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
