THE UN AND WESTERN SAHARA DISPUTE

From the General Assembly resolution 1514 up
to Now


BY: GAZOULIT TAOUFIQ; MA


After lengthy discussions in the sixty-third session of the special
political and decolonization committee (fourth committee) of the UN
general assembly, a draft resolution was submitted by the chairman, in
order to be approved by members of the general assembly.
In this respect, the draft of resolution in question has recognized
“all available options for self-determination of the territories are
valid as long as they are in accordance with the freely expressed
wishes of the people concerned and in conformity with the clearly
defined principles contained in general assembly resolutions 1514(XV)
of 14 December 1960, and 1541(XV) of 15 December 1960 and other
resolutions of the general assembly». This particular paragraph is so
meaningful that self-determination does not mean necessary
independence, because the paragraph 6, resolution 1514 states that
“any attempt aimed at the partial or total disruption of the national
unity and the territorial integrity of a country is incompatible with
the purpose and principles of the character of the United Nations”.

The decolonization of Morocco, which was progressively despoiled of
territories that had always belonged to it by various Franco-Spanish
treaties drawn up between 1886 and 1912, necessarily implied their
return to national unity and national integrity in accordance with the
terms of resolution 1514 quoted above.
It is worth noting that some neighbouring countries, in addition to
those opposed to the unity of Morocco, continue to invoke the right to
self-determination of the population of Western Sahara in an attempt
to prevent Morocco’s national reunification, in this respect it is
vital to examine the principle of the right of peoples to decide their
own destiny, in practice and in international law
When referring to the United Nations resolution 1514 concerning the
granting of independence to colonial countries and peoples, there
exists certain confusion, as this resolution applies to non-autonomous
countries and territories under UN mandate. In fact the UN recognize
two different decolonization problems; that of territories which, at
the time of colonization had no international juridical status to
which the procedure providing for self-determination and independence
applies, and other territories constituting an integral part of a
state. This is clearly the case of Western Sahara; as the
international court of justice in The Hague expressly recognized that
Western Sahara was not a territory without a master, but one over
which morocco exercised its sovereignty. It is also apparent in the
resolution of the summit of African heads of states held in Cairo in
1964, which declares: “portions of territory subtracted by occupying
powers or transformed into autonomous bases for the benefit of the
latter must return to the country that has attained independence”

Further more, it is the constant practice of the United Nations to
apply the principle of the territorial integrity of states whenever it
is a question of reconstituting a state divided by colonization or
again when it is a question of deciding the case of a region which
formed part of a state before its colonization, in short the
principle of self-determination contains nothing to cause morocco
concern , unless it is abused without taking into account the specific
nature of Morocco’s decolonization .

Following the creation of the UN’s special committee on decolonization
in 1963 Western Sahara was included on the list of non-self-governing
territories; thereafter the question of Western Sahara was, until
1969, regularly considered by the special committee in the UN general
assembly in conjunction with the question of Sidi Ifni.

On 20 December 1966, UN general assembly resolution 2229 reaffirmed
the right of the people of Sidi Ifni and the “Spanish Sahara” to self-
determination. It requested that the administrative powers immediately
take the necessary steps to speed up the decolonization of Sidi Ifni
and taking into account the aspirations of the indigenous population,
decide with the Moroccan Government upon the means of transferring
powers, in conformity with resolution 1514. The resolution also
requested Spain, in conformity with the aspirations of the native
population of the “Spanish Sahara” as it used to be called, to consult
with the Moroccan and Mauritanian governments to organize a referendum
to be held under the UN auspices and which would permit the native
population on the territory freely to exercise its right to self-
determination Spain was further requested:

• To furnish all facilities to a United Nation mission to help set up
whatever measures were necessary to end the colonial situation in the
territory.
• To abstain from any action whatsoever likely to retard the
decolonization of the (Spanish Sahara) as it used to be called before.

The United Nations general assembly returned to these recommendations
on 19 December 1967 (resolution 2354) and on 16 December 1969
(resolution 2591). The 1969 resolution no longer made allusion to
Sidi Ifni as that problem had since been settled to Morocco’s
satisfaction.

The UN general assembly resolution 2711 of 11 January 1971 and
resolution 2983 of 14 December 1972 once again reiterated the previous
recommendations, but Spain made no response to the recommendations of
the UN. For this reason, resolution 3162 taken on 14 December 1973 was
couched in much firmer terms. The assembly reaffirmed its previous
resolutions concerning the “so-called Spanish Sahara”’ There is no
doubt that that the tone had changed: the “Spanish Sahara “of the
earlier resolutions had become the “so called- Spanish Sahara” , and
further on, the “Sahara under Spanish administration” and even “under
Spanish domination,”. “it declares that the persisting colonial
situation in the territory comprised the stability and harmony in the
north-west part of Africa, reaffirms the legitimacy of the colonial
people’s struggle and expresses solidarity with the Saharan peoples
under Spanish domination” and “it reiterates its request to the
administrative power to consult with the Moroccan and Mauritanian
governments and any other interested power.” (Resolution 3162 (XXVIII)
question of Spanish Sahara P 110, general assembly, official records,
28th Session, supplement N 30 (A/9030)

The latter constituted a strong appeal to those powers who might be
more interested in the Phosphates and other national resources to be
found in the area than in the future of the Sahraoui people, as the
same resolution requested all states to stop helping to perpetuate the
colonial situation within the territory by means of investment. At
this point, and before the 29th session of he United Nations took
place, Spain made a gesture in the direction of a referendum, but its
attitude was far from that requested by the UN organization, Spain at
the beginning refused ton admit UN Supervision of the referendum and
secondly insisted that participation in be restricted to the electors
of the Djemaa, who remained in the Sahara, this effectively prevented
(those Sahraouis who had moved back to other towns on the south of
Morocco such as Sidi Ifni and TanTan and even further down to
Marrakech) from having a say in the future of their homeland. It is
known in the modern history of Morocco that a big number of Sharaouis
who have fought against the presence of the Spanish colonization of
the Sahara, and made it clear to the Franco regime that Sahara was an
integral part of Morocco, have been pushed to flee the Sahara region
to other Moroccan towns particularly Sidi Ifni, and Tarfaya which are
part of the Sahara region colonized by Spain…..Properly applied, the
principle of national self-determination need cause Morocco no
concern, improperly applied (and the sort of referendum the Spanish
would have permitted would have been a thoroughly perverted
application) the principle could have wounded Morocco as a nation .

It is worth noting in this connection that the UN general assembly has
made it clear that complete independence is not the only way for a
former colonial territory to obtain autonomy. Paragraph 6 of
resolution 1514(XV) states:
“Any attempt aimed at the partial or total disruption of the national
unity and the territorial integrity of a country is incompatible with
the charter of the United Nations”. There is also the possibility of
free association with an independent state, or integration with
another state. This is supported by the findings of the international
law commission:
“the association or integration with an independent state is a way of
implementing the right of people to self –determination, exactly as in
the creation of a sovereign and independent state, as is clearly
stated in the declaration related to the principles of international
law regarding friendly relations and cooperation between states in
conformity with the United Nations charter”( 14 may -3 august 1979 ,
united nations general assembly document, supplement 10, A/34/10, p
76 , paragraph 24) ;

Looking closely to the resolutions made by the General assembly of the
United Nations and particularly the decolonization committee, known as
the fourth committee, from the sixties up to now, and long before the
creation of the Polisario front, Morocco was always confronting the
Spanish government in order to decolonize the Sahara, as it did for
Tarfaya and Tan Tan decolonized in 1958, and Sidi Ifni decolonized
in 1969,which are geographically speaking part of the Moroccan Sahara,
called before “Spanish Sahara”, and now “ Western Sahara” ; this
disputed area has been the heart of the Moroccan nation and the site
of Moroccan resistance to colonialism.

There is no doubt that members of the UN, will vote for the “draft
resolution” which is basically a continuation of the famous 1514
resolution, this vote that will take place in few days time is seen by
international law makers and experts as confirmation to the basic
principle of self-determination which in the case of western Sahara
does not mean necessary independence, but national unity and
territorial integrity, as it is stated in the paragraph 6, resolution
1514



.

Relevant Pages

  • THE UN AND WESTERN SAHARA DISPUTE
    ... resolution 1514 up to Now ... political and decolonization committee of the UN ... those opposed to the unity of Morocco, continue to invoke the right to ... This is clearly the case of Western Sahara; ...
    (soc.culture.spain)
  • THE UN AND WESTERN SAHARA DISPUTE
    ... resolution 1514 up toNow ... political and decolonization committee of the UN ... those opposed to the unity of Morocco, continue to invoke the right to ... This is clearly the case of Western Sahara; ...
    (soc.culture.arabic)
  • [Sahara-Update] Time to pressure Morocco to abide by the UN Security Council resolution
    ... Time to pressure Morocco to abide by the UN Security Council resolution ... resolution on the Western Sahara, the UN Security Council adopted resolution ... Morocco, has vehemently rejected it. ... Reiterates the need for cooperation with United Nations and expediting ...
    (soc.culture.maghreb)