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The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation - Denial to the people of Western Sahara of its right to self-determination and other fundamental human rights, as a result of the occupation of its territory by Morocco

Publisher UN Commission on Human Rights
Publication Date 6 March 1981
Citation / Document Symbol E/CN.4/RES/12(XXXVII)
Reference THIRTY-SEVENTH SESSION, 1981
Cite as UN Commission on Human Rights, The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation - Denial to the people of Western Sahara of its right to self-determination and other fundamental human rights, as a result of the occupation of its territory by Morocco, 6 March 1981, E/CN.4/RES/12(XXXVII), available at: http://www.refworld.org/docid/3b00f0d420.html [accessed 27 November 2014]

12 (XXXVII) The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation - Denial to the people of Western Sahara of its right to self-determination and other fundamental human rights, as a result of the occupation of its territory by Morocco[1]32

The Commission on Human Rights,

Guided by the purposes and principles of the Charter of the United Nations,

Bearing in mind the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and other relevant international instruments relating to human rights,

Recalling the Declaration on the Granting of Independence to Colonial Countries and Peoples, adopted by the General Assembly in resolution 1514 (XV) of 14 December 1960,

Conscious of its responsibility to promote and encourage observance of the human rights and fundamental freedoms of all,

Bearing in mind the profound concern of the United Nations, the Organization of African Unity and the non-aligned countries regarding the decolonization of Western Sahara and the right of the people of that Territory to self-determination and independence,

Considering the relevant resolutions of the General Assembly on the question of Western Sahara, and more particularly resolution 35/19 of 11 November 1980,

Taking note of the decision on the question of Western Sahara adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its seventeenth ordinary session held at Freetown, Sierra Leone, from 1 to 4 July 1980,[2]33 and also of the conclusions of the fourth session of the Ad Hoc Committee of Heads of State and Government of the Organization of African Unity held at Freetown, Sierra Leone, from 9 to 12 September 1980,

Recalling the importance of the reports prepared by the Special Rapporteurs of the Sub-Commission on Prevention of Discrimination and Protection of Minorities concerning, respectively, "The right to self-determination - The historical and current development on the basis of United Nations instruments[3]34 and the "The right to self-determination Implementation of United Nations resolutions",[4]35 relating to the right of peoples under colonial and alien domination to self-determination,

Recalling also resolution 4 (XXXVI), of 15 February 1980, adopted by the Commission on Human Rights at its thirty-sixth session,

1. Emphasizes the determination of the United Nations to co-operate fully with the Organization of African Unity with a view to enabling the people of Western Sahara to exercise its right to self-determination and independence, in accordance with the relevant resolutions of the United Nations and the Organization of African Unity;

2. Deplores the continuance of the occupation of Western Sahara by Morocco, which is preventing the people of that Territory from exercising its right to self-determination and independence and other fundamental human rights;

3. Decides to follow closely the developments in this situation in the light of the recommendations of the Organization of African Unity and the General Assembly of the United Nations, and to consider the question of Western Sahara within the framework of the item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" at its thirty-eighth session, as a matter of high priority.



[1]32 Adopted at the 1630th meeting, on 6 March 1981, by a roll-call vote of 26 to 5, with 11 abstentions. See chap. VII.

[2]33 A/35/463, annex II, decision AHG/DEC 118 (XVII).

[3]34 United Nations publication, Sales No. E.80.XIV.3.

[4]35 United Nations publication, Sales No. E.79.XIV.5.

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