United Nations

A/RES/50/36


General Assembly

Distr. GENERAL  
50th session
9 February 1996


Fiftieth session
Agenda item 18


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

     [on the report of the Special Political and Decolonization Committee
                        (Fourth Committee) (A/50/602)]


                     50/36.   Question of Western Sahara


      The General Assembly,

      Having considered in depth the question of Western Sahara,

      Reaffirming the inalienable right of all peoples to self-
determination and independence, in accordance with the principles set
forth in the Charter of the United Nations and in General Assembly
resolution 1514 (XV) of 14 December 1960, containing the Declaration
on the Granting of Independence to Colonial Countries and Peoples,

      Recalling its resolution 49/44 of 9 December 1994,

      Recalling also the agreement in principle given on 30 August 1988
by the Kingdom of Morocco and the Frente Popular para la Liberacio'n
de Saguia el-Hamra y de Ri'o de Oro to the proposals of the Secretary-
General of the United Nations and the current Chairman of the Assembly
of Heads of State and Government of the Organization of African Unity
in the context of their joint mission of good offices,

      Recalling further Security Council resolutions 621 (1988) of
20 September 1988, 658 (1990) of 27 June 1990, 690 (1991) of 29 April
1991, 725 (1991) of 31 December 1991, 809 (1993) of 2 March 1993 and
907 (1994) of 29 March 1994 relating to the question of Western
Sahara,

      Recalling with satisfaction the entry into force of the cease-
fire in Western Sahara on 6 September 1991, in accordance with the
proposal of the Secretary-General accepted by the two parties,

      Noting the adoption by the Security Council of resolutions 973
(1995) of 13 January 1995, 995 (1995) of 26 May 1995, 1002 (1995) of
30 June 1995 and 1017 (1995) of 22 September 1995,

      Welcoming the mission of the Security Council, which visited
Western Sahara and the countries of the region from 3 to 9 June 1995,

      Welcoming also the appointment of Mr. Erik Jensen as acting
Special Representative of the Secretary-General for Western Sahara,

      Concerned that the parties' continuing suspicion and lack of
trust have contributed to delays in the implementation of the
settlement plan,  1/

      Noting that, for progress to be achieved, the two parties must
have a vision of the post-referendum period,

      Expressing the hope for a rapid resolution of the problems
causing delays in the completion of the identification process, as
well as the code of conduct, the release of political prisoners, the
confinement of troops of the Frente Popular para la Liberacio'n de
Saguia el-Hamra y de Ri'o de Oro and the arrangements for the
reduction of the Moroccan troops in the territory,

      Stressing the importance and usefulness of the resumption of
direct talks between the two parties mentioned above in order to
create a propitious atmosphere conducive to a speedy and effective
implementation of the settlement plan,

      Having examined the relevant chapter of the report of the Special
Committee on the Situation with regard to the Implementation of the
Declaration on the Granting of Independence to Colonial Countries and
Peoples,  2/

      Having also examined the report of the Secretary-General,  3/

      1.    Takes note with appreciation of the report of the Secretary-
General;

      2.    Pays tribute to the Secretary-General and the personnel of
the United Nations Mission for the Referendum in Western Sahara for
their action with a view to settling the question of Western Sahara by
the implementation of the settlement plan;

      3.    Reiterates its support for further efforts of the Secretary-
General for the organization and supervision by the United Nations, in
cooperation with the Organization of African Unity, of a referendum
for self-determination of the people of Western Sahara, in conformity
with Security Council resolutions 658 (1990) and 690 (1991), by which
the Council adopted the settlement plan for Western Sahara;

      4.    Reaffirms that the goal on which all were agreed consists of
the holding of a free, fair and impartial referendum for the people of
Western Sahara, organized and conducted by the United Nations in
cooperation with the Organization of African Unity and without any
military or administrative constraints, in conformity with the
settlement plan;

      5.    Notes with concern the insufficient progress made towards
the fulfilment of the settlement plan, including the identification
process, the code of conduct, the release of political prisoners, the
confinement of troops of the Frente Popular para la Liberacio'n de
Saguia el-Hamra y de Ri'o de Oro and the arrangements for the
reduction of the Moroccan troops in the territory;

      6.    Calls upon the Kingdom of Morocco and the Frente Popular
para la Liberacio'n de Saguia el-Hamra y de Ri'o de Oro to work with
the Secretary-General and the United Nations Mission for the
Referendum in Western Sahara in a spirit of genuine cooperation to
implement the settlement plan in accordance with the relevant Security
Council resolutions;

      7.    Takes note of the decision of the Security Council to review
the arrangements for the completion of the identification process on
the basis of the report of the Secretary-General requested by the
Council in paragraph 4 of its resolution 1017 (1995) and to consider
at that time any further necessary measures which might need to be
taken to ensure the prompt completion of that process and of all the
other aspects relevant to the fulfilment of the settlement plan;

      8.    Expresses the hope that direct talks between the two parties
will soon resume in order to create a propitious atmosphere conducive
to speedy and effective implementation of the settlement plan;

      9.    Requests the Special Committee on the Situation with regard
to the Implementation of the Declaration on the Granting of
Independence to Colonial Countries and Peoples to continue to consider
the situation in Western Sahara, bearing in mind the ongoing
referendum process, and to report thereon to the General Assembly at
its fifty-first session;

      10.   Invites the Secretary-General to submit to the General
Assembly at its fifty-first session a report on the implementation of
the present resolution.

                                                          82nd plenary meeting
                                                               6 December 1995


                                     Notes

1/   S/21360 and S/22464 and Corr.1.

2/   A/50/23 (Part V), chap. IX.

3/   A/50/504.

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