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LETTERFROMTHESECRETARYGENERAL
HonorableDelegates,
IamYahyaBerkolGLGEand it ismyhonorandpleasure towelcomeyou toEuroAsia
2011conference.
Iam
agraduate
of
Ankara
University,
Faculty
of
Law
and
have
been
participating
inMUNconferencesforalmosttenyearsnow.Hopefully,wewillallrememberthisconferenceas
afruitfulandjoyfulexperience.
The age of colonilazation is long gone; nevertheless, the problems and conflicts it left
behind still persists. The United Nations perceives Western Sahara as the last trace of
colonilazationin
the
world.
It
is
possible
to
disagree
with
this
opinion.
A
former
colony
of
Spain,
nowadayscontrolledbyMorocco,WesternSaharaisatopicdiscussedbytheUNandtheAfrican
Union numerous times. Despite these efforts, the problem is still unresolved. Consequently,
WesternSaharasitsbeforeusastheperfectselectionforGeneralAssembly4,Special,Political
andDecolonizationCommitteetopic.
Itwill
not
be
challenging
for
delegates
to
find
resources
on
the
topic
should
you
feel
that
further research beyond the study guide as countless documents are already available on the
internet. Still, I believe that the study guide will provide you with most of the information
required.Secondpointtoindicatewouldbethenecessityofresearchingforthecountrypolicies
astherearemanyAfricancountriessupportingoneoftheopposingpartiestotheconflict.Make
sure
that
you
stick
to
your
country
policies
and
try
to
act
accordingly
while
debating
on
possible
outcomesofthecommittee.
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Thankingto
the
creators
of
the
study
Guide,
my
under
secretary
generals
BetlBodur
and
OkyanusAkn,fortheirworkIwouldliketodeclaremyexcitementbeforemeetingyouinperson.
AlltheBest,
YahyaBerkolGLGE
SecretaryGeneralofEuroAsia2011
LETTERSFROMTHEUNDERSECRETARYGENERALS
DearDelegates,
I would like to welcome you to the Special, Political and Decolonization Committee of
EuroAsiaMUN 2011TrainingandDevelopmentConference.
Myname
is
BetlBodur.
Im
asophomore
at
Ankara
University
Faculty
of
Law.
Iparticipated
in
MUNconferencesasadelegate,andthisyearforthefirsttime,Iamamemberoftheacademic
team.
ThisyearsSPECPOLcommitteewilldiscussTheQuestionofWesternSahara,whichhas
beenunderthefocusoftheUnitedNationsforoverthreedecadesdueto itsuniquestatus.The
topicis
also
crucial
as
the
United
Nations
enters
Third
Decade
of
Eradication
of
Colonization
and
the territory is perceived as the last colony in Africa. General Assembly Fourth Committee will
handlethesituationmainlyfromthereferendumdisputesperspective;opposingfrontsofwhich
are, Morocco and the Frente POLISARIO. Delegates are expected to propose a comprehensive
methodfortheorganizationofareferendum.TheCommitteewillalsoanalyzethehumanrights
aspect
of
the
question.
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Ibelieve
you
will
enjoy
the
conference,
since
the
topic
includes
many
features
to
be
solved.
Regards,
BetlBodur
UnderSecretaryGeneralforLegalandSPECPOLCommittees
Hello,
I am Okyanus Akn, one of the Under SecretariesGeneral responsible for the Special
Political and Decolonization Committee (SPECPOL) of EuroAsia 2011. I study International
Relations at Middle East Technical University; but currently I am continuing my studies at the
Universityof
Leeds
as
an
Erasmus
exchange
student.
Since
my
high
school
years,
Ihave
been
involved inMUNconferencesandrelatedactivitiesbothasadelegateandacommitteedirector
forseveral times.However, this is the first time that Ihave thepleasureofactingasanUnder
SecretaryGeneralwiththeteamofYahyaBerkolGlge,theSecretaryGeneral.
InchoosingtheQuestionofWesternSaharaastheagenda itemforSPECPOL,ourteams
mainfocus
was
on
the
fact
that
this
issue
has
become
one
of
the
particular
ones
covered
by
the
FourthCommitteeand notbeensolvedthusfarsincetheday itwasadoptedintoitsagenda.In
formingthisstudyguidewithmyfellowBetlBodur,wetriedtobeascomprehensiveaspossible
soastoaddresstheverymultidimensionalaspectsoftheQuestionsuchasthosestemmingfrom
politicalclaimsovertheTerritory, individualconcernsfornaturalresourcesandalsooverlapping
yet
divergent
ambitions
caused
by
different
political
and
diplomatic
benefits.
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Ibelieve
through
dealing
with
this
demanding
item,
you
will
have
the
chance
to
acquire
the skills needed by an MUN delegate basically because of the fact that the issue of Western
Sahara can be taken as a longlasting one that can only be tackled through cooperation,
compromiseandpersuasion. Inaddition,throughparticipating inEuroAsia,youcanalsousethe
opportunitytogetpreparedforMUNTRthatwillbeevenmoredemandingandcompetitive.
Iwish
you
have
avery
successful
and
gratifying
experience.
Peace,
OkyanusAkin
UnderSecretaryGeneral
GENERALASSEMBLYFOURTHCOMMITTEE:SPECIALPOLITICALANDDECOLONIZATION
THEQUESTIONOFWESTERNSAHARA
HISTORYOFTHECOMMITTEE
FollowingtheestablishmentoftheUnitedNations in1945,theFourthCommitteeofthe
GeneralAssemblyonSpecialPoliticalandDecolonization(SPECPOL)wasestablishedinitiallyasad
hocorgantodealwiththeproblemsofdecolonizationandselfdetermination inthethenglobal
contextwhilstaconsiderableamountofregionshadbeenremainingundercolonialpossession,as
well as to alleviate the work load of and resolve political issues not discussed by the First
Committee,DisarmamentandInternationalSecurityCommittee(DISEC). TheCommitteebecame
apermanentoneundertheGeneralAssemblyin1978.
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Aspart
of
the
General
Assembly,
the
Fourth
Committee
may;
Consider and make recommendations on the general principles of cooperation formaintaininginternationalpeaceandsecurity,includingdisarmament;
Discuss any question relating to international peace and security and, except where adispute or situation is currently being discussed by the Security Council, make
recommendationson
it;
Discuss,withthesameexception,andmakerecommendationsonanyquestionswithinthescope of the Charter or affecting the powers and functions of any organ of the United
Nations;
Initiatestudiesandmakerecommendationstopromoteinternationalpoliticalcooperation,the
development
and
codification
of
international
law,
the
realization
of
human
rights
and
fundamental freedoms, and international collaboration in the economic, social,
humanitarian,cultural,educationalandhealthfields;
Make recommendations for the peaceful settlement of any situation that might impairfriendlyrelationsamongnations.
Today,
the
SPECPOL
deals
with
a
variety
of
subjects
which
include
those
still
related
to
decolonization,Palestinianrefugeesandhumanrights,peacekeeping,mineaction,peacefuluses
of outer space,public information and atomic radiation. Other than these general subject that
have been covered by the Fourth Committee as if they have been adopted as themes of the
sessions,recently in the66thSession,SPECPOLhasproduceddraftresolutionsanddecisionson,
suchas,
Israeli
Practices
Affecting
Human
Rights
of
the
Palestinian
People
(A/C.4/66/L.13),
the
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Occupied Syrian Golan (A/C.4/66/L.17), Effects of atomic radiation (A/C.4/66/L.7), Persons
displaced as a result of the June 1967 and subsequent hostilities (A/C.4/66/L.10), Question o
Western Sahara (A/C.4/66/L.5)as to be discussed by the SPECPOL at EuroAsia, Question o
Gibraltar(A/C.4/66/L.4)
and
so
on.
ThecurrentChairoftheFourthCommitteeoftheGeneralAssemblyinits66thsessionisRomania.
INTRODUCTION
A formercolonyofSpain fromthe19thCenturyuntil1975,WesternSahara isadisputed
territoryinNorthAfricasurroundedbyMorocco,AlgeriaandMauritania.
Thisdispute
has
been
one
of
the
persistent
ones
dealt
with
by
the
United
Nations
(UN)
since1963whenWesternSaharawas recognisedasanonselfgoverning territoryby theUN in
accordance with General Assembly (GA) Resolution 1514 (XV) of 14 December 1960. The UNs
involvement in the Western Sahara issue furthered on December 16, 1965, when the General
AssemblyadopteditsfirstresolutiononwhatwasthencalledSpanishSahara,requestingSpainto
takeall
necessary
measures
to
decolonize
the
territory,
while
entering
into
negotiations
on
problemsrelatingtosovereignty. Followingthissituation,Spainwasfirstlyaskedtodecolonise
theterritoryin1965andtoorganiseareferendumonselfdeterminationin1966bytheUN.
The abandonment of theadministrative control of Western SaharabySpain to thejoint
administrationbyMoroccoandMauritaniain1975wasensuedbyawarbetweentheseactorsand
thePOLISARIO
Front,
which
has
been
recommended
as
the
representative
of
the
people
of
Western Sahara (GA 34th Session/37), proclaiming Sahrawi Arab Democratic Republic (SADR).
Eventually, Morocco asserted its control over and annexed the northern twothirds of Western
Sahara in1976andclaimed the rest in1979withmajornatural resourcesafterMauritaniahad
withdrawn.
A
guerrilla
war
between
Morocco
and
the
Polisario
Front
ended
with
the
ceasefire
agreementbrokeredbytheUNin1991.Sincethen,WesternSaharahasbeencontrolledmostlyby
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Moroccowhereas,
backed
by
Algeria,
the
SADR
controls
the
remainder.
However, many neighboring states reject Moroccan administration of Western
Sahara. Several states have created diplomatic ties to the "Sahrawi Arab Democratic
Republic" represented by the Polisario Front in exile in Algeria, while others
recognizeMoroccansovereignty overWesternSahara.
TheUN
has
been
sponsoring
talks
between
Morocco
and
the
Polisario
front
over the negotiations for the status of Western Sahara. However, the UN organized
referendum on the territory's final status has been recurrently postponed. Whereas
Morocco has been trying to maintain Moroccan sovereignty with an autonomy
proposal for the territory, the POLISARIO has been after a popular referendum
includingthe
option
of
independence.
MilestonesTimeline
During the Berlin Conference in 18841885, Spain was
recognised as the colonial power of presentday Western Sahara
consideredas
res
nullius
nobodys
property.
1960s: In 1963, UN Special Committee on Decolonisation
declared Western Sahara a nonselfgoverning territory to be
decolonized.In1965,theUNGAadopteditsfirstresolutiononWesternSahara,requestingSpain
to decolonise the Territory (A/RES/2072(XX)). In 1966, the UNGA requested Spain to organize a
referendum
under
UN
supervision
on
self
determination.
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1970s:
In
1973,
with
the
purpose
of
obtaining
independence
for
Western
Sahara,
FrentePopular deLiberacin deSagua el Hamra yRo deOro, the POLISARIO was founded in
Marutania.In1975,theInternationalCourtofJusticepublisheditsadvisoryopiniononthestatus
oftheTerritorybeforecolonizationbySpain.:theCourthasnotfoundlegaltiesofsuchnature
asmightaffect theapplication of resolution1514 (XV) in thedecolonisationofWesternSahara
and,in
particular,
of
the
principle
of
self
determination
through
the
free
and
genuine
expression
of thewillof thepeoplesof the Territory. Again in1975,Spainagreed tocedeadministrative
controloftheTerritorytoMorocco(northerntwothirds)andMauritania(southernthird),aftera
transitionaltripartiteadministrationperiodandofficiallywithdrew fromtheTerritory in1976. In
thesameyearPOLISARIOproclaimedtheSADRandMoroccoandMauritaniadividedtheTerritory,
whereMauritania
received
the
southern
third
and
Morocco
the
northern
two
thirds.
The
then
OrganisationofAfricanUnitys(OAU)proposalforaceasefireandareferendumwasrejectedby
Morocco in 1979. In August 1979, Morocco took control of most of the southern part of the
TerritorypreviouslyoccupiedbyMauritania.
1980s: In 1980, Morocco began
constructing
the
first
of
a
series
of
defensive
sandwalls stretchingover2,400km inorder to
protect theWesternpartof theTerritory. After
formallyapplyingformembership intheOAU in
the same year, the SADR is admitted to
membership
in
the
OAU
in
1981
followed
by
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Morocco,firstly,
suspending
its
participaiton
in
the
Organisaiton
and,
then,
withdrawing
from
the
OAUin1984.Intheperiodbetween19851988theSettlemenProposalspresentedbytheUN
andtheOAUwereexaminedanddidbecomeknownasSettlementPlan.
1990s: In1990,UnitedNationsMission for theorganizationof aReferndum inWestern
Sahara,MINURSO,wasestablishedby theSecurityCouncilresolutionS/1991/690.TheMission is
mandatedto
implement
the
Settlement
Plan:
monitor
the
cease
fire,
identify
eligible
voters
for
participationinthereferendum,andcreatetheconditionsandmodalitiesforthesupervisionand
conductofthereferendum.In1991,MoroccoandthePOLISARIOsuspendmilitaryoperationswith
theceasefireagreementannouncedbythethenUNSecretaryGeneralJavierPrezdeCullar.In
1997,JamesBaker,thethenthenPersonalEnvoyoftheUNSecretaryGeneralforWesternSahara
mediatesthe
Houston
Accords,
which
define
the
compilation
procedures
for
the
electoral
body,
troopconfinement,refugeerepatriationandacodeofconductforthereferendum.
2000s: The Baker Peace Plan, Baker Plan I envisaging the integration, with a degree of
autonomy, of the Territory within Morocco, was submitted and, however, rejected by the
POLISARIOin2001.In2002,fouroptionsregardingthesituationoftheTerritorywasputforward
tothe
Security
Council
by
the
UN
Secretary
General
Kofi
Annan:
1. ImplementationofSettlementPlanwithoutconcurrenceoftheparties;2. RevisionofFrameworkAgreement;3. ExplorepossibledivisionoftheTerritorybetweenthetwoparties;4. Termination of MINURSO, acknowledging that the UN cannot resolve the problem
without
requiring
one
of
the
parties
to
do
something
it
does
not
want
to
do.
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However,the
Security
Council
did
not
endorse
any
of
these
four
options.
In
2003,
the
SecretaryGeneralpresentedanotherPeacePlan,namelytheBakerPlanII(S/2003/565),supported
bytheSecurityCouncil,providingfortheselfdeterminationofthepeopleofWesternSaharaafter
a threeyear period of provisional administration by a governing body and the residents in the
Territorysince1999tochooseamongindependence,integrationorautonomywithinMorocco.It
wasaccepted
by
the
POLISARIO.
In
2004,
Morocco
rejected
the
Baker
Plan
IIby
placing
various
limitationsonitsuchasrejectingthetransitionarrangementsandtheoptionofindependence.In
April2007MoroccosubmitteditsautonomyplanforWesternSaharaentitled"MoroccanInitiative
forNegotiatinganAutonomyStatutefortheSaharaRegion"totheSecretaryGeneral. POLISARIO
alsopresentedtotheSecretaryGenerala"Proposal foraMutuallyAcceptablePoliticalSolution
thatProvides
for
the
Self
Determination
of
the
People
of
Western
Sahara."
In
the
talks
of
June
2007,thePOLISARIOstateditsreadinesstoconsidertheMoroccanautonomyplan,butobviously
continuedtoinsistonareferendumonselfdetermination,includingtheoptionofindependence.
Moroccoseemedreadytoofferselfdeterminationonlybasedonautonomy.However,evenafter
the third round talks between Morocco and the POLISARIO in 2008, there was no progress on
confidencebuilding
measures,
but
there
were
preliminary
discussions
on
thematic
subjects,
including administration, competencies and institutions. After the fourth round of talks in the
same year, Morocco made a statement that the choice was not between autonomy and
independence but between autonomy and status quo with regard to its territorial integrity.
Following theEuropeanUnion (EU) summitwithMorocco inSpain in2010emphasising theEU
supported
UN
efforts
on
Western
Sahara,
MINURSOs
mandate
was
renewed
until
2011,
and
againin2011,themandatewasextendeduntil30April2012.InJune2011,partiestotheconflict
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metfor
the
seventh
round
of
informal
talks
and
for
the
eighth
round
in
July
discussing
the
two
on
theissueoftheelectoralcorps,mechanismsforselfdetermination,andtheformsofguarantees.
ThereisstillalackofprogressovertheWesternSaharaconflict.
OPPOSINGFRONTS:THEFRENTEPOLISARIOANDMOROCCO
Western Sahara saw acts of violence as Moroccan security forces forcibly dismantled a
Sahrawiprotest
camp
near
the
Moroccan
administered
regional
capital,
Laayoune
(Arieff,
2011)
on8November2010.WhileMoroccanauthoritiesdenytheresponsibilityofthe incidents, they
alsoclaimthattheFrentePopulardeLiberaciondeSaguiaelHamrayRiodeOro(POLISARIO)has
organized them.This isonlyoneparticularexampleof theongoingdisputebetween twosides,
andtheinternationalcommunityisconvincedthatitwillcontinueintheforeseeablefuture.Only
twomonths
later,
the
popular
upheavals
of
the
Arab
Spring
began
sweeping
across
North
Africa
andtheMiddleEast,includingliberalizationreformsinMorocco.Nevertheless,thetalksbetween
theFrentePOLISARIOandMoroccowererelativelyunaffectedbytheseeventsastheycontinued
atregularintervalsandremaineddeadlocked(MissonNotes,2011).
Western Sahara has been under the occupation by Morocco since 1975, after the
withdrawalof
former
colonial
power,
Spain,
and
shortly
after
the
International
Court
of
Justice
(ICJ) had rejected both Moroccos and Mauritanias territorial claims. As mentioned in the
previous section, Mauritania has abandoned its claims in the year 1976. As, the ICJ advisory
opinion goes, Having considered this evidence and theobservationsof theother Stateswhich
tookpart in theproceedings, theCourtfinds thatneither the internalnor the internationalacts
relied
upon
by
Morocco
indicate
the
existence
at
the
relevant
period
of
either
the
existence
or
the
internationalrecognitionoflegaltiesofterritorialsovereigntybetweenWesternSaharaandthe
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12/33
Moroccan
State.(http://www.icj
cij.org/docket/index.php?sum=323&code=sa&p1=3&p2=4&case=61&k=69&p3=5) it is obvious
that international lawsposition isabenefit for theFrentePOLISARIO. Although there isan ICJ
opinion,theuncompromisingstanceofbothsideshasmadeWesternSahara,thequestionofthe
pastthreedecades.
Onone
side,
there
is
Morocco;
which
is
determined
to
claim
the
autonomy
of
Western
Sahara
withinitsbordersandwhichinsiststhatthequestionofWesternSaharaisaninternalissueanda
reason of conflict between itself and Algeria. Actually, Morocco has initiated a large scale
settlement policy in Western Saharan cities such as Laayone and considers them as Moroccan
provinces.AnddespitethefactthattheWesternSaharanconflicthasbeenafinancialburdento
Morocco,this
has
not
undermined
its
firm
commitment
to
the
marocanity
of
Sahara.
On
the
othersidethere istheFrentePOLISARIOwhichhasdedicated itsactstowardstheestablishment
ofan independentSahrawiArabDemocraticRepublic(SADR).Inthissectionthepositionsofthe
two fronts through the policies of the United Nations and the role of third parties will be
discussed.
1. UnitedNationsinWesternSaharaTheUN,fromtheverybeginningofthedisputehasbeencontributingtothesolutionprocess
of the question of Western Sahara, since the Spanish withdrawal. Each secretary general has
focused on this problem during their terms by appointing a special representative solely for
WesternSahara.AswellastheSecurityCouncil,theGeneralAssemblyhasalsoputgreat
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emphasison
the
problem
and
the
fourth
committee
has
taken
the
question
as
one
of
its
agenda
items.
Theyear2011 isalso theyear that theUnitedNationshasentered theThirdDecadeof
Eradication of Colonization. Western Sahara, which is claimed to be the last piece of land of
colonialism in Africa is therefore of great importance. Besides the ultimate goal of the United
Nations
that
is
decolonization
and
selfdetermination
of
the
last
sixteen
non
self
governing
territoriesonearth,whichWesternSaharaislistedunder,inthissubsectionothermajoreffortsof
the UN will be explained in topics of MINURSO, Baker Plan and the final status of the two
opposingsides.
a. UnitedNationsMissionFortheReferendum inWesternSahara(MINURSO):TheSettlement
Proposals
and
Establishment
In 1985, the United Nations Secretary General, in cooperation with the Organization of
African Unity (OAU), initiated a mission of good offices leading to the settlement proposals,
whichwereacceptedon30August1988bothbyMoroccoandtheFrentePOLISARIO.In1990,the
SecurityCouncilhasadoptedthereportoftheSecretaryGeneralwhich includedthe full textof
the settlementproposals.SecurityCouncilResolution621 (20September1988),authorized the
SecretaryGeneral toappointaspecialrepresentative forWesternSaharaandrequestedhimto
transmitareportontheholdingofareferendumforselfdetermination ofthepeopleofWestern
Sahara and on ways and measures to ensure the organization and the supervision of such a
referendumbytheUNincooperationwiththeOAU
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14/33
(http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B6D27
4E9C
8CD3
CF6E4FF96FF9%7D/MINURSO%20SRES621.pdf).
On29April1991,theSecurityCouncil,initsresolution690decidedtoestablishtheUnited
Nations Mission for the Referendum in Western Sahara (MINURSO) in accordance with
theSecretaryGeneral's report which further detailed the implementation plan
(http://www.un.org/en/peacekeeping/missions/minurso/background.shtml).The
implementation
plan covered the transitional process of a referendum in which the participants would choose
betweenintegrationwithMoroccoorindependence. Theresolutionwasbasedonthereportof
the Secretary General, dated 19 April 1991. The report covered many aspects of both the
settlementproposalsand theestablishmentand thecourseofMINURSO.Thesecretarygeneral
referredto
the
topics
of
the
special
representative
for
Western
Sahara,
the
transitional
period,
the ceasefire, Moroccan military presence, confinement of each partys troops and designated
locations,releaseofpoliticalprisonersanddetainees,exchangeofprisonersofwar,identification
ofvotersandlastbutnottheleastorganizationofareferendum.
It was stated previously that each secretary general, since the decision of the Security
Council,has
appointed
special
representatives
for
Western
Sahara.
Most
of
the
key
events
and
documentsincludingtheBakerPlan,whichwillbeexplainedinfollowingtopics,weretheresults
oftheeffortsofthespecialrepresentatives.Thepartiesseemedtohavereachedanagreementin
the settlement proposals of 1988 on the issues such as the release of political prisoners and
detaineesand theexchangeofprisonersofwar.The InternationalCommitteeof theRedCross
contributed
to
the
work
with
the
parties
and
families
concerned.
However
the
differences
that
remainedafterthesettlementplansandtheestablishmentofMINURSO,whichcontinueeven
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15/33
todaywere
about
the
identification
of
voters,
thus
the
organization
of
the
referendum,
which
naturally made the maintenance of the ceasefire impossible. The problem of identification of
votersandtheorganizationofthereferendumwillbeexplained,embeddedinfollowingtopics.
b. FromtheEstablishmentofMINURSOtotheBakerPlanSincethedeploymentofMINURSO,theceasefirehasbeengenerallyheld.Thetransitional
period,however,hasnotbegun;giventhepartiesdivergentviewsonsomekeyelementsofthe
plan, in particular with regard to the criteria for eligibility to vote
(http://www.un.org/Depts/DPKO/Missions/minurso/minurso.pdf). This problem constituted the
core of the question of Western Sahara. In order to overcome this issue, in 1993, MINURSOs
IdentificationCommissionwasestablished.Duetoproceduraldifficulties,thesearchforpotential
voters did not end for three years. Finally, the Secretary General suspended the identification
process.Onlythemilitarycomponentsofthemissionremainedsoastomaintaintheceasefire.
Theidentificationprocessresumedin1997withtheappointmentofJamesBaker,theformerUS
Secretary of State to the position in the post of Personal Envoy for Western Sahara by the
Secretary General (Kofi Annan). The voter identification was completed in 1999 with 86000
voters. MINURSOthenfacedmorethan130000appealsbythosedeniedidentificationasvoters
whoweresupportedbyMorocco(Arieff,2011).TheUNSecurityCouncilResolution1301,urged
thetwopartiestoconsideralternativewaystoeasetheprocessofreferendum,intheyear2000.
TheUNconcludedthatprocessingappealscouldtakelongerthantheinitialidentificationprocess
and thateffective implementationof thesettlementplanwould require the fullcooperationof
Moroccoand
the
Frente
POLISARIO
(Arieff,
2011).
However
the
eligibility
of
voters
was
not
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confirmedby
the
fronts.
The
POLISARIO
support
that
the
Morocco
have
been
placing
Moroccans
from north to the area so as to increase the number of Moroccan voters; furthermore the
POLISARIOhadobjectedtotheUNledstudyclaimingthatonly85000ofthepotentialvoterswere
eligibleoutof147000,andafterashortwhileitfoundonly65000suitedfortheelections.
c. TheBakerPlanIn2001, theSecretaryGeneralpresentedareportonWesternSaharathat includedasetof
stepssoontobereferredtoastheBakerPlananddiscusseditwithbothparties.Theplanwentas
follows:
The executive would be elected by voters identified in December 1999, which wasconstituted of people, favoring the POLISARIO and excluded a population supported by
Morocco.
Foreignrelations,naturalsecurityanddefensewouldbecontrolledbyMoroccoforafiveyearperiodofautonomy.
A referendum will be held to determine the final status as either independence orintegration intoMorocco,attheendoffiveyearson interim.Thesolevotercriterionfor
thisreferendumwouldbeoneyearresidenceinWesternSahara.
The Frente POLISARIO and its regional backer Algeria, rejected the draft Framework
Agreementhowever,asitwasconcedingtoMoroccosdemandswhileprovidingtoolittletotheir
ownclaims(MissionNotes,2011).Thus,thefirstBakerPlanwasunsuccessful.Also,thepartition
choicewasrefusedbybothparties.
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InJanuary
2003,
Baker
presented
acompromise
that
did
not
require
the
consent
of
the
parties (Arieff, 2011). The plan was in a more detailed form as the Peace Plan for Self
Determinationof thePeopleofWesternSahara,withstrongsupport from theSecurityCouncil.
Theplanwentasfollows:
The referendum would propose three options: Integration with Morocco, autonomy orindependence
of
SADR.
Votersforthereferendumwillbeconstitutedofpeopleon:December1999list,UNOfficeof High Commissioner on Refugees repatriation list as of October 2000 or continuously
resident in the Western Sahara since December 30, 1999 (this would also include
Moroccansettlers).TheUNwoulddeterminethesettlerswithoutappeal(Arieff,2011).
During the interim, a Western Sahara Authority would be the local government andMoroccowouldcontrolforeignrelations,nationalsecurityanddefense(Arieff,2011).
Moroccoobjectedduetotheadditionofathirdoption,independence,tothereferendum.
In2004,Moroccodeclaredthat itwouldonlyacceptautonomyasasolution tothequestionof
Western Sahara, emphasizing that it would agree on negotiations with Algeria insisting it is a
bilateralprobleminnature.ThePOLISARIO,ontheotherhand,claimingindependenceistheonly
solution;acceptedtheagreement.Thus,thesecondBakerPlanwasalsounsuccessful.
OnJune2004, JamesBakerhasresigned fromhispositionas thePersonalEnvoyandtheBaker
PlanhasnotbeenmentionedintheSecurityCouncilresolutionssincethen.
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d. FurtherKeyDevelopmentsAftera twoyeargap, theSecretaryGeneralappointedPetervanWalsum to thepost in
2006.Despite four rounds of talksduring 2007 and 2008, the newenvoy madeno progress in
bridging the divide between Moroccos autonomy plan and POLISARIOs position that a
referendumonindependencemustbeanoption(MissionNotes,2011).Neitherpartywaswilling
to discuss others proposals, that is, Moroccos for the autonomy and the POLISARIOs for a
referendum. Algeria and Mauritania were also present in the four rounds of negotiations in
observerstatus.AfterVanWalsumsexpression,anindependentWesternSaharaisnotarealistic
proposition, intheSecurityCouncil;hewasnotreappointedinAugust2008duetoPOLISARIOs
claimsthathewasbiasedinfavorofMorocco.
ChristopherRosswasappointedasPersonalEnvoyin2009.Ross,spentthefirsthalfofthe
yearwithinformaltalksandvisitstotheregion;schedulingthefifthroundofnegotiationstothe
endoftheyear.OnAugust2009,duringand informaltalkbetweenparties;humanrights issues
werediscussedforthefirsttimeacontentiousissueforthepartiesandtheirrespectivebackers,
andnotable in theabsenceofeitheraUNhuman rightsmonitoringmechanism toaddress the
partiesallegationsorahumanrightsmandateforMINURSO(MissionNotes,2011).
Although the fifth round of negotiations was expected to be held in 2009, Moroccan
militaryactivitiesagainstSaharanactivistsaugmentedthepressureanduncompromisingstance
ofMoroccanleaders,itwaspostponedtothebeginningoftheyear2010.Rossvisitedtheregion
on March and August in 2010.Both parties insisted on their commitment to 2007 proposals.
Another roundof informal talksbetweenpartiesunder thesupervisionofPersonalEnvoyRoss,
beganin
November
2010.
During
the
talks,
Moroccan
military
forces
intervened
GdeimIzik
camp
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where Sahrawi people who protest socioeconomic conditions in Moroccancontrolled Western
Sahara.DespiteRosssattemptstodiscourageforceful intervention,thecampexperiencedgross
human rights violations. While the clashes did not bring the negotiations to an end, they did
heightenmistrust
on
both
sides
(Mission
Notes,
2011).
AftertheLaayoneincidentsthetwopartieshadinformaltalksinDecember2010andJanuary
2011duringwhichtheyonlyagreed todiversifytheactivitiesof thePersonalEnvoy.Duringthe
informal talks in March 2011 parties were engaged in solid exchange of opinions; without any
changes in the April 2007 positions. There was an agreement in discussing natural resources,
whichwill
be
explained
in
detail
in
following
sections,
and
possible
measures
to
calm
the
situation
in upcoming talks. In July 2011, although the parties did not reach a consensus in the main
problem, that is April 2007 positions, they began discussing issues such as government,
environmentandhealth.Theyalsoagreed tosupportmeetingswithUNHCR inorder todiscuss
therefugeeprobleminWesternSahara;whichwillalsobeexplainedinfollowingsections.
2. TheRoleofThirdPartiesInhisarticleTheSanctityofBordersandtheQuestionofWesternSaharaTerhiLehtinensays;
ThestructureofantagonisminthecurrentWesternSaharaconflictiscomplex.First,there
isafundamentaldisagreementbetweenMoroccoandthePOLISARIO/SADR,supportedby
theUNresolutionsandtheInternationalCourtofJusticedecision,onthestatusofSahara.
Second,there isadisputebetweenMoroccoandotherNorthAfricancountries,especially
AlgeriaandLibya,on their supportfor thePOLISARIOfront,perceivedas interference in
Moroccaninternalaffairs.Consequently,theWesternSaharanquestionhasthreatenedthe
regional stability of North Africa over the decades. Third, there is a great divergence
betweentheOAUandMoroccoontheprincipleofinviolabilityofexistingstatebordersand
practically,on
the
admittance
of
the
SADR
as
an
OAU
member
state
(Lehtinen,
2000).
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Thesewords
make
it
impossible
to
think
Western
Saharan
question
lies
solely
between
the
twoopposing fronts,MoroccoandFrentePOLISARIO.Theproblemhad formerly includedSpain
andMauritania. ReferencestotheAfricanUnion (formerOAU),andTheLeagueofArabStates
areunavoidableasthefirstsupportstheSADRandthemajorityoftheparticipantsofthe latter
supportMorocco. SinceMoroccoperceivesthequestionasabilateralproblemamongitselfand
Algeria,and
SADR
is
supported
by
it,
Algeria
also
has
to
be
on
the
focus.
Each
third
party
will
be
mentionedinfollowingtopics.
a. AlgeriaAlgeria and Morocco are rivals with different decolonization histories and different
politicalsystems (Arieff,2011).Almost,since independence,theneighborshavecompeted fora
regionalpreeminence, and the Western Sahara is where thecontest is nowjoint (Arieff,2011).
AlgerianeverclaimedtheSaharanterritory,butithasactivelysupportedthePOLISARIOsactsfor
the independence of the Western Sahara. The revolutionary and anticolonial stance of the
Algerianstateinthe1970sandtheremnantsoftheborderdisputebetweenMoroccoandAlgeria
have contributed to the Algerian involvement (Lehtinen, 1999). Various authors claim that an
easieraccess to theAtlanticOceanandexploitationofmineral resources is themainmotiveof
Algerias stance. Algeria is considered to be one of the most important reasons of SADRs AU
membershipandrecognitionfromvariousLatinAmericancountries;thusMoroccosnotbeinga
member of the AU. Due to Western Sahara dispute, the Arab Maghreb Union of which both
MoroccoandAlgeriaaremembers,hasnotheldasummitsince1994.
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b. AfricanUnionThe African Union succeeded the Organization of African Unity in 2002 was founded
around the principle of decolonization in the core. The AU perceives the question of Western
Saharaasthequestionofthe lastcolony inthecontinent. InAugust1994,TheLiaisonOffice in
WesternSaharawasestablishedbytheAUsoastoassisttheregistrationprocess leadingupto
the referendum. Today, the office, which Is based in Laayoune, holds weekly meetings with
leadingmembersofMINURSO,consultswithMoroccoandPOLISARIO,andprovideshumanitarian
assistance for Sahrawi refugees in the camps in the Tindouf region of Algeria (Mission
Notes,2011).IntheAfricancontext,thecommitmenttodecolonizationandinviolabilityofexisting
borders has led to the recognition of the SADR and to the withdrawal of Morocco from the
organization(Lehtinen,1999).TheAUhasalsobeenexploringwaysofbetteringitsrelationswith
MoroccobysometraderelationsanddiplomaticconversationfacilitatedbythePersonalEnvoyof
theUNSecretaryGeneral.Thesearchforastrongerbondbetweentwoactorsishopedtoaffect
thefutureofthenegotiationsaboutWesternSaharainapositiveway.
c. GroupofFriends:FrancehasbeenasteadfastsupporterofMoroccobeing itsnumberonetradingpartner,
primarycreditorandforeigninvestorwithclosebusinessandsocialties.Thetiesbetweenthetwo
havebeenandremainextremelyclosesincethetimethatMoroccoachievedindependencefrom
France and French political and other elite maintain second homes and spend vacations in
Morocco.Attimes,FrancehasactedasspokesmanforMoroccointheSecurityCouncilandwithin
the
Group
of
Friends
and
has
supported
the
UN
position
only
when
Morocco
has
been
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comfortable with it. It has shown no hesitation to stand alone from the rest when this suits
Morocco.
Starting in 2004, after the Madrid bombing and with the election of the current
government,SpainhasalsomovedclosertoMoroccoandawayfromitsmorenuancedposition.
Security(cooperationincounterterrorismgiventhatseveralofthebomberswereMoroccans,in
counternarcoticmeasuresandillegalmigrationfromAfrica)andbusiness(Moroccobeingamajor
tradepartnerandSpaingettingthe lionssharefromtheEUfisheriesagreementwithMorocco)
areplayingamajorroleinthecurrentgovernmentsstance.Howeverwidespreadpublicsupport
forPolisarioinSpainandmuchneededcooperationwithAlgeriaintheenergysectorhavecaused
Spaintooscillateinitsposition,whichhasoftenfurthercomplicatedthesituation.AlthoughSpain
isnotapermanentmemberoftheSecurityCouncil,forhistoricalreasons ithasbeenoneofthe
foundingmembersoftheGroupofFriendsofWesternSaharatheUS,France,UK,Russiaand
Spainandassuchitplaysakeyroleinnegotiatingthevariousresolutionsevenwhenitisnotin
theCouncil.
Russiaontheotherhand,hasbeeninmoreofabindbeingcaughtbetweenitspositionon
Kosovo, the independence of which it protests vehemently, and the declared independence of
AbkaziaandSouthOssetia,bothofwhichitengineeredandofwhichRussiaisoneofahandfulof
statestosupport.
As for the US, from the start of the conflict it has been an undisputed supporter of
MoroccoalthoughuntilApril2004itmaintainedamoreneutral,handsoffpositionsupportingUN
efforts,especiallywhenBakerwasthePersonalEnvoy. InJuly2003,theUSwas instrumental in
getting France on board the Security Council resolution supporting Bakers plan, even though
Morocco had indicated that it was not happy with it. In April 2004 however, when Morocco
rejectedtheplanoutright,theUSweakeneditssupportandjoinedFranceandSpaininsupporting
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asolutionbasedonMoroccospromisedautonomyproposal.Moroccoscooperationoncounter
terrorismanditsperceivedsupportiveroleontheIsraeliPalestinianconflictwerethekeyfactors
influencingtheUStodepartfromitspreviouslymoreneutralapproach.
THEQUESTIONOFNATURALRESOURCESINWESTERNSAHARA
Article1paragraph2ofthetwoUNcovenants,the InternationalCovenantonEconomic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights, goes as
follows:
Allpeoplesmay,for theirownends,freelydisposeof theirnaturalwealthand resources
withoutprejudice to any obligations arising out of international economic cooperation,
basedupontheprincipleofmutualbenefit,andinternationallaw.Innocasemayapeople
bedeprivedofitsownmeansofsubsistence.
This expression leads the international relations and legal literature to perceive the
questionofnaturalresources inWesternSaharaasaquestionofselfdetermination.Thearticle,
identical in both covenants, was applied by UN Human Rights Committee; and in 2001, the
InternationalLawCommissionhasconfirmedtheselfdeterminationaspectofnaturalresources.
Thefourthcommittee,asitisspecifiedfordecolonization,thereforetakesthequestionofnatural
resourcesinWesternSaharaintoconsideration.
Theeconomic importanceof theWesternSaharan territory,with theworlds richest fishing
grounds,
huge
untapped
phosphate
and
other
mineral
deposits
and
significant
oil
and
gas
reserves is claimed to be one of the triggering factors in the Western Sahara dispute by some
authors.TheCIAsWorldFactbooksaysWesternSaharadependsonpastoralnomadism,fishing
and phosphate mining as the principle sources of income for the population
(https://www.cia.gov/cia/publications/factbook/geos/wi.html).
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1. PhosphatesWestern Saharas shares of Moroccanregistered sales of phosphate imply that Western
Sahara alone would be among worlds largest exporter of phosphates. Phosphate is important
simplybecauseitisnonsubstitutable(Haugen,2007).
In the Madrid Agreement, signed in14 November 1975 and which divided Western Sahara
between Mauritania and Morocco while Spain kept certain interests, the phosphate resources
wereatgreatimportance.35percentoftheBauCraaminessharesstillbelongtoSpain.Morocco
isthebiggestphosphateexporterintheworld.POLISARIOhasattackedtheBauCraaminesseveral
timesbeforetheceasefire,whichshowstheimportanceofthehighcapacityofphosphatemines
in Western Saharan economy. Highranking military officers play important roles in the
phosphatesextraction.
2. NaturalGasandOilAsacontrasttotheEUMoroccoFisheriesPartnershipAgreement,enteredintoforcebetween
eight different oil companies and the Government of the Sahrawi Arab Democratic Republic is
basedonanacknowledgementthattheresourcesofWesternSaharashallnotbeexploitedunless
this is for the direct benefit for Sahrawi people, in accordance with the positions of their
representativebody,POLISARIO(Hauge,2007).
Theagreementsareimportantinthreeways:
First,theyaddressthePOLISARIO.
Second, they consider Sahrawian people have the right to take decisions regarding thenaturalresourcesintheirterritories.
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Third,
they
imply
that
the
conflict
will
one
day
come
to
end.
3. EUMoroccoFisheriesPartnershipAgreementThe fish delivered in the occupied Western Sahara city Laayoune alone represents 38.6
percentofthetotalMoroccanreportedfishcatch(Haugen,2007),accordingto2004figures.Each
yearmorethanonemilliontonsoffisharebroughtbyfishingvesselsfromthecoastofMorocco
whichincludesthecoastoutsideofWesternSahara.
TheUNCharterofEconomicRightsandDutiesofStates,1974,proclaimsthatnostatehas
therighttopromoteorencourageinvestmentthatmayconstituteanobstacletotheliberationof
a territory occupied by force. Yet to compensate for overfishing in European waters the
European Union has negotiated with Morocco a fisheries agreement, which permits European
fishinginbothMoroccanandSahrawiwaters(TUCReport,2006). OnMay22,2006; EUmember
statesdecidedtoenterintoanagreementwithMoroccowhichisapplicabletothewatersunder
the sovereignty orjurisdiction of the Kingdom of Morocco, giving 119 vessels, mostly Spanish,
access to these waters (Haugen,2007). Thus, the attemps to exclude Western Saharan waters
werenotsuccessful.
TheEUsupportsthattheagreementlegalaslongasitdoesnotopposewiththeinterestof
localpeople. The legalopinion of the EU states that theagreementcannot beprejudged that
Morocco will not comply with its obligations under international law visvis the people of
WesternSahara(Haugen,2007).Haugenfurtherstatesinhisarticlethat:
This ignores theactualMoroccanpolicyuntil today.Very little indicates thatMorocco is
preparedto
facilitate
afisheries
policy
which
is
defined
and
implemented
together
with
and
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inaccordancewith thewishesof the legitimate representativeof theSahrawianpeople.
Moreover(thelegalopinion)doesnotspecifythatitisonlytheformercolonialpeople,the
Sahrawis,whohas legal rightsover thenatural resources,while the currentpopulation,
consistingto
alarge
extend
of
Moroccan
settlers,
do
not
have
such
rights.
As mostof the traditional inhabitantsarecurrently refugees,andasSahrawis represent
only twopercentof the fish industryemployees; there isno likelihood that theywillhaveany
benefitfromtheagreement(Haugen,2007).ThisisthereasonwhythePOLISARIO isagainstthe
agreement.
Italso
is
argued
that
the
agreement
represents
the
Moroccan
sovereignty
claims
over
the
territory. Spain is the administrative force of Western Sahara; but the agreement addresses
Morocco. This argument caused contradictions between European companies, as once a
NorwegiancompanyclaimedsuchanagreementwouldweakentheUNsponsoredpeaceprocess.
Fromaninternationallawperspective,therearetwooptions:
First,theFisheriesAgreementcanberevised inordertoonlycoverthewaterunderthesovereigntyofMorocco.
Second,theFisheriesAgreementcanbecancelled,as isbuiltonawrongfulpremisethatMoroccohas legalcompetencetoenter intoanagreementwhichalsocoversaterritory
whichMoroccooccupies(Haugen,2007).
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HUMAN
RIGHTS
ASPECT
OF
THE
QUESTION
Refugees
TheSahrawirefugeesituationisoneof
the most protracted refugee situations
worldwide. Sahrawi refugees arrived to
Algeriain197576andwererecognizedby
thehostStateonaprimafaciebasis.Ever
since they have been residing in four
refugeecamps,namelyAwserd,Dakhla,LaayouneandSmara,andonesettlementintheAlgerian
southwesternprovinceofTindouf.Theestimates for therefugeesarebeyond100,000whereas
UNHCRs statistics claim that there are 116,415 refugees originating from Western Sahara
Territory, there are an estimated 165,000 Sahrawi refugees in the camps according to the
GovernmentofAlgeria.
OnthesideoftheUnitedNations,UNHCR is indialoguewith thehostGovernmentand the
Sahrawi refugee leadership seeking to conduct a registration exercise to determine the exact
numberofrefugeesinthecamps.Pendingapositiveconclusionofthisdialogue,forthepurpose
of UNHCRs humanitarian operation, the office is using a planning figure of 90,000 vulnerable
refugees in the camps. UNHCR has been continuing to protect and assist Western Saharan
refugees in the camps. Consequently, Western Saharan refugees received the basics of
subsistence, adequate food, water and sanitation, health services and primary education.
Furthermore,UNHCRhasreorienteditsprogrammein2010toinvestinthefutureofgenerations,
7/28/2019 Ga-4 Specpol Western Sahara
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through
capacity
building
and
support
to
local
human
rights
protection
institutions
and
mechanisms. Protection activities focus on monitoring the overall situation in the camps,
developing contacts and enhancing cooperation with the refugee leadership and camp
managementtoaddressrefugeeprotectionissues,advocacytopreventsex/genderbasedviolence
(SGBV) and other forms of human rights abuses and discrimination; capacity development and
trainingfor
local
administrative
bodies
and
the
judiciary
(e.g.
human
rights
training
for
Sahrawi
lawenforcementstructures).
PoliticalRightsandCivilLiberties
As the occupying force in Western Sahara, Morocco controls local elections which is
claimed tobeexcluding independenceminded leaders fromboth the localpoliticalprocessand
theMoroccan
Parliament.
Western Sahara is not listed separately on Transparency International's Corruption
Perceptions Index,but reportsofcorruptionarewidespread.Despite the fact that the territory
possesses extensive natural resources, including phosphate, ironore deposits, hydrocarbon
reserves,andfisheries,thelocalpopulationremainslargelyimpoverished.
Sahrawis are not permitted to form independent political or nongovernmental
organizations,andtheirfreedomofassemblyisseverelyrestricted.Asinpreviousyears,activists
supporting independenceandtheirsuspectedforeignsympathizersweresubjecttoharassment.
SahrawisaretechnicallysubjecttoMoroccanlaborlaws,butthereislittleorganizedlaboractivity
intheterritory.
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MoroccoandthePOLISARIOFrontbothrestrictfreemovementinpotentialconflictareas.
Morocco has been accused of using force and financial incentives to alter the composition of
WesternSahara'spopulation.
CONCLUSION
WesternSahara,beingoneofthelastsixteennonselfgoverningterritoriesrecognizedby
the United Nations, has been an area of dispute since the withdrawal of the former colonial
powerSpain.Theareahasbeenthecauseofmanyproblems.TheFrentePOLISARIOwhichisthe
political body representing the efforts for the establishment of the independent Sahrawi Arab
DemocraticRepublic
(SADR)
is
one
of
the
present
actors
with
regards
to
problems
facing
the
territory.Thefirstproblem,being inbetweenthePOLISARIOfrontandMorocco, isembodiedas
thereferendumdisputesbetweentwoparties.ThesecondoneisbetweenMoroccoandAlgeria,
theregionalbackerofthePOLISARIOfront.Thethird,whichcoversawiderareathatincludesthe
memberStatestotheAfricanUnionandtheLeagueofArabStates,isontherecognitionofeither
SADRsor
Moroccos
sovereignty
over
the
territory.
Apart
from
these;
exploitation
of
the
natural
resources in the territory constitutes disagreements in the international community, with
European Union and European companies being major actors as well as Morocco and the
POLISARIO front.Thehumanrightsaspectofthequestion; includingpreoccupationssuchasthe
human rightsviolations in the territory, theproblemsof the refugeecamps, thepolitical rights
andcivil
liberties
of
the
Sahrawi
people,
is
also
worth
the
primary
attention
of
the
international
community,namely,theUnitedNations.
The United Nations General Assembly Fourth Committee has dealt with the dispute on
WesternSharacomprehensivelysincethedayitwasincludedintheagendaofit.TheCommittee
is expected to give further recommendations on the permanent solution of the dispute in its
upcomingresolutions.
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Pointsthat
aGood
Resolution
Should
Include:
The recommendation of the General Assembly Fourth Committee about a possibleconsensusontheproblemsthatemergefromdifferingreferendumoptions
TheopinionandthesuggestionsoftheCommitteeaboutWesternSahara,solelyaboutitspositionasanonselfgoverningterritory
ThesubmissionsoftheCommitteetoMINURSOsprogram
ThesuggestionsoftheCommitteetothetwoopposingfrontsforahealthierenvironmentfornegotiation
Possible ways of cooperation of the United Nations General Assembly with other thirdpartiesforthebettermentofthesituationintheterritory.
ThepositionandtherecommendationsoftheCommitteeregardingthenaturalresourcesquestionofWesternSahara
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RESOURCES
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