At
UN,
Deadline on Western Sahara Amid Sovereignty & Human Rights
Disputes
By
Matthew
Russell Lee
UNITED
NATIONS,
April 27, updated -- Today is the deadline for the Western
Sahara
resolution in the UN Security Council.
South
Africa and
Nigeria continue to push to the inclusion, after a paragraph praising
the “establishment of a National Council on Human Rights in Morocco
and its proposed component in Western Sahara,” of a phrase “without
prejudice for the legal status of Western Sahara.”
South
Africa
explains that this phrase is necessary in order to make clear that
Morocco does not have sovereignty over Western Sahara, which was
promised a referendum with independence as an option by UN General
Assembly resolutions from 1965 onward.
But
the UN's
“Group of Friends on Western Sahara,” which does not include any
African Union member, circulated a draft which does not include that
proviso. Click here to view
that draft which emerged from the Group
of Friends, which Inner City Press exclusively obtained and
published
earlier this month.
On
April 26, a
meeting of Security Council members at the Deputy Permanent
Representative level was held on the second floor of the UN's North
Lawn building, without even a sign outside to disclose it was
happening. Moroccan representatives chatted with Security Council
members. By the end, the issue and the proposed moving of the human
rights paragraph within the resolution were not resolved.
The
Deputy
Permanent Representative of a non-Permanent member that aspires for
Permanent status told Inner City Press that “South Africa has a
point, they have to fight for the AU charter” and its provisions on
Western Sahara sovereignty.
On
the other hand,
the Permanent Representative of a non-Permanent member without such
aspiration argued that “we required Indonesia to apply its human
rights mechanism to East Timor before it became independent and that
didn't prejudge the outcome.” South Africa rejects this argument,
saying that the Group of Friends really have no argument. But they do
have the votes.
Ban, Obama, Rice, Le Roy: 2 have opposed rights in
WS, 2 still UNclear
Later
on April 26,
amid questions about Syria and Sri Lanka, Inner City Press asked the
Security Council president for April, Colombia's Nestor Osorio, for
the status of the Western Sahara resolution. He said that
negotiations continue, but it is slated to be adopted on April 27.
There's talk
of another meeting at the Permanent Representative level
before the final vote. Inner City Press is told that and much else
"would be up to Susan Rice," Permanent Representative of the US which
"hold the pen" -- does the drafting and chairs negotiation -- on
Western Sahara.
The
Security
Council, and UN Secretary General Ban Ki-moon who after lobbying by
Morocco and France dismissed human rights recommendations to
establish a right monitoring mechanism in the MINURSO peacekeeping
mission in Western Sahara, goes on a retreat for the rest of the
week. So Wednesday is the deadline.
South
Africa was
asked if on Wednesday it will “go until midnight” -- as it nearly
did last year -- or whether they and Nigeria are simple trying to
make a point for the record. We'll see.
Update of 10:10 am
-- Council President Osorio says he's going inside to see if there's an
agreement.
Araud of
France tells journalists France never had to oppose a human rights
mechanism because it wasn't in the report or Group of Friends drafts.
Inner City Press asks him, "Does France think there should be an
African Union country on the Group of Friends?" Araud says,
"That's another," then stops.
Also, while
Ban Ki-moon's final report had no final mechanism, there was an Office
of the High Commissioner for Human Rights proposal for the mechanism,
rejected by Ban.
Update of 10:34 am
-- Word is that despite support from Brazil, Nigeria and South Africa,
the phrase "without prejudice to the legal status of Western Sahara"
was shot down.
South Africa
has counter proposed a mere capital T for Territory of Western Sahara
-- connoting non self governing Territory -- or "regarding" no "in"
Western Sahara. Even that...
* * *
At
UN
2
or 3 Votes for W. Saharans, France Cites Zimbabwe, Deputies Meet
By
Matthew
Russell
Lee
UNITED
NATIONS,
April
25 -- The end game
on this year's Western Sahara
resolution in the UN Security Council has members' Deputy Permanent
Representatives set to meet on April 26 on objections to provisions
of the “Group of Friends” draft that imply that Morocco has
sovereignty over Western Sahara, by praising Morocco's human rights
machinery, and that prejudge the outcome of the process.
Click here for
the draft as first obtained and published by Inner City Press on
April 19.
This
according to
South Africa, which has championed the African Union position that
people in Western Sahara deserve the referendum with independence as
an option that was promised to them in UN General Assembly
resolutions since 1965.
Security
Council
sources tell Inner City Press that France has confronted South Africa
with the word if not precedent “Zimbabwe,” as an argument that
South Africa is not a stalwart of human rights in its foreign policy
either. But these attacks are ad hominem, or ad estado -- what of
the rights of the people of Western Sahara?
At
a reception
Monday night at the residence of Colombia's Ambassador Nestor Osorio,
this month's Security Council president, Morocco's Permanent
Representative spoke at length with his South African counterpart,
under the watchful eye of Brazil's Permanent Representative.
More
than a week
ago, the vote count was ten inalterably in favor of the Group of
Friends' draft, South Africa and Nigeria raising human rights and
sovereignty questions, with only China, Colombia and Brazil
undecided.
Colombia,
however,
explains it stayed hand off because as President it thought it
should. China did so to not unnecessarily cross the African Union. Only
Brazil may be in play. And how strong a hand can three votes,
none of them Permanent, at least yet, play in the Council? Watch this
site.
* * *
At
UN
on
Western
Sahara, After Group of Friends Wrangling by France and
Morocco, Draft
Resolution Emerges
By
Matthew
Russell
Lee
UNITED
NATIONS,
April
19,
updated -- On Western
Sahara, after UN Secretary General
Ban Ki-moon's report was delayed for nine days by a leak and Inner
City Press' publication of a draft on which Morocco and France were
lobbying Mr. Ban, now the draft resolution on the MINURSO mission has
emerged, similarly the subject of backroom horsetrading.
Inner
City
Press
on the night of April 18 obtained the draft resolution to be
discussed by the Security Council on April 19 in closed door
consultations, and is putting it online here as a
public service.
In
the
lead of the
circulation of this draft, France was objecting to including human
rights in the resolution. A meeting at the Ambassadorial level of the
“Group of Friends” was called for five pm on April 18.
UK
Ambassador
Mark
Lyall Grant, who had not been in the Security Council for its
discussions earlier in the afternoon on Libya, Somalia, Yemen and Sri
Lanka, rushed into the Council at 5. When he emerged an hour and a
half later, Inner City Press asked him about the process.
A
text
will be
circulated tonight, he said.
Moments
later,
after
US Ambassador Susan Rice had a long and seemingly amiable talk
in the hall outside the Council with her Russian counterpart Vitaly
Churkin, Inner City Press asked if human right were in the draft. She
was jovial but did not answer the question.
French
Ambassador
Gerard
Araud emerged with his Moroccan counterpart, both silent, at
least to Inner City Press.
Update
of
10:20
am
-- Inner City Press asked South Africa's Permanent
Representative what his country thinks of the draft resolution. It's
not good enough, he said.
Inner
City
Press
put the same question to Morocco's Permanent Representative, who
shrugged but didn't comment.
Update
of
11:26 am
-- various Security Council observers highlight that this Group of
Friends draft leaves alternatives, which we will be analyzing in next
dispatches.
Inner
City
Press
obtained this draft (the attached PDF
has the full formating, click here) --
Draft
Resolution
The
Security
Council,
PP1
Recalling
and
reaffirming
all its previous resolutions on Western
Sahara,
PP2
Reaffirming
its
strong
support for the efforts of the
Secretary-General and his Personal Envoy to implement resolutions
1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), and 1920 (2010),
PP3
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,
PP4
Reiterating
its
call
upon the parties and States of the region to
cooperate more fully with the United Nations and with each other and
to strengthen their involvement to end the current impasse and to
achieve progress towards a political solution,
PP4bis
Welcoming
the
efforts
of the Secretary-General to keep all
peacekeeping operations, including MINURSO, under close review and
reiterating the need for the Council to pursue a rigorous, strategic
approach to peacekeeping deployments,
PP4ter
Expressing
serious
concern
about the increase in violations of
existing agreements and calling on the parties to respect their
relevant obligations,
PP5
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,
PP6
Inviting
in
this
context the parties to demonstrate further political
will towards a solution including by expanding upon their discussion
of each other’s proposals,
PP7
Taking
note
of
the four rounds of negotiations held under the
auspices of the Secretary-General, and the two continued rounds of
informal talks in Manhasset (United States), and Mellieha (Malta),
and welcoming the progress made by the parties to enter into direct
negotiations,
PP7bis
Welcoming
the
parties’
agreement to explore innovative negotiating
approaches and discrete subjects,
PP8alt
Stressing
the
importance
of improving the human rights situation in
Western Sahara and the Tindouf camps, and encouraging the parties to
work with the international community to develop and implement
independent and credible measures to ensure full respect for human
rights, bearing in mind their relevant obligations under
international law,
PP8alt
bis
Welcoming
the
establishment of a National Council on Human Rights
in Morocco and its proposed component in Western Sahara, and the
commitment of Morocco to ensure unqualified and unimpeded access to
all Special Procedures of the Human Rights Council,
PP8
alt
ter
Also
welcoming the implementation of the enhanced refugee
protection program developed by the Office of the UN High
Commissioner for Refugees in coordination with the Polisario Front,
which will include human rights training and awareness initiatives,
PP
8
alt
quater
Requesting UNHCR to maintain its consideration of a
refugee registration in the Tindouf refugee camps,
PP9
Welcoming
the
agreement
of the parties expressed in
the Communiqué of the Personal Envoy of the Secretary-General
for
Western Sahara of 18 March 2008 and looking forward to the
inauguration of family visits by land and the continuation of the
existing programme by air, and encouraging the parties to cooperate
with the United Nations High Commissioner for Refugees in
implementing their agreement,
PP10
Welcoming
the
commitment
of the parties to continue the process of
negotiations through the United Nations-sponsored talks,
PP11
Recognizing
that
the
consolidation of the status quo is not
acceptable in the long term, and noting further that progress in the
negotiations is essential in order to improve the quality of life of
the people of Western Sahara in all its aspects,
PP12
Affirming
support
for
the Secretary-General’s Personal Envoy for
Western Sahara Ambassador Christopher Ross, and his work in
facilitating negotiations between the parties also welcoming his
ongoing consultations with the parties and neighboring states,
PP13
Affirming
support
for the Special Representative of the
Secretary-General for Western Sahara and Head of MINURSO Hany
Abdel-aziz,
Having
considered
the
report
of the Secretary-General of April 2011
(S/2011/249),
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 and calls on the
parties to adhere fully to those agreements;
1bis.
Calls
on
all
parties to cooperate fully with the operations of
MINURSO and to ensure the security of as well as unhindered and
immediate access for the United Nations and associated personnel in
carrying out their mandate, in conformity with existing agreements;
2.
Welcomes
the
parties’
commitment to continue the process of holding
small, informal talks in preparation for a fifth round of
negotiations, and recalls its endorsement of the recommendation in
the report of 14 April 2008 (S/2008/251) 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), 1813 (2008),
1871 (2009), and 1920 (2010) and the success of negotiations, inter
alia, by devoting attention to the ideas in paragraph 120 of the
Secretary General’s report (S/2011/249);
3bis.
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 and welcomes the
intensified pace of meetings and contacts;
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, and at least twice a year, on the status and
progress of these negotiations under his auspices and express 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;
7bis.
Welcomes
the
commitment
of the parties and the neighbouring states to
hold periodic meetings with the Office of the High Commissioner for
Refugees to review and, where possible, expand confidence-building
measures;
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 upon between
parties;
8bis
Requests
the
Secretary
General in his next report to examine the
existing challenges to MINURSO’s operations, reflecting on the
situation on the ground;
9.
Decides
to
extend
the mandate of MINURSO until 30 April 2012;
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.
We
will
have further
analysis of it tomorrow. Watch this site.
, 
