Western Sahara Requires a Resolution based on Mutuality through a Strengthened UN Process

We are calling for full support for the UN process for meaningful resolution of the conflict between the Sahrawi Arab Democratic Republic and the Kingdom of Morocco regarding the Western Sahara territory, through a mutual agreement grounded on UN Security Council resolution 690. The situation requires immediate attention with tensions rising, including between Algeria and Morocco. Further, an escalation in hostilities could compound an already deplorable refugee situation, with many vulnerable Sahrawi people living in and being born in camps since 1975.[1]

Introduction

On April 29, 1991, the Security Council, in its resolution 690 (1991)[2], voted to establish the United Nations Mission for the Referendum in Western Sahara (MINURSO) for “reaching a just and lasting solution of the question of Western Sahara.”[3] Originally, the mission’s mandate sought to lay the groundwork for Sahrawi self-determination while monitoring a ceasefire between Morocco and Polisario (Frente Popular de Liberación de Saguía el Hamra y Río de Oro), or the Western Sahara national liberation movement, established in 1973. In setting up the UN mission, the United Nations promised to end the long-running conflict in what remains as Africa’s only non-self-governing territory.

As a matter of background:

Following Spain’s withdrawal from its colonial ties to Western Sahara, Morocco and Mauritania set out to annex the Western Sahara territory, claimed as the Saharan Arab Democratic Republic (SADR), declared by the Polisario Front in 1976. The SADR is a full member of the African Union.[4]

In October 16, 1975, the International Court of Justice held that there was no evidence “of any tie of territorial sovereignty” between the Western Sahara territory and either Morocco or Mauritania, and no legal ties that would impede the application of [General Assembly] resolution 1514 (XV) in the decolonization of the Western Sahara and, in particular, of the principle of self-determination….”[5] Sixteen years later, the UN Security Council, reaffirmed “its commitment to assist the parties to achieve a just, lasting, and mutually acceptable political solution, based on compromise,” for “the self-determination of the people of Western Sahara.”[6]

So far, no mutually acceptable compromise has been reached. Violence, however, has emerged between Morocco and Polisario. Morocco’s interest in the UN process has waned. On November 13, 2020, Morocco sent troops into the UN-monitored buffer zone to end Polisario supporters’ three-week blockade of the strategic Guerguerat road. In response, Polisario withdrew from the ceasefire and renewed attacks on Moroccan military units. This ignited a resumption of low-level fighting –the first break of the calm since 1991. This incendiary situation, however, could intensify, making it seem even more difficult to return to the status of some 30 years when the UN established MINURSO.

History of Diplomatic efforts

Following former Secretary-General Kofi Annan efforts for six years to the identification process for a referendum, four other envoys attempted to create the conditions for a referendum and a resolution of self determination. From 1997–2004, former Secretary of State James Baker, steered the parties toward a political solution and away from the “winner-take-all” approach of the referendum.[7] Baker’s final attempt was the Peace Plan for Self- Determination of the People of Western Sahara, which provided for a period of five years autonomy followed by a referendum on self-determination. Morocco did not accept this proposal.

Later, from 2005–2008, Former Dutch Permanent Representative to the UN, Peter Van Walsum, who had 35 years of diplomatic experience, resigned after he told the Security Council in 2008 that the establishment of an independent state in the Western Sahara was “unrealistic.” In his assessment, he “concluded that there was no pressure on Morocco to abandon its claim of sovereignty over the territory.”[8]

From 2009–2017, for US Diplomat Christopher Ross — 2009–2017 held informal 10 rounds of negotiations, without a resolution. In fact, in 2012, Morocco declared Christopher Ross persona non-grata following his declaration on Morocco’s alleged human rights abuses in the Western Sahara. It took Secretary General Ban Ki-Moon considerable efforts to convince King Mohammed VI to accept Ross’ return. Morocco suspected the American diplomat of being behind the efforts to empower the United Nations Mission in Western Sahara, known as MINURSO, with a human rights monitoring mechanism.[9] Human rights monitoring are considered standard to any peacekeeping efforts.

From 2017–2019, former German President Horst Köhler served as the UN special envoy. In April 2018, the UN Security Council reduced the time between mandate renewals for the MINURSO from one year to six months; the envoy thus reported more frequently on the situation to the Council, which increased pressure on both sides. Morocco, the Polisario Front, Algeria, and Mauritania held two meetings that showed signs of progress. But Köhler’s sudden resignation in May 2019 and the Council’s October 2019 reversion to one-year MINURSO mandates halted the momentum.

After more than two years, Morocco and Polisario agreed to the recommendation and a new UN Envoy for Western Sahara has been appointed, H.E. Staffan de Mistura, who has a distinguished diplomatic carrier, serving as an envoy in some of the most complicated situations. While the situation is now more problematic than it was two years ago, the envoy will have a difficult but necessary and critical task to guide both parties to a common ground.

Status

After almost 30 years of compliance with a 1991 ceasefire, Morocco, and the Polisario Front resumed hostilities in Western Sahara. On December 10, 2020, ironically on International Human Rights Day, U.S. President Trump recognized Morocco’s sovereignty over Western Sahara in consideration of Morocco to sign that Administration’s Abrahamic Accords for Morocco to recognize and to develop relations with Israel.[10] In response, 27 US Senators, both Republican and Democrat, jointly signed a letter finding the action as a violation of international law.[11] James A. Baker III, who served as the 61st U.S. Secretary of State from 1989 to 1992 and as the U.N. Secretary-General’s personal envoy for Western Sahara from 1997 to 2004, denounced this possible change in the status of Western Sahara: “This move contributes to the existing deadlock between Morocco and the people of Western Sahara over the status of that territory. Further, it has negative consequences on the overall situation in North Africa.” [12] On November 24, 2021, Morocco and Israel signed a military security agreement.[13]

Conclusion

The UN Special Committee continues to include Western Sahara on its list as a non-self-governing territory [14] — an international legal status laid out in the UN General Assembly’s 1960 Declaration on granting independence to colonial countries and peoples.[15] The UN has reaffirmed the Sahrawi people’s right to self-determination (including the option of independence), including in December 2020 GA resolution [16] which called in para. 2 for inter alia “achieving a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara.”

Therefore, we call for a consequential resolution, one in which both parties mutually accept. To do this, the UN Security Council will also need to continue to back MINURSO to enable it to fulfil its mission [17] and to organize the implementation of a mutually agreed upon, just and fair mechanism. According to Amnesty International, the lack of “human rights monitoring has enabled security forces to carry out abuses against Sahrawis with impunity” while providing an imprimatur “for cracking down on human rights in the territory.”[18] To this end, we urge for full backing of the UN process aligned with UN Security Council affirmation for both the parties “to achieve a just, lasting, and mutually acceptable political solution, based on compromise.”[19]

Notes

[1] ACAPS. Glob, (March 2021) A Risk Analysis. Accessed at https://www.acaps.org/sites/acaps/files/products/files/20210329_acaps_global_risk_analysis_march_2021_0.pdf The 30,000 some people living in Polisario-controlled areas are likely to be affected the most; there is a moderate risk that the humanitarian impact will extend to the 500,000–600,000 people living in Morocco-controlled areas of Western Sahara and the 170,000 Sahrawi refugees living in camps in Algeria.

[2] UN General Assembly, https://www.un.org/ga/search/view_doc.asp?symbol=S/RES/690(1991)

[3] Ibid. Reciting the preamble of resolution 690, para. 4.

[4] BBC. “Africa: Western Sahara Profile,” (Sept. 7, 2021). Accessed at https://www.bbc.com/news/world-africa-14115273.

[5] Western Sahara, Advisory Opinion, 1.C.J. Reports 1975, p. 12. Accessed August 19, 2021 at https://icj-cij.org/public/files/case-related/61/061-19751016-ADV-01-00-EN.pdf.

[6] UN Security Council. Resolution 2458 adopted 31 October 2020. S/RES/2548 (2020).

[7] Anna Theofilopoulos. “The United Nations and Western Sahara a Never-ending Affair,” Special Report. USIP (July 2006). Accessed at https://www.usip.org/sites/default/files/sr166.pdf.

[8] Patrick Worsnip. “UN Envoy Calls Sahara Independence Unrealistic,” Reuters (April 21, 2008). Accessed at https://www.reuters.com/article/us-sahara-talks-un/u-n-envoy-calls-sahara-independence-unrealistic-idUSN2138283920080421.

[9] Adnan Bennis. “Christopher Ross Resigns as UNSG Personal Envoy for Western Sahara,” Morocco World News (March 5, 2017). Accessed at https://www.moroccoworldnews.com/2017/03/210105/christopher-ross-resigns-unsg-personal-envoy-western-sahara.

[10] Paul D. Shinkman. “Trump: Morocco Recognizes Israel as U.S. Supports its Contested Claims,” US News and World Reports (10 Dec. 2020). Accessed at https://www.usnews.com/news/world-report/articles/2020-12-10/trump-morocco-recognizes-israel-as-us-supports-its-contested-claims.

[11] “Inhofe, Leahy Lead 25 Colleagues to Urge Biden to Reverse Misguided Western Sahara Decision,” (17 Feb. 2021). Accessed at https://www.inhofe.senate.gov/newsroom/press-releases/inhofe-leahy-lead-25-colleagues-to-urge-biden-to-reverse-misguided-western-sahara-decision.

James Baker. “Opinion” The Washington Post (17 Feb. 2021)./ Accessed at https://www.washingtonpost.com/opinions/2020/12/17/james-baker-trump-morocco-western-sahara-abraham-accords/.

[13] “Le Maroc et Israël signent un accord sécuritaire «sans précédent,»” Le Monde. 24 Novembre 2021.

[14] UN. The United Nations and Decolonization: Western Sahara. Accessed at https://www.un.org/dppa/decolonization/en/nsgt/western-sahara.

[15] UN General Assembly, “Declaration on the Granting of Independence to Colonial Countries and Peoples,” (New York: UN 1960), A/15/1514.

[16] UN General Assembly. On the question of Western Sahara: Resolution adopted by the General Assembly on 10 December 2020, A/75/420 [on the report of the Special Political and Decolonization Committee (Fourth Committee). Accessed https://documents-ddsny.un.org/doc/UNDOC/GEN/N20/361/47/PDF/N2036147.pdf?OpenElement.

[17] International Crisis Group. “Time for International Re-engagement for Western Sahara,” (March 11, 2021). Accessed at https://www.crisisgroup.org/middle-east-north-africa/north-africa/western-sahara/b82-time-international-re-engagement-western-sahara;

[18] Yasmine Kacha. “Human rights monitoring needed more than ever in Western Sahara,” Amnesty International (30 Nov. 2020). Accessed athttps://www.amnesty.org/en/latest/news/2020/11/human-rights-monitoring-needed-more-than-ever-in-western-sahara/.

[19] UN Security Council. Resolution 2458 adopted 31 October 2020. S/RES/2548 (2020).