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Resolution 2004 (2014) Final version
Parliamentary contribution to resolving the Western Sahara conflict
1. The Parliamentary Assembly welcomes
the effective progress made by Morocco on various questions relating
to human rights and democracy, as underlined in Resolution 1942 (2013) on
the evaluation of the partnership for democracy in respect of the
Parliament of Morocco, including the creation, in 2011, of the Moroccan
National Human Rights Council (CNDH) and other organisations for
the protection of human rights.
2. At the same time, the Assembly recalls that under the terms
of Resolution 1818 (2011) granting
the status of partner for democracy to the Parliament of Morocco
on 21 June 2011, it expects Morocco to continue to seek the settlement
of international disputes by peaceful means, in accordance with
the Charter of the United Nations. In this context, the Assembly
specifically called on the Parliament of Morocco “to enhance its contribution
to solving the Western Sahara problem in accordance with the relevant
resolutions of the United Nations Security Council”.
3. Now, three years later, the Assembly remains concerned about
the slow progress in finding a just and lasting political solution
to the Western Sahara conflict, which has been a source of hardship
and suffering for almost forty years.
4. 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 de facto 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.
5. More particularly, the Assembly calls on the Moroccan authorities
to:
5.1. step up their efforts and
co-operation with the CNDH and the International Committee of the
Red Cross (ICRC) in accounting for those who are still missing in
connection with the conflict, and exhume and return remains to families;
5.2. implement the recommendations based on the Special Procedures
of the United Nations Human Rights Council, with which the CNDH,
the Moroccan mediator and the Interministerial Delegation on Human
Rights co-operate actively;
5.3. guarantee freedom of expression and revise certain articles
of the Press Code, the Law on Associations and other laws which
make illegal any political and civil society statements and activities deemed
to undermine the “territorial integrity” of Morocco, and guarantee
free movement of journalists and foreign visitors who travel to
Western Sahara;
5.4. respect the right to hold peaceful meetings, including
for advocates of self-determination for the Sahrawi people, and
make sure that any restrictions are temporary and limited to what
is strictly necessary;
5.5. ensure compliance with the Moroccan Law on Associations
by putting an end to the practice of rejecting, on formal grounds,
the statute documents submitted by non-registered Sahrawi civil
society associations;
5.6. ensure that the actions of the police remain proportional
and reinforce human rights training for members of the security
forces, and also for judges and prosecutors, in partnership with
the Council of Europe;
5.7. conduct independent inquiries to determine the responsibility
of the Moroccan police following complaints by civilians regarding
human rights violations in Western Sahara, examine all allegations
of torture and ensure that no statement obtained by force is admitted
as evidence;
5.8. grant the accused in the trial concerning the events in
Gdeim Izik in December 2010 the right to a retrial in a civilian
court, in accordance with the proposal for a bill stipulating that
civilians should no longer be tried in military courts, regardless
of the crimes committed;
5.9. continue the efforts made concerning the abolition of
the death penalty and, in the meantime, declare a legal moratorium
on executions;
5.10. strengthen the role of Moroccan human rights institutions,
in particular the CNDH, regarding the human rights situation in
Western Sahara;
5.11. sign the Deed of Commitment under Geneva Call for Adherence
to a Total Ban on Anti-Personnel Mines and for Cooperation in Mine
Action and accede to the United Nations Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines and on their Destruction.
6. The Assembly also invites the representatives of the Polisario
Front and Algeria to:
6.1. allow
the UNHCR to organise a census and to proceed with the registration
and identification of the population in the Tindouf camps in order
to establish the actual number of refugees living in these camps;
6.2. invite the independent human rights experts (Special Procedures)
of the United Nations Human Rights Council to travel to all parts
of the region;
6.3. ensure the amelioration of the humanitarian situation
of refugees in the Tindouf camps and the fulfilment of their obligations
regarding humanitarian rights;
6.4. co-operate with the International Committee of the Red
Cross (ICRC) and the Special Procedures mechanisms of the United
Nations with a view to clarifying the cases of Moroccan missing
persons in the Tindouf camps within Algerian territory;
6.5. co-operate with the United Nations in finding a fair and
final solution to the conflict, be realistic and constructive in
the negotiations and step up dialogue on any issue concerning human
rights in the refugee camps;
6.6. guarantee freedom of expression, assembly and association
for all the camp residents, including by making sure that they are
free to advocate options other than independence for Western Sahara;
6.7. ensure that the camp residents enjoy freedom of movement,
including, if they so wish, the right to leave the camps and settle
in the territory of Western Sahara;
6.8. develop a human rights culture in the refugee camps and
set up human rights training programmes for the members of the security
forces, and also for judges and prosecutors, local officials and
civil society representatives.
7. The Assembly encourages all parliamentary institutions in
the region to play a more active role and become more involved in
the search for solutions that facilitate the negotiations and build
mutual trust between the parties to the conflict, including helping
to facilitate direct exchanges.
8. In particular, the Assembly invites the Moroccan Parliament,
in accordance with the commitments made under Resolution 1818 (2011) granting
it the status of partner for democracy, to:
8.1. urge the Moroccan Government to implement all the recommendations
made in the context of the United Nations and the CNDH, and continue
developing a genuine culture of human rights in Western Sahara;
8.2. be open to dialogue with non-registered Sahrawi civil
society associations and human rights defenders, with the authorities
of the Polisario Front based in the Tindouf camps, such as the Sahrawi National
Council, and with members of the Algerian Parliament with a view
to building mutual trust and facilitating negotiations.
9. The Assembly also calls on all Council of Europe member States
to:
9.1. intensify their efforts
and work together to find a just and final political solution to
the conflict, enabling the establishment of lasting security and
stability in the Sahel-Saharan region;
9.2. to provide urgent funding for the confidence-building
measures programme and the programme mandate of the UNHCR in the
Tindouf refugee camps.
10. Lastly, the Assembly believes that the progress made by Morocco
in the field of human rights in Western Sahara and the implementation
of this resolution should henceforth be taken into account in the
next evaluation report on the partnership for democracy in respect
of the Parliament of Morocco, which is due in 2015. In this context,
the Assembly stands ready to help facilitate direct contacts between
the parties concerned.