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WESTERN
SAHARAN CONFLICT AND THE ROLE OF
ORGANIZATION OF AFRICAN UNITY (OAU)
BY SYEDA BINISH QADRI
INTRODUCTION
Western Sahara is situated in northern Africa and bordering the Atlantic
Ocean between Mauritania and Morocco. This territory stands out as, ostensibly,
Africa's last colony. For more than three decades, the question of Western
Sahara's independence has remained unanswered, and the conflict has become
a forgotten and neglected international crisis. The chief economic asset
of the area is rich phosphate deposits.
Historical background
In1884 Spain occupied Western Sahara during the colonial era. Later to
be known as the Western Sahara (named by the UN in 1975) according to
the Berlin conference which divided up Africa between the colonial powers.
Spanish colonization was limited to these two coastal areas. In 1906 war
between the Saharawi population and Spanish colonial power began. In 1934
the Saharawi resistance was defeated by France after twenty eight years
of continuous war. In 1956 Morocco began claiming that territory. In 1960
the Saharawi population became progressively sedentary and started exploiting
the rich phosphate deposits.
In1973 POLISARIO, the Frente Popular para la Liberacion de Saguia el-Hamray
de Rio de Oro - better known as the POLISARIO Front - was established
to engage in the struggle for independence. The Saharawi liberation movement
was formed to speed up the slow process of decolonization by waging a
guerrilla war against the Spanish. The same year King Hassam II of Morocco
started officially claiming the territory to the North and Mauritania
continues claiming territory to the south.
Thereafter, Mauritania and Morocco invaded that territory. In 1975 Morocco
started a "Green March" of 350,000 people as a means of advancing
their army into the Western Sahara. Moroccan forces entered the north
west of the territory. In 1975 Mauritania abandoned its territorial claims
in the south and recognized the rights of the Saharawi people by signing
a peace agreement.
In 1985 there had been a ceasefire between POLISARIO and Morocco. Currently,
Western Sahara is under Morocco's occupation. Justification for the 1976
invasion by Morocco and Mauritania was based on the argument that, historically,
the people of Western Sahara fell under the protection of the Moroccan
King. Morocco referred the matter to the International Court of Justice
(ICJ) for legal advice.
On 15 October 1975, the opinion of the International Court was that any
foreign occupation of Western Sahara would be inconsistent with international
law, and therefore, the people of that territory were entitled to independence.
In other words, the occupation of Western Sahara by Morocco or Mauritania
would be contrary to historical facts and would run counter to international
law.
The role of the OAU in resolving the conflict
Since the early 1970s, the OAU has called for Western Saharan self-determination
and has persistently supported the idea of a referendum. In 1983, the
OAU Summit passed a resolution (AHG 104) that called for direct talks
between Morocco and the Polisario Front. In addition, the UN General Assembly
passed a resolution (40/50) and also called for direct talks between the
two parties. The Secretary General and the Chairman of the OAU acting
jointly under the auspices of the General Assembly had induced the representatives
of Morocco and the Polisario to negotiate the details of a peace plan.
The aim of the talks was to end hostilities and set the stage for a referendum.
A series of diplomatic meetings, facilitated by both the OAU and the UN
were held. The UN-OAU settlement agreement, which proposed a six month
transition period, had the following key stipulations:
• A ceasefire and exchange of prisoners;
• A reduction of Moroccan troops from 100,000 to 65,000; disarmament
and confinement of troops to designated areas;
• The return of about 120,000 Saharan refugees from Algeria and
Mauritania;
• The identification and registration of voters, and the organization
of a referendum following a campaign period of three weeks;
• The withdrawal of Moroccan soldiers or the demobilization of the
Polisario Front, depending on the outcome of the vote.
Following the signing of the agreement, the Security Council adopted a
resolution to establish the UN Mission for the Referendum in Western Sahara
(MINURSO). In September 1991, MINURSO began its activities with about
200 UN military observers. The referendum was expected to take place in
January 1992. However, the process was to suffer a number of setbacks
that resulted in its postponement to 31 October 2000.
For the OAU the issue for several years was so divisive as to threaten
the organization’s continued viability. After the OAU seated a polisario
delegation in 1982, more than one-third of the member governments threatened
to boycott meetings or withdraw from membership. It was the hard time
to OAU.
Security Council extends mandate of Western Sahara mission (31/07/2003)
The Security Council, stressing that a political solution was critically
needed in the settlement of the dispute over Western Sahara, given the
lack of progress, extended the mandate of the United Nations Mission for
the Referendum there (MINURSO) until 31 October 2003 and called on the
parties to work with the United Nations and with each other towards acceptance
and implementation of the “Peace plan”.
After 30 years of enduring conflict, the independence of Western Sahara
remains first and foremost an issue of international law. Few options,
except a referendum, can break the stalemate. But the successful example
of decolonization in East Timor may not be emulated in Western Sahara.
Morocco maintains its uncompromising position to preserve the rich resources
of the territory and to ensure the internal stability of the kingdom.
The US, having gone to war in Iraq ostensibly to enforce UN resolutions,
looks on while its former Secretary of State facilitates Morocco's ongoing
defiance of UN resolutions in Western Sahara.
CONCLUSION
The experience over the last few years of Africa in general, and the OAU
in particular, gives us hope for the future of the continent and its capacity
to prevent, manage and resolve conflicts. The OAU's lack of resources,
especially financially, will deny it the freedom to unilaterally decide
on the strategic, tactical and operational aspects of peace operations
which it may wish to initiate. The OAU, through its mechanism, clearly
has an increasingly important role to play in the management of conflict
on this continent. The flexibility of the entire process and cooperation
between the UN and OAU are factors facilitating the eventual settlement
of a long and bitter dispute.
PREPARED BY SYEDA BINISH QADRI
CLASS OF CONFLICT RESOLUTION AND
CRISIS MANAGEMENT
M.A. (PREVIOUS) 2003
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