On
Western
Sahara, US Position on Human Rights & Trip Unclear, South Africa
Questions AU-Less Group of Friends
By
Matthew
Russell Lee
UNITED
NATIONS,
April 19 -- How can the Western Sahara “Group of Friends”
set up by the UN Security Council not include any African country?
Inner City Press put this question to South African Permanent
Representative Baso Sangqu on Tuesday after Council consultations on
the draft
resolution Inner City Press obtained and published before
the meeting (click here).
Ambassador
Sangqu
said, that's a good question. Inner City Press asked if it is his
understanding that members of the Group of Friends, once the Group
issues its draft resolution, are not supposed to negotiate to make it
any stronger. That question, Sangqu did not answer.
Inner
City Press
has learned that in the Group of Friends meeting on April 18, France
wanted to limit human rights to Morocco allowing in UN Special
Rapporteurs. South Africa and others want to see an ongoing human
rights monitoring mechanism in the UN peacekeeping mission MINURSO.
The
interim
compromise, pushed by the UK, is to invite High Commissioner on Human
Rights Navi Pillay to visit Western Sahara and make a recommendation.
That alternative is in the draft. The draft is new in that way: the
Group of Friends did not reach a total agreement.
While
the US has
not commented publicly despite requests, Inner City Press is told
that the US is not a meaningful supporter of a human rights
monitoring mechanism in MINURSO. The US “holds the pen” on the
issue, however, and Ambassador Susan Rice attended and presided over
the April 18 meeting.
Afterward
Rice
declined comment on the place of human rights in the draft and
MINURSO mission.
Ban, Obama, Rice, Le Roy: 2 have opposed rights in
WS, 2 still UNclear
But
as South
African Ambassador Sangqu, described by the New York Times as having
been “frog marched” (as a South African newspaper put it) to the
Council to vote in favor of Libya no fly zone resolution 1973, put
it, how can a country call for human rights in Libya and not Western
Sahara? How indeed.
There
are, sources
tell Inner City Press, discussions of sending a mini-visit of UN
Security Council Ambassadors on a trip to Western Sahara. The last
such trip was in 1995. The US has blocked the proposed Council trip
to the Middle East. What is the US position on this proposal? 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.
, 
