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Self Determination:
Principle & the Law
> Question of Western Sahara - Commission on
Human Rights Resolution 1996/6
Self Determination:
principle & the law
Question of Western Sahara
Commission on Human Rights Resolution 1996/6
34th meeting 11 April 1996 [Adopted without a vote]
The Commission on Human Rights,
Having considered the question of Western Sahara,
Reaffirming the inalienable right of all peoples to self-determination and
independence, in accordance with the principles set forth in the Charter of the
United Nations and in General Assembly resolution 1514 (XV) of 14 December 1960,
containing the Declaration on the Granting of Independence to Colonial Countries
and Peoples,
Recalling its earlier resolutions, the latest of which is resolution 1995/7 of
17 February 1995,
Recalling also the agreement in principle given on 30 August 1988 by the Kingdom
of Morocco and the Frente Popular para la Liberaci�n de Saguia el-Hamra y de R�o
de Oro to the proposals of the Secretary-General of the United Nations and the
then Chairman of the Assembly of Heads of State and Government of the
Organization of African Unity, in the framework of their joint mission of good
offices,
Recalling further Security Council resolutions 621 (1988) of 20 September 1988,
658 (1990) of 27 June 1990, 690 (1991) of 29 April 1991, 725 (1991) of 31
December 1991, 809 (1993) of 2 March 1993 and 907 (1994) of 29 March 1994
relating to the question of Western Sahara,
Recalling with satisfaction the entry into force of the cease-fire in Western
Sahara on 6 September 1991, in accordance with the proposal of the
Secretary-General accepted by both parties,
Noting the adoption by the Security Council of resolutions 973 (1995) of 13
January 1995, 995 (1995) of 26 May 1995, 1002 (1995) of 30 June 1995, 1017
(1995) of 22 September 1995, 1033 (1995) of 22 December 1995 and 1042 (1996) of
31 January 1996,
Welcoming the mission of the Security Council, which visited Western Sahara and
the countries of the region from 3 to 9 June 1995,
Welcoming also the appointment of Mr. Erik Jensen as Acting Special
Representative of the Secretary-General for Western Sahara,
Concerned that the parties' continuing suspicion and lack of trust have
contributed to delays in the implementation of the settlement plan (S/21360 and
S/22464),
Welcoming in this context the visit to the region by the Special Envoy of the
Secretary-General, from 2 to 9 January 1996,
Noting that, for progress to be achieved, the two parties must have a vision of
the post-referendum period,
Expressing the hope for a rapid resolution of the problems causing delays in the
completion of the identification process, as well as the code of conduct, the
release of political prisoners, the confinement of troops of the Frente Popular
para la Liberaci�n de Saguia el-Hamra y de R�o de Oro and the arrangements for
the reduction of the Moroccan troops in the territory,
Stressing the importance and usefulness of the resumption of direct talks
between the two parties mentioned above in order to create a propitious
atmosphere conducive to a speedy and effective implementation of the settlement
plan,
Having examined the relevant chapter of the report of the Special Committee on
the Situation with regard to the Implementation of the Declaration on the
Granting of Independence to Colonial Countries and Peoples (A/50/23 (Part V),
chap. IX),
Having also examined the report of the Secretary-General (A/50/504),
1. Takes note with appreciation of the report of the Secretary-General;
2. Pays tribute to the Secretary-General and the personnel of the United Nations
Mission for the Referendum in Western Sahara for their action with a view to
settling the question of Western Sahara by the implementation of the settlement
plan;
3. Reiterates its support for further efforts of the Secretary-General for the
organization and supervision by the United Nations, in cooperation with the
Organization of African Unity, of a referendum for self-determination of the
people of Western Sahara, in conformity with Security Council resolutions 658
(1990) and 690 (1991), by which the Council adopted the settlement plan for
Western Sahara;
4. Reaffirms that the goal on which all were agreed consists of the holding
of a free, fair and impartial referendum for the people of Western Sahara,
organized and conducted by the United Nations in cooperation with the
Organization of African Unity and without any military or administrative
constraints, in conformity with the settlement plan;
5. Notes with concern the insufficient progress made towards the fulfilment of
the settlement plan, including the identification process, the code of conduct,
the release of political prisoners, the confinement of troops of the Frente
Popular para la Liberaci�n de Saguia el-Hamra y de R�o de Oro and the
arrangements for the reduction of the Moroccan troops in the territory;
6. Calls upon the Kingdom of Morocco and the Frente Popular para la Liberaci�n
de Saguia el-Hamra y de R�o de Oro to work with the Secretary-General and the
United Nations Mission for the Referendum in Western Sahara in a spirit of
genuine cooperation to implement the settlement plan in accordance with the
relevant Security Council resolutions;
7. Takes note of the decision of the Security Council to review the arrangements
for the completion of the identification process on the basis of the report of
the Secretary-General requested in paragraph 4 of its resolution 1017 (1995) and
to consider at that time any further necessary measures which might need to be
taken to ensure the prompt completion of that process and of all the other
aspects relevant to the fulfilment of the settlement plan;
8. Expresses the hope that direct talks between the two parties will soon resume
in order to create a propitious atmosphere conducive to speedy and effective
implementation of the settlement plan;
9. Recalls that the General Assembly has requested the Special Committee on the
Situation with regard to the Implementation of the Declaration on the Granting
of Independence to Colonial Countries and Peoples to continue to consider the
situation in Western Sahara, bearing in mind the ongoing referendum process, and
to report thereon to the Assembly at its fifty-first session;
10. Decides to follow the development of the situation in Western Sahara and to
consider the question at its fifty-third session, as a matter of high priority,
under the agenda item entitled "The right of peoples to self-determination and
its application to peoples under colonial or alien domination or foreign
occupation". |
