PROGRESS MADE UNDER UN AUSPICES TOWARDS THE REALISATION OF THE RIGHT TO SELF DETERMINATION BY THE PEOPLE OF WESTERN SAHARA Presentation to the Portfolio Committee on International Relations and Cooperation 24 August 2016

INTRODUCTION The conflict in Western Sahara has been on the decolonisation agenda for more than fifty years. In 1963, Western Sahara was included on the list of non-self-governing territories under Article 73 of the UN Charter to which the UN General Assembly resolution 1514 (XV) of 1960 on the Granting of Independence to Colonial Countries and People’s applies. South Africa affirms the right of the peoples of the Sahrawi Arab Democratic Republic to self-determination and continues to call on the African Union and the United Nations to work towards the resolution of the dispute. The United Nations Mission for the Referendum in Western Sahara (MINURSO) was established by Security Council resolution 690 of 29 April 1991 in accordance with settlement proposals accepted by Morocco and the POLISARIO.

RECENT DEVELOPMENTS AT THE UNITED NATIONS MINURSO’S primary mandate is to conduct a referendum in order for the people of Western Sahara to exercise their right to self-determination. While the organization of the referendum has not been possible to date, other requirements of the mandate have been pursued successfully. These include: monitoring the ceasefire; reducing the threat of mines and unexploded ordinances and supporting the confidence-building measures. In March 2016 Morocco expelled 73 civilian staff members from MINURSO in angry retaliation over Secretary General Ban Ki-moon's use of the term "occupation" to describe the status of the territory it claims as its own. The staff members perform a wide range of duties, including crucial logistical tasks, and the UN DPKO is of the opinion that in their absence MINURSO cannot carry out its mission as mandated by the UN Security Council.

RECENT DEVELOPMENTS AT THE UNITED NATIONS The UN Secretary-General has reported that the expulsion of most of MINURSO’s international civilian component has essentially resulted in the “de facto alteration of the mandate of MINURSO”. It warned that the inability of the mission to execute its mandated tasks would entail, in the short to middle-term, significant implications for the stability of the region as well as for the credibility of the Council and peacekeeping operations and political missions globally. On 29 April 2016 the UN Security Council (UNSC) voted to extend the mandate of MINURSO for a year and emphasised "the urgent need" for the mission to return to its "full functionality", thus to bring the peacekeeping force back to full operations.

RECENT DEVELOPMENTS AT THE UNITED NATIONS The US-led resolution was supported by 10 countries in the UNSC, with Venezuela and Uruguay voting against the resolution, while Russia, Angola and New Zealand abstained. The countries that did not support the resolution were concerned that the Council did not take stronger measures against Morocco in response to its restrictions placed on MINURSO. These countries expressed concerns over perceived double standards by the Council. Some argued that without the backing of friends on the Council, measures would be imposed on Morocco, as they are on other African countries. On 15 July 2016, the Head of the UN Department of Peacekeeping Operations (DPKO) informed the UN Security Council that a gradual return of MINURSO civilian staff had begun, and so far 25 staff members have returned to the mission. He also reported that there had been positive momentum in talks with Morocco, and that it had been agreed in principle that the mission would gradually resume full functionality.

DEVELOPMENTS AT THE AFRICAN UNION In reaction to the recent developments pertaining to MINURSO, the AU Peace and Security Council noted with deep concern the lack of progress in the resolution of this dispute, and reiterated its commitment to continue to work towards the early resolution of the conflict in Western Sahara on the basis of international legality. In addition, it called on the UN Security Council to fully assume its responsibility in the matter. The Chair of the AU Commission appointed former president, Joaquim Chissano as her Special Envoy on Western Sahara. Mr Chissano briefed an informal meeting of the UNSC during which he criticized Morocco's decision to expel the civilian members of the mission, naming this step a “very dangerous precedent". He warned of the risk of military escalation in the region, lamented the lack of progress in the organization of a referendum of self-determination and requested that a date for a referendum be set. Mr Chissano requested the UNSC to include the protection of human rights in the mandate of MINURSO and to denounce the "illegal exploitation of natural resources of by Morocco”.

DEVELOPMENTS AT THE AFRICAN UNION Morocco is vehemently opposed to any role or involvement of the African Union in the question of the Western Sahara and recently wrote a letter to this effect to the UN Secretary-General. In an letter by the Moroccan King to the Chairperson of the AU during the AU’s recent Summit held from 17-19 July 2016 in Kigali, the King indicated Morocco’s intention to rejoin the AU. The King also urged the AU to reconsider its stance on the SADR. In response, the Chairperson of the AU Commission indicated that her Office had not received any formal communication in this regard and stressed the fact that any country wishing to become a member of the AU needs to inform the Chairperson the AU Commission who then transmits the request to member states for consideration.

POLITICAL PROCESS Political negotiations to search for a negotiated settlement under UN auspices is conducted by the Personal Envoy of the Secretary-General for Western Sahara, Ambassador Christopher Ross. Negotiations however remain deadlocked and the political process has stalled due to the fact that the parties’ proposals for the basis of a political solution are mutually exclusive. The UN Security Council recently reiterated its call for the resumption of talks between the Polisario Front and Morocco culminating in the holding of a referendum on Western Sahara people's self-determination. A renewed effort is seemingly now being made by Ambassador Ross who intends to visit the region to resuscitate the negotiations.  

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