECT DES DROITS DE LA PERSONNE DANS LE MONDE
CLAIRH/AJCRDPM
251 Laurier Avenue West, suite 204
Ottawa, Canada K1P5J6
tel.: (613) 233-0398
fax: (613) 233-0671
WESTERN SAHARA: A CRISIS UNRESOLVED
|
"The world cannot go to war every time a despot grabs a piece of land. But if principles are to be invoked on those occasions when the seizure is resisted--in Kuwait or in the Falklands--then they should not be forgotten on the other occasions. The democratic world should not tacitly accept the actions of Morocco and Indonesia in their stolen territories. It should press, at a minimum, for a fair referendum in each." The Economist, (January 29, 1996) |
Written Submission to:
Sub-Committee on Human Sustainable Development of the
Standing Committee on Foreign Affairs and International Trade
March 1997
|
"The Committee affirms that human rights, good governance
and democratic development are universal values that should
find central expression in Canadian foreign policy,
influencing and guiding other areas of policy. Canada should
seek to promote the global respect of these values through a
wide range of instruments, including dialogue and programs
of co-operation." |
The Western Sahara is the last colony in Africa. The territory, in the north-west corner of the continent, was colonized in the last century by Spain. Despite international condemnation, it has been occupied by its neighbour Morocco since 1975.
Canada has been lauded for its leadership roles in such places as Zaire, Somalia, and Rwanda. However, we have become a passive observer to the Western Sahara conflict. This conflict undermines democracy, basic human rights, and the rule of law, all cherished values in Canada.
The people of the Western Sahara have not yet been permitted to exercise their undisputed right to self-determination. The long-promised referendum to allow the people of Western Sahara to choose between independence or integration with Morocco has never been held. Regrettably, this is the case today, despite:
The rule of law is eroded if nations can claim their support for human rights and self-determination, but at the same time allow the status quo in the Western Sahara to continue in violation of international law.
Today, the dispute is over who is eligible to vote in the referendum. UN-supervised voter identification began in 1994 but was halted in May 1996 because of disagreement over voter eligibility criteria. A small UN force remains in the region, but without a referendum in sight, there is a growing risk that armed conflict will resume. This creates further instability in the already troubled Maghreb region. The status quo is untenable -- it condemns the people of the Western Sahara to harsh conditions in refugee camps in the desert of Algeria or to continued occupation by Morocco for those who remain in the Western Sahara territory.
The UN Security Council, the General Assembly, and then-Secretary General Boutros Boutros-Ghali have all called for direct talks. The Canadian Lawyers Association for International Human Rights (CLAIHR) believes that direct talks between the parties are what is needed. But direct talks can succeed only if they are closely monitored, for example by a contact group of nations working with the parties to peacefully overcome their impasse. Such international scrutiny and engagement will help ensure that the people of Western Sahara exercise their right to a free and fair referendum in accordance with international law.
|
"Canada's history as a non-colonizing power, champion of
constructive multilateralism and effective international
mediator, underpins an important and distinctive role among
nations as they seek to build a new and better order." |
Canada's respect for democracy, human rights, the rule of law, and our proud and significant involvement in international organizations including the United Nations give credence to Canadian involvement in this conflict. In addition, Canada's development assistance programs, the export credit programs of the Export Development Corporation (EDC), involvement in la Francophonie and the Commonwealth, Canadian initiatives with respect to fighting apartheid, and forgiving the debts of a number of African countries have proven that Canada has the ability to make a difference in Africa.
We are aware that the protection of democracy, the rule of law, and human rights are prerequisites for international economic growth and development. Canada's distinctive role in the world places us in an excellent position to take action to help resolve the conflict in the Western Sahara. We invite you, as Committee Members entrusted with Canada's relations with the world, to:
The briefing is divided into the following parts:
1. CLAIHR and our Western Sahara Initiative (WSI);
2. The Western Sahara Conflict;
3. Legal and Human Rights Issues; and
4. "The Way Forward" -- Suggestions for Constructive Involvement.
1. CLAIHR AND THE WESTERN SAHARA INITIATIVE
The Canadian Lawyers Association for International Human Rights (CLAIHR) is a non-profit, non-governmental organization, established to promote and protect human rights internationally through the use of law and legal institutions.
In 1994, CLAIHR established the Western Sahara Initiative (WSI). It is designed to:
- help ensure, through legal analysis and greater international scrutiny, that a free and fair referendum takes place in the Western Sahara.
CLAIHR's WSI has made significant accomplishments in the past year. We have been in contact and shared information with Canadian government officials, other governments, academics, and interested stakeholders. Furthermore, we have involved law students from across Canada in legal research on the issues, thereby adding to our expertise and increasing awareness among our future legal community.
Most recently, a representative of CLAIHR, Larry Thacker (Partner in one of Canada's leading law firms--Davies, Ward and Beck) completed a fact finding mission, led by Lord Christopher Winchilsea (Member of the British House of Lords). The mission took place from February 24th to March 4th 1997. This fact finding mission travelled to the refugee camps in Algeria. CLAIHR intends to organize a further mission to the Western Sahara later this year. Mr. Thacker will present his findings to the Sub-Committee on March 12th.
(For further information on CLAIHR and our Western Sahara Initiative please see Appendix A)
2. THE WESTERN SAHARA CONFLICT
BACKGROUND
The right of the people of the Western Sahara to self-determination is well established. The issue that remains is how should it be exercised or if it will be exercised at all. In 1965, UN adopted resolution 2072 calling on Spain to implement the right to self-determination for the people of Western Sahara. Spain, however, resisted compliance with the UN resolution. However, in 1974, after armed conflict with the liberation movement, known as the POLISARIO Front, Spain ceded somewhat to the pressure. A census was conducted in preparation for the referendum but the referendum never took place.
That same year, Morocco and Mauritania publicly asserted historical claims to the region. They persuaded the UN to ask the International Court of Justice (ICJ) for an Advisory Opinion on their claims. The ICJ Advisory Opinion (1975) dismissed the claims and held in favour of the right to self-determination for the people of the Western Sahara. In response to this decision, Morocco began the "Green March" moving 350,000 of its citizens into Western Sahara as a means of advancing their army and establishing control of the region.
As a result, many of those living in Western Sahara at the time were forced to flee their homes to refugee camps near the Algerian border. The continuing military confrontation forced the refugees to move to the desert of south-west Algeria. There were initially three refugee camps, each named after a city in Western Sahara; Smara, Dhakla and El Aaium. A fourth camp, Auserd, later formed."
While the "Green March" was taking place, Spain, Morocco and Mauritania secretly negotiated the Madrid Accords, dividing control of the region. The Madrid Accords gave two-thirds control of the northern area to Morocco and Mauritania took control of the remaining one-third in the south. In addition, Spain and Morocco agreed on exclusive rights to exploit the phosphate deposits with Spain retaining a thirty-five percent interest.
On February 26, 1976, Spain officially ended its control of the region in accordance with the Madrid Accords. The very next day, the POLISARIO Front proclaimed the Western Sahara as an Independent state, to be known as the Saharawi Arab Democratic Republic (SADR) and formed a government in exile. Over seventy countries have given official recognition to the SADR.
The next major event followed in 1979 as Mauritania signed a Peace Agreement with the POLISARIO Front renouncing all claims to the region. However, the area was immediately annexed by Morocco. Therefore, since the 1980's the conflict is essentially between two parties: Morocco and the POLISARIO Front.
ATTEMPTS TO RESOLVE THE CONFLICT
The Organization of African Unity (OAU) and the United Nations have both adopted numerous resolutions calling for the people of Western Sahara to exercise their right to choose between independence or integration with Morocco. In 1983, the OAU proposed a peace plan that involved the cooperation of the UN. Two years later, the UN initiated a joint mission of good offices with the OAU in an attempt to resolve the dispute.
Through the efforts of the UN and OAU, Morocco and the POLISARIO Front negotiated a peace plan agreement between 1988-1990. The parties agreed to a cease-fire and a referendum was to be held in January 1992. The body responsible for administering the peace plan, The United Nations Mission for a Referendum in Western Sahara -- MINURSO, was on the ground in 1991. It is 1997, and still no referendum has been held. Canada provided Canadian Forces personnel to MINURSO in 1991, but pulled out of the operation on June 30, 1994, before the job was complete.
The main point of contention remains the voter identification process. The settlement proposals established an original basis for eligibility based on the 1974 census carried out by Spain. Shortly after the peace proposals were signed, Morocco moved at least 40,000 people into the infamous tent cities in Western Sahara. This was contrary to the peace plan which stipulated that no one move into the territory until after they had been identified as an eligible voter.
In addition, Morocco argued that over 100,000 of its citizens not on the original census, should be allowed to participate based on its interpretation of tribal connection to the area. In 1994, MINURSO personnel finally began to hold identification sessions for voter applicants. However, this process ground to a halt with the United Nations Security Council formally suspending the identification process in May 1996.
Since May 1996, there have been signs of progress. The United Nations continues to extend MINURSO's mandate every six months. There is evidence that the parties have engaged in direct talks and there is increasing pressure from the international community to ensure that a timetable for a referendum be established. The new UN Secretary General, Kofi Annan, announced that the UN will continue to find a solution to the conflict.
While recognizing the difficulties ahead, Secretary General Annan, in January 1997, stated: "The political situation in Western Sahara is totally paralyzed, in part because of the difficulties of the identification process. But the UN will continue to seek for the renewing of dialogue and for a political solution to the problem."
(For further information on the Western Sahara Conflict please see Appendix B)
3. LEGAL AND HUMAN RIGHTS ISSUES
RIGHT TO SELF-DETERMINATION
|
"Every people...has a right to choose the sovereignty under which they shall live...no peace can last, or ought to last, which does not recognize and accept the principle that governments derive all their just powers from the consent of the governed, and that no right anywhere exists to hand peoples about from sovereignty to sovereignty as if they were property." (Woodrow Wilson) |
The right to self-determination for the people of Western Sahara has long been established in international law, but it has never been put into practice.
This right has been established through the principles contained in the UN Charter, the 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples, the numerous resolutions adopted by the UN and OAU, the 1975 International Court of Justice Advisory Opinion, and the agreement by the parties between 1988 and 1990 recognizing a procedure for the people of Western Sahara to exercise their will.
(For further information on the established right to self-determination, please see Appendix C)
INTERNATIONAL VOTING STANDARDS
CLAIHR is very concerned about deviations in the referendum process from the standards of international law. These standards are not found in any one convention signed by states. Rather they are found in customary international law drawn from state practice in elections and referenda.
Guy Goodwin Gill, an international law expert, describes several international standards for a free and fair electoral process and we would like to focuss on the two which are most applicable to the problems encountered in the Western Sahara process. First, election managment and secondly voter registration. The former requires that the electoral process be independently and impartially administered. The latter requires the system of voter registration be accurate and secure and widely accepted as authoritative and legitimate. There must be transparency in the process.
a) Election Management
The settlement proposals provide that the referendum is to be conducted by the UN, specifically, by the Special Representative of the Secretary General in cooperation with MINURSO. During the transitional period, which was to begin after the cease fire, the Special Representative was to have authority over all matters in the territory relating to the referendum including the power to suspend local laws and regulations that could impede the conduct of a free and equitable vote. This unusually broad authority was groundbreaking for the UN.
One would assume that since the UN had the power to administer and control the process, that independent and impartial management would not be an issue. However, the transitional period has never been proclaimed and therefore the Special Representative has had none of the significant powers that were envisaged. More significantly, MINURSO has been criticized, both within and outside the organization, for having totally relinquished control over the process. Such problems represent a marked departure from international standards and bring into question the independence and the impartiality of referendum management.
b) Voter Registration
In the period that Voter identification took place between 1994 and 1996, only 60,000 of an estimated 230,000 eligible voters were identified. One reason for suspension of the process was disagreement over the criteria for eligible voters with Morocco interpreting the criteria more broadly and the POLISARIO Front defending a narrow interpretation. The problem in the registration process has not been confined to disagreements over the eligibility criteria. The process itself lacked transparency with issues such as refusals to publish voter lists arising frequently.
If the process is to resume successfully, the referendum management and the voter registration must respect international norms and standards.
FURTHER HUMAN RIGHTS VIOLATIONS
Western Saharans Living in the Refugee Camps in Algeria
An estimated 80,000 people of the Western Sahara, mainly women, children, and the aged, have been living in refugee camps which have been in existence for the past twenty years. These refugees live in tents, in the harsh desert environment with extremes of temperatures, frequent sandstorms and occasional shortages of water, making living conditions extremely difficult. The survival of the camps is based on the fact that everyone works for the "cause". No one receives a salary but rather a payment in kind is provided, including food and shelter. The refugee camps, once seen as a temporary means of escaping the armed conflict, have housed an entire generation born after 1975.
Human Rights Watch Middle East conducted a fact-finding mission in 1995 to investigate the human rights situation in the region. The mission concluded that the living conditions in the refugee camps were "harsh" and described the location of the camps as "remote and desolate". Furthermore, the mission observed that the people in the camps suffered nutritional deficiencies caused by an unbalanced diet, particularly a lack of fresh vegetables. Other problems in the camps include high rates of certain medical conditions, for example rheumatism, and a lack of medical supplies.
Western Saharans Living in the Moroccan-Controlled Western Sahara
The people living in the Moroccan-Controlled Western Sahara are subject to Moroccan law. In Morocco, both the law and tradition prohibit criticism on three topics: the monarch; the sanctity of Islam; and Morocco's claim to the Western Sahara.
The Human Rights Watch mission found evidence of arbitrary arrests, incommunicado detention, and allegations of torture during detention. In addition, there are hundreds of cases of individuals who disappeared up to the start of the Moroccan invasion in 1975 that remain unanswered. The police and the paramilitary authorities carefully monitor those suspected of supporting independence.
|
Kelthoum el-Ouanat is currently serving a 20-year prison
term after being arrested in October 1992 following a
demonstration supported Saharawi independence. Prior to her
trial, she was held in secret detention for up to 10 months
during which time she reportedly was beaten, tortured, and
sexually abused. |
Prisoners of War Held by the POLISARIO
It is reported that there were over two thousand prisoners of war held by the POLISARIO Front. Many of these prisoners have been captured for over twenty years. They live in cramped, remote quarters in the harsh desert climate. These POWs report ill-treatment by POLISARIO Front guards, inadequate food and long hours of compulsory and unpaid work, in violation of international standards.
In 1989, POLISARIO released 184 elderly, ill and disabled Moroccan POWs on humanitarian grounds. Morocco declined to take these prisoners back. The treatment of these prisoners violates the basic norms of humanitarian law.
4. THE WAY FORWARD: SUGGESTIONS FOR CONSTRUCTIVE INVOLVEMENT
|
" [N]o one back in Canada noticed that a country that provided troops for 29 years in Cyprus couldn't manage even three years in this corner of Africa [i.e. Western Sahara]. And no one will, unless the fragile peace process breaks down again and real bloodshed follows. And then we'll all blame the Africans and feel virtuous." Ottawa Citizen, Editorial (July 12, 1994) |
The status quo in the Western Sahara is, simply put, unjust and unstable. The continued occupation of the Western Sahara without any concrete plan to hold a free and fair referendum is unacceptable. It is unfair to the people affected, damaging to the rule of law and exacerbates the conflict in the region. Canada must work with the international community to translate the principle of self-determination, established over twenty years ago in the case of Western Sahara, into reality.
Greater international scrutiny of the process and engagement by nations will encourage the parties to hold direct talks to resolve the conflict. This will also ensure greater transparency of the process which, in turn, will help ensure that the parties adhere to an agreed process that complies with international law.
In support of a peaceful resolution to this conflict, we recommend that the Sub-Committee on Sustainable Human Development and the Standing Committee on Foreign Affairs and International Trade undertake the following actions:
1. Contact Group for Western Sahara
2. Parliamentarians Working Groups
Work with other parliamentarians in Canada and around the world to:
3. Support to Non-Governmental Organizations
Support the work of Non-Governmental organizations including:
4. Monitoring and Annual Review of Canadian Policy towards the region
Monitor and annually review Canadian policy towards the region to:
Engagement by the international community, including Canada, is what we need at this time. Increased scrutiny and attention on the process may encourage the parties to participate in direct talks and will also increase the transparency and fairness of the referendum process. It has been more than twenty years since the International Court of Justice affirmed the right of the people of the Western Sahara to self-determination. It is up to Canada to become engaged in this issue and ensure that the right to self-determination for the people in Western Sahara becomes a reality.
CLAIHR AND THE WESTERN SAHARA INITIATIVE
CLAIHR's role arises out of the need that exists for ongoing work in the cause of human rights in general and out of the particular importance of the law in achieving human rights. Recognition of fundamental human rights is essential to the inherent dignity of the individual and is the foundation of freedom, justice and peace in the world.
|
CLAIHR
|
In 1994, CLAIHR established the Western Sahara Initiative:
|
Western Sahara Initiative is designed to: - help ensure, through legal analysis and greater international scrutiny, that a free and fair referendum takes place in the Western Sahara. |
The objectives of the project are:
RECENT ACCOMPLISHMENTS:
THE WESTERN SAHARA CONFLICT
The territory of the Western Sahara is 284,000 square kilometres in size, about one tenth the size of Algeria, half the size of France and just a little smaller than Italy. It is bordered to the North by Morocco, by Algeria to the East, Mauritania to the South East and the Atlantic Ocean to the West.
In 1884, the territory was colonized by Spain in accordance with the Berlin conference that divided Africa between the colonial powers. While many African countries gained their independence in the 1950's and 1960's, Spain refused to allow the people of Western Sahara to determine their future political independence. The question of self-determination for Western Sahara was first put on the agenda of the United Nations General Assembly in 1965. In that year, the UN General Assembly passed resolution 2072 calling on Spain to implement the Saharawi's right to self-determination.
In 1966, the UN General Assembly adopted resolution 2229 reaffirming the right of self-determination of the people of Western Sahara and described how the process was to be implemented. Between 1967 and 1973, a further six resolutions were adopted echoing the 1966 resolution. The General Assembly and the Security Council have reinforced the people of Western Sahara's established right to self-determination by continuously passing such resolutions on the question of Western Sahara.
The people of Western Sahara have not remained passive in their call to exercise their established right to self-determination as the UN General Assembly and Security Council pass their resolutions. The people of Western Sahara created an anticolonial organization, the Frente Popular para la Liberacion de Saguia el-Hamra y Rio do Oro--POLISARIO Front--in May 1973. Shortly after its creation, armed conflict with Spanish garrisons began. At the same time, Morocco and Mauritania were publicly asserting historical claims to the territory. Spain initially agreed to hold a referendum to let the people of Western Sahara decide their political future but later pulled back as the UN, at the request of Morocco, asked for an advisory opinion from the International Court of Justice (ICJ).
In 1975, the ICJ Advisory Opinion held in favour of the right to self-determination for the people of Western Sahara. The day after the Advisory Opinion was handed down, Morocco began what is known as the "Green March". They moved 350,000 of its citizens into the Western Sahara as a means of advancing their army and establishing control of the territory. Reassured by continued French and U.S. military assistance and by strong domestic support from its political parties and the population at large, Morocco continued to strengthen its military position in the occupied territory.
While the "Green March" was taking place, Spain, Morocco, and Mauritania secretly negotiated an agreement on control of the region. The tripartite talks concluded in the signing of the Madrid Accords on November 14, 1975. The Accords divided control of the Western Sahara into two; the northern two thirds to Morocco and the southern one third to Mauritania. In addition, Spain and Morocco agreed on exclusive rights to exploit the phosphate deposits with Spain retaining a thirty-five percent interest.
On February 26, 1976 the Spanish colonial mandate came to an end and Morocco and Mauritania took over in accordance with the Madrid Accords. The day after Spain withdrew, the POLISARIO Front proclaimed Western Sahara as an independent stae, to be known as the Saharawi Arab Democratic Republic (SADR) and formed a government in exile. Over 70 Countries have officially recognized the SADR.
The "Green March" resulted in tens of thousands of people from the Western Sahara fleeing their homes to refugee camps on the east border. Most of the men immediateley joined the army leaving the women, children, and the aged in the camps. As the military confrontation continued, the refugees were forced to move to the desert of southwest Algeria. Here they were organized into three camps, each named after a city in Western Sahara; Smara, Dhakla and El Aaiun refugee camps. A fourth camp, Auserd, was later formed. The camps are located south of the oasis town of Tindouf.
ATTEMPTS TO RESOLVE THE CONFLICT
|
"The world cannot go to war every time a despot grabs a piece of land. But if principles are to be invoked on those occasions when the seizure is resisted--in Kuwait or in the Falklands--then they should not be forgotten on the other occasions. The democratic world should not tacitly accept the actions of Morocco and Indonesia in their stolen territories. It should press, at a minimum, for a fair referendum in each." The Economist, (January 29, 1996) |
As time passed during the 1970s, the international community became passive to the conflict while the Morocco and the POLISARIO Front continued their armed struggle. The next major event in the conflict occured in 1979 when Mauritania signed a peace agreement with the POLISARIO Front. The peace agreement renounced all claims by Mauritania to the Western Sahara. In response, Morocco declared the Accord null and void and sent troops to control the Mauritanian sector of Western Sahara. Fighting in the territory between POLISARIO Front and Moroccan troops escalated in the following years. The first real signs of a possible resolution to the conflict did not occur until the late 1980's.
In 1983, the Organization of African Unity (OAU) adopted a resolution for a Peace Plan on the Western Sahara. The Peace Plan advocated the involvement of the United Nations to ensure that the proposed Peace Plan be implemented successfully. The Secretary General, in co-operation with the Chair of the OAU, initiated a joint mission of good offices in 1985. Three years later, the joint efforts resulted in agreement in principle between the POLISARIO Front and Morocco to "the settlement proposals". This document contained proposals for a just and definitive solution in conformity with General Assembly resolution 1514 (XV). The plan included a cease-fire and the holding of a referendum with the voter roll based on the Spanish census.
On June 27, 1990, the Security Council adopted resolution 658 (1990) approving the report of the Secretary General which contained the full text of the Settlement Proposals and how those proposals were to be implemented. The Settlement Proposals, also referred to as the Peace Plan, provided that the referendum be conducted under the direction of the Special Representative of the Secretary General. In addition, it created a military and administrative body to oversee the process known as the United Nations Mission for the Referendum in Western Sahara, MINURSO. Its mandate is to implement the cease-fire, conduct the voter identification process, and oversee the referendum.
The Settlement Proposals provided for the following: a) appointment of an independent jurist who would ensure the release of all political prisoners and detainees; b) establishment of an Identification Commission responsible for reviewing the 1974 census and updating it; and c) the establishment of the Referendum Commission responsible for the organization and conduct of the referendum. MINURSO officially went into operation in May 1991. It was anticipated that the operation would be complete within a year with a referendum to be held in January 1992. It is 1997, and still the exercise of a free and fair referendum has not taken place.
The major obstacle to a referendum remains the voter identification process. The Settlement Proposals established an original basis for eligibility for participation in the referendum based on the 1974 census of the Western Sahara population carried out by Spain. This census was composed of about 74,000 names. After the initial Settlement Proposals were signed, the parties agreed to updated the list by: a) removing the names of those who have died and; b) considering applications from persons who claim the right to participate in the referendum on the grounds that they were omitted from the 1974 census.
It was under the second criteria that Morocco argued that 120,000 (almost twice the number in the original census) of its own citizens not in the original 1974 census be allowed to participate based Morocco's interpretation of tribal connections to the area. The POLISARIO Front rejected any expansion of the electorate arguing that it would lead to a manipulated referendum.
In an apparent effort to advance the process, then-Secretary General Perez de Cuellar unilaterally suggested a compromise criteria that had the effect of expanding eligibility in December, 1991. The parties did not agree on the interpretation of these expanded criteria but eventually agreed in 1994, to begin the identification process.
MINURSO commenced the process with those applicants over which there was no disagreement. However, this process ground to a halt with the United Nations Security Council formally suspending the identification process in May 1996. The Secretary General stated, "until such time as both parties provide convincing evidence that they are committed to resuming and completing it without further obstacles, in accordance with the settlement plans, the identification process would be suspended. The voter identification process has lacked transparency and has not lead to an accurate list satisfactory to both parties.
In addition to the problems of the voter identification process, there were problems with MINURSO itself. Criticism of MINURSO has come from both within and outside the organization, for having totally relinquished control of the process. For example, shortly after the Settlement Proposals were signed, Morocco moved at least 40,000 people into the infamous tent cities in Western Sahara. This was contrary to the agreed provisions that no one move into the territory until after they had been identified as an eligible voter. MINURSO was ineffective in countering this action.
Ambassador Frank Ruddy, former Deputy Chairperson of MINURSO's Identification Commission, has exposed other problems with MINURSO's management of the referendum. Ambassador Ruddy noted that Morocco refused MINURSO the required permission to buy space in Moroccan newspapers in order to inform voters about the process; that Morocco ordered the removal of UN flags from the Identification Centres; and that Morocco controlled access to the Identification Centres.
The UN Secretary General, Kofi Annan, announced that the UN will continue to find a solution to the conflict. In a statement made in Geneva in January 1997, he stated: "The political situation in Western Sahara is totally paralysed, in part because of the difficulties of the identification process. But the UN will continue to seek for the renewing of dialogue and for a political solution to the problem."
RIGHT TO SELF-DETERMINATION FOR THE PEOPLE OF WESTERN SAHARA
|
Article 1 (2) To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace. |
The legal basis of the claim to self-determination for the Western Sahara is entrenched by the 1960 United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples, General Assembly Resolution 1514 (XV) of 14 December 1960. This Declaration has been widely accepted as an authoritative statement reflecting international norms. The relevant articles of the Declaration state:
|
Declaration on the Granting of Independence to
Colonial Countries and Peoples 1) The subjection of peoples to alien subjugation, domination and exploitation constitute a denial of fundamental human rights, is contrary to the Charter of the United Nations and is an impediment to the promotion of world peace and co-operation. 2) All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 5) Immediate steps shall be taken, in Trust and Non-Self-Governing Territories or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom. |
If there was any doubt that the people of Western Sahara had a legal right of self-determination, this was removed by the 1975 International Court of Justice Advisory Opinion.
The Court was asked by the United Nations, on the request of Morocco, to render an opinion on the following questions:
1) Was Western Sahara terra nullius, ie. terrritory belonging to no one, at the time of colonization by Spain?
2) If the Western Sahara was not terra nullius at the time of the Spanish Colonization, what were the legal ties between the Western Sahara and (a) Morocco, and (b) the Mauraitanian Entity?
The decision was delivered in October, 1975 where the Court held
that Western Sahara had not been terra nullius before Spanish
colonization began in 1884. With respect to question 2, the Court
held that there were legal ties between Western Sahara and Morocco
& Mauratania at the time of Spanish colonization; The Court,
however, concluded the following:
|
International Court of Justice: Advisory Opinion Neither Morocco nor the Mauritanian entity had demonstrated the exercise of sufficient authority within the Western Sahara at the time of Spanish colonization to support a claim of territorial soveriegnty. |
The court clearly held that the people of Western Sahara have the right to self-determination through a free and genuine expression of the will of the people established under the application of resolution 1514 (XV) of 1960.
[About Human
Rights,] [Western Sahara Homepage]