In a communiqué issued Tuesday after the talks, United Nations Secretary general's Personal Envoy for the Sahara, Peter van Walsum said the parties had agreed to continue their negotiations in Manhasset in the second week of August.
Earlier, U.N Secretary General's Spokesperson Michèle Montas described as "very difficult" these talks held June 18-19, at the Manhasset Greentree Estate, an exclusive venue on the outskirts of New York City, used by the United Nations Secretary General and various UN agency heads for retreats and high-level meetings.
"At this stage, it is the beginning of long process. It's not going to be an easy process (and) at this point we don’t know what part of the process will be reflected in the Secretary General’s report to the security council,” scheduled for June 30, she said. “We are now talking about very difficult negotiations and as I say the beginning of the process.”
These talks were carried out under U.N. auspices, and facilitated by the Mr. Walsum. They were also attended by representatives form neighboring Algeria and Mauritania who were “consulted separately.”
Monday’s opening session was attended by Under-Secretary-General for Political Affairs B. Lynn Pascoe who said that the talks marked the beginning of a new phase in the search for a solution on Sahara. He urged the parties to proceed in good faith and to establish an atmosphere of mutual trust, and expressed the firm commitment of the United Nations to assist in the negotiations. The U.N. official also stressed that the stalemate is becoming intolerable and that the dispute over Western Sahara must be brought to a conclusion through a mutually agreed solution.
“The time has come for a solution. We wish you the best of luck, and reiterate our commitment to assist this process in every way possible," Pascoe told the meeting.
The first round of these talks were held in accordance with Security Council resolution 1754 which called on parties to enter into negotiation “without preconditions and in good faith.”
The Moroccan delegation to these talks was led by Minister for the Interior Chakib Benmoussa who underlined the need to reach a political solution to the 32-year old dispute over the former Spanish colony that was ceded by Spain to the North African country by virtue of the 1975 Madrid Accords. He made it clear that the Moment of truth has come for both parties to tackle the issue with “good faith”.
“The moment of truth has come. There can be no more hesitation, prevarication, obduracy, manoeuvring or tendentious interpretations.”, said Chakib Benmoussa.
The Moroccan delegation included Deputy Foreign Minister, Taieb Fassi Fihri, Deputy Interior Minister, Fouad Ali Al Himma, chairman of the Royal Council for Saharan Affairs (CORCAS), Khalihenna Ould Errachid, head of Morocco’s Intelligence (DGED), Mohamed Yassine Mansouri, and Morocco’s ambassador to the U.N. El Mostafa Sahel).
SOURCE( www.corcas.com)
jeudi 21 juin 2007
mercredi 20 juin 2007
negotiations over sahara appropriate occasion for peace
Negotiations over Sahara appropriate occasion for peace,
Moroccan Minister of Interior, Chakib Benmoussa said, here Sunday, that the first round of negotiations between Moroccan and Polisario delegations are "in fact an appropriate opportunity for peace that Morocco intends to seize to turn the page and move forward."
Mr Benmoussa also voiced hope that the two-day negotiations (June 18-19), be an opportunity to fulfill an important breakthrough thanks to the good will of all the parties concerned and the support of the United Nations and of friendly-countries.
A delegation of high-ranking officials will represent Morocco in these talks to be held in Manhasset (New York outskirts) in accordance with a recent resolution of the United Nations Security Council calling for "negotiations without preconditions" between the two parties to solve the three-decade old Sahara dispute.
The delegation includes Minister of the Interior Chakib Benmoussa, deputy Foreign Minister Taieb Fassi Fihri, deputy Interior Minister Fouad Ali Al Himma, Chairman of the Royal Consultative Council for Saharan Affairs (CORCAS) Khalihenna Ould Errachid, chief of Morocco's intelligence (DGED) Mohamed Yassine Mansouri and Morocco's Ambassador to the U.N El Mostafa Sahel.
The Kingdom will take part to these talks "in good faith and optimism, spurred on by the will to reach a reconciliation and a final solution to this disagreement, which lasted too long," the minister told the press.
The United Nations resolution leads the way for a new process aiming to reach a final solution to this regional disagreement, he went on to say, stressing that Morocco is aware that the process has just started.
As to Moroccan delegation member and chairman of the Royal Consultative Council for Saharan Affairs (CORCAS) Khalihenna Ould Errachid, he considered that the good will of the parties concerned is likely to trigger a "constructive and positive process"." The peoples of the region await such a dialogue and agreement-based process to outstrip disagreements," highlighted Mr. Ould Errachid.
Talks between Morocco and the separatists have already been held in the past but failed to achieve a solution of the dispute over the former Spanish colony. Spain ceded the Sahara to the North African country in 1975 by virtue of the Madrid Accords, but the Polisario, backed by Algeria, continues to claims independence of the territory.
(source :www.corcas.com)
Moroccan Minister of Interior, Chakib Benmoussa said, here Sunday, that the first round of negotiations between Moroccan and Polisario delegations are "in fact an appropriate opportunity for peace that Morocco intends to seize to turn the page and move forward."
Mr Benmoussa also voiced hope that the two-day negotiations (June 18-19), be an opportunity to fulfill an important breakthrough thanks to the good will of all the parties concerned and the support of the United Nations and of friendly-countries.
A delegation of high-ranking officials will represent Morocco in these talks to be held in Manhasset (New York outskirts) in accordance with a recent resolution of the United Nations Security Council calling for "negotiations without preconditions" between the two parties to solve the three-decade old Sahara dispute.
The delegation includes Minister of the Interior Chakib Benmoussa, deputy Foreign Minister Taieb Fassi Fihri, deputy Interior Minister Fouad Ali Al Himma, Chairman of the Royal Consultative Council for Saharan Affairs (CORCAS) Khalihenna Ould Errachid, chief of Morocco's intelligence (DGED) Mohamed Yassine Mansouri and Morocco's Ambassador to the U.N El Mostafa Sahel.
The Kingdom will take part to these talks "in good faith and optimism, spurred on by the will to reach a reconciliation and a final solution to this disagreement, which lasted too long," the minister told the press.
The United Nations resolution leads the way for a new process aiming to reach a final solution to this regional disagreement, he went on to say, stressing that Morocco is aware that the process has just started.
As to Moroccan delegation member and chairman of the Royal Consultative Council for Saharan Affairs (CORCAS) Khalihenna Ould Errachid, he considered that the good will of the parties concerned is likely to trigger a "constructive and positive process"." The peoples of the region await such a dialogue and agreement-based process to outstrip disagreements," highlighted Mr. Ould Errachid.
Talks between Morocco and the separatists have already been held in the past but failed to achieve a solution of the dispute over the former Spanish colony. Spain ceded the Sahara to the North African country in 1975 by virtue of the Madrid Accords, but the Polisario, backed by Algeria, continues to claims independence of the territory.
(source :www.corcas.com)
Negotiations over Sahara start in New York suburbs
Negotiations between Morocco and the Polisario about the Sahara were launched Monday afternoon (4 p.m. GMT) at Manhasset, in New York's suburbs and under and aegis of the United Nations.
The talks are launched in accordance with the 1754 resolution of the U.N. Security Council rendered on April 30, and which calls on the parties to the Sahara issue to "enter into negotiations without preconditions in good faith," with a view to "achieving a just, lasting and mutually acceptable political solutions."
Besides Morocco and Polisario, the negotiations are attended by delegations from Morocco's neighbors, Algeria and Mauritania in the presence of the U.N. facilitator, Van Walsum.
The Moroccan delegation includes Interior Minister, Chakib Benmoussa, Deputy Foreign Minister, Taieb Fassi Fihri, Delegate Minister in the Interior, Fouad Ali Al Himma, chairman of the Royal Council for Sahara Issues (CORCAS), Khalihenna Ould Errachid, head of the Moroccan Intelligence, Mohamed Yassine Mansouri, Permanent Representative of Morocco at the U.N. El Mostafa Sahel. The delegation is accompanied by CORCAS Secretary General, Maouelainin Maouelainin Ben Khelihanna and Senior Governor of the southern city of Dakhla, Mohamed Salah Tamek as technical advisors.
source(www.corcas.com)
Negotiations between Morocco and the Polisario about the Sahara were launched Monday afternoon (4 p.m. GMT) at Manhasset, in New York's suburbs and under and aegis of the United Nations.
The talks are launched in accordance with the 1754 resolution of the U.N. Security Council rendered on April 30, and which calls on the parties to the Sahara issue to "enter into negotiations without preconditions in good faith," with a view to "achieving a just, lasting and mutually acceptable political solutions."
Besides Morocco and Polisario, the negotiations are attended by delegations from Morocco's neighbors, Algeria and Mauritania in the presence of the U.N. facilitator, Van Walsum.
The Moroccan delegation includes Interior Minister, Chakib Benmoussa, Deputy Foreign Minister, Taieb Fassi Fihri, Delegate Minister in the Interior, Fouad Ali Al Himma, chairman of the Royal Council for Sahara Issues (CORCAS), Khalihenna Ould Errachid, head of the Moroccan Intelligence, Mohamed Yassine Mansouri, Permanent Representative of Morocco at the U.N. El Mostafa Sahel. The delegation is accompanied by CORCAS Secretary General, Maouelainin Maouelainin Ben Khelihanna and Senior Governor of the southern city of Dakhla, Mohamed Salah Tamek as technical advisors.
source(www.corcas.com)
vendredi 15 juin 2007
AN ANSWER TO THE LEADER OF THE POLISARIO
AN ANSWER TO THE LEADER OF THE POLISARIO
TAOUFIQ GAZOULIT
At the beginning of April the leader of the Polisario sent a letter to the newly nominated general secretary of the UN Mr Ban Ki-Moon, expressing his views about Western SaharaHe mentioned in his letter “the human right situation, the infringements on political freedoms, and the implementation of the right to self-determination of the people of western sahara. Mr Mohamed Abdelaziz was obviously referring to the present human right, and political situation of sahraouis who live in the southern region of the Kingdom of Morocco, he deliberately ignored the alarming situation in Tindouf camps inside Algeria, and the main historical and legal aspects of the conflict.Being myself a sahraoui , I have taken the liberty not only to clarify the aspects mentioned above but also to explain to what extent the Polisario is losing momentum although they have submitted a proposal to the UN, as An answer to the substantial autonomy proposal submitted by Morocco to the UN . The project consists of giving Western Sahara a substantial autonomy within Moroccan sovereignty. Sahraouis will have a parliament with power over local policies in terms of management and decisions concerning “southern provinces”, cabinet ministries, and their own judiciary, but the Moroccan flag would fly over the territory, the currency and stamps would be Moroccan, and the Moroccan king would remain the highest religious authority in the land. It is in the same context that the royal advisory council for Saharan affairs, commonly known by its French acronym CORCAS, was created by King Mohammed VI in march 2006, by enhancing its official status and defining its role to “foster the culture of dialogue, and thus pave the way for our citizens to help in this process and make practical proposals on matters pertaining to our country’s territorial integrity” (speech of 25th of march delivered by the monarch of Morocco).
This culture of dialogue is the king’s innovative initiative to seek solutions to significant issues facing Morocco. In 2004, Morocco’s truth and reconciliation commission was created to investigate past human rights violations and propose political and judicial reforms which were approved by the king. CORCAS was another example of the king innovative approach to make use of dialogue to find solutions to complex social and economic issues. It is worth mentioning that CORCAS is composed of 140 members (among them 14 women) they represent an ethnic, political, and tribal section of Moroccan society most of CORCAS’s members are representatives from all Sahraoui tribes, including the father of the Polisario leader Mohammed Abdelaziz.
CORCAS’s main task is to seek input from all parties concerned and affected by the 31 year old dispute in order to follow the right way towards a substantial autonomy for the Western Sahara. In this context the polisario was invited to take part of this national dialogue. Up to now the polisario leader has refused. The kingdom of Morocco has formally submitted its proposal to the United Nations)
Morocco regained Western Sahara in accordance with the treaty of 14 November 1975 signed between Spain and Morocco; this treaty marked the end of a continued struggle that lasted over a century. But it has created tension in the northwest of Africa. The Algerians blamed Morocco for refusing to recognise that the Sahraouis had the right to make their own decisions. What they did not appear to realise was that the entire Moroccan population, including Sahraouis, had been fighting for the return of the Sahara since 1884, when Spain laid claim to the area, and since gaining the incomplete independence in 1956. Morocco had continued the fight for unity and territorial integrity.It is not by chance that the general assembly resolutions adopted in 1965 and 1968 confirming the right to self-determination refer not only to the population of Ifni, but also to that of Western Sahara. Resolution 1514 considered to be the charter of decolonisation, states in paragraph 6 that : “any attempt to destroy partially or wholly the national unity and territorial integrity of a country are incompatible with the aims and ideas of the UN charter
In1956, when the protectorate had come to an end, Morocco demanded the return of Western Sahara in order to reconstitute national unity and integrity. Moroccans believe that the recovery of the ex Spanish Sahara was a result of a lengthy national struggle, they pointed out that in 1957 this struggle had resulted in the placing of the Moroccan army of liberation in some areas of the Western Sahara. If it was not for the joint military intervention in 1958 of both French and Spanish troops (Ecouvillon operation) the liberation and reintegration of the Saharan territory would already be carried out. This explains why for a legal and political point of view, the Western Sahara’s issue is still very much in the foreground of Moroccan minds.
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 “……that at the time of colonization of Western Sahara by Spain, the Cherifian state had a particular character is certain. The particularity lay in that it was founded on the religious link of Islam which united the populations, and on the allegiance of the various tribes to the Sultan through the intermediary of their Caids or Sheikhs, more than on national territory” (see international court of justice / advisory opinion 16/10/1975 )
The link of allegiance is not just formal but has an effective and concrete juridical character which was recognized by the international court of justice, as the normal basis for the tie of nationality. The court therefore decided that Western Sahara was not a TERRA NULLIUS. Its population, although consisting mainly of nomads, was organized in tribes under the authority of elected sheikhs. It found that legal ties of allegiance between the Sultan of Morocco and the tribes living in the territory of Western Sahara existed and that this legal situation was recognized not only by the Sultan and the population concerned, but also by the international community.
As for the wishes of the Sahraouis, these were expressed on several occasions, firstly within the framework of mass participation in various electoral consultations organized in Morocco since 1975. Sahraouis were and still are able to vote for their representatives in the different local, regional, and professional institutions, as well as in the parliament. When it comes to the Sahraoui population, more than two thirds of sahraouis live in the Sahara within Moroccan borders. The rest which is around twenty per cent, including the political and military leadership of the Polisario live in the Tindouf camps inside Algeria. The Polisario can not be the sole and legitimate representative of Sahraouis, especially if we take into account that two third of Sahraouis do live under Moroccan sovereignty and most of them fully support the substantial autonomy project. At the same time, some of those living as refugees in Tindouf camps, south-west of Algeria back the autonomy seeing it a solution that guaranties political, economic and social rights of Sahraouis.
Despite the ideological decline of the Polisario it remains a radical totalitarian movement particularly in its methodology. It claims that the number of refugees in the Tindouf camps is around 155.000 people. The UN HCR estimates the figure between 70.000 and 90.000. The Moroccans estimate is lower. The Polisario has two reasons for inflating this number. It enables it to strengthen its legimacy as a main player in the conflict and also to receive humanitarian aid which is distributed in proportion to the number of refugees.
The Polisario was severely accused of human rights abuses, the detention, killing, and the abusive treatment of Moroccan prisoners of war from the late 70’s to 2006. Other accusations were that some of the Sahraouis are kept in the Tindouf camps against their will and do not enjoy freedom of expression.
In a report published in 2003, amnesty international concluded that “freedom of expression, association and movement continued to be restricted in the camps controlled by the Polisario near Tindouf in south western Algeria”.
A full and comprehensive report of an independent committee of inquiry into allegations of violations of human rights, crimes, abuses and various other irregularities brought against the polisario front, was submitted to the special political and decolonisation committee (fourth committee) of the United Nations on the 4th of October 2006. This 38 page report deals with the following aspects :
1. the use of torture; 2. the absence of even the minimum level of judicial process;3. the condition of detention;4. forced labour and rape;5. Malnutrition of prisoners and absence of medical care;6. the abdication of Moroccan citizens within the international recognised frontiers of Morocco. At the present time the Polisario is losing momentum. In fact, all the signs indicate that it will weaken further more in case the status quo remains. The Polisario leadership believes that The new proposal they submitted to the UN is the only way to remain an active player in the conflict . As to the Polisario, its creation took place in Zouerate in Mauritania, by twenty one Moroccan sahraouis the 28th of April 1973. When the Polisario front moved to the Tindouf area inside Algeria, automatically the Polisario became under the direct Algerian control, in this context it was the leadership of the Polisario that planed during November and December 1975 the emigration of a number of Sahraouis from their homes in the Sahara to Tindouf refugee camps. In fact the present refugees in the camps inside Algeria were victims oh systematic lies and manoeuvres of the Polisario.The Polisario has been feeling internal pressure since the 1991ceasefire. Thousands of sahraouis living in the refugees camps in Tindouf inside Algeria are kept against their will, and do not enjoy the basics of freedom of expression ,but in any case after three decades of isolation in a harsh environment, youngsters who have never been allowed to visit nor to join their families in the Sahara rail in frustration, according to Mrs Khadija Hamdi the wife of the leader of the Polisario “ young sahraouis started to get tired of living in the refugee camps” she added in an interview with a Spanish newspaper “ youngsters do not share the same goals, nor the same preoccupations like their parents(see Spanish newspaper :”Levante”08/1/2007) .A new movement was created in July 2004 called KHAT AL SHAHID (martyr line) which advocates a negotiated settlement of the Saharan dispute. Mahjoub Salek, the spokesman for the movement in an interview with TEL QUEL magazine explains that it represents itself as an alternative to the current Polisario front leadership, and is preparing a draft resolution of the conflict addressed to all the parties concerned including Spain, the EU and the UN (see TELQUEL magazine/Morocco n 243-2006)The Polisario can not claim to be the sole and legitimate representative of sahraouis, especially if we take into account that over two third of sahraouis do live under Moroccan sovereignty, and they fully support the substantial autonomy project proposed by the King of Morocco (see http:www.corcas.com) at the same time those living as refugees in Tindouf camps, south-west of Algeria back the autonomy seeing it a solution that guaranties political, economic and social rights of sahraouis.
I would like to remind the leader of the Polisario that the process of decolonization of Moroccan territories which were occupied by Spain took place through negotiations In this respect, Morocco regained the north zone in April 1956, Tarfaya and Tan Tan in 1958, Sidi Ifni in1969, and the Sahara 1975 when Spain and Morocco signed an agreement treaty.
AS to the referendum, I would like to remind again Mr Abdelaziz of the following facts that he seems to deliberately ignore:1. the war in the Sahara lasted 16 years from 1976 to 1991, the Polisario lost the war2. Since war brought about no solution; the UN tried to organize a referendum based upon identification. Nevertheless the UN became aware of the fact that the referendum is impossible to carry out since sahraouis do not live only in Morocco, but also in Algeria, Mauritania, and Mali. This means that they should be a change of these borders (this not acceptable by countries concerned) in order to organize a just and fair referendum. The UN general secretary confirmed that the organization of a referendum is impossible politically and technically.3. The polisario remains a totalitarian military and political movement, with single party system, sole institutions, with everything wrapped up in one-track thinking.4. Because of the nature of the polisario cited above, sahraouis in the refugee camps have lost their “liberties», but they will definitely regained them by the King’s wise proposal.5. It is not wise to sign your letter to the UN general secretary as “ the President of SADR” such republic does not exist on any territory, but in Algeria. It has not attribute of sovereignty, exists only on internet and in fictitious institutions on the territory of Algeria
THE Moroccan PROPOSAL meets international standards, transfers competences, and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty; while leaving room for negotiations. It is notable that autonomy is an advanced form of self-determination.
THE YOUNG KING’S WISE PROPOSAL was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis CORCAS played a major role in the elaboration of such proposal. IT is wise that all parties concerned including Algeria consider the King’s proposal as a basis for any future settlement
THE YOUNG KING’S WISE PROPOSAL offers a golden opportunity to the leadership of the Polisario, to accept the only solution possible, a substantial autonomy under the sovereignty of the Kingdom of Morocco
TAOUFIQ GAZOULIT
At the beginning of April the leader of the Polisario sent a letter to the newly nominated general secretary of the UN Mr Ban Ki-Moon, expressing his views about Western SaharaHe mentioned in his letter “the human right situation, the infringements on political freedoms, and the implementation of the right to self-determination of the people of western sahara. Mr Mohamed Abdelaziz was obviously referring to the present human right, and political situation of sahraouis who live in the southern region of the Kingdom of Morocco, he deliberately ignored the alarming situation in Tindouf camps inside Algeria, and the main historical and legal aspects of the conflict.Being myself a sahraoui , I have taken the liberty not only to clarify the aspects mentioned above but also to explain to what extent the Polisario is losing momentum although they have submitted a proposal to the UN, as An answer to the substantial autonomy proposal submitted by Morocco to the UN . The project consists of giving Western Sahara a substantial autonomy within Moroccan sovereignty. Sahraouis will have a parliament with power over local policies in terms of management and decisions concerning “southern provinces”, cabinet ministries, and their own judiciary, but the Moroccan flag would fly over the territory, the currency and stamps would be Moroccan, and the Moroccan king would remain the highest religious authority in the land. It is in the same context that the royal advisory council for Saharan affairs, commonly known by its French acronym CORCAS, was created by King Mohammed VI in march 2006, by enhancing its official status and defining its role to “foster the culture of dialogue, and thus pave the way for our citizens to help in this process and make practical proposals on matters pertaining to our country’s territorial integrity” (speech of 25th of march delivered by the monarch of Morocco).
This culture of dialogue is the king’s innovative initiative to seek solutions to significant issues facing Morocco. In 2004, Morocco’s truth and reconciliation commission was created to investigate past human rights violations and propose political and judicial reforms which were approved by the king. CORCAS was another example of the king innovative approach to make use of dialogue to find solutions to complex social and economic issues. It is worth mentioning that CORCAS is composed of 140 members (among them 14 women) they represent an ethnic, political, and tribal section of Moroccan society most of CORCAS’s members are representatives from all Sahraoui tribes, including the father of the Polisario leader Mohammed Abdelaziz.
CORCAS’s main task is to seek input from all parties concerned and affected by the 31 year old dispute in order to follow the right way towards a substantial autonomy for the Western Sahara. In this context the polisario was invited to take part of this national dialogue. Up to now the polisario leader has refused. The kingdom of Morocco has formally submitted its proposal to the United Nations)
Morocco regained Western Sahara in accordance with the treaty of 14 November 1975 signed between Spain and Morocco; this treaty marked the end of a continued struggle that lasted over a century. But it has created tension in the northwest of Africa. The Algerians blamed Morocco for refusing to recognise that the Sahraouis had the right to make their own decisions. What they did not appear to realise was that the entire Moroccan population, including Sahraouis, had been fighting for the return of the Sahara since 1884, when Spain laid claim to the area, and since gaining the incomplete independence in 1956. Morocco had continued the fight for unity and territorial integrity.It is not by chance that the general assembly resolutions adopted in 1965 and 1968 confirming the right to self-determination refer not only to the population of Ifni, but also to that of Western Sahara. Resolution 1514 considered to be the charter of decolonisation, states in paragraph 6 that : “any attempt to destroy partially or wholly the national unity and territorial integrity of a country are incompatible with the aims and ideas of the UN charter
In1956, when the protectorate had come to an end, Morocco demanded the return of Western Sahara in order to reconstitute national unity and integrity. Moroccans believe that the recovery of the ex Spanish Sahara was a result of a lengthy national struggle, they pointed out that in 1957 this struggle had resulted in the placing of the Moroccan army of liberation in some areas of the Western Sahara. If it was not for the joint military intervention in 1958 of both French and Spanish troops (Ecouvillon operation) the liberation and reintegration of the Saharan territory would already be carried out. This explains why for a legal and political point of view, the Western Sahara’s issue is still very much in the foreground of Moroccan minds.
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 “……that at the time of colonization of Western Sahara by Spain, the Cherifian state had a particular character is certain. The particularity lay in that it was founded on the religious link of Islam which united the populations, and on the allegiance of the various tribes to the Sultan through the intermediary of their Caids or Sheikhs, more than on national territory” (see international court of justice / advisory opinion 16/10/1975 )
The link of allegiance is not just formal but has an effective and concrete juridical character which was recognized by the international court of justice, as the normal basis for the tie of nationality. The court therefore decided that Western Sahara was not a TERRA NULLIUS. Its population, although consisting mainly of nomads, was organized in tribes under the authority of elected sheikhs. It found that legal ties of allegiance between the Sultan of Morocco and the tribes living in the territory of Western Sahara existed and that this legal situation was recognized not only by the Sultan and the population concerned, but also by the international community.
As for the wishes of the Sahraouis, these were expressed on several occasions, firstly within the framework of mass participation in various electoral consultations organized in Morocco since 1975. Sahraouis were and still are able to vote for their representatives in the different local, regional, and professional institutions, as well as in the parliament. When it comes to the Sahraoui population, more than two thirds of sahraouis live in the Sahara within Moroccan borders. The rest which is around twenty per cent, including the political and military leadership of the Polisario live in the Tindouf camps inside Algeria. The Polisario can not be the sole and legitimate representative of Sahraouis, especially if we take into account that two third of Sahraouis do live under Moroccan sovereignty and most of them fully support the substantial autonomy project. At the same time, some of those living as refugees in Tindouf camps, south-west of Algeria back the autonomy seeing it a solution that guaranties political, economic and social rights of Sahraouis.
Despite the ideological decline of the Polisario it remains a radical totalitarian movement particularly in its methodology. It claims that the number of refugees in the Tindouf camps is around 155.000 people. The UN HCR estimates the figure between 70.000 and 90.000. The Moroccans estimate is lower. The Polisario has two reasons for inflating this number. It enables it to strengthen its legimacy as a main player in the conflict and also to receive humanitarian aid which is distributed in proportion to the number of refugees.
The Polisario was severely accused of human rights abuses, the detention, killing, and the abusive treatment of Moroccan prisoners of war from the late 70’s to 2006. Other accusations were that some of the Sahraouis are kept in the Tindouf camps against their will and do not enjoy freedom of expression.
In a report published in 2003, amnesty international concluded that “freedom of expression, association and movement continued to be restricted in the camps controlled by the Polisario near Tindouf in south western Algeria”.
A full and comprehensive report of an independent committee of inquiry into allegations of violations of human rights, crimes, abuses and various other irregularities brought against the polisario front, was submitted to the special political and decolonisation committee (fourth committee) of the United Nations on the 4th of October 2006. This 38 page report deals with the following aspects :
1. the use of torture; 2. the absence of even the minimum level of judicial process;3. the condition of detention;4. forced labour and rape;5. Malnutrition of prisoners and absence of medical care;6. the abdication of Moroccan citizens within the international recognised frontiers of Morocco. At the present time the Polisario is losing momentum. In fact, all the signs indicate that it will weaken further more in case the status quo remains. The Polisario leadership believes that The new proposal they submitted to the UN is the only way to remain an active player in the conflict . As to the Polisario, its creation took place in Zouerate in Mauritania, by twenty one Moroccan sahraouis the 28th of April 1973. When the Polisario front moved to the Tindouf area inside Algeria, automatically the Polisario became under the direct Algerian control, in this context it was the leadership of the Polisario that planed during November and December 1975 the emigration of a number of Sahraouis from their homes in the Sahara to Tindouf refugee camps. In fact the present refugees in the camps inside Algeria were victims oh systematic lies and manoeuvres of the Polisario.The Polisario has been feeling internal pressure since the 1991ceasefire. Thousands of sahraouis living in the refugees camps in Tindouf inside Algeria are kept against their will, and do not enjoy the basics of freedom of expression ,but in any case after three decades of isolation in a harsh environment, youngsters who have never been allowed to visit nor to join their families in the Sahara rail in frustration, according to Mrs Khadija Hamdi the wife of the leader of the Polisario “ young sahraouis started to get tired of living in the refugee camps” she added in an interview with a Spanish newspaper “ youngsters do not share the same goals, nor the same preoccupations like their parents(see Spanish newspaper :”Levante”08/1/2007) .A new movement was created in July 2004 called KHAT AL SHAHID (martyr line) which advocates a negotiated settlement of the Saharan dispute. Mahjoub Salek, the spokesman for the movement in an interview with TEL QUEL magazine explains that it represents itself as an alternative to the current Polisario front leadership, and is preparing a draft resolution of the conflict addressed to all the parties concerned including Spain, the EU and the UN (see TELQUEL magazine/Morocco n 243-2006)The Polisario can not claim to be the sole and legitimate representative of sahraouis, especially if we take into account that over two third of sahraouis do live under Moroccan sovereignty, and they fully support the substantial autonomy project proposed by the King of Morocco (see http:www.corcas.com) at the same time those living as refugees in Tindouf camps, south-west of Algeria back the autonomy seeing it a solution that guaranties political, economic and social rights of sahraouis.
I would like to remind the leader of the Polisario that the process of decolonization of Moroccan territories which were occupied by Spain took place through negotiations In this respect, Morocco regained the north zone in April 1956, Tarfaya and Tan Tan in 1958, Sidi Ifni in1969, and the Sahara 1975 when Spain and Morocco signed an agreement treaty.
AS to the referendum, I would like to remind again Mr Abdelaziz of the following facts that he seems to deliberately ignore:1. the war in the Sahara lasted 16 years from 1976 to 1991, the Polisario lost the war2. Since war brought about no solution; the UN tried to organize a referendum based upon identification. Nevertheless the UN became aware of the fact that the referendum is impossible to carry out since sahraouis do not live only in Morocco, but also in Algeria, Mauritania, and Mali. This means that they should be a change of these borders (this not acceptable by countries concerned) in order to organize a just and fair referendum. The UN general secretary confirmed that the organization of a referendum is impossible politically and technically.3. The polisario remains a totalitarian military and political movement, with single party system, sole institutions, with everything wrapped up in one-track thinking.4. Because of the nature of the polisario cited above, sahraouis in the refugee camps have lost their “liberties», but they will definitely regained them by the King’s wise proposal.5. It is not wise to sign your letter to the UN general secretary as “ the President of SADR” such republic does not exist on any territory, but in Algeria. It has not attribute of sovereignty, exists only on internet and in fictitious institutions on the territory of Algeria
THE Moroccan PROPOSAL meets international standards, transfers competences, and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty; while leaving room for negotiations. It is notable that autonomy is an advanced form of self-determination.
THE YOUNG KING’S WISE PROPOSAL was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis CORCAS played a major role in the elaboration of such proposal. IT is wise that all parties concerned including Algeria consider the King’s proposal as a basis for any future settlement
THE YOUNG KING’S WISE PROPOSAL offers a golden opportunity to the leadership of the Polisario, to accept the only solution possible, a substantial autonomy under the sovereignty of the Kingdom of Morocco
jeudi 14 juin 2007
THE LEGAL TIES BETWEEN MOROCCO AND WESTERN SAHARA
THE LEGAL TIES BETWEEN MOROCCO AND WESTERN SAHARA
BY: TAOUFIQ GAZOULIT
The legal ties between the Kingdom of Morocco and Western Sahara, went back to centuries, in fact the Sultans of Morocco legislated for the provinces of Western Sahara, as they did for the rest of the national territory. This legislation took the form of dahirs (decrees) and extended to economic activity through the control of trade and production, in particular as regard to fishing, the monopoly on which was generally reserved for the subjects of the Sultan except in cases of special concessions to foreigners. It also extended to the administration of the ports, in order to open or close them to foreign trade according to the requirements of national policy.
The legislative authority of the Sultan also related to raw materials and fiscal matters through the assessment, imposition and collection of taxes and dues. The Spanish historian HUICI says in his political history of the Almohad Empire, that Sultan Abdelmoumen levied taxes in the far souss, which straddles the valley of Seguia Al Hamra.
Allegiance to the Sultan was of a political and constitutional character, even at the time of colonization by Spain that is towards the end of the nineteenth century, the Sultan exercised legislative and executive powers, to which was added spiritual power. He exercised these powers by means of dahirs issued under his own signature. This means that the Sultan at that time personified the state through the powers he exercised. Allegiance to the Sultan was therefore equivalent to allegiance to the state. In this respect, it is worth stating that the legal ties between Morocco and Western Sahara were recognized by the international court of justice.
Internal manifestations of Moroccan authority over Western Sahara
The Moroccan Sultans exercised power by means of dahirs not only for executive but also for legislative matters. This was how they appointed and dismissed the caids to whom they gave responsibilities of government in a region, on a coast or over a group of tribes. The caids were the military commanders who also had administrative functions. The choice of a Sultan could fall on a person because of his local influence or family or tribal connections. In this respect, six historians, one French, Vernet and five Spanish: Domeneh, Lafluente, Seco de Lucena,Huici and Romeu, relate events which , in the case of vernet, date back to the seventh century .On page 36 of his work, “islamisation”, Vernet recounts how, after the Arab conquest of Morocco by Okba Ibn NAAFI in 681, Moussa Ibn Nosair ( a Lebanese chief converted to Islam who accompanied Tariq ben ziad in his crossing of the straits of Gibraltar and in the conquest of Spain )sent his son Merouan to the furthest Souss which is situated between the boundaries of seguia al hamra . Vernet also adds the following facts:
• In 740 the Moroccan governor (or caid) called Ismail Ben Obeidetallah was appointed to Seguia al hamra.• In 745 Okba’s great – nephew went almost to the end of Western Sahara and dug the first wells.• In 761 the Sahara had a Moroccan governor called Mohammed Sonjai, who conducted a campaign in the Sudan.
From this time on, continues Vernet the dynasty of the Idrissids did not cease to govern the Sahara until the following dynasty of the Almoravids.
THE MILITARY EXPEDITIONS
In the past, the authority of the Sultan over Western Sahara was recognized by the international community .The expeditions undertaken by the Sultans took two forms: some had the purpose of controlling Western Sahara and more particularly, Seguia al hamra, and others crossed Western Sahara in order to reach countries in the south as far as the river of Niger. The autoresse of “Avec les Rois Alaouites” Odette de Puigaudeau, notes that: “The cherifian interventions lost their character of conquest and only retained that of tours of Inspection and prestige”. This was at the end of Moulay Hassan’s reign, which is considered to be the first period of colonization by Spain. Documents show that reports written by diplomats admitted the legal ties between Morocco and Western Sahara. For example, in his report to the French foreign minister the French consul in Western Sahara wrote: “the expedition of Sultan Moulay Hassan to the Souss can be regarded as fully completed. It was a triumphal progress all the way. All the tribes made their submissions and swore allegiance to him. Even the very nomads of the Sahara were bent on bringing him fast camels and offering him their help in the holy war” (see report of 7 June 1886 to the French foreign minister. “Documents diplomatiques Francais 1871-1914”). What should be noted from this report are the passages concerning the oaths of allegiance of the tribes and the help which they offered the Sultan with regard to the holy wars
RELIGIOUS TIES
It is worth noting that the religious tie is one of the constituent elements of the legal ties between the Kingdom of Morocco and Western Sahara region. To prove the existence of this kind of tie one must quote in particular Paul Cambon, the French ambassador in Madrid, who reported the following observation to his minister of foreign affairs: “It has always been recognized that the territorial sovereignty of the Sultan extends as far as his religious suzerainty, and it is beyond doubt that the peoples of cape juby are subject to him from the religious point of view, we could consider its sovereignty as indisputable” (see “documents diplomatiques français 1871-1914, first series’ )
THE TREATIES
The legal ties between Western Sahara and the kingdom of Morocco were actually recognized in the treaties which took away Moroccan independence. These treaties are the basis to assess the ties that always existed between Western Sahara and the Kingdom of Morocco. To start with, there is the Anglo-Moroccan agreement of 13 march 1895, clause I of which reads as follows: “If this government buys the building etc…in the place above – named From the above-named company, no-one will have any claim to the Lands that are between Wadi Draa and cape boujdour, and which are called Tarfaya above-named, and all the lands behind it, because all this belongs to the Territory of Morocco”
Great Britain thus recognized that Moroccan territory extended to cape boujdour, including SEGUIA AL HAMRA. Moreover, the letters annexed to the treaty of 4 November 1911 signed between France and Germany, state: “Germany will not intervene in any special agreements which France and Spain may think fit to conclude with each other on the subject of Morocco comprises all the part of northern Africa which is situated between Algeria, French west Africa and the Spanish colony of Rio de Oro (wadi dahab)”
THE ALAOUITES AND WESTERN SAHARA
The Alaouite dynasty has ruled Morocco since the mid-seventeenth century. In pre-colonial times, three of the Alaouite Sultans: Moulay Rachid, Moulay Ismail, and Moulay Hassan, were already pursuing active Saharan policies. In 1905-1906, Sultan Moulay Abdul Aziz sent military support to sheikh Maouelainin to support him in his fight against the French.
Morocco continued the struggle against its division and occupation at the beginning of the nineteenth century. Moroccan resistance on the central government as well as the popular level, prevented the entire occupation of Western Sahara and the rest of Moroccan territory until the beginning of the last century, when this became unavoidable. However, the fight continued in different forms and finally led to the recognition of Morocco’s independence in 1956. The Moroccan Spanish declaration of 7 April 1956 and one signed with France on 2 march of the same year, contained confirmation of Spain’s desire to “respect territorial unity guaranteed by international treaties” and the commitment to “take all necessary steps to put this into effect” . In the same year the Moroccan army of liberation started organizing guerrillas for an offensive against the Spanish at Ifni, and Western Sahara. In 1957, the Moroccan Liberation army succeeded in pushing the Spanish back to the coast. It was only with the aid of French troops that Spain was able to re-establish itself in Western Sahara.
After Morocco independence late King Mohammed V formally claimed Western Sahara as an integral part of the Kingdom. In 1957, he set up the “direction des affaires sahariennes et frontalieres”, and on 25 February 1958 he formally demanded the return of Western Sahara to the motherland Morocco. He said in a famous speech in the little oasis town of M’hamed on the edge of the Sahara: “we will continue to do everything in our power to recover our Sahara and all that which, by historical evidence and by the will of its inhabitants, belongs as of right to our kingdom”
Late King Hassan II’s initiative in organizing a peaceful march to the Sahara, in November 1975 led to the Madrid agreement of 14 November 1975, it was in practical terms, the first step towards the process of decolonization of the west Saharan territories.The green march (Al Massira al khadra in Arabic), could be described as the master stroke which resolved the dispute between Morocco and Spain. Plans for the march, which was named after the holy colour of Islam, were first announced by King Hassan II on 16 October 1975.recruting offices were set up throughout morocco, and by 20 of October as many as 524,000 volunteers were said to have registered. The march caught the imagination of the Moroccan people. It was portrayed as a holy march (jihad), and its participants were told that they would be armed only with the coran and they should consider themselves as Mujahidin, or holy warriors, in a campaign to reclaim Islamic territory from the Spanish invaders. The marchers numbered 350,000 volunteers and gradually assembled in a vast tent city near Tarfaya .It became evident to the Spanish government as much as to western observers of this remarkable mobilization, that King Hassan II would be unable to call off the march or fail in his pledge to send the marchers across the border even if he had wished to do so , he said : “ I can not turn 350, 000 Moroccans who have responded to my call with enthusiasm into 350,000 frustrated Moroccans”.
As soon as Spain accepted the reopening of negotiations, on 9 November 1975, late king Hassan II ordered the marchers to return to their homes. On 14 november 1975, an accord was signed in Madrid to crown the negotiations with Spain By Morocco and Mauritania, in accordance with article 33 of the United Nations charter, and resolution 380.
The difference of opinion over Western Sahara which, until 1975, divided Morocco and Spain does not therefore date from the time when the United Nations organization took an interest in the issue. It dates back to the period in morocco’s history when, during the nineteenth century, the country was faced with the ambitious appetites of the colonial powers and their desire to divide Morocco in order to subjugate it.
King Mohammed VI, immediately after his enthronement in 1999, set forth a development strategy built on social and economic development. Initially, the new young king is seen as a reformer, keen to liberalize the economy, root out corruption and establish the rule of law and democracy. When he was crown prince he was beside his father late king Hassan II in most the national and international activities, and in particular when it comes to the Western Sahara issue. In this respect during summer of 1996 a delegation of the Polisario front led by Bachir Mustapha Said met the crown prince then Sidi Mohammed, that was in practical terms his first direct and secret meeting with the polisario delegation in Morocco, the aim of the meeting was about the application of Autonomy principle in western Sahara, in fact the polisario delegation was in favour of such settlement and also of continuing direct negotiations with the late king Hassan II
Even if the idea of autonomy is not new, Morocco has recently proposed a project for A substantial autonomy of Western Sahara. The project consists of giving Western Sahara a Large autonomy within Moroccan sovereignty. Sahraouis are expected to be offered a Parliament with power over local policies in terms of management and decisions Concerning southern provinces ; cabinet ministries, and their own judiciary, but the Moroccan flag would fly over the territory, the currency and stamps would be Moroccan, and the Moroccan king would remain the highest religious authority in the land.
It is in the same context that the royal advisory council for Saharan affairs, commonly known by its French acronym CORCAS, was created by King Mohammed VI in march 2006, by enhancing its official status and defining its role to “foster the culture of dialogue, and thus pave the way for our citizens to help in this process and make practical proposals on matters pertaining to our country’s territorial integrity” (speech of 25th of march delivered by the monarch of Morocco). This culture of dialogue is the king’s innovative initiative to seek solutions to significant issues facing Morocco. In 2004, Morocco’s truth and reconciliation commission was created to investigate past human rights violations and propose political and judicial reforms which were approved by the king. CORCAS was another example of the king innovative approach to make use of dialogue to find solutions to complex social and economic issues. It is worth mentioning that CORCAS is composed of 140 members (among them 14 women) they represent an ethnic, political, and tribal section of Moroccan society most of CORCAS’s members are representatives from all Sahraoui tribes, including the father of the Polisario leader Mohammed Abdelaziz.
The plan of a substantial autonomy transfers competences and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty .again autonomy is seen by experts in international law as a very advanced form of self determination. This plan was prepared by the Royal Advisory Council for Sahara Affairs (see http://www.corcas.com) and it has been subject to large consultations with the sahraoui populations and Moroccan political parties, before being approved by the young king. On Wednesday, April 11, 2007 the Moroccan government submitted its proposal for a substantial autonomy for the Western Sahara region to the newly nominated secretary general of the United Nations organization, taking the first step, which the international community has called for repeatedly, toward a political direct dialogue with the parties concerned.In its 1754 resolution, on Monday, April 30, 2007 the UN Security Council “calls upon the parties to enter into negotiations without preconditions in good faith. The security council in its resolution concerning western Sahara has taken note of the Moroccan proposal presented to the UN secretary general “...and welcoming serious and credible Moroccan efforts to move the process forward towards resolution” it is an explicit recognition to the efforts made by Morocco, after long and various consultations with the international community ..The 1754 resolution is a fruit of Moroccan endless efforts to overcome the present deadlock. Morocco’s proposal was in no doubt supported by a large number of countries all over the world, among others the USA ,France, and Spain which openly congratulated Morocco for proposing and submitting a courageous and revolutionary project entitled "Moroccan initiative for Negotiating an Autonomy Statute for the Sahara region" whereas the Polisario proposal as the UN's secretary general personal envoy for Sahara, Peter Van Walsum described it «it is consistent With Polisario well known positions" he added that self- determination does not have to mean independence. There are many examples in the world where concerned populations chose, following referendum consultations or other, autonomy or total integration».The young King’s proposal was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis, IT is wise that all parties concerned including Algeria consider the King’s proposal as a basis for any future settlement . Morocco remains open to this solution that preserves its sovereignty, and territorial integrity, and that allows populations to manage directly, and democratically their local affairs. Morocco is ready to engage in a constructive negotiation to contribute concretely In the process of achieving a last and fair settlement to the Western Sahara issue.
CONCLUSION
The way in which Morocco succumbed to the foreign invaders is unique in the annals of colonisation. Having safeguarded for over twelve centuries its sovereignty, independence and territorial unity as the only organized state in the area, Morocco was, from the beginning of the last century the victim of systematic dismemberment on the part of the European powers. Apart from Ceuta and Melillia and certain towns occupied first by Portugal, and then from the sixteenth century, by Spain , Morocco was divided between France and Spain into several zones of influence, according to the treaty drawn up in 1912. Spain obtained the northern zone together with the entire southern area of Western Sahara comprising Seguia Al Hamra and Rio de Oro.
If one looks at the map of Morocco which has been printed over the years in the “Encyclopaedia Larousse” the surprising observation is that far from expanding at the expense of its neighbours, Morocco has in fact shrunk .Thus in 1888, Larousse described the surface area of the Moroccan territory as being 812,300 square kms, in 1900, the new illustrated Larousse reported it as being only 800,000 square kms0. When independence was declared, Morocco had only 430,810 square kms. After the regaining of Spanish morocco (April 1956) Tangiers (October 1956), the Tarfaya region (1958) the Ifni enclave (1969), Sagui Al Hamra (1976), and Rio de Oro (1979), the country was still barely more than 700,000 square kms.
Western Sahara has been an integral part of the Kingdom of Morocco since time immemorial, even though, historically, there were parts of both the northern and southern portions of Morocco which remained under colonial rule
Western Sahara has been both the heart of the Moroccan nation and the site of Moroccan resistance to colonialism.furthere more, the sovereignty of the Sultans over Western Sahara had always been recognized by other nations before the beginning of territorial imperialism at the end of the nineteenth century. Since the eighteenth century, numerous treaties had shown that foreign countries had recourse to the Sultan to protect their nationals in Western Sahara.
Attempts at territorial secession made at the end of the nineteenth century by the French, Spanish, and even Germans were those on the part of nations or peoples desirous of exercising economic activity in Western Sahara without recognizing local customs or regulations. The reaction of the Moroccan Sultans, in particular Moulay Hassan and the tribal leaders such as Maouelainin proved that these attempts were not made on a land without a ruler, (TERRA NULLIUS), quite the reverse.
BY: TAOUFIQ GAZOULIT
The legal ties between the Kingdom of Morocco and Western Sahara, went back to centuries, in fact the Sultans of Morocco legislated for the provinces of Western Sahara, as they did for the rest of the national territory. This legislation took the form of dahirs (decrees) and extended to economic activity through the control of trade and production, in particular as regard to fishing, the monopoly on which was generally reserved for the subjects of the Sultan except in cases of special concessions to foreigners. It also extended to the administration of the ports, in order to open or close them to foreign trade according to the requirements of national policy.
The legislative authority of the Sultan also related to raw materials and fiscal matters through the assessment, imposition and collection of taxes and dues. The Spanish historian HUICI says in his political history of the Almohad Empire, that Sultan Abdelmoumen levied taxes in the far souss, which straddles the valley of Seguia Al Hamra.
Allegiance to the Sultan was of a political and constitutional character, even at the time of colonization by Spain that is towards the end of the nineteenth century, the Sultan exercised legislative and executive powers, to which was added spiritual power. He exercised these powers by means of dahirs issued under his own signature. This means that the Sultan at that time personified the state through the powers he exercised. Allegiance to the Sultan was therefore equivalent to allegiance to the state. In this respect, it is worth stating that the legal ties between Morocco and Western Sahara were recognized by the international court of justice.
Internal manifestations of Moroccan authority over Western Sahara
The Moroccan Sultans exercised power by means of dahirs not only for executive but also for legislative matters. This was how they appointed and dismissed the caids to whom they gave responsibilities of government in a region, on a coast or over a group of tribes. The caids were the military commanders who also had administrative functions. The choice of a Sultan could fall on a person because of his local influence or family or tribal connections. In this respect, six historians, one French, Vernet and five Spanish: Domeneh, Lafluente, Seco de Lucena,Huici and Romeu, relate events which , in the case of vernet, date back to the seventh century .On page 36 of his work, “islamisation”, Vernet recounts how, after the Arab conquest of Morocco by Okba Ibn NAAFI in 681, Moussa Ibn Nosair ( a Lebanese chief converted to Islam who accompanied Tariq ben ziad in his crossing of the straits of Gibraltar and in the conquest of Spain )sent his son Merouan to the furthest Souss which is situated between the boundaries of seguia al hamra . Vernet also adds the following facts:
• In 740 the Moroccan governor (or caid) called Ismail Ben Obeidetallah was appointed to Seguia al hamra.• In 745 Okba’s great – nephew went almost to the end of Western Sahara and dug the first wells.• In 761 the Sahara had a Moroccan governor called Mohammed Sonjai, who conducted a campaign in the Sudan.
From this time on, continues Vernet the dynasty of the Idrissids did not cease to govern the Sahara until the following dynasty of the Almoravids.
THE MILITARY EXPEDITIONS
In the past, the authority of the Sultan over Western Sahara was recognized by the international community .The expeditions undertaken by the Sultans took two forms: some had the purpose of controlling Western Sahara and more particularly, Seguia al hamra, and others crossed Western Sahara in order to reach countries in the south as far as the river of Niger. The autoresse of “Avec les Rois Alaouites” Odette de Puigaudeau, notes that: “The cherifian interventions lost their character of conquest and only retained that of tours of Inspection and prestige”. This was at the end of Moulay Hassan’s reign, which is considered to be the first period of colonization by Spain. Documents show that reports written by diplomats admitted the legal ties between Morocco and Western Sahara. For example, in his report to the French foreign minister the French consul in Western Sahara wrote: “the expedition of Sultan Moulay Hassan to the Souss can be regarded as fully completed. It was a triumphal progress all the way. All the tribes made their submissions and swore allegiance to him. Even the very nomads of the Sahara were bent on bringing him fast camels and offering him their help in the holy war” (see report of 7 June 1886 to the French foreign minister. “Documents diplomatiques Francais 1871-1914”). What should be noted from this report are the passages concerning the oaths of allegiance of the tribes and the help which they offered the Sultan with regard to the holy wars
RELIGIOUS TIES
It is worth noting that the religious tie is one of the constituent elements of the legal ties between the Kingdom of Morocco and Western Sahara region. To prove the existence of this kind of tie one must quote in particular Paul Cambon, the French ambassador in Madrid, who reported the following observation to his minister of foreign affairs: “It has always been recognized that the territorial sovereignty of the Sultan extends as far as his religious suzerainty, and it is beyond doubt that the peoples of cape juby are subject to him from the religious point of view, we could consider its sovereignty as indisputable” (see “documents diplomatiques français 1871-1914, first series’ )
THE TREATIES
The legal ties between Western Sahara and the kingdom of Morocco were actually recognized in the treaties which took away Moroccan independence. These treaties are the basis to assess the ties that always existed between Western Sahara and the Kingdom of Morocco. To start with, there is the Anglo-Moroccan agreement of 13 march 1895, clause I of which reads as follows: “If this government buys the building etc…in the place above – named From the above-named company, no-one will have any claim to the Lands that are between Wadi Draa and cape boujdour, and which are called Tarfaya above-named, and all the lands behind it, because all this belongs to the Territory of Morocco”
Great Britain thus recognized that Moroccan territory extended to cape boujdour, including SEGUIA AL HAMRA. Moreover, the letters annexed to the treaty of 4 November 1911 signed between France and Germany, state: “Germany will not intervene in any special agreements which France and Spain may think fit to conclude with each other on the subject of Morocco comprises all the part of northern Africa which is situated between Algeria, French west Africa and the Spanish colony of Rio de Oro (wadi dahab)”
THE ALAOUITES AND WESTERN SAHARA
The Alaouite dynasty has ruled Morocco since the mid-seventeenth century. In pre-colonial times, three of the Alaouite Sultans: Moulay Rachid, Moulay Ismail, and Moulay Hassan, were already pursuing active Saharan policies. In 1905-1906, Sultan Moulay Abdul Aziz sent military support to sheikh Maouelainin to support him in his fight against the French.
Morocco continued the struggle against its division and occupation at the beginning of the nineteenth century. Moroccan resistance on the central government as well as the popular level, prevented the entire occupation of Western Sahara and the rest of Moroccan territory until the beginning of the last century, when this became unavoidable. However, the fight continued in different forms and finally led to the recognition of Morocco’s independence in 1956. The Moroccan Spanish declaration of 7 April 1956 and one signed with France on 2 march of the same year, contained confirmation of Spain’s desire to “respect territorial unity guaranteed by international treaties” and the commitment to “take all necessary steps to put this into effect” . In the same year the Moroccan army of liberation started organizing guerrillas for an offensive against the Spanish at Ifni, and Western Sahara. In 1957, the Moroccan Liberation army succeeded in pushing the Spanish back to the coast. It was only with the aid of French troops that Spain was able to re-establish itself in Western Sahara.
After Morocco independence late King Mohammed V formally claimed Western Sahara as an integral part of the Kingdom. In 1957, he set up the “direction des affaires sahariennes et frontalieres”, and on 25 February 1958 he formally demanded the return of Western Sahara to the motherland Morocco. He said in a famous speech in the little oasis town of M’hamed on the edge of the Sahara: “we will continue to do everything in our power to recover our Sahara and all that which, by historical evidence and by the will of its inhabitants, belongs as of right to our kingdom”
Late King Hassan II’s initiative in organizing a peaceful march to the Sahara, in November 1975 led to the Madrid agreement of 14 November 1975, it was in practical terms, the first step towards the process of decolonization of the west Saharan territories.The green march (Al Massira al khadra in Arabic), could be described as the master stroke which resolved the dispute between Morocco and Spain. Plans for the march, which was named after the holy colour of Islam, were first announced by King Hassan II on 16 October 1975.recruting offices were set up throughout morocco, and by 20 of October as many as 524,000 volunteers were said to have registered. The march caught the imagination of the Moroccan people. It was portrayed as a holy march (jihad), and its participants were told that they would be armed only with the coran and they should consider themselves as Mujahidin, or holy warriors, in a campaign to reclaim Islamic territory from the Spanish invaders. The marchers numbered 350,000 volunteers and gradually assembled in a vast tent city near Tarfaya .It became evident to the Spanish government as much as to western observers of this remarkable mobilization, that King Hassan II would be unable to call off the march or fail in his pledge to send the marchers across the border even if he had wished to do so , he said : “ I can not turn 350, 000 Moroccans who have responded to my call with enthusiasm into 350,000 frustrated Moroccans”.
As soon as Spain accepted the reopening of negotiations, on 9 November 1975, late king Hassan II ordered the marchers to return to their homes. On 14 november 1975, an accord was signed in Madrid to crown the negotiations with Spain By Morocco and Mauritania, in accordance with article 33 of the United Nations charter, and resolution 380.
The difference of opinion over Western Sahara which, until 1975, divided Morocco and Spain does not therefore date from the time when the United Nations organization took an interest in the issue. It dates back to the period in morocco’s history when, during the nineteenth century, the country was faced with the ambitious appetites of the colonial powers and their desire to divide Morocco in order to subjugate it.
King Mohammed VI, immediately after his enthronement in 1999, set forth a development strategy built on social and economic development. Initially, the new young king is seen as a reformer, keen to liberalize the economy, root out corruption and establish the rule of law and democracy. When he was crown prince he was beside his father late king Hassan II in most the national and international activities, and in particular when it comes to the Western Sahara issue. In this respect during summer of 1996 a delegation of the Polisario front led by Bachir Mustapha Said met the crown prince then Sidi Mohammed, that was in practical terms his first direct and secret meeting with the polisario delegation in Morocco, the aim of the meeting was about the application of Autonomy principle in western Sahara, in fact the polisario delegation was in favour of such settlement and also of continuing direct negotiations with the late king Hassan II
Even if the idea of autonomy is not new, Morocco has recently proposed a project for A substantial autonomy of Western Sahara. The project consists of giving Western Sahara a Large autonomy within Moroccan sovereignty. Sahraouis are expected to be offered a Parliament with power over local policies in terms of management and decisions Concerning southern provinces ; cabinet ministries, and their own judiciary, but the Moroccan flag would fly over the territory, the currency and stamps would be Moroccan, and the Moroccan king would remain the highest religious authority in the land.
It is in the same context that the royal advisory council for Saharan affairs, commonly known by its French acronym CORCAS, was created by King Mohammed VI in march 2006, by enhancing its official status and defining its role to “foster the culture of dialogue, and thus pave the way for our citizens to help in this process and make practical proposals on matters pertaining to our country’s territorial integrity” (speech of 25th of march delivered by the monarch of Morocco). This culture of dialogue is the king’s innovative initiative to seek solutions to significant issues facing Morocco. In 2004, Morocco’s truth and reconciliation commission was created to investigate past human rights violations and propose political and judicial reforms which were approved by the king. CORCAS was another example of the king innovative approach to make use of dialogue to find solutions to complex social and economic issues. It is worth mentioning that CORCAS is composed of 140 members (among them 14 women) they represent an ethnic, political, and tribal section of Moroccan society most of CORCAS’s members are representatives from all Sahraoui tribes, including the father of the Polisario leader Mohammed Abdelaziz.
The plan of a substantial autonomy transfers competences and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty .again autonomy is seen by experts in international law as a very advanced form of self determination. This plan was prepared by the Royal Advisory Council for Sahara Affairs (see http://www.corcas.com) and it has been subject to large consultations with the sahraoui populations and Moroccan political parties, before being approved by the young king. On Wednesday, April 11, 2007 the Moroccan government submitted its proposal for a substantial autonomy for the Western Sahara region to the newly nominated secretary general of the United Nations organization, taking the first step, which the international community has called for repeatedly, toward a political direct dialogue with the parties concerned.In its 1754 resolution, on Monday, April 30, 2007 the UN Security Council “calls upon the parties to enter into negotiations without preconditions in good faith. The security council in its resolution concerning western Sahara has taken note of the Moroccan proposal presented to the UN secretary general “...and welcoming serious and credible Moroccan efforts to move the process forward towards resolution” it is an explicit recognition to the efforts made by Morocco, after long and various consultations with the international community ..The 1754 resolution is a fruit of Moroccan endless efforts to overcome the present deadlock. Morocco’s proposal was in no doubt supported by a large number of countries all over the world, among others the USA ,France, and Spain which openly congratulated Morocco for proposing and submitting a courageous and revolutionary project entitled "Moroccan initiative for Negotiating an Autonomy Statute for the Sahara region" whereas the Polisario proposal as the UN's secretary general personal envoy for Sahara, Peter Van Walsum described it «it is consistent With Polisario well known positions" he added that self- determination does not have to mean independence. There are many examples in the world where concerned populations chose, following referendum consultations or other, autonomy or total integration».The young King’s proposal was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis, IT is wise that all parties concerned including Algeria consider the King’s proposal as a basis for any future settlement . Morocco remains open to this solution that preserves its sovereignty, and territorial integrity, and that allows populations to manage directly, and democratically their local affairs. Morocco is ready to engage in a constructive negotiation to contribute concretely In the process of achieving a last and fair settlement to the Western Sahara issue.
CONCLUSION
The way in which Morocco succumbed to the foreign invaders is unique in the annals of colonisation. Having safeguarded for over twelve centuries its sovereignty, independence and territorial unity as the only organized state in the area, Morocco was, from the beginning of the last century the victim of systematic dismemberment on the part of the European powers. Apart from Ceuta and Melillia and certain towns occupied first by Portugal, and then from the sixteenth century, by Spain , Morocco was divided between France and Spain into several zones of influence, according to the treaty drawn up in 1912. Spain obtained the northern zone together with the entire southern area of Western Sahara comprising Seguia Al Hamra and Rio de Oro.
If one looks at the map of Morocco which has been printed over the years in the “Encyclopaedia Larousse” the surprising observation is that far from expanding at the expense of its neighbours, Morocco has in fact shrunk .Thus in 1888, Larousse described the surface area of the Moroccan territory as being 812,300 square kms, in 1900, the new illustrated Larousse reported it as being only 800,000 square kms0. When independence was declared, Morocco had only 430,810 square kms. After the regaining of Spanish morocco (April 1956) Tangiers (October 1956), the Tarfaya region (1958) the Ifni enclave (1969), Sagui Al Hamra (1976), and Rio de Oro (1979), the country was still barely more than 700,000 square kms.
Western Sahara has been an integral part of the Kingdom of Morocco since time immemorial, even though, historically, there were parts of both the northern and southern portions of Morocco which remained under colonial rule
Western Sahara has been both the heart of the Moroccan nation and the site of Moroccan resistance to colonialism.furthere more, the sovereignty of the Sultans over Western Sahara had always been recognized by other nations before the beginning of territorial imperialism at the end of the nineteenth century. Since the eighteenth century, numerous treaties had shown that foreign countries had recourse to the Sultan to protect their nationals in Western Sahara.
Attempts at territorial secession made at the end of the nineteenth century by the French, Spanish, and even Germans were those on the part of nations or peoples desirous of exercising economic activity in Western Sahara without recognizing local customs or regulations. The reaction of the Moroccan Sultans, in particular Moulay Hassan and the tribal leaders such as Maouelainin proved that these attempts were not made on a land without a ruler, (TERRA NULLIUS), quite the reverse.
lundi 11 juin 2007
DIRECT NEGOCIATIONS A CHALLENGE FOR A PEACE
BY : TAOUFIQ GAZOULIT
The unanimous adoption of the United Nations security council of the 1754 resolution, concerning the future of Western Sahara is seen by western observers as a break-point with the previous reports and resolutions advocated by the UN since 1990. In this respect the newly nominated secretary general of the UN IN Ban Ki-moon in his report to the security council reiterated his call to the parties, including Algeria to accept the principle of direct negotiations, without any preconditions in order to reach a settlement to the over three decade old Sahara conflict, he also quoted his personal envoy's analysis saying that "the security council had consistently made it clear that it would not impose a solution to the question of western Sahara, which had led him to the conclusion that there were only two options: either indefinite prolongation of the impasse, or negotiations without preconditions between the parties aimed at achieving a mutually acceptable political solution. In its 1754 resolution, on Monday, April 30, 2007 the UN Security Council “calls upon the parties to enter into negotiations without preconditions in good faith, taking into account the developments of the last months, with a view to achieving a just, lasting and mutually acceptable political solution”. It is worth mentioning that the security council in its resolution concerning western Sahara has taken note of the Moroccan proposal presented to the UN secretary general “...and welcoming serious and credible Moroccan efforts to move the process forward towards resolution” it is an explicit recognition to the efforts made by Morocco, after long and various consultations with the international community .In fact if we take into account that two proposals were submitted to the UN,members of the security council consider the Moroccan proposal not only the unique ,serious and credible towards a political settlement to the conflict but also a basis for any future potential negotiations, whereas the Polisario proposal did not bring any new elements nor practical alternative to the present deadlock .The 1754 resolution is a consecration of Moroccan endless efforts to overcome the present deadlock concerning the Western Sahara issue, in this respect Morocco managed to gain support of a big number of countries all over the world, most of them are influential within the international community, among others the USA ,France, and Spain which openly congratulated Morocco for the colossal efforts made by proposing and submitting a courageous and revolutionary project entitled "Moroccan initiative for Negotiating an Autonomy Statute for the Sahara region" whereas the Polisario proposal as the UN's secretary general personal envoy for Sahara, Peter Van Walsum described it «it is consistent With Polisario well known positions" he added that self- determination does not have to mean independence. There are many examples in the world where concerned populations chose, following referendum consultations or other, autonomy or total integration" The main strategic aim of the Moroccan proposal is that Sahraouis claims will be satisfied, and Algeria will keep its dignity, provided Morocco remains sovereign over its southern territories. The Moroccan proposal is an answer to the UN Security Council previous resolutions and to the constant international community appeals for a political solution to the Western Sahara issue, as it is a fruit of national and international consultations. The Moroccan young King Mohamed VI supervised closely the process of drawing up such a proposal that guarantees peace, security, and stability in the region of North Africa on one hand, and gives the Western Sahara sufficient autonomy to become effectively self-governing on the other hand. It is in my view and also of the international law experts that the Moroccan proposal is a form of self-determination which does not mean necessarily independence .The UN charter, the ultimate international jurisprudence stipulates that self-determination must take into account the territory integrity and unity, so autonomy remains one of the best solutions for self - determination, this type of substantial autonomy exists in the most highly developed countries across the world The Moroccan Substantial autonomy Plan should be seen by parties concerned as an initiative that achieves the principal of self- determination, through a free, modern and democratic expression regarding the autonomy statute .It is in no doubt in conformity with international legality as well as with international norms, and standards applicable in area of autonomy. Therefore it is wise for all parties concerned, and particularly the Polisario to consider the substantial autonomy proposal as a basis for any future settlement because it aims to come up with a peaceful solution where there is neither a winner nor a loser, and in respect of dignity of all parties. The UN security council is calling upon the parties to enter into negotiations, while Algeria welcomed the UN resolution, and Polisario declared its readiness to negotiate directly the issue with Morocco, the Moroccan Substantial Autonomy Proposal, is widely seen by both members of the UN security council, and the international community as an historical opportunity to the leadership of the Polisario, to negotiate a final settlement .The Moroccan proposal meets international standards, transfers competences, and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty; while leaving room for negotiations. It is notable that autonomy is an advanced form of self-determination. The Moroccan proposal was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis. IT is wise that all parties concerned including Algeria consider the Moroccan proposal as a basis for any future settlementThe Moroccan plan was conceived to allow for open debate, Morocco remains open to any solution that preserves its territorial integrity, and gives once and for all sahraouis the opportunity to run democratically their local affairs .Morocco is ready to cooperate with other parties, and particularly with Algeria, as well as with the UN general secretary, and his special representative to reach a final and fair solution that is accepted by all parties.
The kingdom of Morocco is willing to participate in a constructive negotiation, and to contribute to its success. In the pursuit of this objective the kingdom of Morocco is relying on the good will of parties concerned in order to create healthy atmosphere, and rebuild trust which is vital to pave the way to achieve a settlement that enables the populations in the refugee camps inside Algeria to finally join their families and that allows Maghreb states to find unity, solidarity, and stability.
The council calls upon direct negociations, which should take place in the nearest future, and would be guaranteed by a report to be submitted to the UN Security Council at the end of June. The question remains: On what basis these negotiations will take place?
Nobody , for the time being is fully aware of the mechanism that would apply for such direct negotiations, particularly that the UN special envoy consultations has started and finished in Algeria, without visiting the other parties concerned , but facts on the ground shows that neither the Polisario front , nor Algiers are willing to put an end to this conflict. Algeria’s strategic goals in terms of Western Sahara issue are neither compatible with the content of the UN Security Council resolution nor with the Moroccan proposal, whereas the present polisario proposal, or at least the leader Mohammed Abdelaziz, and his small entourage would find it difficult to manoeuvre Vis a Vis Algiers.
Morocco is prepared to open negotiations with no preconditions with polisario over the future of the disputed Western Sahara, but the polisario according to various statements made by its leaders agrees to resume talks on the basis of an agreement of a referendum on independence, Its representative at the UN Ahmed boukhari said “talks will go nowhere if Morocco refuses to discuss a referendum on independence” this attitude of the separatist movement not only is in contradiction with the “direct good faith negotiations” urged by the Un security council, but also is not acceptable by Moroccans, or by the international community that advocates a political solution to the conflict.
The polisario leadership should perfectly understand that Western Sahara is an integral part of the Kingdom of Morocco, and the security council resolution (1754) was an endorsement of the Moroccan position, the Moroccan initiative provides a concrete and credible response to the principle of self determination and the opportunity to put an end to 30 years of hardship and family separation
It is no secret that Mohammed Abdelaziz is the Algeria’s man in the conflict; he is leading the polisario with an iron grip entirely supported by the Algerian political and military leadership .This strategic relationship between Abdelaziz and Algiers regime has led during the past few years to deep differences within the front, on one hand between those who have linked their future and destiny with Algiers at the expense of sahraoui refugee wellbeing, and on the other hand those who believe strongly that they are Moroccan sahraoui and therefore the principle of separatism has never been in the heart and soul of their fathers and ancestors throughout the history, and that Algeria is using them to achieve its own geopolitical goals they also see the Moroccan autonomy proposal as a golden opportunity to put an end to a such long conflict.
Although the international community “means business”, and insists to put pressure on parties concerned to achieve a political settlement. The question remains to what extent the Algerians are willing to change their politics towards Morocco, and towards the future of Western Sahara, and allow the moderate leadership of the front to effectively negotiate with Moroccan under the umbrella of the United Nations, and on the basis of the Moroccan substantial autonomy. The answer remains to be heard and seen.
BY : TAOUFIQ GAZOULIT
The unanimous adoption of the United Nations security council of the 1754 resolution, concerning the future of Western Sahara is seen by western observers as a break-point with the previous reports and resolutions advocated by the UN since 1990. In this respect the newly nominated secretary general of the UN IN Ban Ki-moon in his report to the security council reiterated his call to the parties, including Algeria to accept the principle of direct negotiations, without any preconditions in order to reach a settlement to the over three decade old Sahara conflict, he also quoted his personal envoy's analysis saying that "the security council had consistently made it clear that it would not impose a solution to the question of western Sahara, which had led him to the conclusion that there were only two options: either indefinite prolongation of the impasse, or negotiations without preconditions between the parties aimed at achieving a mutually acceptable political solution. In its 1754 resolution, on Monday, April 30, 2007 the UN Security Council “calls upon the parties to enter into negotiations without preconditions in good faith, taking into account the developments of the last months, with a view to achieving a just, lasting and mutually acceptable political solution”. It is worth mentioning that the security council in its resolution concerning western Sahara has taken note of the Moroccan proposal presented to the UN secretary general “...and welcoming serious and credible Moroccan efforts to move the process forward towards resolution” it is an explicit recognition to the efforts made by Morocco, after long and various consultations with the international community .In fact if we take into account that two proposals were submitted to the UN,members of the security council consider the Moroccan proposal not only the unique ,serious and credible towards a political settlement to the conflict but also a basis for any future potential negotiations, whereas the Polisario proposal did not bring any new elements nor practical alternative to the present deadlock .The 1754 resolution is a consecration of Moroccan endless efforts to overcome the present deadlock concerning the Western Sahara issue, in this respect Morocco managed to gain support of a big number of countries all over the world, most of them are influential within the international community, among others the USA ,France, and Spain which openly congratulated Morocco for the colossal efforts made by proposing and submitting a courageous and revolutionary project entitled "Moroccan initiative for Negotiating an Autonomy Statute for the Sahara region" whereas the Polisario proposal as the UN's secretary general personal envoy for Sahara, Peter Van Walsum described it «it is consistent With Polisario well known positions" he added that self- determination does not have to mean independence. There are many examples in the world where concerned populations chose, following referendum consultations or other, autonomy or total integration" The main strategic aim of the Moroccan proposal is that Sahraouis claims will be satisfied, and Algeria will keep its dignity, provided Morocco remains sovereign over its southern territories. The Moroccan proposal is an answer to the UN Security Council previous resolutions and to the constant international community appeals for a political solution to the Western Sahara issue, as it is a fruit of national and international consultations. The Moroccan young King Mohamed VI supervised closely the process of drawing up such a proposal that guarantees peace, security, and stability in the region of North Africa on one hand, and gives the Western Sahara sufficient autonomy to become effectively self-governing on the other hand. It is in my view and also of the international law experts that the Moroccan proposal is a form of self-determination which does not mean necessarily independence .The UN charter, the ultimate international jurisprudence stipulates that self-determination must take into account the territory integrity and unity, so autonomy remains one of the best solutions for self - determination, this type of substantial autonomy exists in the most highly developed countries across the world The Moroccan Substantial autonomy Plan should be seen by parties concerned as an initiative that achieves the principal of self- determination, through a free, modern and democratic expression regarding the autonomy statute .It is in no doubt in conformity with international legality as well as with international norms, and standards applicable in area of autonomy. Therefore it is wise for all parties concerned, and particularly the Polisario to consider the substantial autonomy proposal as a basis for any future settlement because it aims to come up with a peaceful solution where there is neither a winner nor a loser, and in respect of dignity of all parties. The UN security council is calling upon the parties to enter into negotiations, while Algeria welcomed the UN resolution, and Polisario declared its readiness to negotiate directly the issue with Morocco, the Moroccan Substantial Autonomy Proposal, is widely seen by both members of the UN security council, and the international community as an historical opportunity to the leadership of the Polisario, to negotiate a final settlement .The Moroccan proposal meets international standards, transfers competences, and creates local institutions (legislative and executive) within the framework of Moroccan sovereignty; while leaving room for negotiations. It is notable that autonomy is an advanced form of self-determination. The Moroccan proposal was prepared upon the request of the international community, and it has been a subject to large consultations with sahraouis. IT is wise that all parties concerned including Algeria consider the Moroccan proposal as a basis for any future settlementThe Moroccan plan was conceived to allow for open debate, Morocco remains open to any solution that preserves its territorial integrity, and gives once and for all sahraouis the opportunity to run democratically their local affairs .Morocco is ready to cooperate with other parties, and particularly with Algeria, as well as with the UN general secretary, and his special representative to reach a final and fair solution that is accepted by all parties.
The kingdom of Morocco is willing to participate in a constructive negotiation, and to contribute to its success. In the pursuit of this objective the kingdom of Morocco is relying on the good will of parties concerned in order to create healthy atmosphere, and rebuild trust which is vital to pave the way to achieve a settlement that enables the populations in the refugee camps inside Algeria to finally join their families and that allows Maghreb states to find unity, solidarity, and stability.
The council calls upon direct negociations, which should take place in the nearest future, and would be guaranteed by a report to be submitted to the UN Security Council at the end of June. The question remains: On what basis these negotiations will take place?
Nobody , for the time being is fully aware of the mechanism that would apply for such direct negotiations, particularly that the UN special envoy consultations has started and finished in Algeria, without visiting the other parties concerned , but facts on the ground shows that neither the Polisario front , nor Algiers are willing to put an end to this conflict. Algeria’s strategic goals in terms of Western Sahara issue are neither compatible with the content of the UN Security Council resolution nor with the Moroccan proposal, whereas the present polisario proposal, or at least the leader Mohammed Abdelaziz, and his small entourage would find it difficult to manoeuvre Vis a Vis Algiers.
Morocco is prepared to open negotiations with no preconditions with polisario over the future of the disputed Western Sahara, but the polisario according to various statements made by its leaders agrees to resume talks on the basis of an agreement of a referendum on independence, Its representative at the UN Ahmed boukhari said “talks will go nowhere if Morocco refuses to discuss a referendum on independence” this attitude of the separatist movement not only is in contradiction with the “direct good faith negotiations” urged by the Un security council, but also is not acceptable by Moroccans, or by the international community that advocates a political solution to the conflict.
The polisario leadership should perfectly understand that Western Sahara is an integral part of the Kingdom of Morocco, and the security council resolution (1754) was an endorsement of the Moroccan position, the Moroccan initiative provides a concrete and credible response to the principle of self determination and the opportunity to put an end to 30 years of hardship and family separation
It is no secret that Mohammed Abdelaziz is the Algeria’s man in the conflict; he is leading the polisario with an iron grip entirely supported by the Algerian political and military leadership .This strategic relationship between Abdelaziz and Algiers regime has led during the past few years to deep differences within the front, on one hand between those who have linked their future and destiny with Algiers at the expense of sahraoui refugee wellbeing, and on the other hand those who believe strongly that they are Moroccan sahraoui and therefore the principle of separatism has never been in the heart and soul of their fathers and ancestors throughout the history, and that Algeria is using them to achieve its own geopolitical goals they also see the Moroccan autonomy proposal as a golden opportunity to put an end to a such long conflict.
Although the international community “means business”, and insists to put pressure on parties concerned to achieve a political settlement. The question remains to what extent the Algerians are willing to change their politics towards Morocco, and towards the future of Western Sahara, and allow the moderate leadership of the front to effectively negotiate with Moroccan under the umbrella of the United Nations, and on the basis of the Moroccan substantial autonomy. The answer remains to be heard and seen.
lundi 4 juin 2007
THE POLISARIO'S VIOLATION OF HUMAN RIGHTS
THE POLISARIO’S VIOLATION OF HUMAN RIGHTS
BY: MOULAY AHMED MAOUELAININ
The Polisario was created shortly before the decolonization of Western Sahara in Zouerate In Mauritania by Twenty one sahraouis the 28th of April 1973. But since 1976 The secretaryGeneral of the Polisario Mohammed Abdelaziz and a small group of other Leaders control the Tindouf Refugee camps. The polisario front is the product of another era prior the collapse of The Totalitarian System, although the world started to experience changes, as from the last Decade Of the last Century, Polisario remained apart from such changes in the international Political Behaviour. No free elections, no democracy, no plurality, no freedom of speech and Expression, no free opinion and most definitely no civil society.
All the politico-military movements similar to Polisario have disappeared since the fall of Berlin wall. Since Polisario operates in a non- democratic way, it has suffered, as totalitarian Organizations usually do, from repeated purges aimed at eliminating potential competitors to The leader of polisario Mohammed Abdelaziz, as well as to justify the fact that polisario lives On a continual war footing and severely restricts the movements of the sahraoui refugees Living in the Tindouf camps.
THE LACK OF DEMOCRATY AND VIOLATION OF HUMAN RIGHTS
The lack of real democratic practices in the refugee camps in Tindouf reflects undoubtedly The manner of arbitrary arrest were carried out, according to “an independent committee of inquiry into allegations of violations of human rights, crimes, abuses and various other irregularities brought against the Polisario front” some victims were brought to the polisario’s administration complex at Rabouny, not far from Tindouf, or to the offices of the polisario military security. They were then transferred in secret to places of detention and torture, mainly to Rachid prison, known within sahraoui refugees as the black prison. Others were arrested at work, during their military training, or in their camps.generaly speaking the victims of arbitrary arrest were transferred to Rachid prison in early evening or at night, hands tied behind the back, eyes blindfolded or the whole face hooded to prevent recognition of their captors or the place they were being taken, at this particular stage detainees were not informed of the charges against them.
During the last three decades torture was used by the military services of the polisario with the aim to forcing detainees to confess to being agents to foreign countries, or involved in any forms of conspiracy. According to the independent committee of inquiry into violations of human rights by the polisario, it is in possession of a detailed list of 43 people who died under torture, or as a direct consequence of the ill-treatments suffered. This list needs to be completed, and up dated as the figure seems to be higher than what it is disclosed. A number of witnesses who fled to Morocco described the phenomenon of “summary executions” without any legal procedures, detainees who were spared from being executed, were not informed of their conviction or any charges. They were in most cases subject to forced labour, during the period of torture, prisoners could easily experienced days without food.Medical care is in practical terms inexistent.
THE DIVERSION OF HUMANITARIAN AID
Sahraoui refugees in the Tindouf camps depend on humanitarian aid donated by numerousUN organizations, in addition to international non-governmental organizations. It is believed And even proved that much of the humanitarian aid does not reach the refugees, instead it is In most cases sold on the black market in neighbouring countries by the Polisario. In this Respect the international community have called in numerous occasions for the Implementation of a census, and an audit system to make sure that the management of the Humanitarian aid is transparent. Both Algeria, and Polisario has refused to allow independent Oversight of its management of humanitarian assistance. Important quantities of diverted International humanitarian aid sent for refugees in Tindouf camps have been found on the Markets in Algeria, and Mauritania, but also in Mali and Niger, some still in their original Packaging. The sums recovered would be used to finance the front, and also its leader’s way Of life, at the expense of sahraoui refugees. These diversions according to the report of the US Committee for refugees published in year 2000 “Humanitarian workers have reported that more than 30% of the children from 5 to 12 years old were underfed, more than 70% of the Children of less than 5 years old suffered from anaemia”, in its 2001 report the committee Announced “more than 15000 children are in need of shoes”, and finally in its 2003 report, its Said “some donors in private, have asked for a control of the distribution of food to Make sure that the political and military leaders were not diverting the aid”
HUMAN RIGHTS ASPECTS AND ITS CONSEQUENCES
The polisario is severely accused of human rights abuses : the detention, killing ,and the abuse treatment of Moroccan prisoners of war from late 70’s to 2006, other accusations are that a big number of sahraouis are kept in the Tindouf camps against their will, and do not enjoy freedom of expression. In a report published in 2003; Amnesty International concluded that “freedom of expression, association, and movement continued to be restricted in the camps controlled by the polisario near Tindouf in south western Algeria”.
The polisario remains a totalitarian military and political movement, with single party system, from inside the Polisario reports are talking about more than 6000 sahraoui children, and adolescents are currently living in Cuba, in most of the cases against the will of their parents, and under the pretext of schooling, some of them are subject to obligatory military training. A full and comprehensive report of an independent committee of inquiry into allegations of violation human rights, crimes ,abuses ,and various other irregularities brought against the polisario front, was submitted to the special political and decolonisation committee (fourth committee) of the United Nations on the 4th of October 2006.This 40page documented report deals with the following aspects:• The condition of detention, the use of torture, the absence of even the minimum level of judicial process, malnutrition of prisoners, and the absence of medical care.• Forced labour , rape ,and The abdication of Moroccan citizens within the international recognized frontiers of Morocco • An education system more concerned with indoctrination than learning-Allegations of deportation of sahraoui children to Cuba• Allegations of misdirection of humanitarian aid by the leadership of the polisario • The separation of families.
The secretary general of the polisario front Mohammed abdelaziz remained the “elected” president of the sparsely recognized Sahraoui democratic republic since 1976. He and a small number of his entourage control the Tindouf refugee camps.The Polisario has been feeling internal pressure since the 1991ceasefire. Thousands of sahraouis living in the refugees camps are kept against their will, and do not enjoy the basics of freedom of expression. Most of youngsters who have never been allowed to visit nor to join their families in the Sahara rail in frustration, According to the report by The European strategic Intelligence and security (ESISC), lack of democracy and an oppressive climate under the leadership of the polisario, has led to several members leaving the refugee camps in Tindouf most of them joined Morocco, and the rest opted to go abroad .Polisario leaders who have left the camps for Morocco, are now actively campaigning for Moroccan sovereignty over western Sahara. More than 30 years of the separatist polisario backed by the Algerian political leadership, and controlled by the Algerian military intelligent services. led the front to a number of strategic failures, and most of all to the sufferings of sahraoui refugees, its record in terms of human rights is the worse in the region. According to the amnesty international report of the present year (2007) “those responsible for human rights abuses in the refugee camps in previous years continued to enjoy impunity the polisario front took no steps to address this legacy.”
The existence of the Polisario is linked to the existence of these camps, and the existence of such refugee camps on a hostile territory in subhuman conditions over a long period is a flagrant infringement of human rights. The Polisario has constantly violated the most elementary human rights for the last 30 years.
BY: MOULAY AHMED MAOUELAININ
The Polisario was created shortly before the decolonization of Western Sahara in Zouerate In Mauritania by Twenty one sahraouis the 28th of April 1973. But since 1976 The secretaryGeneral of the Polisario Mohammed Abdelaziz and a small group of other Leaders control the Tindouf Refugee camps. The polisario front is the product of another era prior the collapse of The Totalitarian System, although the world started to experience changes, as from the last Decade Of the last Century, Polisario remained apart from such changes in the international Political Behaviour. No free elections, no democracy, no plurality, no freedom of speech and Expression, no free opinion and most definitely no civil society.
All the politico-military movements similar to Polisario have disappeared since the fall of Berlin wall. Since Polisario operates in a non- democratic way, it has suffered, as totalitarian Organizations usually do, from repeated purges aimed at eliminating potential competitors to The leader of polisario Mohammed Abdelaziz, as well as to justify the fact that polisario lives On a continual war footing and severely restricts the movements of the sahraoui refugees Living in the Tindouf camps.
THE LACK OF DEMOCRATY AND VIOLATION OF HUMAN RIGHTS
The lack of real democratic practices in the refugee camps in Tindouf reflects undoubtedly The manner of arbitrary arrest were carried out, according to “an independent committee of inquiry into allegations of violations of human rights, crimes, abuses and various other irregularities brought against the Polisario front” some victims were brought to the polisario’s administration complex at Rabouny, not far from Tindouf, or to the offices of the polisario military security. They were then transferred in secret to places of detention and torture, mainly to Rachid prison, known within sahraoui refugees as the black prison. Others were arrested at work, during their military training, or in their camps.generaly speaking the victims of arbitrary arrest were transferred to Rachid prison in early evening or at night, hands tied behind the back, eyes blindfolded or the whole face hooded to prevent recognition of their captors or the place they were being taken, at this particular stage detainees were not informed of the charges against them.
During the last three decades torture was used by the military services of the polisario with the aim to forcing detainees to confess to being agents to foreign countries, or involved in any forms of conspiracy. According to the independent committee of inquiry into violations of human rights by the polisario, it is in possession of a detailed list of 43 people who died under torture, or as a direct consequence of the ill-treatments suffered. This list needs to be completed, and up dated as the figure seems to be higher than what it is disclosed. A number of witnesses who fled to Morocco described the phenomenon of “summary executions” without any legal procedures, detainees who were spared from being executed, were not informed of their conviction or any charges. They were in most cases subject to forced labour, during the period of torture, prisoners could easily experienced days without food.Medical care is in practical terms inexistent.
THE DIVERSION OF HUMANITARIAN AID
Sahraoui refugees in the Tindouf camps depend on humanitarian aid donated by numerousUN organizations, in addition to international non-governmental organizations. It is believed And even proved that much of the humanitarian aid does not reach the refugees, instead it is In most cases sold on the black market in neighbouring countries by the Polisario. In this Respect the international community have called in numerous occasions for the Implementation of a census, and an audit system to make sure that the management of the Humanitarian aid is transparent. Both Algeria, and Polisario has refused to allow independent Oversight of its management of humanitarian assistance. Important quantities of diverted International humanitarian aid sent for refugees in Tindouf camps have been found on the Markets in Algeria, and Mauritania, but also in Mali and Niger, some still in their original Packaging. The sums recovered would be used to finance the front, and also its leader’s way Of life, at the expense of sahraoui refugees. These diversions according to the report of the US Committee for refugees published in year 2000 “Humanitarian workers have reported that more than 30% of the children from 5 to 12 years old were underfed, more than 70% of the Children of less than 5 years old suffered from anaemia”, in its 2001 report the committee Announced “more than 15000 children are in need of shoes”, and finally in its 2003 report, its Said “some donors in private, have asked for a control of the distribution of food to Make sure that the political and military leaders were not diverting the aid”
HUMAN RIGHTS ASPECTS AND ITS CONSEQUENCES
The polisario is severely accused of human rights abuses : the detention, killing ,and the abuse treatment of Moroccan prisoners of war from late 70’s to 2006, other accusations are that a big number of sahraouis are kept in the Tindouf camps against their will, and do not enjoy freedom of expression. In a report published in 2003; Amnesty International concluded that “freedom of expression, association, and movement continued to be restricted in the camps controlled by the polisario near Tindouf in south western Algeria”.
The polisario remains a totalitarian military and political movement, with single party system, from inside the Polisario reports are talking about more than 6000 sahraoui children, and adolescents are currently living in Cuba, in most of the cases against the will of their parents, and under the pretext of schooling, some of them are subject to obligatory military training. A full and comprehensive report of an independent committee of inquiry into allegations of violation human rights, crimes ,abuses ,and various other irregularities brought against the polisario front, was submitted to the special political and decolonisation committee (fourth committee) of the United Nations on the 4th of October 2006.This 40page documented report deals with the following aspects:• The condition of detention, the use of torture, the absence of even the minimum level of judicial process, malnutrition of prisoners, and the absence of medical care.• Forced labour , rape ,and The abdication of Moroccan citizens within the international recognized frontiers of Morocco • An education system more concerned with indoctrination than learning-Allegations of deportation of sahraoui children to Cuba• Allegations of misdirection of humanitarian aid by the leadership of the polisario • The separation of families.
The secretary general of the polisario front Mohammed abdelaziz remained the “elected” president of the sparsely recognized Sahraoui democratic republic since 1976. He and a small number of his entourage control the Tindouf refugee camps.The Polisario has been feeling internal pressure since the 1991ceasefire. Thousands of sahraouis living in the refugees camps are kept against their will, and do not enjoy the basics of freedom of expression. Most of youngsters who have never been allowed to visit nor to join their families in the Sahara rail in frustration, According to the report by The European strategic Intelligence and security (ESISC), lack of democracy and an oppressive climate under the leadership of the polisario, has led to several members leaving the refugee camps in Tindouf most of them joined Morocco, and the rest opted to go abroad .Polisario leaders who have left the camps for Morocco, are now actively campaigning for Moroccan sovereignty over western Sahara. More than 30 years of the separatist polisario backed by the Algerian political leadership, and controlled by the Algerian military intelligent services. led the front to a number of strategic failures, and most of all to the sufferings of sahraoui refugees, its record in terms of human rights is the worse in the region. According to the amnesty international report of the present year (2007) “those responsible for human rights abuses in the refugee camps in previous years continued to enjoy impunity the polisario front took no steps to address this legacy.”
The existence of the Polisario is linked to the existence of these camps, and the existence of such refugee camps on a hostile territory in subhuman conditions over a long period is a flagrant infringement of human rights. The Polisario has constantly violated the most elementary human rights for the last 30 years.
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