On
W.
Sahara,
Friends' Draft
Calls for Free
Interaction,
Not
Movement Like
Syria
By
Matthew
Russell Lee,
Exclusive
UNITED
NATIONS,
April 18 --
The so-called
Group of
Friends of
Western Sahara
on Wednesday
circulated a
draft
resolution
which, as its
Operative
Paragraph 3
"Calls
upon
all parties to
cooperate
fully with the
operations of
MINURSO,
including its
free
interaction
with all
interlocutors,
and to take
the necessary
steps to
ensure the
security of as
well as
unhindered
movement and
immediate
access for the
United Nations
and associated
personnel in
carrying out
their mandate,
in conformity
with existing
agreements."
Is
this mere
lip-service,
though?
Paragraph 46
of the
twice-modified
MINSURSO
report states
that
"the
Moroccan
police
presence
outside the
compound
discourages
visitors
from
approaching
MINURSO in an
independent
capacity.
There have
also
been
indications
that the
confidentiality
of the
communications
between
MINURSO
headquarters
and New York
has, at least
on occasion,
been
compromised."
So
what does the
Group of
Friends'
proposal mean?
And is there
any chance for
the
other members
of the
Security
Council to
make it
clearer and
more
consistent
with what is
being said or,
or called for,
other UN
missions? US
Ambassador
Susan Rice
said on
Wednesday:
"we
can't
accept a set
of
circumstances
in Syria that
we wouldn't
accept
anywhere else
or that
violates
65 plus years
of UN best
practice and
principle."
Is
this
one of the
reasons for
Operative
Paragraph 3?
Would OP3 be
enforced? Why
not use the
same "freedom
of movement"
formulation as
used with
regard to
Syria? Is
there a
difference
between free
and
unhindered?
Here
is the full
draft
resolution:
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),
1920 (2010),
and
1979 (2011),
[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,
[pp5]
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,
[pp6]
Expressing
concern about
the violations
of existing
agreements,
and
calling on the
parties to
respect their
relevant
obligations,
[pp7]
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,
[pp8]
Encouraging
in this
context, the
parties to
demonstrate
further
political will
towards a
solution
including by
expanding upon
their
discussion of
each other’s
proposals,
[pp9]
Taking
note of the
four rounds of
negotiations
held under the
auspices of
the
Secretary-General
and the
continued
rounds of
informal
talks, and
welcoming the
progress made
by the parties
to
enter into
direct
negotiations,
[pp10]
Welcoming
the progress
made by the
parties in
discussing
innovative
negotiating
approaches and
discrete
subjects,
their
commitment to
deepen the
discussions on
these and
other issues,
and the 9
November
2011 meeting
of the parties
on natural
resources and
progress made
towards
demining;
[pp11]
Welcoming
the positive
conclusion of
the 12-16
September 2011
UNHCR-sponsored
seminar on
Hassaniya
culture and
the agreement
by the
parties to
hold two
additional
seminars in
2012, as well
as the
holding of a
UNHCR-
facilitated
high-level
meeting on
Confidence
Building
Measures for
Western Sahara
on 24-25
January 2012,
[pp12]
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,
[pp13]
Welcoming
the opening of
National
Council on
Human Rights
Commissions
operating in
Dakhla and
Laayoune, and
the steps
taken by
Morocco in
order to
fulfill its
commitment to
ensure
unqualified
and unimpeded
access to all
Special
Procedures of
the United
Nations Human
Rights
Council,
[pp14]
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
includes
refugee and
human rights
training and
awareness
initiatives,
[pp15]
Reiterating
the request
that UNHCR
maintain its
consideration
of a
refugee
registration
in the Tindouf
refugee camps,
[pp16]Looking
forward
to the
implementation
of the updated
plan of action
on
confidence
building
measures
adopted in
Geneva 24-25
January 2012,
including the
inauguration
of family
visits by
land, use of
new
information
technology to
facilitate
communication
links between
families, and
the
continuation
and expansion
of the
existing
programme by
air, and
encouraging
the parties to
cooperate with
the
Office of the
United Nations
High
Commissioner
for Refugees
in
implementing
their
agreement,
[pp17]
Welcoming
the commitment
of the parties
to continue
the process of
negotiations
through the
United
Nations-sponsored
talks,
[pp18]
Recognizing
that the
consolidation
of the status
quo is not
acceptable,
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,
[pp19]
Affirming
support for
the
Secretary-General’s
Personal Envoy
for
Western Sahara
Ambassador
Christopher
Ross and his
work in
facilitating
negotiations
between the
parties,
welcoming his
ongoing
consultations
with the
parties and
neighboring
states, and
looking
forward to his
regional visit
in the near
future,
including to
Western
Sahara, as per
the
communiqué
of the
Informal
Meeting on
Western Sahara
11-13 March
2012,
[pp20]
Affirming
support for
the Special
Representative
of the
Secretary-
General for
Western Sahara
and Head of
MINURSO Hany
Abdel-aziz,
[pp21]
Having
considered the
report of the
Secretary-General
of 11 April
2012
(S/2012/197),
1.
Decides
to extend the
mandate of
MINURSO until
30 April 2013;
2.
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;
3.
Calls
upon all
parties to
cooperate
fully with the
operations of
MINURSO,
including its
free
interaction
with all
interlocutors,
and
to take the
necessary
steps to
ensure the
security of as
well as
unhindered
movement and
immediate
access for the
United Nations
and
associated
personnel in
carrying out
their mandate,
in conformity
with existing
agreements,
4.
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;
5.
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),
1920 (2010),
and 1979
(2011) and the
success of
negotiations,
inter alia, by
continuing
their
discussion of
the ideas
in paragraph
120 of the
Secretary
General’s
report
(S/2011/249);
6.
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
calls for an
intensified
pace of
meetings and
strengthening
of contacts;
7.
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;
8.
Invites
Member States
to lend
appropriate
assistance to
these talks;
9.
Requests
the
Secretary-General
to brief the
Security
Council on a
regular basis,
and at least
twice a year,
on the status
and progress
of these
negotiations
under his
auspices, on
the
implementation
of
this
resolution,
challenges to
MINURSO’s
operations and
steps taken
to address
them, and
expresses its
intention to
meet to
receive and
discuss his
briefings and
in this
regard,
further
requests the
Secretary-General
to provide a
report on the
situation in
Western
Sahara well
before the end
of the mandate
period;
10.
Welcomes
the commitment
of the parties
and the
neighbouring
states to
hold periodic
meetings with
the Office of
the United
Nations High
Commissioner
for Refugees
to review and,
where
possible,
expand
confidence-building
measures;
11.
Urges
Member States
to provide
voluntary
contributions
to fund
confidence-building
measures that
allow for
visits between
separated
family
members, as
well as for
other
confidence-building
measures
agreed upon
between
parties;
12.
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;
13.
Decides
to remain
seized of the
matter.
, 
