Appendice I
Verdetto della Corte Internazionale di Giusizia
WESTERN SAHARA
Advisory Opinion of 16 October 1975
In its Advisory Opinion which the General Assembly of the United Nations had
requested on two questions concerning Western Sahara, the Court, with regard
to Question I, "Was Western Sahara (Rio de Oro and Sakiet El Hamra) at
the time of colonization by Spain a territory belonging to no one (terra nullius)?",
- decided by 13 votes to 3 to comply with the request for an advisory opinion;
- was unanimously of opinion that Western Sahara (Rio de Oro and Sakiet El Hamra)
at the time of colonization by Spain was not a territory belonging to no one
(terra nullius).
With regard to Question II, "What were the legal ties between this territory
and the Kingdom of Morocco and the Mauritanian entity?", the Court
- decided by 14 votes to 2 to comply with the request for an advisory opinion;
- was of opinion, by 14 votes to 2, that there were legal ties between this
territory and the Kingdom of Morocco of the kinds indicated in the penultimate
paragraph of the Advisory Opinion;
- was of opinion, by 15 votes to 1, that there were legal ties between this
territory and the Mauritanian entity of the kinds indicated in the penultimate
paragraph of the Advisory Opinion.
The penultimate paragraph of the Advisory Opinion was to the effect that:
The materials and information presented to the Court show the existence, at
the time of Spanish colonization, of legal ties of allegiance between the Sultan
of Morocco and some of the tribes living in the territory of Western Sahara.
They equally show the existence of rights, including some rights relating to
the land, which constituted legal ties between the Mauritanian entity, as understood
by the Court, and the territory of Western Sahara. On
the other hand, the Court's conclusion is that the materials and informations
presented to it do not establish any tie of territorial sovereignty between
the territory of Western Sahara and the Kingdom of Morocco or the Mauritanian
entity. Thus the Court has not found legal ties of such a nature as might affect
the application of General Assembly resolution 1514 (XV) in the decolonization
of Western Sahara and, in particular, of the principle of self-determination
through the free and genuine expression of the will of the peoples of the Territory.
Appendice II
La dichiarazione dell'accordo di Madrid.
Dichiarazione di principi tra Spagna, Marocco e Mauritania
sul Sahara Occidentale
Riunite a Madrid, il 14 novembre 1975, le delegazioni che rappresentano i governi
di Spagna, Marocco e Mauritania si sono accordate sui seguenti principi:
1.- La Spagna riafferma la sua decisione, più volte ribadita di fronte
alla Nazioni Unite, di decolonizzare il territorio del Sahara Occidentale ponendo
fine alle responsabilità e ai poteri che essa detiene su questo territorio
in quanto potenza amministratrice.
2.- Tenuto conto di questa decisione, e in conformità con i negoziati
tre le parti interessate, raccomandati vivamente dall'ONU, la Spagna procederà
immediatamente alla creazione di un'amministrazione provvisoria nel territorio
con la partecipazione del Marocco e della Mauritania e con la collaborazione
della Jemaa (assemblea locale), amministrazione alla quale saranno trasmessi
le responsabilità e i potere ai quali si riferisce il paragrafo precedente.
A questo scopo, è stato convenuto di designare due governatori aggiunti,
uno su proposta del Marocco, l'altro su proposta della Mauritania, che assistano
il governatore generale del territorio nelle sue funzioni.
La presenza spagnola sul territorio avrà termine definitivamente prima
del 28 febbraio 1976.
3.- L'opinione della popolazione sahariana, espressa dalla Jemaa, sarà
rispettata.
4.- I tre paesi informeranno il segretario generale dell'ONU in merito alle
disposizioni prese in base al presente documento, come risultato dei negoziati
svoltisi in conformità con l'art.33 della Carta della Nazioni Unite.
5.- I tre paesi contraenti dichiarano di essere giunti alle precedenti conclusioni
nel migliore spirito della Carta delle Nazioni Unite e come contribuito al mantenimento
della pace e della sicurezza internazionali.
6.- Questo documento entrerà in vigore il giorno stesso della pubblicazione
sul Bollettino ufficiale dello Stato della " Legge sulla decolonizzazione
nel Sahara ", che autorizza il governo spagnolo ad applicare gli impegni
contenuti nel presente documento.
Appendice III
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[www.arso.org]
Appendice IV
Piano Baker 2
Peace plan for self-determination of the
people of Western Sahara
[www.un.org]
I. Purpose
1. The present peace plan for self-determination of the people of Western Sahara
is an agreement by and between the Kingdom of Morocco and the Frente POLISARIO
(which are the interested parties), joined by the People's Democratic Republic
of Algeria and the Islamic Republic of Mauritania (which are the neighbouring
countries) and the United Nations. The purpose of the plan is to achieve a political
solution to the conflict in Western Sahara that provides for self-determination,
as contemplated in paragraph 1 of Security Council resolution 1429 (2002), of
30 July 2002. The effective date of the plan is the date when all interested
parties, neighbouring countries and the United Nations have signed it. The final
status of Western Sahara shall be determined by a referendum conducted in accordance
with part II of the plan. During the period between the effective date of the
plan and the implementation of the results of the referendum on final status,
governmental authority shall be exercised in Western Sahara in accordance with
part III of the plan.
II. Self-determination referendum
2. A referendum to determine the final status of Western Sahara shall be held
no earlier than four and no later than five years after the effective date of
the plan. The options or ballot questions to be included in the referendum will
include: (a) those previously agreed to in the settlement plan; and (b) any
additional options or ballot questions agreed to by the Kingdom of Morocco and
the Western Sahara Authority (as defined in para. 8 (a) below).
3. A referendum option or ballot question shall be deemed to have been adopted
if it receives more than 50 per cent of the votes cast in the referendum. If
more than two options or ballot questions are presented and none receives a
majority of the votes cast in the first round, a second round shall be held
in
which the two options or ballot questions that received the most votes shall
be presented to the voters.
4. The referendum shall be organized and conducted by the United Nations and
monitored by international observers accredited by the United Nations.
5. Those eligible to vote in the referendum are those persons who are at least
18 years of age and: (a) who have been identified as qualified to vote by the
Identification Commission of the United Nations Mission for the Referendum in
Western Sahara (MINURSO), as reflected on the provisional voter list of 30 December
1999 (without giving effect to any appeals or other objections); (b)whose names
appear on the repatriation list drawn up by the United Nations High Commissioner
for Refugees (UNHCR) as at 31 October 2000; or (c) who have resided continuously
in Western Sahara since 30 December 1999. Those eligible to vote shall be determined
by the United Nations, whose decision shall be final and without appeal.
6. The addition to the list of qualified voters of any person whose name does
not appear either on the provisional voter list of 30 December 1999 or on the
repatriation list drawn up by UNHCR as at 31 October 2000 can occur only if
the status of that person as a continuous resident of Western Sahara since 30
December 1999 is supported by testimony from at least three credible persons
and/or credible documentary evidence. The United Nations shall: (a)determine
the credibility and legal sufficiency of all such testimony and other evidence;
and (b) based on that testimony and other evidence, determine who is (and is
not) entitled to be added to the list of qualified voters under this paragraph.
These determinations by the United Nations shall be final and without appeal.
7. All interested parties and neighbouring countries agree to accept and respect
the results of the referendum.
III. Authority in Western Sahara
8. Governmental authority in Western Sahara between the effective date of this
plan and such time as a new government shall take office in implementation of
the result of the referendum on final status shall be as set forth in this plan,
and in particular in the present paragraph: (a) The population of Western Sahara,
acting through the executive, legislative and judicial bodies established under
the plan - herein sometimes referred to as the Western Sahara Authority - shall
be responsible for and have exclusive competence over local government, the
territorial budget, taxation, economic development, internal security, law enforcement,
social welfare, cultural affairs, education, commerce, transportation, agriculture,
mining, fisheries, industry, environment, housing and urban development, water
and electricity, roads and other basic infrastructure; (b) Morocco shall be
responsible for and have exclusive competence over foreign relations (including
international agreements and conventions), national security and external defence
(including the determination of borders - maritime, aerial, and terrestrial
- and their protection by all appropriate means), all matters relating to the
production, sale, ownership and use of weapons and explosives (except for the
duly authorized use of weapons by the law enforcement authorities of the Western
Sahara Authority) and the preservation of territorial integrity against secessionist
attempts, whether from within or outside the Territory, provided, however, that
the right to preserve territorial integrity shall not authorize any action whatsoever
that would prevent, suppress, or stifle peaceful public debate, discourse or
campaign activity, particularly during any election or referendum period. In
addition, the flag, currency, customs, postal and telecommunication systems
of Morocco shall be the same for Western Sahara. With respect to all functions
described in this subparagraph, Morocco may appoint representatives to serve
it in Western Sahara.
9. The authority of Morocco for the foreign relations of Western Sahara shall
be exercised in consultation with the Western Sahara Authority on matters that
directly affect the interests of Western Sahara. Morocco may authorize representatives
of the Authority to serve as members of the Kingdom's diplomatic delegations
in international meetings concerned with economic issues and other issues of
direct interest to Western Sahara.
10. The executive authority of the Western Sahara Authority shall be exercised
by a Chief Executive elected by the people of Western Sahara in accordance with
paragraphs 15 to 17 of the present plan. The Chief Executive may appoint such
administrators as may be necessary to exercise the powers reserved to the Authority
by the plan.
11. The legislative authority of the Western Sahara Authority shall be exercised
by a Legislative Assembly elected by the people of Western Sahara in accordance
with paragraphs 15 to 17 of the present plan. The Legislative Assembly shall
be responsible for the enactment of all laws applicable in Western Sahara, with
the exception of any relating to the authorities reserved to Morocco under paragraph
8 (b) above.
12. The judicial authority in Western Sahara shall be vested in a Supreme Court
of Western Sahara and such other lower courts as may be established by the Western
Sahara Authority. Members of the Supreme Court and lower courts shall be appointed
by the Chief Executive, with the consent of the Legislative Assembly.
The Supreme Court (a) shall have jurisdiction to adjudicate the compatibility
of any law of Western Sahara with this plan (except any relating to the authorities
reserved to Morocco by paragraph 8 (b) above, in which case the highest court
of Morocco shall have that jurisdiction), and (b) shall be the final authority
in interpreting the law of Western Sahara. The Supreme Court shall have the
authority to declare null and void any law, regulation or other act of the Western
Sahara Authority that contravenes this plan or exceeds the competence of the
Authority, as provided in the plan.
13. All laws, regulations and acts of the Western Sahara Authority shall be
consistent with internationally recognized human rights standards (including
human rights standards in any treaties to which Morocco is a party). In no event
shall human rights in Western Sahara be protected to a lesser extent than is
provided for in the constitution and laws of Morocco.
14. All laws and regulations now in force in Western Sahara shall continue in
force until they are amended or repealed by action of the Legislative Assembly
and Chief Executive of the Western Sahara Authority, except any relating to
the authorities reserved to Morocco by paragraph 8 (b) above.
15. The election for the Legislative Assembly and Chief Executive of the Western
Sahara Authority shall be held within one year of the effective date of this
plan. Voters shall vote separately (in a single election) for the Chief Executive
and members of the Legislative Assembly, who shall hold office for a period
of four years or until governmental authority in Western Sahara is changed pursuant
to the final status referendum. Sole and exclusive authority over all matters
relating to any and all elections and referendums called for in this plan, including
their organization and conduct, shall be vested in the United Nations.
16. Those eligible to vote in the election for the Legislative Assembly and
Chief Executive of the Western Sahara Authority are persons who are at least
18 years of age and whose names appear either on the provisional voter list
of 30 December 1999 (without giving effect to any appeals or other objections)
or on the repatriation list drawn up by UNHCR as at 31 October 2000. Those eligible
to vote shall be determined by the United Nations, whose decision shall be final
and without appeal.
IV. Other matters
17. Campaigns for the election and referendum referred to in this plan shall
be conducted in a manner consistent with international human rights standards
and in keeping with the principles of the Code of Conduct agreed to by Morocco
and the Frente POLISARIO in 1997 (the Houston accords), except where to do so
would be inconsistent with this plan. In particular, the interested parties
agree not to hinder the ability of persons to campaign peacefully for or against
any person standing for election or any option or ballot question offered to
the voters in the referendum on final status.
18. Neither Morocco nor the Western Sahara Authority may unilaterally change
or abolish the status of Western Sahara, except for the adoption of such laws
as may be necessary to conform to the results of the referendum on final status.
No
change to this plan may be made without the agreement of the King of Morocco
and the Chief Executive and the Legislative Assembly of Western Sahara.
19. Immediately after the effective date of this plan, all political prisoners
and prisoners of war shall be released, and the obligation of each party in
this regard is not dependent upon performance by the other. The interested parties
agree that they shall continue their full cooperation with relevant international
bodies until the completion of the repatriation process.
20. Within 90 days after the effective date of this plan, the armed forces of
Morocco and the Frente POLISARIO will be reduced, confined, contained and thereafter
maintained in all respects strictly in accordance with the provisions of the
1997 Houston accords. This provision is without prejudice to the deployment
of Moroccan armed forces in purely defensive positions pursuant to the responsibility
of Morocco for external defence under paragraph 8 (b) above or the creation
and normal functioning of law enforcement personnel in Western Sahara under
the authority of the Western Sahara Authority.
21. The United Nations will assist the interested parties, in particular the
Western Sahara Authority, in fulfilling their responsibilities under this plan.
The Security Council undertakes to amend the name and mandate of MINURSO to
enable it to assist in the implementation of this plan, in particular during
the period between the plan's entry into force and the holding of the election
for the Chief Executive and the Legislative Assembly of the Western Sahara Authority.
22. The Secretary General will use his good offices to assist the interested
parties in the implementation of this plan. The interested parties agree that
the Secretary- General shall have the authority to interpret this Plan and that
in the event of any disagreement about the meaning of the plan, the Secretary
eneral's interpretation shall be binding on the interested parties.
23. By signing the present document, the interested parties, the neighbouring
countries and the United Nations agree to the terms of the plan, effective on
the date on which all of them have signed the document.
Signed by
Kingdom Of Morocco Frente POLISARIO
Democratic Republic of Algeria Islamic Republic of Mauritania
United Nations