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Self-determination: The UN Role in Western Sahara
By Darrell Dela Rosa, for the Chronicle

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The UN Security Council on 31 July, stressing that a political solution was critically needed in the settlement of the dispute over Western Sahara-the only remaining non-self-governing territory in Africa-and given the lack of progress, extended the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 31 October 2003 and called on the parties to work with the United Nations and with each other towards acceptance and implementation of the "Peace plan". The plan aims to achieve a political solution to the conflict that provides for the self-determination of the people of Western Sahara, the status of which would be determined by a referendum under UN auspices four to five years after the signing of the plan by the interested parties, neighbouring countries and the United Nations.

In adopting unanimously resolution 1495 (2003), the Council also expressed its continued strong support for the efforts of the Secretary-General and his Personal Envoy, James A. Baker III, and similarly for the Peace plan as an "optimum political solution" on the basis of agreement between Morocco and the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (Frente POLISARIO).

When the United Nations was established in 1945, approximately 750 million people-about one third of the world's population-lived in territories dependent on colonial regimes; currently, fewer than 2 million live in such territories. The post-war period experienced a surge in decolonization efforts throughout the world. The United Nations since its inception has continually played a pivotal role in assuring that all peoples are given the right to self-determination, with the independence of 80 former colonies.

Chapter XI (Article 73) of the UN Charter delineates the principles that guide the Organization's decolonization efforts, one of which is respect for the political self-determination of all peoples. It states: "Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories." Moreover, the UN Declaration on the Granting of Independence to Colonial Countries and Peoples was adopted in 1960, which states that all peoples have a right to self-determination and that colonialism should be brought to a speedy and unconditional end.

MINURSO is the only current peacekeeping effort by the United Nations in a non-self-governing territory. The last colony to achieve independence was Timor-Leste on 20 May 2002. Jose Luis Guterres, Permanent Representative of Timor-Leste, in an echo of his own nation's path to self-determination, said of Western Sahara: "There should be peace. Peace and dialogue must continue in this process. The parties involved have to find ways in order for the Saharan people to determine their own future."

Western Sahara, a territory in northwest Africa, was administered by Spain until 1976. The Spanish laid claim to the coastal region of Rio de Oro in the nineteenth century and later occupied the northern interior, Saguia el-Hamra, in 1934; the two were then united into Spanish Sahara in 1958. Morocco and Mauritania both sought control over the territory and divided the land between them when the Spanish departed in 1976. The indigenous Saharawi people opposed the claims, forming the Frente POLISARIO and declaring a government in exile (the Saharawi Arab Democratic Republic) from their base in Algeria. Mauritania reached a peace agreement with the Frente POLISARIO in 1979, but Morocco seized the land given up by Mauritania and currently exerts administrative control over the region.

The United Nations has been seeking a settlement in Western Sahara since Spain's withdrawal. In 1985, the Secretary-General, in cooperation with the Organization of African Unity (OAU), initiated a mission of good offices, leading to settlement proposals that were accepted on 30 August 1988 by Morocco and the Frente POLISARIO. MINURSO was established in April 1991 to provide for a transitional period during which the Secretary-General's Special Representative would have sole responsibility over all matters relating to a referendum, in which the people of Western Sahara would also be able to choose between independence and integration with Morocco.

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The Special Representative would be assisted in his tasks by UN civilian, as well as military and civilian police personnel, during a transitional period which was to begin with a ceasefire and end with the proclamation of referendum results. On 24 May 1991, the Secretary-General proposed that a ceasefire between Morocco and the Frente POLISARIO should take effect on 6 September. This was accepted by both parties, but it became clear that substantial differences remained. Meanwhile, hostilities had erupted, thereby negating an informal ceasefire that had been in effect for over two years. The Secretary-General then decided that the formal ceasefire should take effect on 6 September, as was initially agreed, on the understanding that the transition period would begin once outstanding tasks were completed. The Security Council also supported his proposal that 100 military observers be deployed into the territory to verify the cessation of fighting-this was later increased to 228, in addition to logistics and administrative staff. At that time, the primary function of MINURSO was restricted to verification of the ceasefire and cessation of hostilities.

Since the establishment of MINURSO in 1991, the ceasefire has generally held, but the transitional period has not yet begun due to the parties' divergent views on key issues of the settlement plan, particularly regarding voting eligibility. These competing views notwithstanding, Morocco and the Frente POLISARIO have repeatedly reiterated their commitment to the plan, and MINURSO has carried out its functions as far as the conditions have allowed.

In May 1993, the Mission's Identification Commission was created and in August 1994, with the cooperation of both parties, MINURSO began the process of identifying the territory's potential voters. However, procedural difficulties impeded progress and resolving disagreements between the parties proved unsuccessful.

After successive and long interruptions in the identification process, it was suspended in May 1996 and MINURSO civilian staff were withdrawn, but the military observers remained to monitor and verify the ceasefire.

At the beginning of 1997, the Secretary-General intensified the examination of disputed issues in a series of direct talks in which both parties participated. By September, he announced that all agreements reached during negotiations had taken effect, and in December the identification process recommenced. By 3 September 1998, only three contested voting groupings remained. However, the parties had yet to completely agree on the status of the applicants from the three tribal groups. In 1998, the Secretary-General presented a series of measures to Morocco and the Frente POLISARIO, including the protocol for identifying the applicants, as well as for an appeals process. Both parties accepted the measures within a couple of months.

On 15 June 1999, identification of the applicants from the three tribal groups resumed. This process was completed at the end of 1999. A total of 86,386 persons had been found eligible to vote; however, the Identification Commission was faced with around 130,000 appeals. The identification process has been completed, but Morocco and the Frente POLISARIO have continually clung to contentious views on the appeals process, the repatriation of refugees and other important aspects of the settlement plan. The Secretary-General has requested his Personal Envoy to continue consultations to seek a reconciliation of differences between the two parties in order to achieve a long-term and durable solution of the conflict over Western Sahara.

The stalemate to a resolution notwithstanding, the United Nations has continued its efforts in hopes that one would be achieved. Since 1991, there have been no major eruptions of fighting. As of 31 July 2003, there were 253 military personnel in the territory to monitor the ceasefire.

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