Security Council adopts resolution 1871 (2009), extending mandate of United Nations Mission for Referendum in Western Sahara

Security Council

6117th Meeting (PM)

The Security Council today extended the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) by one year, until 30 April 2010.

Unanimously adopting resolution 1871 (2009), as orally amended, the Council called upon the parties to continue negotiations under the auspices of the Secretary-General without preconditions and in good faith, with a view to achieving a just, lasting and mutually acceptable political solution, which would provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations.

The Council welcomed the parties’ agreement with the Personal Envoy’s suggestion to hold small, informal talks in preparation for a fifth round of negotiations, recalling its endorsement of the previous report’s recommendation that realism and a spirit of compromise by the parties were essential to achieve progress in negotiations. It called upon the parties to continue to work in an atmosphere propitious for dialogue in order to enter into a more intensive and substantive phase of negotiations.

After adoption, speakers expressed satisfaction with the unanimity of the vote, which sent a message to the parties that progress in negotiations should be made. In that regard, they expressed support for the Special Envoy’s proposal to hold small, informal talks before a fifth round of negotiations in Manhasset would begin.

Some speakers emphasized the importance of respect for human rights and welcomed in that regard preambular paragraphs 7 and 8, as orally amended. The representative of Costa Rica, however, emphasizing that political will to reach results was the foundation of mediation, which must be based on absolute respect for the United Nations Charter and for human rights, expressed regret that his proposal to ask for a report on the efforts of the High Commissioner of Human Rights in Western Sahara had not been reflected in the text. That proposal was based on the Secretary-General’s recommendations in his last two reports.

France’s representative, stressing that was no solution to the situation in Western Sahara other than a negotiated political settlement that was inclusive of the concerns of the parties and benefited the whole of the Maghreb region, said that Morocco’s 2007 proposal deserved serious consideration by the parties.

Statements were also made by representatives of United States, Russian Federation, United Kingdom, Uganda, Burkina Faso, Austria and Mexico.

The meeting started at 4:47 p.m. and adjourned at 5:12 p.m.

Resolution

The full text of resolution 1871 (2009) reads as follows:

“The Security Council,

“Recalling all its previous resolutions on Western Sahara,

“Reaffirming its strong support for the efforts of the Secretary-General and his Personal Envoy to implement resolutions 1754 (2007), 1783 (2007) and 1813 (2008),

“Reaffirming its commitment to assist the parties to achieve a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect,

“Reiterating its call upon the parties and States of the region to continue to cooperate fully with the United Nations and with each other to end the current impasse and to achieve progress towards a political solution,

“Taking note of the Moroccan proposal presented on 11 April 2007 to the Secretary-General and welcoming serious and credible Moroccan efforts to move the process forward towards resolution; also taking note of the Polisario Front proposal presented 10 April 2007 to the Secretary-General,

“Taking note of the four rounds of negotiations held under the auspices of the Secretary-General, and welcoming the progress made by the parties to enter into direct negotiations,

“Stressing the importance of making progress on the human dimension of the conflict as a means to promote transparency and mutual confidence through constructive dialogue and humanitarian confidence-building measures,

“Welcoming in this context the agreement of the parties expressed in the Communiqué of the Personal Envoy of the Secretary-General for Western Sahara of 18 March 2008 to explore the establishment of family visits by land, which would be in addition to the existing programme by air, and encouraging them to do so in cooperation with the United Nations High Commissioner for Refugees,

“Welcoming the commitment of the parties to continue the process of negotiations through United Nations-sponsored talks,

“Noting the Secretary-General’s view that the consolidation of the status quo is not an acceptable outcome of the current process of negotiations, and noting further that progress in the negotiations will have a positive impact on the quality of life of the people of Western Sahara in all its aspects,

“Welcoming the appointment of the Secretary-General’s Personal Envoy for Western Sahara Ambassador Christopher Ross, and also welcoming his recent visit to the region and ongoing consultations with the parties,

“Having considered the report of the Secretary-General of 13 April 2009 (S/2009/200),

“1. Reaffirms the need for full respect of the military agreements reached with the United Nations Mission for the Referendum in Western Sahara (MINURSO) with regard to the ceasefire;

“2. Welcomes the parties’ agreement with the Personal Envoy’s suggestion to hold small, informal talks in preparation for a fifth round of negotiations, and recalls its endorsement of the previous report’s recommendation that realism and a spirit of compromise by the parties are essential to achieve progress in negotiations;

“3. Calls upon the parties to continue to show political will and work in an atmosphere propitious for dialogue in order to enter into a more intensive and substantive phase of negotiations, thus ensuring implementation of resolutions 1754 (2007), 1783 (2007) and 1813 (2008) and the success of negotiations; and affirms its strong support for the commitment of the Secretary-General and his Personal Envoy towards a solution to the question of Western Sahara in this context;

“4. Calls upon the parties to continue negotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments, with a view to achieving a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect;

“5. Invites Member States to lend appropriate assistance to these talks;

“6. Requests the Secretary-General to keep the Security Council informed on a regular basis on the status and progress of these negotiations under his auspices and expresses its intention to meet to receive and discuss his report;

“7. Requests the Secretary-General to provide a report on the situation in Western Sahara well before the end of the mandate period;

“8. Urges Member States to provide voluntary contributions to fund confidence-building measures that allow for increased contact between separated family members, especially family visits, as well as for other confidence-building measures that may be agreed between parties;

“9. Decides to extend the mandate of MINURSO until 30 April 2010;

“10. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel;

“11. Decides to remain seized of the matter.”

Background

The Security Council had before it the report of the Secretary-General on the situation concerning Western Sahara (document S/2009/200), which covers developments since his report of 14 April 2008 (document S/2008/251) and in which he recommends a mandate extension for the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2010.

According to the report, the situation in the Territory remains calm. The Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (Polisario Front) marked its thirty-fifth anniversary on 20 May 2008, and on 22 January 2009, it declared an exclusive economic zone for Western Sahara, extending 200 nautical miles from the coast to protect the Territory’s permanent sovereignty over its natural resources. Polisario Front called for the suspension of a 2005 fisheries agreement between Morocco and the on the European Union, whose Commissioner for External Relations met with the leader of the Polisario Front for the first time in December 2008.

The report states that Christopher Ross, the newly appointed Personal Envoy of the Secretary-General, met with several high-level representatives of the parties, and with the King of Morocco and the President of Algeria. All his interlocutors confirmed their commitment to cooperation with the United Nations with a view to reaching a solution as soon as possible. However, the Personal Envoy informed the Secretary-General that the positions of the parties have not changed since the fourth round of negotiations, held in Manhasset, New York, from 16 to 18 March 2008, and remain far apart on ways to achieve a just, lasting and mutually acceptable political solution leading to self-determination for the people of Western Sahara.

Welcoming the parties’ commitment to continuing the negotiation process, the Secretary-General recommends that the Council reiterate its call upon Morocco and the Polisario Front to negotiate in good faith, without preconditions, show the political will to enter into substantive discussions and ensure the success of the negotiations.

According to the report, the Secretary-General welcomes the progress made in mine clearing and encourages the parties to continue working with the Mission to establish direct cooperation and communication through a joint military verification commission so as to facilitate their work on mine clearance and other issues of common interest. The continuing exchanges of family visits between the Territory and the refugee camps in the Tindouf area are also welcome, and the parties should continue to work with the Office of the United Nations High Commissioner for Refugees (UNHCR) and MINURSO to explore the possibility of expanding the confidence-building programme.

Strongly urging the donor community to contribute funds to expand the programme, the Secretary-General concludes by observing that, given the existing circumstances on the ground, and in light of the Personal Envoy’s continuing efforts, the presence of MINURSO remains indispensable for the maintenance of the ceasefire in Western Sahara.

Statements

SUSAN RICE ( United States) said her country fully supported the Secretary-General and his new Personal Envoy in their efforts to find a solution to the question of Western Sahara. The problem had gone on for too long, and as a consequence, poor relations between Morocco and Algeria had prevented cooperation on issues of urgency for North Africa. On the Personal Envoy’s recent trip to the region, all interlocutors had confirmed their commitment to cooperate with the United Nations and concurred with his assessment that informal preparatory talks might help pave the way for formal and more substantive talks. Given the current situation on the ground, the presence of MINURSO remained indispensable.

JEAN-MAURICE RIPERT (France) said there was no solution to the situation in Western Sahara other than a negotiated political settlement that was inclusive of the concerns of the parties and which benefited the whole of the Maghreb region. France would call on the parties to return to the negotiating table as soon as possible in a spirit of realism and compromise, and with the political will finally to reach a just and lasting decision. Morocco’s 2007 proposal deserved serious consideration. France backed the efforts of the Secretary-General and his Personal Envoy, as well as the idea of a round of informal talks ahead of formal negotiations.

VITALY CHURKIN ( Russian Federation) said the unanimous adoption of the resolution sent a message to the parties of the need for progress in the negotiations and it could help assist the Personal Envoy’s endeavours to give new life to the peace process. The Russian Federation attached great importance to direct dialogue in the negotiations.

JOHN SAWERS ( United Kingdom) welcomed the unanimous adoption of the resolution as it sent an important message of support for Personal Envoy Ross as he embarked on his new role. The fresh approach provided a real opportunity for the parties to take an equally fresh approach. The United Kingdom strongly urged all the parties to seize the opportunity and undertake talks in the sprit of openness. They should work towards a just, lasting and mutually acceptable solution that would provide for the self-determination of the people of Western Sahara. Regarding the resolution’s reference to the “human dimension” of the situation, the United Kingdom firmly believed that an expansion of humanitarian confidence-building measures would do much to restore trust between the parties.

JORGE URBINA ( Costa Rica) said that, while he had voted in favour of the resolution because it was important to lend unanimous Council support to the plan presented by the Personal Envoy, he was not satisfied with the text. As an active advocate of the peaceful settlements of disputes, Costa Rica was sorry that its delegation’s proposals and concerns were not reflected in the text, in particular a proposal to ask for a report on the efforts of the High Commissioner for Human Rights in Western Sahara, as requested in the Secretary-General’s last two reports. Unfortunately, the Council had not endorsed the Secretary-General’s conclusions.

PATRICK MUGOYA ( Uganda) said he had voted in favour of renewing the mandate but remained concerned by a number of issues raised in the Secretary-General’s report regarding the human rights situation in the Western Sahara. One of the key areas of concern for the United Nations was human rights, and Uganda was aware that MINURSO’s mandate contained no human rights mechanisms. Uganda, therefore, welcomed the Secretary-General’s reference to the “human dimension” of the situation in Western Sahara and looked forward to concrete action to address the issue on the ground.

PAUL ROBERT TIENDRÉBÉOGO ( Burkina Faso) said the Council should pursue clear objectives and spare no effort to promote a rapid resumption of the Manhasset process. Those objectives were reflected in the resolution, which was the best possible compromise at the present stage.

THOMAS MAYR-HARTING ( Austria) said he hoped a new approach to the Western Sahara question would lead to progress in the Territory and in the refugee camps. To that end, Austria supported the recommendation on consultations between the parties and the Office of the United Nations High Commissioner for Human Rights, as well as the promotion of confidence-building measures.

Council President CLAUDE HELLER (Mexico), speaking in his national capacity, said he was gratified by the adoption of the resolution, in particular the unanimity of the vote, which reflected support for MINURSO’s work and for the initiatives taken by the new Personal Envoy. Mexico also supported the Personal Envoy’s suggestion that small preparatory meetings be organized before a fifth meeting in Manhasset was convened, and trusted that the parties would attend in good faith and without preconditions. Because the Council could not neglect the topic of human rights in its consideration of the situation, Mexico welcomed preambular paragraph 7 of the resolution, which stressed the importance of progress in that regard.

Letter to the UNSC urging for human rights monitoring in Western Sahara

17 de Abril 2009

Your Excellency,

Human Rights Watch is writing this letter to urge your support at the UN Security Council for establishing a program of human rights monitoring for Western Sahara and the Sahrawi refugee camps in Tindouf, Algeria.

As the Security Council deliberates renewing the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO), which expires at the end of this month, we urge that the mandate be revised to encompass on-the-ground human rights monitoring, or that another UN mechanism assume this function.

The Security Council should establish such a mechanism because the United Nations has a special obligation to Western Sahara as a designated "non-self-governing territory" whose political future is contested, and where there is no other regular, independent on-the-ground monitoring of human rights.

As the Report of the Secretary General on the Situation Concerning Western Sahara, dated April 13, 2009 states, "The United Nations has no staff on the ground dedicated to monitoring respect for human rights in the Territory or in the refugee camps near Tindouf, since MINURSO does not have a specific human rights mandate and the Office of the High Commissioner for Human Rights has no presence in the Territory or in the refugee camps near Tindouf."

A UN monitoring presence would serve as a neutral source of human rights reporting, amidst the allegations that the adversaries in the conflict level against one another. In so doing, it can enhance the environment for negotiations by building trust and ensuring that rights are respected.

It is important to note that such monitoring is a standard component of peacekeeping operations elsewhere; MINURSO is nearly the only peacekeeping unit under UN auspices that has no human rights monitoring component. The Office of the High Commissioner of Human Rights (OHCHR) for its part conducted a single research mission in 2006, but never formally published its report from that visit.

Human Rights Watch published in December 2008 a detailed report, Human Rights in Western Sahara and in the Tindouf Refugee Camps. We found a pattern of violations by Moroccan authorities of the right of Sahrawis to speak, associate and assemble peacefully in support of self-determination. The report describes how security forces arbitrarily arrest demonstrators and suspected Sahrawi activists, sometimes beating them and subjecting them to torture, and force them to sign incriminating police statements, all with virtual impunity; the courts then convict and imprison them after unfair trials.

Human Rights Watch devotes a substantial portion of its report to human rights in the Polisario-run refugee camps in Tindouf, Algeria. While we did not find systematic violations of human rights at the present time, the concerns we noted, including the absence of open debate on fundamental political issues and the survival, in a limited number of cases, of practices related to slavery, heighten our concern that the rights of the Sahrawis living in these camps are vulnerable due to the camps' extreme isolation, the lack of regular, on-the-ground human rights monitoring, and the lack of oversight by the host country of Algeria.

For this reason, we have emphasized that any program of UN human rights monitoring must cover both Moroccan-administered territories and the Polisario-run camps in Algeria. The Polisario Front's verbal acceptance of UN monitoring should be put to the test. Morocco should favor such monitoring as well, as a means of providing independent verification of its repeated assertions that the Polisario Front, with Algerian complicity, is holding the Tindouf camp population captive against its will and severely repressing its rights.

Human rights monitoring would essentially involve having UN human rights officers based permanently in the Western Sahara and the camps, either as part of MINURSO or as a stand-alone OHCHR mission mandated by either the Security Council or the Human Rights Council. There, they would be able to monitor and report on the situation, identify the key human rights concerns and their causes, and be able to raise these with the relevant authorities.

MINURSO is the obvious candidate to conduct human rights monitoring in the camps and in Western Sahara. Although its original and eponymous mandate-to organize a referendum-has been stymied since 2000, its sizable locally-based staff, resources and long experience may make it the entity best placed to perform this function. In addition to monitoring the cease-fire, MINURSO operates, together with the UN High Commissioner for Refugees, a program of family visits and other confidence-building measures.

Even if the Security Council does not expand the mandate of MINURSO to include human rights, it should endorse another monitoring mechanism, such as a field presence of the Office of the High Commissioner for Human Rights.

Regular rights monitoring is essential to having an accurate picture of the situation and to ensuring that Morocco on the one hand and, on the other, Algeria and the Polisario Front, respect the rights of persons under their respective control. By accepting such monitoring, the parties would show good faith and nurture the mutual confidence needed to advance the political negotiations over the territory's future.

Thank you for your consideration.

Sincerely yours,

Sarah Leah Whitson Steve Crawshaw

Executive Director United Nations Advocacy Director

Middle East & North Africa division

Boycott reunión CI FORUM SOCIAL MONDIAL en marruecos

POSICIÓN DE AFAPREDESA EN REFERENCIA A LA CELEBRACIÓN DE LA PRÓXIMA REUNIÓN DEL CONSEJO INTERNACIONAL DEL FORO SOCIAL MUNDIAL EN MARRUECOS


Después de haber consensuado las reflexiones con el resto de integrantes del Foro Social Saharaui, la Asociación Afapredesa expresa su profunda indignación y su enorme sorpresa ante la decisión de la celebración de la próxima Reunión del Consejo Internacional del Foro Social Mundial en Marruecos.

Esta posición se sostiene en base a las siguientes consideraciones:

* La celebración de una reunión de un movimiento de estas dimensiones en un país ocupante y continuo represor del pueblo saharaui, es , en sí mismo, contrario a los principios de la Carta de Puerto Alegre, que enunciaba, sin ninguna ambigüedad , en su artículo 10 : “El Foro Social Mundial se opone a toda visión totalitaria y reduccionista de la historia y al uso de la violencia como medio de control social por parte del Estado. Apoya el respeto de los Derechos Humanos, las relaciones equitativas-justas, solidarias y pacíficas entre las personas, las razas, los sexos y los pueblos, condenando todas las formas de dominación así como el sometimiento de un ser humano a otro.”
* El país anfitrión de esta reunión, el reino de Marruecos, no muestra más que desprecio y arrogancia frente a las resoluciones pertinentes de la Comunidad Internacional en lo referente a la conclusión de la descolonización del Sahara Occidental y rechaza constantemente la celebración de un Referéndum de autodeterminación justo y regulado en el marco del plan de paz de la ONU-UA, solemnemente aceptado por las dos partes en conflicto-el Reino de Marruecos y el Frente Polisario-, desde 1991.
Peor aún, sus tropas de ocupación en el Sahara Occidental persisten en sus políticas de represión y de terror contra la población civil Saharaui indefensa, como prueban los informes de las organizaciones internacionales de derechos Humanos, como Human Rights Watch (2008), Amnistia Internacional, la Organización Mundial contra la Tortura, las instancias internacionales entre las cuales están el Alto Comisariado de Derechos Humanos de la ONU(informe de misión 2006), la misión ad hoc del Parlamento Europeo para el Sahara Occidental (informe de marzo de 2009), entre otros.
* Si bien los diferentes componentes del Foro Social Marroquí han mostrado un alto grado de madurez en su esfuerzo por contribuir al acercamiento de las visiones de las dos sociedades civiles-saharaui y marroquí- en su búsqueda de alternativas, la construcción Maghreb de los pueblos, va encaminada, como se ha suscrito, principalmente a facilitar el arranque del 1º Foro Social Magrebí, a celebrar en EL JADIDA (Marruecos) sin la participación del Foro Social Saharaui en el exilio. Estamos asombrados de que el FSM haya asumido una invitación para la celebración de una reunión del CI del FSM.
* A diferencia de los componentes del Foro Social de Israel, que constantemente denunciaban regular y públicamente los excesos criminales de Israel contra el pueblo palestino, los miembros del FSM están todavía poco dispuestos a expresar públicamente su posición de base contra los crímenes cometidos de manera cotidiana por las tropas de su país contra la población civil saharaui en los territorios ocupados del Sahara Occidental. Peor aún, entre ellos algunos continúan defendiendo la visión totalitaria reduccionista y colonialista del “Sahara Marroquí”, pese a ser conscientes de que la ocupación por Marruecos de una parte del territorio de la República Saharaui es una violación flagrante de la legalidad internacional, y mina la estabilidad y el progreso de los pueblos del Gran Maghreb. El lamentable rol de los sindicatos marroquíes es así mismo ilustrativo, ya que participan a diario en la explotación ilícita de los recursos naturales del Sahara Occidental, sobre todo en los sectores minero y pesquero.


Es por ello que AFAPREDESA lanza una llamada de presión para el boicot de esta reunión del Consejo Internacional del Foro Social Mundial hasta que no sea tenida en cuenta la ocupación y el sometimiento del pueblo saharaui por el régimen de Marruecos.

Campamentos de refugiados saharauis, a 30 de marzo de 2.009.
Modificado el ( lunes, 06 de abril de 2009 )

Occupation tomatoes reached the US

The controversial tomatoes from occupied Western Sahara that a Norwegian importer has refused to import, have reached the US. Requirements from US government that tomatoes from Dakhla need to be certified by Western Sahara authorities seem to have been altered.


The first tomato shipments from occupied Western Sahara to the US were made in 2007, and the local producer Azura have plans of further exports across the Atlantic.

A US representative of the tomato producer in occupied Western Sahara, said to the US government that they intend to comply with the US-Moroccan Free Trade Agreement – which ironically excludes inclusion of Western Sahara produce. Mystically enough, the first cargo from 2007 is not to be found in US government statistics.


US demanded Western Sahara certificate

United States Department of Agriculture enforces strict health regulations on imported food products. On its homepages, it has for a long time been stated that the Ministry of Agriculture of Western Sahara must certify and officially seal the tomatoes prior to shipping to US ports, but it is not known if this was ever done.


These demands are also mentioned in the Fresh Fruits and Vegetables Import Manual from 2008, a document written for US regulatory offices who work at US border locations, including customs.

But some time between December 2008 and May 2009, the regulations on the Ministry of Agriculture’s homepages were changed. The reference to the Ministry of Agriculture of Western Sahara was removed from the pages.

It is not clear whether the relevant Western Sahara ministry ever certified the tomatoes that already arrived the US. The Western Sahara republic is recognised by more than 80 states worldwide, but US is not among them. On the other side, the US does not recognise the Moroccan claims to Western Sahara.

The possible future US imports of tomatoes from Moroccan firms inside occupied Western Sahara will of course remain a highly controversial issue, politically as well as ethically. The exporter of tomatoes in occupied Western Sahara, is Azura, a French-Moroccan firm, that employs hundreds of Moroccan civilians in the occupied country.

One of the biggest Norwegian grocery chains, and major vegetable importer Coop, in March this year gave strict orders to Azura to not include Western Sahara produce among the tomato cargos they import from Azura in Morocco proper.

In addition to the evident politico-ethical consequences, importing from Morocco’s neighbouring country Western Sahara is also an interesting question of US tariff.

The US-Moroccan 2004 Free Trade Agreement does not include produce from occupied Western Sahara. This has been made clear by the former US Trade Representative Robert Zoellick.

Based on the statement from the US Trade Representative, is not probable that US Customs would accept tariff reductions from Western Sahara, which might otherwise be possible for tomatoes from Morocco. On the other hand, it could theoretically be possible if the producers try to circumvent the US regulations by falsely labelling Western Sahara produce as "Moroccan".

Today, there seem to be plans for increased exports from occupied Western Sahara to the US, but it is not clear whether tariff reductions are claimed with reference to the US-Moroccan FTA.

An "initial, albeit small, test shipment” was exported from Dakhla to the US in April 2007, according to a letter from Azura’s US representative Bernstein Consulting Inc. in Virginia (davbernst@aol.com) to Animal & Plant Health Inspection Services on 15 July 2008.

"In the case of shipments to the United States, we are mindful of the great importance of complete compliance with all applicable laws and regulations as we enter the new United States-Morocco Free Trade Agreement", write the representative. Azura also underlines their wish to "expand the exports (...) consistent with the recently adopted US-Morocco Free Trade Agreement”.

The representative also states that the greenhouse in Dakhla area in 2006 was "the area first subject to special USA/Morocco tomato protocol in 2007".

On 15 May 2008, the company Azura stated that they had carried out a shipment to the US the month before. The shipment "passed all controls on arrival in America", and was carried out by airfreight. It is not clear from the Azura release whether the exact origin of the tomatoes, whether they were from the occupied city of Dakhla, or from regions within Morocco.

No sign of April 2007 shipment
According to the figures from US Census Bureau's foreign trade statistics, there were no shipments at all from Western Sahara to the US in April 2007, to the contrary of what Azura representative mentions. Nor were any imports mentioned in the US for the period of April-May 2008.

In 2007, there were only registered some amounts of exports of unknown content from Western Sahara to US in November and December 2007. Another export of unknown content was carried out from Western Sahara to the US in October 2008.

The exports from Western Sahara to the US amounted to 4769 dollars in 2007 and 4200 in 2008. The exports from the US to Western Sahara, on the other hand, was in 2008 91132 dollars, a decline from 34442 dollars in 2007.

Import requirements

1 Phytosanitary Certificate, Pest-Free Inspection: If the tomatoes transit fruit fly supporting areas of Europe and South America, they must be sealed by the Ministry of Agriculture of Western Sahara and the official seal must appear on the phytosanitary certificate. Tomatoes must arrive at the U.S. port of entry in insect-proof cartons or cartons covered with an insect-proof tarpaulin.

2 Phytosanitary Certificate, Pest-Free Inspection: Must be accompanied by a phytosanitary certificate stating that "These tomatoes were grown in registered greenhouses in Dahkla Province, Western Sahara and were pink at the time of packing." Tomatoes must arrive at the U.S. port of entry in insect-proof cartons or cartons covered with an insect-proof tarpaulin.

Norwatch: Controversial Oil Exploration Finished

The Norwegian seismic company Fugro-Geoteam has completed its controversial exploration offshore occupied Western Sahara. Their employer’s plans to become established on the Canary Islands have aroused strong reactions. Norwatch, 15 April 2009.


The vessel Geo Caribbean, owned by Norwegian Fugro-Geoteam, has just completed a 3-month assignment in Western Sahara for the occupation power Morocco. The assignment was completed a week ago, and the ship is now located in Norwegian waters. The above photograph shows the vessel the day it reached the Netherlands during Easter. On Monday Geo Caribbean sailed past the city of Ålesund.

“This has been a sad period for the Sahrawi people. The Norwegian involvement may result in the Sahrawi people never receiving their longed-for independence,” Sergio Ramirez, in the campaign organisation Western Sahara Resource Watch on the Canary Islands, told Norwatch.

If Morocco finds oil in Western Sahara, it is unlikely that Morocco will accept a referendum in Western Sahara, which is something that more than a hundred UN resolutions have demanded. The Norwegian exploration has taken place at variance with statements from the UN’s legal office.


The Canary Islands Concerned

Since January, when Norwatch revealed the Norwegian involvement, the subject has been an important issue in the press on the Canary Islands. A dozen newspapers have during the past weeks written that the Norwegian-Moroccan oil adventure in occupied Western Sahara may threaten the security on the Spanish islands.

The relationship between Morocco and Spain has always been sensitive, among other things because Morocco lays claim to land and ocean areas that have internationally been considered Spanish. Among other things, Morocco claims two Spanish enclaves in northern Morocco and has also maintained that the Canary Islands are theirs. This Moroccan sabre-rattling resulted in that, a few years ago, they invaded an uninhabited Spanish islet. The Canary distrust of Morocco’s territorial claims has not been lessened by the recent discovery of oil in Moroccan waters, not far from the Canaries.

Now a new flank for conflict may form on the threshold of the tourist islands, in Western Sahara. This area was occupied by Morocco while it was still a part of Spain. With oil in Western Sahara, the political and judicial tangles in the region may be even harder to sort out.

Even though Morocco has since 1975 illegally occupied most of Western Sahara, they have never laid claim to the ocean area outside the annexed area, where they are constantly drawing closer to the longed-for oil.

Such a claim has, on the other hand, been presented by occupied Western Sahara’s government in exile. Previously, they have stated that Morocco’s oil exploration in Western Sahara is a breach of the truce between the parties. The Minister of Foreign Affairs of the Republic of Western Sahara wrote in a cutting letter to Fugro-Geoteam that the company is endangering its own crew through the operation, by assisting the Moroccan plans.

Norwatch’s revelation that the Moroccan navy was assigned to be ready to support the Norwegian seismic mission in the occupied waters also received media attention.

When the Canary Island press wrote before Easter that Fugro-Geoteam’s employer, the American company Kosmos Energy, has been planning to establish a plant on the Canary Islands for receiving oil from the occupied area, the headline became “The Canary Islands’ Security Threatened”.

During the week-end the authorities and the business sector on the Islands denied that they have been involved in the plans. The American Chamber of Commerce has also denied that it has participated in Kosmos Energy’s plans to establish itself there.

It nevertheless appears as if Kosmos has had such intentions. The Canary Islands would be the most natural location for the company’s base if it plans to extract oil offshore Western Sahara. The occupied republic’s government in exile would in that case become extremely displeased with its earlier colonial masters in Madrid.

Western Sahara is a full-fledged member of the African Union and has strong political support from the majority of Africa’s nations.


Demonstrations

It is Norway’s Fugro-Geoteam’s exploration that has participated in arousing the new insecurity on the Canary Islands. Among most Sahrawis the Norwegian project has provoked anger. Refugees on Gran Canaria – many thousands of them live on the Canary Islands – have protested against Norway’s involvement by demonstrating in front of Fugro-Geoteam’s escort ship in the harbour of Las Palmas. In Morocco, Sahrawi students have participated in protest marches against the Norwegian involvement.

Western Sahara Resource Watch is now demanding that the Norwegian company hand over the collected data to the Sahrawis.

thor_omega_amsterdam_10_04_2009_350.jpg“It is evident that the data that Fugro-Geoteam has collected do not belong to them. Nor do they belong to their American employers or to Morocco. Fugro-Geoteam must immediately hand over the data to their rightful owners – that is, the Sahrawis,” Ramirez of Western Sahara Resource Watch told Norwatch.

During the week-end Geo Caribbean and its escort ship Thor Omega (on the right) were at port in Ijmuiden outside Amsterdam. Norwatch has obtained photos of the ships.

The ship Island Senior, which Norwatch documented as teamed up with Thor Omega outside the Canary Islands in March, was also reported to be at anchor a stone’s throw away from Geo Caribbean in the Dutch harbour on 10 April.

On Monday Geo Caribbean and Thor Omega were at anchor outside Bergen and Ålesund and then moved further out in Norwegian waters, probably to carry out explorations there.

From what Norwatch has been able to ascertain, none of the letters that Western Sahara groups, Sahrawis, or the Western Sahara government in exile has sent to Fugro-Geoteam have been answered.

The UN’s legal office has declared that oil exploration in Western Sahara is at variance with international law, and the Norwegian Ministry of Foreign Affairs advises against such involvement. “An exceptionally gross violation of fundamental ethical norms because this may contribute to legitimise Morocco’s sovereignty claims and thus undermine the UN’s peace process,” the Ministry of Finance called such an involvement when they sold off Kerr-McGee, a previous American oil company involved in oil exploration in occupied Western Sahara.

Kerr-McGee was for many years a close partner of Kosmos Energy, which took over the test area in Western Sahara.

The CEO of Fugro-Geoteam, Hans Meyer, confirmed to Norwatch today that their assignment is concluded and said that the company has no plans for further involvement in Western Sahara. The Dutch parent company said the same a few years ago.

Danish NGO calls for exclusion of Western Sahara from EU deals

The Danish organisation Afrika Kontakt demands that the Danish government do not support Morocco's occupation through the EU cooperation.


The letter below was sent from Afrika Kontakt to the Danish Foreign Minister, 27th of April 2009. Afrika Kontakt started initially as an anti-apartheid organisation, but works now on solidarity issues in Africa as a whole.


Danish Ministry of Foreign Affairs,
Asiatisk Plads 2
DK-1448 Copenhagen K

Copenhagen April 27th, 2009

Attn.: Foreign Minister Mr. Per Stig Møller

Subject: The Kingdom of Morocco's illegal occupation of Western Saharan territory in connection with upgrading of the European Union’s relations with Morocco

Dear Mr. Møller,

The EU and Morocco are currently negotiating the strengthening of their relationship under the 'EU-Morocco Action Plan'. The relationship between the two parties is currently covered by an Association Agreement (2000) within the framework of the EU's Neighbourhood Policy (ENP) and the Fisheries Partnership Agreement (2006).

Neither the current Action Plan nor the existing Association Agreement, which forms the basis for the action plan, relates to the fact that Morocco has illegally occupied the territory of Western Sahara since 1975.

Illegal occupation and violation of human rights
Although the Association Agreement’s article 2 highlights “the respect for the democratic principles and human rights” as a foundation of the Agreement, this is in sharp contradiction with the Moroccan occupation of Western Sahara that has resulted in the violation of more than 100 UN resolutions - including the UN General Assembly Resolution 1514 (XV), which urges Morocco to decolonize Western Sahara. In addition, the UN Security Council’s Action Plan stipulates a referendum on independence or autonomy for the region.
According to international law the Saharawi People are entitled to self-determination. The International Court of Justice in the Hague also supports the claims of the Saharawis to an independent Western Sahara. The African Union also recognizes Western Sahara as an independent State.

Moreover, the Moroccan government is behind attacks and kidnappings of political opponents in Western Sahara as well as violations of the Saharawi human rights. This has been pointed out by the United Nations and the European Parliament delegation to Western Sahara as well by several human rights organisations.


Plundering of Western Sahara's natural resources

In the EU-Morocco Fisheries Agreement, Western Sahara was not excluded. The Agreement allows Morocco to sell fishing rights to the European Union in the Western Sahara territorial waters, which Morocco has illegally occupied.
The Saharawi People have not been consulted during the conclusion of the Fisheries Partnership Agreement.
For these reasons, the Swedish government in 2006 voted against the Fisheries Partnership Agreement with Morocco in the EU Council of Ministers – unfortunately as the only EU member.
Denmark and the EU should follow Sweden's example and thus not allow Morocco to exploit Western Sahara’s natural and fishing resources.


Recommendations for what the Danish government should work for

EU and its member states are obliged under international law not to recognize the occupation of Morocco to Western Sahara, and to support the decolonization of Western Sahara. As long as the majority of the Saharawis are living in exile, and the Moroccan Government violates their human rights, the EU and its member states also have a moral duty to support them.

However, by signing Morocco 'advanced status' under the EU-Morocco Action Plan, EU and Denmark are supporting the Moroccan occupation of Western Sahara and the pillaging of the territory's natural resources.

Therefore, Denmark in the EU Council should work for:

• that all negotiations to upgrade the relations between the EU and Morocco should immediately be frozen if they do not explicitly exclude the territory of Western Sahara.

• that the existing agreements between the EU and Morocco should be revised so that the Western Sahara territory is explicitly excluded from these agreements

• that the EU should not support the trade of goods or minerals from areas that are illegally occupied,

• that the EU must use its position to exert pressure on the Moroccan Government to comply with UN resolutions, including Security Council Resolution 1813 from 2008 and the International Court of Justice ruling, and that the EU should fully support the UN Secretary General's Special Envoy for Western Sahara, Mr. Christopher Ross,

• that the EU should support an extension of the mandate of United Nations Mission for the Referendum in Western Sahara (MINURSO) to monitor and report human rights violations in the occupied territories.

The Danish government should also encourage Danish companies with activities in the occupied areas to pull out and not to continue being involved in further illegal exploitation of the natural resources in the area.

AFRIKA KONTAKT follows the development closely. While we support the Saharawi People’s struggle for an independent Western Sahara, we believe that this should be achieved through a referendum in the occupied territory. The UN Security Council has tried to achieve this plan for many years, but without Morocco wholeheartedly supporting it.

AFRIKA KONTAKT, in collaboration with other groups and individuals in Denmark has contacted the Saharawi recognized representative, the POLISARIO Front. Together we will try to change the EU's policy towards Morocco so that there can be a peaceful transition to a democratic and independent Western Sahara.

AFRIKA KONTAKT is ready to give advice and to discuss the matter further, and is looking forward to hearing from you.

For information, enclosed two reports of the UN Secretary General on the situation of Western Sahara:

• Report of the UN Secretary-General on the situation concerning Western Sahara to the Security Council, 13 April 2009

• Report of the UN Secretary-General on the situation concerning Western Sahara to the Security Council, 14 April 2008


Sincerely,

Morten Nielsen,
Campaign Manager AFRIKA KONTAKT

A Human Rights Black Hole: U.N Peacekeeping in Western Sahara

Every contemporary United Nations peacekeeping mission on the ground today has a mandate to protect human rights, except one, the UN Mission for the Referendum inWestern Sahara (MINURSO). Without direct authorization from the UN Security Council, MINURSO cannot monitor or report on the human rights situation inWestern Sahara, the last colony in Africa. As a result, the Sahrawi people continue to suffer from human rights abuses with no recourse or relief.

This week, the Security Council will review and renew MINURSO 's mandate. Although the mission will be extended, this review will reportedly again exclude a human rights component in the mission's mandate, making the UN Secretary General's recognition of a "duty to uphold human rights standards in all its operations, including those relating to Western Sahara," ring hollow.

Looking at MINURSO's history helps explain how such a situation was created, but not a justification for the current gap. In the context of a dispute over whether the Moroccan government or the indigenous Sahrawi population (represented politically by the Polisario) would govern Western Sahara , the Mission was created in 1991 to oversee a ceasefire between the two sides and to ensure that the Sahrawi people one day have the opportunity to vote on the future of Western Sahara in a free and fair referendum. It was believed that this referendum could be held within one year, thus possibly justifying a UN Mission that would be limited in scope. Now, almost two decades after MINURSO was first created, the referendum has still not been held and there seems little chance of it occurring in the near future.

Although the impasse is in itself a significant problem, the human rights situation on the ground warrants far greater concern. Sahrawis who have sought to promote human rights in the territory, such as the rights to freedom of speech and assembly, are subject to harassment, arrest, beatings, and are charged with crimes they have not committed. The violence against the Sahrawi population by Moroccan authorities has been cited by the US State Department, Amnesty International, Human Rights Watch, Freedom House, the World Organization Against Torture, and Reporters without Borders. In fact, Moroccan-occupied Western Sahara is continually ranked by Freedom House as one of the most repressive regimes in the world. Without human rights monitoring by the only on-the-ground entity which could have the capability to do so - MINURSO - this government-sponsored misconduct will continue to go unchecked.

The UN's own human rights arm agrees with this assessment, albeit quietly. The UN's Office of the High Commissioner for Human Rights (OHCHR), in a leaked 2006 report, determined that monitoring of the human rights situation in Western Sahara and the refugee camps in Tindouf, Algeria would be "indispensable." This report urged that a mechanism be created to ensure adequate and continuous monitoring of the human rights situation in both the Western Sahara territories and in the Polisario-run refugee camps located in Tindouf, Algeria.

Why then does MINURSO continue to operate as the only contemporary U.N. peacekeeping mission without a human rights component? With Morocco's rise as an important ally in Western efforts to thwart terrorism, its human rights record and disregard forinternational rule of law has been conveniently overlooked by permanent members of the Security Council. Furthermore, Morocco has informed theinternational community that the inclusion of a human rights component in the MINURSO mandate would be tantamount to endorsing the Polisario. Morocco's successful politicization of the situation is not difficult to see. What is confounding is the U.N. Security Council's determination to passively acquiesce to such politics in the face of this true human rights problem - and, especially because MINURSO is the only contemporary Mission in the world where it has chosen to do so.

The observance of human rights should be viewed as central to any solution to this seemingly intractable issue, not as a hindrance. As the future of Western Sahara hangs in political balance, the Security Council should, at the very least, take the definitive step of promoting the basic rights of the Sahrawi people as they wait for a resolution of the decades-long conflict over self-determination.

Visit www.rfkcenter.org to learn more about the Robert F. Kennedy Center for Human Rights and our work in Western Sahara.

Amnesty International: UNSC members should support independent human

UNSC members should support independent human rights monitoring in Western Sahara and the Tindouf camps

In a letter sent to members of the United Nations Security Council (UNSC), Amnesty International called for the inclusion of a human rights monitoring component in the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO), when it votes for its renewal on 30 April 2009. Amnesty International believes that independent monitoring of the human rights situation in Western Sahara, a territory annexed by Morocco in 1975, and the Tindouf camps under the authority of the Polisario Front in south-western Algeria is integral to ensuring the human rights protection of the populations.

Shorty after the deployment of MINURSO in September 1991, Amnesty International had already urged that human rights monitoring be part of its mandate given the persistence of allegations of human rights violations both in Western Sahara and the Tindouf camps in Algeria. However, no such action has been taken to date. Amnesty International reiterated this call in a letter addressing all members of the UNSC dated 24 April 2009, urging them to vote for the inclusion of an independent monitoring mechanism into the MINURSO mandate, particularly as both sides to the conflict accuse the other of serious human rights violations and of exploiting human rights concerns for their respective political ends.

In his latest report on the situation concerning Western Sahara (S/2009/200), the Secretary General reaffirmed the UN’s obligation to uphold human rights in all its operations, even though the “the United Nations has no staff on the ground dedicated to monitoring respect for human rights in the Territory [Western Sahara] or in the refugee camps near Tindouf.” Amnesty International welcomes that a number of members of the UNSC have expressed their support for the need to address this lack of independent human rights monitoring during last week’s deliberations of the UNSC on the renewal of MINURSO’s mandate.

The fact that human rights violations have continued in the past years even in the presence of MINURSO in Western Sahara clearly shows the need for the UN to take measures to enhance the human rights protection in Western Sahara and the Tindouf camps. A MINURSO without a human rights component would be further undermined as it witnesses in silence ongoing human rights violations. The inclusion of a human rights monitoring component in the MINURSO’s mandate is a necessary first step toward addressing this problem. The forthcoming renewal of MINURSO’s mandate provides an excellent opportunity to do so.


Background

The human rights situation has improved in Morocco since the “years of the lead.” This was the period between 1956 and 1999, which was characterized by repression of political dissent, the enforced disappearance of hundreds of individuals, arbitrary detention of thousands of others, and the systemic use of torture and other ill-treatment. However this progress has been overshadowed by continuing human rights violations in Western Sahara.

For the Moroccan authorities, expressing a view in favour of the independence of Western Sahara remains taboo. Sahrawi supporters of the right to self-determination and independence of the region, as well as human rights defenders and journalists who have monitored and reported on human rights violations committed by the Moroccan security forces in this context have face intimidation, harassment, prosecution and even imprisonment. Sahrawi activists continue to be hampered by politically-motivated administrative obstacles preventing them from legally registering their associations. Many Sahrawi human rights and civil society activists have been imprisoned following demonstrations calling for the right to self-determination for the people of Western Sahara and many have reportedly been tortured or otherwise ill-treated during questioning.

Amnesty International has also repeatedly expressed its concerns about the impunity of those accused of serious human rights abuses in the Tindouf camps in the 1970s and 1980s, including arbitrary and secret detention for prolonged periods, torture and ill-treatment, deaths in custody and extrajudicial executions. Little independent information is available on the current human rights situation in the Tindouf camps.

Working to protect human rights worldwide

Plus de 450 participants attendus à la 6ème édition du festival international du cinéma à Dakhla

Chahid El Hafed, Plus de 450 participants sont attendus au 6eme festival international du cinéma au Sahara Occidental (Fisahara), prévu du 5 au 10 mai au camp de Dakhla, apprend-on samedi des organisateurs.

Une pléiade d'artistes, de techniciens et de directeurs de l’information de pays d’Europe, d'Afrique et d'Amérique latine est attendue à cette manifestation. L'Algérie y prendra part en tant qu'invité d'honneur et contribuera avec des films sur la Révolution algérienne, a indiqué la même source.

Ce rendez-vous artistique constitue une nouvelle étape de solidarité avec le peuple sahraoui par le biais du cinéma, et vise à renforcer les acquis politiques et médiatiques réalisées durant les cinq précédentes éditions et à rallier de nouveaux amis à la cause sahraouie.

Cette manifestation a pour but également, à travers ses divers programmes, de faire découvrir la production audiovisuelle sahraouie et d’offrir l’occasion aux jeunes amateurs du 7eme art de présenter leurs produits de courts métrages et de reportages.

12 ateliers audio-visuels seront mis sur pied durant ce festival qui sera marqué par la présentation de 15 films africains et européens nouveaux dont des films espagnols, en plus de représentations artistiques, souligne-t-on.

Ce festival international du cinéma sahraoui est une initiative culturelle adoptée par le Gouvernement sahraoui depuis plusieurs années, en collaboration avec la coordination espagnole de soutien au peuple sahraoui.

De cette jonction des efforts est née l'idée de cet évènement baptisée "Fisahara". Selon la même source, la 6ème édition de ce festival cinématographique a déjà recueilli plus de 230 signatures de soutien à la cause du peuple sahraoui pour son autodétermination.

La résolution 1871 du Conseil de sécurité demande au Maroc et au Front Polisario de poursuivre les négociations

Chahid El Hafed, Le Conseil de sécurité des Nations unies a adopté jeudi soir, à l'unanimité de ses 15 membres, la résolution 1871 sur le Sahara occidental dans laquelle il demande au Maroc et au Front Polisario de poursuivre les négociations "sans conditions préalables et de bonne foi".

Ces négociations visent à parvenir à une "solution politique juste, durable et mutuellement acceptable qui pourvoie à l'autodétermination du peuple du Sahara occidental", souligne la résolution du Conseil de sécurité.

L'Algérie a accueilli avec un grand intérêt l'adoption de cette résolution et salué "l'attachement renouvelé" du Conseil de sécurité "à une solution juste et durable qui garantisse au peuple du Sahara occidental l'exercice de son droit à l'autodétermination", a indiqué vendredi le ministère algérien des Affaires étrangères dans un communiqué.

De leur côté, les ministres participant à la réunion du Bureau de coordination du Mouvement des pays non-alignés, tenue à la Havane, ont réaffirmé leurs positions antérieures sur la question du Sahara occidental dans un texte adopté jeudi soir à l'issue de leurs travaux.

Les ministres ont réaffirmé toutes les résolutions adoptées par l'Assemblée générale et le Conseil de sécurité des Nations unies sur le Sahara occidental. Ils ont appuyé "énergiquement" les efforts déployés par le secrétaire général de l'ONU et son envoyé personnel afin de "parvenir à un règlement politique qui soit mutuellement acceptable et assure l'autodétermination du peuple sahraoui dans le cadre d'accords conformes aux buts et principes de la Charte des Nations unies et aux autres résolutions pertinentes".

Trente trois (33) membres du Sénat des Etats-Unis ont de leur côté appelé récemment l'administration du président américain Barack Obama à soutenir le peuple sahraoui dans l'exercice de son droit à l'autodétermination. "Nous encourageons fortement votre administration à exprimer son soutien au peuple sahraoui dans l'exercice de son droit à l'autodétermination", ont-ils souligné dans une lettre adressée au président Obama.

Dans une lettre similaire, les sénateurs Jeff Bingaman et Tom Udall ont également appelé dernièrement l'administration du président Obama à s'engager dans un règlement du conflit au Sahara occidental favorisant l'autodétermination du peuple sahraoui.

Début d'avril, quatre autres sénateurs avaient appelé le président Obama et son administration à soutenir le peuple du Sahara occidental dans l'exercice de son droit à l'autodétermination "à travers un référendum libre, juste et transparent".

"Alors que vous entamez votre mandat, nous vous demandons instamment ainsi qu'à votre administration d'agir pour soutenir le peuple du Sahara occidental dans son droit à l'autodétermination à travers l'organisation d'un référendum libre, juste et transparent", avaient souligné les sénateurs Russel D. Feingold, James M. Inhofe, Edward M. Kennedy et Patrick J. Leahy dans leur lettre au président des Etats-Unis.

U.N. council favors informal talks on Western Sahara

UNITED NATIONS, The Security Council endorsed on Thursday a change of approach by the U.N. mediator in the decades-old Western Sahara dispute, focusing on small, informal meetings between Morocco and the Polisario Front.

The mediator, former U.S. diplomat Christopher Ross, believes that will be more effective as a next step, after four rounds of full-scale negotiations in the past two years led to no accord on the future of the territory, U.N. officials said.

Rabat, which annexed the resource-rich former Spanish colony after Madrid left in 1975, has proposed that it become an autonomous region of Morocco. The Polisario movement, which fought a guerrilla war in Sahara until a U.N.-brokered truce in 1991, wants a referendum with independence as one option.

A resolution approved on Thursday by all 15 Security Council members welcomed the parties' agreement to Ross' idea of informal talks and extended the mandate of a 200-strong U.N. military observer force in Western Sahara for a further year.

U.N. officials say the talks, for which no time or venue has been set, might include as few as two officials from each side and would aim to get them talking out of the public eye to prepare for an eventual further round of full negotiations.

One theme could be the expansion of confidence-building measures beyond current arrangements for visits and phone calls between divided Sahara families. Tens of thousands of Sahrawis live in camps in neighboring Algeria, which backs Polisario.

U.N. officials have said past rounds of negotiations, held in the Long Island town of Manhasset near New York, have led to "grandstanding," with both sides repeating their positions and refusing to negotiate seriously.

PHOSPHATE-RICH

The Security Council has long been divided on the issue of Sahara, which is rich in phosphates, offshore fisheries and potentially oil. France and the administration of former U.S. President George W. Bush backed Morocco's position, while several developing nations favored Polisario.

The previous U.N. mediator, Dutch diplomat Peter van Walsum, angered Polisario with a statement appearing to rule out independence. Ross took over the mediating job in January.

Speaking on Thursday, U.S. Ambassador Susan Rice made clear she shared long-standing U.S. concerns the dispute was hampering the fight against terrorism in North Africa, where al Qaeda is active.

"This conflict has gone on for too long," Rice told the council. "These ongoing strains, as well as poor relations between Morocco and Algeria, have prevented regional cooperation on urgent and emerging issues facing North Africa."

She also called on both sides to "come to the table without preconditions" and did not specifically endorse Morocco's autonomy plan, leaving France the only country on the council to do so.

Polisario, which accuses Morocco of human rights violations in Western Sahara, has been pushing for rights monitoring to be included in the mandate of the U.N. mission, known as MINURSO. Morocco says that is unnecessary.

Thursday's resolution made no changes to MINURSO's mandate, but Polisario scored a small victory when the resolution referred to "the importance of making progress on the human dimension of the conflict."

Diplomats said France initially resisted the word "human," preferring "humanitarian."

But Polisario's U.N. representative, Ahmed Boukhari, expressed disappointment with the resolution. "We were waiting for more engagement of the Security Council on the question of human rights," he told Reuters.

Security Council adopts resolution 1871 (2009), extending mandate of United Nations Mission for Referendum in Western Sahara

Security Council adopts resolution 1871 (2009), extending mandate of United Nations Mission for Referendum in Western Sahara


NEW YORK, The Security Council today extended the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) by one year, until 30 April 2010.



Unanimously adopting resolution 1871 (2009), as orally amended, the Council called upon the parties to continue negotiations under the auspices of the Secretary-General without preconditions and in good faith, with a view to achieving a just, lasting and mutually acceptable political solution, which would provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations.



The Council welcomed the parties’ agreement with the Personal Envoy’s suggestion to hold small, informal talks in preparation for a fifth round of negotiations, recalling its endorsement of the previous report’s recommendation that realism and a spirit of compromise by the parties were essential to achieve progress in negotiations. It called upon the parties to continue to work in an atmosphere propitious for dialogue in order to enter into a more intensive and substantive phase of negotiations.



After adoption, speakers expressed satisfaction with the unanimity of the vote, which sent a message to the parties that progress in negotiations should be made. In that regard, they expressed support for the Special Envoy’s proposal to hold small, informal talks before a fifth round of negotiations in Manhasset would begin.



Some speakers emphasized the importance of respect for human rights and welcomed in that regard preambular paragraphs 7 and 8, as orally amended. The representative of Costa Rica, however, emphasizing that political will to reach results was the foundation of mediation, which must be based on absolute respect for the United Nations Charter and for human rights, expressed regret that his proposal to ask for a report on the efforts of the High Commissioner of Human Rights in Western Sahara had not been reflected in the text. That proposal was based on the Secretary-General’s recommendations in his last two reports.



France’s representative, stressing that was no solution to the situation in Western Sahara other than a negotiated political settlement that was inclusive of the concerns of the parties and benefited the whole of the Maghreb region, said that Morocco’s 2007 proposal deserved serious consideration by the parties.



Statements were also made by representatives of United States, Russian Federation, United Kingdom, Uganda, Burkina Faso, Austria and Mexico.



The meeting started at 4:47 p.m. and adjourned at 5:12 p.m.



Resolution



The full text of resolution 1871 (2009) reads as follows:



“The Security Council,



“Recalling all its previous resolutions on Western Sahara,



“Reaffirming its strong support for the efforts of the Secretary-General and his Personal Envoy to implement resolutions 1754 (2007), 1783 (2007) and 1813 (2008),



“Reaffirming its commitment to assist the parties to achieve a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect,



“Reiterating its call upon the parties and States of the region to continue to cooperate fully with the United Nations and with each other to end the current impasse and to achieve progress towards a political solution,



“Taking note of the Moroccan proposal presented on 11 April 2007 to the Secretary-General and welcoming serious and credible Moroccan efforts to move the process forward towards resolution; also taking note of the Polisario Front proposal presented 10 April 2007 to the Secretary-General,



“Taking note of the four rounds of negotiations held under the auspices of the Secretary-General, and welcoming the progress made by the parties to enter into direct negotiations,



“Stressing the importance of making progress on the human dimension of the conflict as a means to promote transparency and mutual confidence through constructive dialogue and humanitarian confidence-building measures,



“Welcoming in this context the agreement of the parties expressed in the Communiqué of the Personal Envoy of the Secretary-General for Western Sahara of 18 March 2008 to explore the establishment of family visits by land, which would be in addition to the existing programme by air, and encouraging them to do so in cooperation with the United Nations High Commissioner for Refugees,



“Welcoming the commitment of the parties to continue the process of negotiations through United Nations-sponsored talks,



“Noting the Secretary-General’s view that the consolidation of the status quo is not an acceptable outcome of the current process of negotiations, and noting further that progress in the negotiations will have a positive impact on the quality of life of the people of Western Sahara in all its aspects,



“Welcoming the appointment of the Secretary-General’s Personal Envoy for Western Sahara Ambassador Christopher Ross, and also welcoming his recent visit to the region and ongoing consultations with the parties,



“Having considered the report of the Secretary-General of 13 April 2009 (S/2009/200),



“1. Reaffirms the need for full respect of the military agreements reached with the United Nations Mission for the Referendum in Western Sahara (MINURSO) with regard to the ceasefire;



“2. Welcomes the parties’ agreement with the Personal Envoy’s suggestion to hold small, informal talks in preparation for a fifth round of negotiations, and recalls its endorsement of the previous report’s recommendation that realism and a spirit of compromise by the parties are essential to achieve progress in negotiations;



“3. Calls upon the parties to continue to show political will and work in an atmosphere propitious for dialogue in order to enter into a more intensive and substantive phase of negotiations, thus ensuring implementation of resolutions 1754 (2007), 1783 (2007) and 1813 (2008) and the success of negotiations; and affirms its strong support for the commitment of the Secretary-General and his Personal Envoy towards a solution to the question of Western Sahara in this context;



“4. Calls upon the parties to continue negotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments, with a view to achieving a just, lasting and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect;



“5. Invites Member States to lend appropriate assistance to these talks;



“6. Requests the Secretary-General to keep the Security Council informed on a regular basis on the status and progress of these negotiations under his auspices and expresses its intention to meet to receive and discuss his report;



“7. Requests the Secretary-General to provide a report on the situation in Western Sahara well before the end of the mandate period;



“8. Urges Member States to provide voluntary contributions to fund confidence-building measures that allow for increased contact between separated family members, especially family visits, as well as for other confidence-building measures that may be agreed between parties;



“9. Decides to extend the mandate of MINURSO until 30 April 2010;



“10. Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take appropriate preventive action including pre-deployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel;



“11. Decides to remain seized of the matter.”



Background



The Security Council had before it the report of the Secretary-General on the situation concerning Western Sahara (document S/2009/200), which covers developments since his report of 14 April 2008 (document S/2008/251) and in which he recommends a mandate extension for the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2010.



According to the report, the situation in the Territory remains calm. The Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (Polisario Front) marked its thirty-fifth anniversary on 20 May 2008, and on 22 January 2009, it declared an exclusive economic zone for Western Sahara, extending 200 nautical miles from the coast to protect the Territory’s permanent sovereignty over its natural resources. Polisario Front called for the suspension of a 2005 fisheries agreement between Morocco and the on the European Union, whose Commissioner for External Relations met with the leader of the Polisario Front for the first time in December 2008.



The report states that Christopher Ross, the newly appointed Personal Envoy of the Secretary-General, met with several high-level representatives of the parties, and with the King of Morocco and the President of Algeria. All his interlocutors confirmed their commitment to cooperation with the United Nations with a view to reaching a solution as soon as possible. However, the Personal Envoy informed the Secretary-General that the positions of the parties have not changed since the fourth round of negotiations, held in Manhasset, New York, from 16 to 18 March 2008, and remain far apart on ways to achieve a just, lasting and mutually acceptable political solution leading to self-determination for the people of Western Sahara.



Welcoming the parties’ commitment to continuing the negotiation process, the Secretary-General recommends that the Council reiterate its call upon Morocco and the Polisario Front to negotiate in good faith, without preconditions, show the political will to enter into substantive discussions and ensure the success of the negotiations.



According to the report, the Secretary-General welcomes the progress made in mine clearing and encourages the parties to continue working with the Mission to establish direct cooperation and communication through a joint military verification commission so as to facilitate their work on mine clearance and other issues of common interest. The continuing exchanges of family visits between the Territory and the refugee camps in the Tindouf area are also welcome, and the parties should continue to work with the Office of the United Nations High Commissioner for Refugees (UNHCR) and MINURSO to explore the possibility of expanding the confidence-building programme.



Strongly urging the donor community to contribute funds to expand the programme, the Secretary-General concludes by observing that, given the existing circumstances on the ground, and in light of the Personal Envoy’s continuing efforts, the presence of MINURSO remains indispensable for the maintenance of the ceasefire in Western Sahara.



Statements



SUSAN RICE ( United States) said her country fully supported the Secretary-General and his new Personal Envoy in their efforts to find a solution to the question of Western Sahara. The problem had gone on for too long, and as a consequence, poor relations between Morocco and Algeria had prevented cooperation on issues of urgency for North Africa. On the Personal Envoy’s recent trip to the region, all interlocutors had confirmed their commitment to cooperate with the United Nations and concurred with his assessment that informal preparatory talks might help pave the way for formal and more substantive talks. Given the current situation on the ground, the presence of MINURSO remained indispensable.



JEAN-MAURICE RIPERT (France) said there was no solution to the situation in Western Sahara other than a negotiated political settlement that was inclusive of the concerns of the parties and which benefited the whole of the Maghreb region. France would call on the parties to return to the negotiating table as soon as possible in a spirit of realism and compromise, and with the political will finally to reach a just and lasting decision. Morocco’s 2007 proposal deserved serious consideration. France backed the efforts of the Secretary-General and his Personal Envoy, as well as the idea of a round of informal talks ahead of formal negotiations.



VITALY CHURKIN ( Russian Federation) said the unanimous adoption of the resolution sent a message to the parties of the need for progress in the negotiations and it could help assist the Personal Envoy’s endeavours to give new life to the peace process. The Russian Federation attached great importance to direct dialogue in the negotiations.



JOHN SAWERS ( United Kingdom) welcomed the unanimous adoption of the resolution as it sent an important message of support for Personal Envoy Ross as he embarked on his new role. The fresh approach provided a real opportunity for the parties to take an equally fresh approach. The United Kingdom strongly urged all the parties to seize the opportunity and undertake talks in the sprit of openness. They should work towards a just, lasting and mutually acceptable solution that would provide for the self-determination of the people of Western Sahara. Regarding the resolution’s reference to the “human dimension” of the situation, the United Kingdom firmly believed that an expansion of humanitarian confidence-building measures would do much to restore trust between the parties.



JORGE URBINA ( Costa Rica) said that, while he had voted in favour of the resolution because it was important to lend unanimous Council support to the plan presented by the Personal Envoy, he was not satisfied with the text. As an active advocate of the peaceful settlements of disputes, Costa Rica was sorry that its delegation’s proposals and concerns were not reflected in the text, in particular a proposal to ask for a report on the efforts of the High Commissioner for Human Rights in Western Sahara, as requested in the Secretary-General’s last two reports. Unfortunately, the Council had not endorsed the Secretary-General’s conclusions.



PATRICK MUGOYA ( Uganda) said he had voted in favour of renewing the mandate but remained concerned by a number of issues raised in the Secretary-General’s report regarding the human rights situation in the Western Sahara. One of the key areas of concern for the United Nations was human rights, and Uganda was aware that MINURSO’s mandate contained no human rights mechanisms. Uganda, therefore, welcomed the Secretary-General’s reference to the “human dimension” of the situation in Western Sahara and looked forward to concrete action to address the issue on the ground.



PAUL ROBERT TIENDRÉBÉOGO ( Burkina Faso) said the Council should pursue clear objectives and spare no effort to promote a rapid resumption of the Manhasset process. Those objectives were reflected in the resolution, which was the best possible compromise at the present stage.



THOMAS MAYR-HARTING ( Austria) said he hoped a new approach to the Western Sahara question would lead to progress in the Territory and in the refugee camps. To that end, Austria supported the recommendation on consultations between the parties and the Office of the United Nations High Commissioner for Human Rights, as well as the promotion of confidence-building measures.



Council President CLAUDE HELLER (Mexico), speaking in his national capacity, said he was gratified by the adoption of the resolution, in particular the unanimity of the vote, which reflected support for MINURSO’s work and for the initiatives taken by the new Personal Envoy. Mexico also supported the Personal Envoy’s suggestion that small preparatory meetings be organized before a fifth meeting in Manhasset was convened, and trusted that the parties would attend in good faith and without preconditions. Because the Council could not neglect the topic of human rights in its consideration of the situation, Mexico welcomed preambular paragraph 7 of the resolution, which stressed the importance of progress in that regard.

SOURCE

UNITED NATIONS