area widely referred to as Western Sahara is classed by
the United Nations as a non-governing territory. Western
Sahara lies on the Atlantic coast of North West Africa,
bordered by Morocco to the north, Algeria to the northeast
and Mauritania to the south and southeast. Whilst the
borders with Mauritania and Algeria are defined and accepted,
the border with Morocco is disputed. The territory was
a colony of Spain from 1884 to 1975, when it was informally
referred to as "Spanish Sahara". The end of
Spanish colonisation (1884 to 1975) was marked by the
illegal partition of the territory by the Spanish dictator,
Franco, Morocco and Mauritania. This partition was in
contravention to previous Spanish commitments to comply
with defined UN decolonisation procedures, particularly
with respect to the organisation of a referendum of self-determination.
The Saharawi Arab Democratic Republic
(SADR) was proclaimed by the indigenous people of the
territory of Western Sahara on 27th of February 1976,
on final withdrawal of the Spanish colonial government
and military. Since 1976 Morocco has illegally occupied
Western Sahara, in contravention of the UN decolonisation
procedure and has repeatedly frustrated the rights of
the Saharawi people to self-determination.
The SADR is a full member of the
African Union and is recognised internationally by over
The Saharawi people and their ancestors
have lived and ruled Western Sahara since at least the
first century BC. The Saharawi people are ethnically,
culturally and linguistically distinct from the Moroccans.
Western Sahara has never been a part
of the Kingdom of Morocco nor have the Saharawi people
ever acknowledged Moroccan sovereignty.
The end of Spanish colonisation (1884
to 1975) was marked by the illegal partition of the territory
by the Dictator Franco, Morocco and Mauritania. This partition
was in contravention to previous Spanish commitments to
comply with UN Decolonisation procedures, particularly
the organisation of a referendum of self-determination.
See the UN Legal Opinion: http://www.arso.org/UNlegaladv.htm
The International Court of Justice
(ICJ) examined Moroccan and Mauritanian claims concerning
sovereignty over the Territory in 1975 and concluded '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'. The court
did not find legal ties of such a nature as might affect
the decolonisation 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. Despite the ICJ opinion, Morocco and Mauritania
immediately moved to occupy Western Sahara illegally.
With Moroccan government coercion and financial incentives
over 300,000 Moroccans were organised, under protection
of the Moroccan Armed Forces, to participate in the so-called
"Green March" to invade and settle Western Sahara.
The UN Security Council adopted resolution 375 (in 1975)
by which it requested the immediate withdrawal of the
Green March participants from the Territory.
The invasion and occupation of Western
Sahara, and Moroccan military air strikes against Saharawi
settlements, led to a mass exodus of 165,000 Saharawi
citizens over the eastern border of the Territory. The
indiscriminate bombardments of the civilian population
involved the use of both napalm and cluster bombs. Saharawi
refugees settled in tented camps close to the border near
the Algerian town of Tindouf where they have been living
in dire conditions since 1975.
In 1979 Mauritania signed a formal
treaty with Polisario agreeing to withdraw all territorial
claims to Western Sahara and formally recognised the SADR
as the legitimate sovereign authority of Western Sahara.
Moroccan forces immediately moved
to occupy the territory vacated by Mauritanian forces.
That fait accompli was vigorously condemned by the UN
General Assembly resolutions 3437(1979)
and 3519 (1980).
In the early 1980's Morocco, unable
to win the war militarily, undertook the construction
of a 2,200 km defensive wall (the berm) to protect its
demoralised forces and to enclose the occupied territory
with a view of initiating the exploitation of the Territory's
mineral resources. This rock and sand installation stands
approximately 3 meters high, has regularly spaced garrisons,
has the foreground covered with trenches and barbed wire
and is extensively defended with an estimated 3 million
landmines and more than 120,000 soldiers.
In 1988 both parties to the conflict agreed to a UN and
OAU Settlement Plan. The UN Security Council adopted the
Plan in resolutions 658 (690) and 690
(1991), by which it mandated the establishment
of the UN Mission for a referendum on the Western Sahara
(MINURSO). This eventually led to the declaration of a
cease-fire in 1991 with the aim of holding a referendum
in February 1992 to determine the wishes of the Saharawi
Repeated Moroccan interference and
objections to the work of the UN in establishing an electoral
roll, has prevented this referendum being held. Several
UN diplomats resigned during the initial UN electoral
attempts citing unacceptable Moroccan interference in
all aspects of the UN work.
In September 1997, under the auspices
of former US Secretary of State, James Baker III, Personal
Envoy of the UN Secretary General, the two parties signed
the Houston Agreements, which constituted a major breakthrough.
MINURSO finally accomplished the
identification process and published in February 2000,
the lists of those eligible to vote in the referendum.
This important progress, achieved by the UN at the cost
of 6 years of efforts and more than 500 million US Dollars,
resolved the principal problem that had been stalling
the Peace Process.
Once again Morocco looked for ways
to obstruct the process. It introduced 130,000 fake appeals
on behalf of Moroccans who were already rejected by the
UN Identification Commission to challenge the list of
voters published by MINURSO.
In 2003 Baker put forward a new proposal called "Peace
Plan for the self-determination of the people Western
Sahara", contained in report S/2003/565
of 23rd May 2003.
These actions have demonstrated that
Morocco's acceptance of the Settlement Plan was a tactical
move, with the aim of ending the hostilities through a
cease fire, but with no intention to resolve the conflict.
The Peace Plan establishes a transition
period of 5 years, at the end of which the UN would hold
a self-determination referendum for the Saharawi people.
The Polisario Front has responded
favourably to Baker's proposal. Morocco, as it already
did with the Settlement Plan of 1990-91, refuses to co-operate
with the UN, and continues having the untenable position
of opposing all solutions to the conflict that are based
on the principle of self-determination.
The political situation remains as
stark as the situation the Saharawi refugees faced 30
years ago. In the occupied areas, the Saharawi people
continue to endure a premeditated campaign of human rights
abuses, including murder, torture, disappearance and intimidation.
The country has been partitioned into two by the Wall.
Few journalists or independent observers have been able
to gain access to the occupied area and Saharawi refugees
remain in camps in the Tindouf area, facing hostile desert
conditions and reliant on UNHCR aid programmes.
The natural resources of Western
Sahara, particularly, phosphates and fisheries continue
to be pillaged by Morocco in violation of international
law. (See opinion of the UN Under-Secretary-General for
Legal Affairs, the Legal Counsel: http://www.arso.org/UNlegaladv.htm
The award of Reconnaissance Licenses for oil and gas exploration
over the territorial waters of Western Sahara to both
Kerr McGee and Total by Morocco in 2001 was condemned
by the SADR as an overtly provocative act by Morocco designed
to escalate political tension in the region.
The Under-Secretary-General of Legal
Affairs at the UN, Mr Hans Correll, issued a legal opinion
to the Security Council on the matter on 29 January 2002,
in which he reaffirmed that Morocco has no sovereignty
over Western Sahara. Mr Correll stated that if exploration
and exploitation of the oil resources of the Territory
"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".
Total announced its withdrawal from
the Territory in 2004 and a few seismic companies, including
TGS/Nopec, have indicated that they will not become involved
in the Territory without SADR permission.
Focus groups around the world have
commenced drawing the attention of the shareholders in
Kerr McGee to the illegal activities of their company
in the Territory. It is hoped Kerr McGee will respond
to shareholder concern and withdraw from the Territory.
The Government of the SADR considers
the involvement of any oil companies in Western Sahara
without the authorisation of the SADR to be illegal. The
SADR government asserts its right, as the representative
of the authority of the Saharawi people, to control and
administer the exploration of its mineral potential, and
encourages appropriately qualified and committed companies
to consider partnership with the SADR government.
Additional information details and
links can be found on the Western Sahara web site http://www.wsahara.net.