1986/21. Question of Western Sahara70The 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 General Assembly resolution 40/50 of 2 December 1985, Recalling resolution AHG/Res. 104 (XIX) on Western Sahara,71 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, 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, 1984/13 of 29 February 1984, and 1985/5 of 26 February 1985, 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 also that the solution of the question of Western Sahara lies in the implementation of resolution AHG/Res.104 (XIX) of the Assembly of Heads of State and Government of the Organization of African Unity, which establishes ways and means for a just and definitive political solution to the western Sahara conflict;
3. Again requests, to that end, the parties to the conflict, the Kingdom of Morocco and the Frente Popular para la Liberactión de Saguia el-Hamra y de Río de Oro, to undertake direct negotiations in the shortest possible time, 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 current Chairman of the Organization of African Unity and the Secretary-General of the United Nations to achieve a just and definitive solution to the question of Western Sahara;
5. Welcomes also the invitation by the General Assembly to the current Chairman of the Organization of African Unity and the Secretary-General of the United Nations to exert every effort to persuade the two parties to the conflict, the Kingdom of Morocco and the Frente Popular para la Liberación do Saguia el-Hamar y de Río de Oro, to negotiate, in the shortest possible time, in conformity with Organization of African Unity resolution AHG/Res.104 (XIX) and General Assembly resolution 40/50 , the terms of a cease-fire and the modalities for organizing the said referendum;
6. Expresses its satisfaction at 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);
7. 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-third session, as a matter of high priority.
70 Adopted at the 50th meeting, on 10 March 1986, by a roll-call of 29 to none, with 13 abstentions. See chap. IX, para. 171. 71 For the text, see General Assembly resolution 38/40 , para. 1.
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