On
W. Sahara
France Says
Not
Privy to US -
Morocco Talks,
Ban's Resource
Disregard
UNITED
NATIONS, April
22, updated
with letter --
With Western
Sahara the
UN Security
Council's
topic on
Monday
morning,
French
Permanent
Representative
Gerard Araud
stopped to
tell the media
that the
pending
resolution is
entirely
“bilateral”
between
Morocco and
the United
States. He
said he not
“privy” to the
negotiations.
Moments
later,
the Frente
POLISARIO's
representative
scoffed to
Inner City
Press that
France is, of
course,
involved
“behind the
scenes.”
POLISARIO
has
turned in a
letter to
April's
Security
Council
president,
stating
among other
things that
“we strongly
believe that a
human rights
monitoring
capacity
within MINURSO
is the most
appropriate
mechanism.”
See below.
The
POLISARIO
letter also
touches on the
exploitation
of natural
resources,
a topic Inner
City Press has been
asking the UN
about,
specifically
about the
seeming
disregard or modification
of the 2002
legal opinion
of then Under
Secretary
General for
Legal Affairs
Hans
Corell by the UN Global
Compact
and other UN
entities.
The
letter says
the Frente
POLISARIO
“remains
concerned” by
Secretary
General Ban
Ki-moon's
report's
“disregard”
for the
ongoing
illegal
exploitation
of resources.”
We'll have
more on this.
Watch
this site.
Update:
here is the
POLISARIO letter:
AB/2sc/04/2013
H.E.
Eugčne-Richard
Gasana
President of
the United
Nations
Security
Council
New York
New York, 19
April 2013
Mr. President,
On behalf of
the Frente
POLISARIO, I
have the
honour to
share with the
Members of the
Security
Council the
views of the
Frente
POLISARIO on
the most
recent Report
of the
Secretary-General
on the
situation
concerning
Western Sahara
(UN Doc.
S/2013/220).
In its
Resolution
2044 (2012),
the Security
Council
recognized
that “the
consolidation
of the status
quo is not
acceptable”
and further
noted that
“progress in
the
negotiations
is essential
in order to
improve the
quality of
life of the
people in
Western Sahara
in all its
aspects.” As
the
Secretary-General
confirms in
his report,
the
negotiation
process is at
a
crossroads.
The ongoing
delays have a
direct and
negative
impact on the
people of
Western
Sahara, who
have waited
patiently in
extraordinarily
difficult
circumstances
for the
fulfillment of
their right to
self-determination.
This cannot
continue.
It is
essential that
the Security
Council now
take decisive
steps to
reinvigorate
and accelerate
the
negotiation
process so
that this
longstanding
conflict can
be resolved.
While
acknowledging
the efforts of
the
Secretary-General’s
Personal Envoy
to engage in a
period of
shuttle
diplomacy with
a view to
enriching the
negotiating
process, this
approach
cannot, in the
medium term,
serve as a
substitute for
direct talks
between the
parties.
The Frente
POLISARIO
stands ready
to engage
immediately in
direct talks,
and urges the
Council to
mandate an
intensified,
time-bound
process under
the auspices
of Ambassador
Ross. In
this context,
the Frente
POLISARIO is
prepared to
support all
innovative and
creative
approaches
towards
finding “a
just, lasting
and mutually
acceptable
political
solution,
which will
provide for
the
self-determination
of the people
of Western
Sahara,” as
endorsed by
all previous
Security
Council
resolutions.
We take this
opportunity to
remind the
Council that
Western Sahara
is a
Non-Self-Governing
Territory
under Chapter
XI of the UN
Charter,
awaiting a
process of
decolonization
in accordance
with General
Assembly
resolution
1541.
For several
years, the
Frente
POLISARIO has
drawn to the
attention of
the Council
the widespread
and systematic
human rights
abuses
perpetrated by
the Kingdom of
Morocco
against
Saharawi
civilians in
that part of
the Territory
of Western
Sahara
occupied by
Morocco.
In February
2013, the
Kingdom’s
disregard for
human rights
was put on
public display
at the Gdeim
Izyk trials,
when 25
Saharawi
civilians were
tried in a
military
court, with
nine receiving
life-sentences
without
recourse to
appeal.
These trials
drew
condemnation
from
international
human rights
organizations,
while the
Office of the
High
Commissioner
for Human
Rights (OHCHR)
stated “that
the use of
military or
special courts
to try
civilians
raises serious
problems as
far as the
equitable,
impartial and
independent
administration
of justice is
concerned.”
As the
Secretary-General
noted in his
report, the
Special
Rapporteur for
Torture, Mr.
Juan Mendez,
visited El
Aaiun in
September 2012
for two
days. In
his subsequent
report to the
Human Rights
Council in
March 2013,
Mr. Mendez
noted that
there was “a
pattern of
excessive
force during
demonstrations”
while
stressing the
existence of
“torture and
ill-treatment
by police
officers
against
alleged or
known
supporters of
the
independence
of Western
Sahara both
inside and
outside
detention
centers.”
This
conclusion is
consistent
with that of
OHCHR itself,
which as far
back as 2006,
noted in a
report that
almost all
human rights
violations in
Western Sahara
stem from the
non-implementation
of the
Saharawi
people’s
fundamental
right to
self-determination.
We enclose a
copy of that
report’s
recommendations
to remind the
Council’s
members of
this
fundamental
truth. The
free exercise
of the rights
of freedom of
speech,
freedom of
movement and
freedom of
assembly are
necessary
preconditions
to a just and
lasting
solution that
allows for the
self-determination
that reflects
fully the
political will
of the people
of Western
Sahara.
The Frente
POLISARIO has
argued
consistently
that reliance
on the Special
Procedures of
the Human
Rights Council
cannot be
considered a
substitute for
the
introduction
of a robust
and credible
mechanism for
human rights
monitoring
inside the
Territory and
the refugee
camps.
We therefore
welcome the
Secretary-General’s
affirmation in
his report, of
“the need for
independent,
impartial,
comprehensive
and sustained
monitoring of
the human
rights
situations in
both Western
Sahara and the
camps.”
It remains the
view of the
Frente
POLISARIO that
a human rights
monitoring
mechanism for
Western Sahara
must be
permanent,
independent
and
impartial.
With this in
mind, and as
was
recommended by
the UN High
Commissioner
for Human
Rights in its
contribution
to the
Secretary-General’s
report in
2011, we
strongly
believe that a
human rights
monitoring
capacity
within MINURSO
is the most
appropriate
mechanism to
achieve these
aims. We
reconfirm here
that the
POLISARIO
would provide
free and
unfettered
access for
such a
capacity in
the Tindouf
refugee camps.
The Frente
POLISARIO also
remains
concerned by
the relative
disregard in
the
Secretary-General’s
report to the
ongoing
illegal
exploitation
of Western
Sahara’s
natural
resources.
As confirmed
by the
International
Court of
Justice, there
are no
sovereign ties
between
Morocco and
Western
Sahara, and
the Saharawi
people do not
consent to any
activities
conducted by
Morocco and
cooperating
foreign
entities with
respect to the
natural
resources of
Western
Sahara, the
spoils of
which go
towards
sustaining an
illegal
occupation.
These
activities
constitute a
direct
violation of
international
law and a
apparent
disregard to
the UN Legal
department
opinion of
January 2002.
Finally, the
Frente
POLISARIO
wishes to
reaffirm its
commitment to
peace and
stability
across the
Maghreb
region, and to
combating the
scourge of
terrorism. A
peaceful
solution to
the conflict
in Western
Sahara would
make an
important
contribution
to ensuring
greater
cooperation,
stability and
prosperity in
the region.
In conclusion,
I wish to
confirm the
availability
of the Frente
POLISARIO to
address the
Security
Council during
its upcoming
consultations.
I would be
most grateful,
Mr. President,
if you would
bring this
letter to the
urgent
attention of
the Members of
the Council.
Please accept,
Mr. President,
your
Excellency,
the assurances
of my highest
consideration.
Ahmed Boukhari
Representative
of the Frente
POLISARIO
* * *
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