The Assembly notes, in particular, that Western Sahara remains
a disputed territory, regarded as a “non-self-governing territory”
by the United Nations and under
Moroccan
administration, and that some of the Sahrawi population in the territory
and some refugees in the Tindouf camps in Algeria, who are linked
to the Polisario Front, are opposed to this situation. In this context,
the Assembly:
4.1 endorses United
Nations Security Council Resolution 2152 (2014) and calls on the
parties to continue negotiations under the auspices of the United
Nations 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;
4.2 takes note of the Moroccan proposal, and the serious and
credible efforts underlying it, aimed at granting the Sahrawi population
a large measure of self-government, with its own legislative, executive and
judicial bodies, as well as financial resources for development;
4.3 encourages the parties to enhance the involvement of Sahrawis
in political negotiations, in line with the “principle that the
interests of the inhabitants of [non-self-governing] territories
are paramount”, as laid down in Article 73 of the United Nations
Charter;
4.4 takes note of the proposal by the Polisario Front, which
believes that the solution to the conflict must involve the exercise
by the Sahrawi people of their right to self-determination through
a referendum;
4.5 takes note of the obstacles to the holding of a referendum,
in particular to the identification of voters, responsibility for
which lies with the United Nations Mission for the Referendum in
Western Sahara (MINURSO), which currently checks that the ceasefire
is respected and supports confidence-building measures to address
the needs of displaced Sahrawi families, as well as de-mining programmes
for the region;
4.6 underlines that the status quo is causing growing frustration,
especially among young people, which could generate violence throughout
the Sahel-Saharan region;
4.7 encourages the parties to maintain dialogue, to remain
constructively engaged with the United Nations Personal Envoy of
the Secretary-General for Western Sahara, and to show realism and
a spirit of compromise in order to achieve progress in the negotiations;
4.8 reiterates that the issue of human rights remains an essential
factor in any comprehensive settlement of the conflict and underlines
that respect for human rights must be ensured immediately in Western
Sahara and in the Tindouf refugee camps, without prejudice to a
political resolution of the conflict regarding the status of the
territory;
4.9 welcomes the recent bill approved by the Council of Ministers
of Morocco on 14 March 2014 on the reform of the military justice
system, with a view to ending the practice of trying civilians in
military courts, regardless of the crimes committed, as well as
the creation of a network of parliamentarians against the death
penalty in the Moroccan Parliament;
4.10 notes with satisfaction the efforts made by Morocco for
the promotion and protection of human rights, in particular through
the strengthening of its national human rights institutions, and
its continued positive interaction with the “Special Procedures”
mechanisms of the United Nations, in line with its international
obligations. This relates in particular to the strengthening of
the role of the CNDH and the nomination of contact persons at ministerial
level to follow up the recommendations of the CNDH, in particular
in the offices in Laâyoune and Dakhla;
4.11 is nevertheless concerned about a number of alleged human
rights violations in Western Sahara, in particular in terms of freedom
of expression, assembly and association, as well as allegations
of torture, inhuman or degrading treatment and violations of the
right to a fair trial;
4.12 is also concerned about alleged human rights violations
in the Sahrawi refugee camps in Tindouf, in particular in terms
of freedom of expression, assembly, association and movement, as
well as the humanitarian situation in the camps, which has been
aggravated by the global financial crisis, unemployment, a lack
of prospects and the very worrying and unstable situation in the
Sahel;
4.13 notes with satisfaction that family visits between the
refugee camps and Western Sahara have proceeded well since March
2004 and calls on both parties to continue co-operating with the
Office of the United Nations High Commissioner for Refugees (UNHCR)
and MINURSO so that the family visits run smoothly.
