Facts:
Formerly Western Sahara was a colony of Spain. In 1975 the International Court of Justice ruled that the people of Western Sahara were entitled to self-determination including independence. That same year a UN mission determined that the people of Western Sahara were "categorically" for independence and opposed to the territorial claims on Morocco and Mauritania. But when Spain pulled out in 1976 it divided the territory between Morocco and Mauritania. Polisario, formed in 1973 to oppose Spanish colonialism, rejected this action and declared the Saharawi Arab Democratic Republic (SADR). Much of the population of Western Sahara fled the territory to Polisario run refugee camps in Algeria.
Polisario, which had led an armed struggle Spain, turned its military efforts against Morocco and Mauritania. In July1978 there was a coup in Mauritania. Two days later Polisario declared a unilateral cease-fire with Mauritania. In 1979 Mauritania formally abandoned its claim to Western Sahara. Morocco immediately asserted a claim for the portion of Western Sahara previously claimed by Mauritania.
A United Nations General Assembly resolution in 1980 stated clearly that the issue of Western Sahara is one of self-determination. The resolution "Reaffirms the inalienable right of the people of Western Sahara to self-determination and independence" and expresses "deep concern… at the aggravation of the situation prevailing in Western Sahara because of the continued occupation of that Territory by Morocco."
The question of Western Sahara was first on the agenda of the United Nations General Assembly in 1965, a time in which Morocco was an independent state. The argument for the liberation of the territory was based - as in so many analogous cases - on the UN General Assembly Resolution 1514 (XV) of 1960, the Declaration of the Granting of Independence to Colonial Countries and Peoples. The 1965 resolution set the tone of the many resolutions subsequently passed on the Sahara question, both by the UN General Assembly and by other international gatherings, especially the Non-Aligned Conference and the Organization of African Unity.
In 1966, The U.N. ratified the inalienable right of the Saharawi people to self-determination. Morocco and Mauritania support the right of the people of Western Sahara to self-determination and independence at meeting of the UN Special Committee on Decolonization (June); the OAU Council of Ministers adopts its first resolution on Western Sahara, calling for the "freedom and independence" of Western Sahara (October-November); for the first time the UN General Assembly adopts a resolution calling for self-determination to be exercised through a referendum.
In 1974 , December 13, the United Nations General Assembly passed a resolution (No. 3292) requesting "the International Court of Justice, without prejudice to the application of the principles embodied in General Assembly resolution 1514 (XV), to give an advisory opinion on the question of Western Sahara.
In 1975, A UN visiting mission tours the country, witnessing unprecedented pro-Polisario demonstrations (May 12-19) and later reporting that the overwhelming majority of Saharawis want independence and reject the territorial claims of Morocco and Mauritania. The Mission reported:
"It became evident to the Mission that there was an overwhelming consensus among Saharans within the Territory in favour of independence and opposing integration with any neighbouring country....The Mission believes, in the light of what it witnessed in the Territory, especially the mass demonstrations of support for one movement, the Frente Polisario..., that its visit served as a catalyst to bring into the open political forces and pressures which had previously been largely submerged. It was all the more significant to the Mission that this came as a surprise to the Spanish authorities who, until then, had only been partly aware of the profound political awakening of the population."
The ICJ holds its sessions in The Hague on the Western Sahara problem (June 25-July 30) and ruled that the people of Western Sahara were entitled to self-determination including independence, (October 16). The court ruled “the Court's conclusion is 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 UN Security Council meets and asks Kurt Waldheim to consult all interested parties (October 20 and 22) he visits Spain, Morocco, Mauritania and Algeria, discussing the possibility of transferring administration of Western Sahara temporarily to the UN (October 25-28).
Negotiations open in Madrid between Spanish, Moroccan and Mauritanian officials (Nov. 12), culminating in the signing of Madrid Agreement (Nov. 14).
The UN General Assembly adopts two resolutions advocating UN involvement in an act of self-determination (December 10)
In 1982, OAU admits SADR as a full-fledged member and in 1984 the OAU adopts resolution of AHG104 that will be the base of UN Peace Plan calling for self-determination for the Saharawi people.
In 1988 Morocco and Polisario accept UN peace plan for which in 1990 the UN Security Council resolutions 158/90 and 160/90 contain the Settlement Plan for Western Sahara, and referendum set for Jan 1992 and in 1991 Ceasefire begins, monitored by the UN but in direct violation, Morocco sends thousands of settlers to the territory and attempts to block the referendum process by forcing the UN to accept them as voters.
1992 Referendum delayed following disputes about who is eligible to vote.
1994 Start of identification of voters, a process later stopped by Morocco
1996 UN suspends registration of voters blaming Morocco for problems.
1997 Deadlock broken following talks in Houston (Houston Agreement) chaired by James Baker, former US Secretary of State.
1998 Referendum set for 7 December. Suspended after further disagreements.
1999 First voting lists published (more than 86 000 voters) and in December - referendum on independence or integration into Morocco?
2000 Failure of negotiations between Polisario Front and Morocco in London and Berlin.
2001 Tension mounting in region. Referendum has been delayed 12 times and in 2003 Morocco rejected the last possible chance for a just solution when refusing the James Baker Plan II that offers autonomy for years followed by a referendum.
Besides the obstacles put by Morocco in front of the organization of a fair and just Referendum, it engaged itself into illegal exploitation of the Natural Resources of Western Sahara, the UN made it clear in this regard:
“The foregoing legal principles established in the practice of States and the United Nations pertain to economic activities in Non-Self-Governing Territories, in general, and mineral resource exploitation, in particular. It must be recognized, however, that in the present case, the contracts for oil reconnaissance and evaluation do not entail exploitation or the physical removal of the mineral resources, and no benefits have as of yet accrued. The conclusion is, therefore, that, while the specific contracts which are the subject of the Security Council's request are not in themselves illegal, if further exploration and exploitation activities were to proceed in disregard of the interests and wishes of the people of Western Sahara, they would be in violation of the international law principles applicable to mineral resource activities in Non-Self-Governing Territories”.
Hans Corell, Under-Secretary for legal Affairs, The Legal Counsel.
Formerly Western Sahara was a colony of Spain. In 1975 the International Court of Justice ruled that the people of Western Sahara were entitled to self-determination including independence. That same year a UN mission determined that the people of Western Sahara were "categorically" for independence and opposed to the territorial claims on Morocco and Mauritania. But when Spain pulled out in 1976 it divided the territory between Morocco and Mauritania. Polisario, formed in 1973 to oppose Spanish colonialism, rejected this action and declared the Saharawi Arab Democratic Republic (SADR). Much of the population of Western Sahara fled the territory to Polisario run refugee camps in Algeria.
Polisario, which had led an armed struggle Spain, turned its military efforts against Morocco and Mauritania. In July1978 there was a coup in Mauritania. Two days later Polisario declared a unilateral cease-fire with Mauritania. In 1979 Mauritania formally abandoned its claim to Western Sahara. Morocco immediately asserted a claim for the portion of Western Sahara previously claimed by Mauritania.
A United Nations General Assembly resolution in 1980 stated clearly that the issue of Western Sahara is one of self-determination. The resolution "Reaffirms the inalienable right of the people of Western Sahara to self-determination and independence" and expresses "deep concern… at the aggravation of the situation prevailing in Western Sahara because of the continued occupation of that Territory by Morocco."
The question of Western Sahara was first on the agenda of the United Nations General Assembly in 1965, a time in which Morocco was an independent state. The argument for the liberation of the territory was based - as in so many analogous cases - on the UN General Assembly Resolution 1514 (XV) of 1960, the Declaration of the Granting of Independence to Colonial Countries and Peoples. The 1965 resolution set the tone of the many resolutions subsequently passed on the Sahara question, both by the UN General Assembly and by other international gatherings, especially the Non-Aligned Conference and the Organization of African Unity.
In 1966, The U.N. ratified the inalienable right of the Saharawi people to self-determination. Morocco and Mauritania support the right of the people of Western Sahara to self-determination and independence at meeting of the UN Special Committee on Decolonization (June); the OAU Council of Ministers adopts its first resolution on Western Sahara, calling for the "freedom and independence" of Western Sahara (October-November); for the first time the UN General Assembly adopts a resolution calling for self-determination to be exercised through a referendum.
In 1974 , December 13, the United Nations General Assembly passed a resolution (No. 3292) requesting "the International Court of Justice, without prejudice to the application of the principles embodied in General Assembly resolution 1514 (XV), to give an advisory opinion on the question of Western Sahara.
In 1975, A UN visiting mission tours the country, witnessing unprecedented pro-Polisario demonstrations (May 12-19) and later reporting that the overwhelming majority of Saharawis want independence and reject the territorial claims of Morocco and Mauritania. The Mission reported:
"It became evident to the Mission that there was an overwhelming consensus among Saharans within the Territory in favour of independence and opposing integration with any neighbouring country....The Mission believes, in the light of what it witnessed in the Territory, especially the mass demonstrations of support for one movement, the Frente Polisario..., that its visit served as a catalyst to bring into the open political forces and pressures which had previously been largely submerged. It was all the more significant to the Mission that this came as a surprise to the Spanish authorities who, until then, had only been partly aware of the profound political awakening of the population."
The ICJ holds its sessions in The Hague on the Western Sahara problem (June 25-July 30) and ruled that the people of Western Sahara were entitled to self-determination including independence, (October 16). The court ruled “the Court's conclusion is 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 UN Security Council meets and asks Kurt Waldheim to consult all interested parties (October 20 and 22) he visits Spain, Morocco, Mauritania and Algeria, discussing the possibility of transferring administration of Western Sahara temporarily to the UN (October 25-28).
Negotiations open in Madrid between Spanish, Moroccan and Mauritanian officials (Nov. 12), culminating in the signing of Madrid Agreement (Nov. 14).
The UN General Assembly adopts two resolutions advocating UN involvement in an act of self-determination (December 10)
In 1982, OAU admits SADR as a full-fledged member and in 1984 the OAU adopts resolution of AHG104 that will be the base of UN Peace Plan calling for self-determination for the Saharawi people.
In 1988 Morocco and Polisario accept UN peace plan for which in 1990 the UN Security Council resolutions 158/90 and 160/90 contain the Settlement Plan for Western Sahara, and referendum set for Jan 1992 and in 1991 Ceasefire begins, monitored by the UN but in direct violation, Morocco sends thousands of settlers to the territory and attempts to block the referendum process by forcing the UN to accept them as voters.
1992 Referendum delayed following disputes about who is eligible to vote.
1994 Start of identification of voters, a process later stopped by Morocco
1996 UN suspends registration of voters blaming Morocco for problems.
1997 Deadlock broken following talks in Houston (Houston Agreement) chaired by James Baker, former US Secretary of State.
1998 Referendum set for 7 December. Suspended after further disagreements.
1999 First voting lists published (more than 86 000 voters) and in December - referendum on independence or integration into Morocco?
2000 Failure of negotiations between Polisario Front and Morocco in London and Berlin.
2001 Tension mounting in region. Referendum has been delayed 12 times and in 2003 Morocco rejected the last possible chance for a just solution when refusing the James Baker Plan II that offers autonomy for years followed by a referendum.
Besides the obstacles put by Morocco in front of the organization of a fair and just Referendum, it engaged itself into illegal exploitation of the Natural Resources of Western Sahara, the UN made it clear in this regard:
“The foregoing legal principles established in the practice of States and the United Nations pertain to economic activities in Non-Self-Governing Territories, in general, and mineral resource exploitation, in particular. It must be recognized, however, that in the present case, the contracts for oil reconnaissance and evaluation do not entail exploitation or the physical removal of the mineral resources, and no benefits have as of yet accrued. The conclusion is, therefore, that, while the specific contracts which are the subject of the Security Council's request are not in themselves illegal, if further exploration and exploitation activities were to proceed in disregard of the interests and wishes of the people of Western Sahara, they would be in violation of the international law principles applicable to mineral resource activities in Non-Self-Governing Territories”.
Hans Corell, Under-Secretary for legal Affairs, The Legal Counsel.
