Fortnight Publications Ltd.

Who's in Charge in Western Sahara?

Author(s): José Copete
Source: Fortnight, No. 404 (May, 2002), pp. 12-13
Published by: Fortnight Publications Ltd.
Stable URL: https://www.jstor.org/stable/25560551
Accessed: 19-03-2019 06:21 UTC

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I COVER STORY U

Who's in charge in
Weser Saaa
Kofi Annan (United Nations General Secretary) western Mali, southeastern Algeria, Ceuta and
and Hans Coreli (Under-Secretary-General for Melilla)
legal to be part of its national territory, the
Greater Morocco. On 14 November 1975, Spain
affairs) have given a new turn to the Western Sahara
conflict, the last remaining colonial dispute in Af
(without the participation or consultation of the
rica. They have issued two contradictory and contro
local population or institutions) signed a treatywith
versial documents. In the first (s/2002/161) dated
the Mauritanian and Moroccan governments (Ma
12-02-2002, Mr. Corell clarifies the legality ofdrid
explo
agreements), whereby Spanish responsibilities
Jose Copete looks ration and exploitation of Western Saharan natural
over the Territory will terminate by February 28,
at what is happening
wealth by Morocco. In it, he also clearly states1976,
thatthe temporary administration of the Territory
Morocco is not listed in the UN neither as
in Western Sahara the to the Moroccan and Mauritanian govern
passed
sovereign power nor the administering power of ments
the in collaboration with the Djemaa (the colo
Territory of the Western Sahara. In the second nial(s/
Spanish direct rule institution in the Western
2002/178) dated 19-02-2002, Kofi Annan issues four Fourteen days after the Djemaa self-dis
Sahara).
proposals for the solution of the conflict that do not to avoid being manipulated. A military occu
solved
take into account Mr. Corell's significant revela pation followed the 'Green March', the 350,000
tions. strong civil march celebrating reunification of the
Contrasting Kofi Annan's document at the lights Moroccan nation. Mauritania and Morocco parti
of Mr Corell's revelations may disclose some contra tioned the territory (sanctioned by the Moroccan
dictions in UN behaviour. Mainly its persistence in Mauritanian convention April 14, 1976); the north,
treating Morocco, even explicitly in its official docu containing all the natural wealth was annexed by
ments, as the administering power. Furthermore, Morocco and a third of the territory in the south by
some legal questions surface still unanswered by the Mauritania. The indigenous population fled across
international community, particularly the Spanish the border to neighbouring Algeria where they
government. Is Moroccan presence in the Territory have been living in refugee camps over the last 26
a matter of illegal military occupation? Are the years. To avoid the institutional vacuum, members
juridical aspects of the conflict subjected to issues of of the political institutions and political parties
political hegemony? Is the Western Sahara still a gathered on February 27 in the village of Bir Lahlou
province of Spain and therefore a territory of the and proclaimed the Sahrawi Arab Democratic Re
European Union? Is the nationality of the Sahrawi public. The new institution was to be immediately
Spanish? And most importantly, are the contradic recognised by 74 states.
tions within the UN behaviour holding back the The anti-colonial organisation, Polisario Front
resolution of the conflict and keeping the refugee carried out sixteen years war against the occupiers
community in displacement? and was elected legitimate representative of the
A Spanish protectorate since 1984, the Western Sahrawi people by the UN. Mauritania, the weakest
Sahara had been provincialised in 1967 becoming link, withdrew after Saharan guerrillas attacked the
thereafter an integral territory of the Spanish state. capital. The Mauritano-Sahrawi agreement was
Ever since independence Morocco claimed West
Sahrawi guerillas in the signed on August 19, 1979 (s/13503, annex I).
liberated territories ern Sahara (alongside the entire Mauritania, north Morocco, to halt the guerrillas continuous attacks,
built a sand wall, surrounded by channels and
minefields, that cuts the Western Sahara from north
to bottom. This wall constitutes a defacto division of
the territory between liberated territories (under
Polisario control) and occupied territories (under
Moroccan Royal Army control). In 1991, the UN set
up MINURSO, a peace mission with the purpose of
compiling the voters list and holding the self-deter
mination referendum. Due to Morocco's dispro
portionate number of applications, the
identification commission has taken 10 years in
finishing the voters list, interviewing 198,500 appli
cants and selecting 86,000 as valid voters. As a final
U) ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~A
obstructionist technique, Morocco, fearing the re
sult of the referendum, has submitted an equally
0L disproportionate number of (according to Frank
0
tol0 Ruddy, head of the identification commission) un
substantiated appeals (131,038) in order to turn the

12 F o r t n i g h t May 2002

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 COVER STORY 1

revision of the appeals into another lengthy process

and consolidate its presence in the Territory.
Mr. Corell, nevertheless has thwarted Morocco's
aim forever. He attempts a clarification, according
to international law Cand UN resolutiQns, of the
legality of mineral expllkration and exploitation in
,the SWestern Sahara. Ahmed Boukhari, R1lVi&ario
Front,rqw.resentative for the UN, requestedl lit tir
the Moroccan government sanctioned two contratas
. .......... ~ ~ ~ ~ ~ ~ ~ ~
for oil-reconnaissance offshore between the Moroc
.......... ..... . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
can Office National de Recherches et d'Exploitations
Petrolifres? (ONAREP)) and the United States oill
,company Kerr McGee du Maroc Ltd2. and the ckther
hbetween ONAREP and itle Fieiiach oil company
TotalFinaElf E&P M.;iroc.. l i0tN~~~~~~~~~~~~~~~~~~~~~~
According to Mr. Corell, thisdmification requires
an analysis of the status of the Territory of the
Western Sahara and the status of Morocco in rela
tion to the Territory. This, nevertheless, constitutes
the most importawt asect of his aaa\"is and the
most relevant as regards thew1lution of the conflict,
His first statement is that the Western Sahara was recognising and Sahrawi refug
acknowledgin
in Algeria
going to solve the problemn
included in 1963 in the UN list of Non-Self-Govern
ingTerritories under Chapter XI of the Charter (A/ tonomy within a more decen
5514, annex III). In the next paragraph, the UN would utterly benefit Morocc
Under-Secretary-General for Legal Affairs unam ing it from inexistent as reg
biguously states "the Madrid agreement did not the Western Sahara into sove
transfer sovereignty over the Territory, nor did it contradiction with Mr. Corell
confer upon any of the signatories the status of an possible division of the ter
administering power, a status which Spain alone would follow the precedent, b
could not have unilaterally transferred. The transfer same territorial arrangements,
of administrative authority over the Territory to to in 1976 between Morocco.
Morocco and Mauritania in 1975 did not affect the Annan timidly challenges Mo
international status of Western Sahara as a Non-Self Annan has begun to manifest
Governing Territory". not be solved without requ
Finally, Mr.Corell recollects the facts that Spain other or both of the parties
and Mauritania" withdrew from the Territory and not wish to voluntarily agree
thereafter Morocco has administered the Territory Mr. Corell provides an answer
of Western Sahara alone4. Most importantly, he reflection. He uses a brave,
contends, "Morocco, however, is not listed as the Western Sahara is a Non-Self
administering Power of the Territory in the United the Madrid agreement did no
Nations list of Non-Self-Governing Territories." over the territory and Moroc
Mr.Corell's revelations strike at the core of one of administering Power of the T
the most intriguing aspects of the Western Sahara Nations list of Non-Self-Gove
conflict: the subjection of internationally acknowl grettably, he does not go an
edged juridical aspects to issues of political he clearjuridical fact that the de
gemony. As regards exploration of mining resources, territory lays ultimately in th
Mr. Corell contends that exploration in itself does consequences of this for the cu
not constitute a violation, but exploitation may, if it Sahrawi's, and Spain's decolon
goes against the interest of the population. Unfortu mentions all the faults (self-dis
nately, he fails to notice that most of the indigenous withdrawal of Mauritania) in
population live in refugee camps across the border. Madrid agreement that may r
Kofi Annan, in a realpolitik fashion suggests four possible legal consequences.
pragmatic options for consideration by the Security unanswered by the UNquestion
C,ouncil. He conveys a pessimistic view of the peace can presence in the Western
process in Western Sahara and a timid challenge to that it is neither1 2-mcgee.com/index.html
the sovereign
Morocco's impunity. Firstly, implementing the origi 3 Mauritanias withdrawal
istering power, illegal, and a
nal settlement plan without requiring the concur tion? Why are these
would further affectjuridical
the valid
rence of' both parties. This effort would begin with consideration in ity of Kofi Annan
the Madrid agreement.
the appeals process and its multiple and big obsta 4 Mr. Corell fails to ac
both parties (Polisario Front
cles and will end up with the holding of the ref'eren equivalent considering
knowledge that the Territory Moroc
dum. The only danger is that another lengthy process in the territory? These
is still partitioned, as the city are b
woukld be a str-atagem to exhaust the ref'ugee commu of Laguira not
questions, certainly is still under for th
nity. The ref'erendum, nevertheless, will eventually the indigenous Mauritanian
people administration,
of the
guarantee the independence. Secondly, the Secu vived for 26 years
with Polisarioin the Ham
Fronts conform
rity Council could decide to ter-minate MINURSO, the most inhospitable
ity. places o

May 2002 F o r t n i g h t 1 3

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