Question of Western Sahara.

1989/18. Question of Western Sahara

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 General Assembly resolution 43/33 of 22 November 1988 on the question of Western Sahara, Recalling resolution AHG/Res.104 (XIX) on Western Sahara, 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, 1985/5 of 26 February 1985, 1986/21 of 10 March 1986, 1987/3 of 19 February 1987 and 1988/5 of 22 February 1988, Conscious of its responsibility to promote and encourage observance of human rights and fundamental freedoms for all, Taking note with appreciation of the part concerning Western Sahara of the final communiqué adopted by the Meeting of Ministers for Foreign Affairs and Heads of Delegation of the Non-Aligned Countries, held at Nicosia from 7 to 10 September 1988 (A/43/667, annex), Noting with appreciation the continuation of the joint good offices process initiated in New York on 9 April 1986 by the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity and the Secretary-General of the United Nations with a view to implementing resolution AHG/Res.104 (XIX) of the Assembly of Heads of State and Government of the Organization of African Unity and General Assembly resolution 40/50 of 2 December 1985,

1. Takes note with appreciation of the report of the Secretary-General on the question of Western Sahara (A/43/680);

2. 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;

3. 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;

4. Again requests, to that end, the two parties to the conflict, the Kingdom of Morocco and the Frente Popular para la Liberación 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;

5. Welcomes the efforts of the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity and the Secretary-General of the United Nations to promote a just and definitive solution of the question of Western Sahara, in accordance with General Assembly resolution 40/50 ;

6. Welcomes the agreement in principle given on 30 August 1988 by the Kingdom of Morocco and the Frente Popular para la Liberación de Saguia el-Hamra y de Río de Oro to the joint proposals of the Secretary-General of the United Nations and the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity with a view to the holding of a referendum for self-determination of the people of Western Sahara, organized and supervised by the United Nations in co-operation with the Organization of African Unity;

7. Welcomes the meeting that took place in Marrakesh on 4 January 1989 between His Majesty King Hassan II of Morocco and a high-ranking delegation of the Frente Popular para la Liberación de Saguia el-Hamra y de Río de Oro;

8. Welcomes also the unanimous adoption of Security Council resolution 621 (1988) of 20 September 1988, by which the Council authorized the Secretary-General of the United Nations to appoint a special representative for Western Sahara;

9. Further welcomes the invitation by the General Assembly to the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity and to the Secretary-General of the United Nations to continue to exert every effort to persuade the two parties to the conflict, the Kingdom of Morocco and the Frente Popular para la Liberación de Saguia el-Hamra y de Río de Oro, to negotiate, in the shortest possible time, in accordance with resolution AHG/Res.104 (XIX) of the Assembly of Heads of State and Government of the Organization of African Unity and General Assembly resolutions 40/50 and 43/33, the terms of a cease-fire and the modalities for organizing the said referendum;

10. Expresses its support for the efforts of the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity and the Secretary-General of the United Nations with a view to promoting a just and definitive solution of the question of Western Sahara, in accordance with General Assembly resolution 40/50 ;

11. Associates itself with the General Assembly's appeal to the Kingdom of Morocco and the Frente Popular para la Liberación de Saquia el-Hamra y de Río de Oro to display the political will necessary to implement resolution AHG/Res.104 (XIX) and General Assembly resolutions 40/50 of 2 December 1985, 41/16 of 31 October 1986, 42/78 of 4 December 1987 and 43/33 of 22 November 1988;

12. 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);

13. 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 as a matter of priority and to report thereon to the General Assembly at its forty-fourth session;

14. Recalls that the General Assembly has invited the Secretary-General of the Organization of African Unity to keep the Secretary-General of the United Nations informed of the progress achieved in the implementation of the decisions of the Organization of African Unity relating to western Sahara;

15. Recalls that the General Assembly has invited the Secretary-General to follow the situation in Western Sahara closely with a view to the implementation of Assembly resolution 43/33 and to report thereon to the Assembly at its forty-fourth session;

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

51st meeting
6 March 1989
[Adopted by a roll-call vote of 24 to none, with
17 abstentions. See chap. IX.]