Question of Western Sahara.

1985/5. Question of Western Sahara[1]21

The Commission on Human Rights, Having considered in depth the question of Western Sahara, Recalling 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, Reaffirming all resolutions of the United Nations on the question of Western Sahara, particularly General Assembly resolution 39/40 of 5 December 1984, Recalling resolution AHG/RES.104 (XIX) on Western Sahara, [2]22 adopted unanimously by the Assembly of Heads of State and Government of the Organization of African Unity at its nineteenth ordinary session, held at Addis Ababa from 6 to 12 June 1983, Taking note of the report of the Implementation Committee on Western Sahara adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its twentieth ordinary session[3]23 , Recalling also its resolutions 4 (XXXVI) of 15 February 1980, 12 (XXXVII) of 6 March 1981, 1982/15 of 25 February 1982, 1983/6 of 16 February 1983 and 1984/13 of 29 February 1984, Conscious of its responsibility to promote and encourage observance of human rights and fundamental freedoms for all,

1. Reaffirms that the question of Western Sahara is a question of decolonization which remains to be completed on the basis of the exercise by the people of Western Sahara of their inalienable right to self-determination and independence;

2. Reaffirms that the political solution to the question of Western Sahara lies in the implementation of resolution AHG/RES.104 (XIX) of the Assembly Of Heats of State and Government of the Organization of African Unity, which establishes ways and means for a just and definitive solution to the Western Sahara conflict;

3. Requests, to that end, the parties to the conflict, the Kingdom of Morocco and the Frente Popular pare la Liberación de Saguia el-Hamra y de Río de Oro, to undertake direct negotiations with a view to bringing about a cease-fire to create the necessary conditions for a peaceful and fair referendum for self-determination of the people of Western Sahara, a referendum without any administrative or military constraints, under the auspices of the Organization of African Unity and the United Nations;

4. Welcomes the efforts of the Organization of African Unity and its Implementation Committee with a view to promoting a just and definitive solution to the question of Western Sahara in accordance with the resolutions and decisions of that organization and the United Nations on the question;

5. Welcomes also the determination of the United Nations to co-operate fully with the Organization of African Unity with a view to implementing the relevant decisions of that organization, in particular resolution AHG/RES.104 (XIX);

6. Decides to follow the development of the situation in Western Sahara and to consider this question within the framework of the agenda item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation" at its forty-second session, as a matter of high priority.

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[1]21 Adopted at the 32nd meeting, on 26 February 1985, by a roll-call vote of 30 to none, with 12 abstentions. See chap. IX. [2]22 See A/38/312, annex. [3]23 A/39/680, annex.