Question of Western Sahara.

1990/4. 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, Recalling General Assembly resolution 44/88 of 11 December 1989 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, Taking note with appreciation of the resolution on Western Sahara adopted by the ninth Conference of Heads of State or Government of Non-Aligned countries, held at Belgrade from 4 to 7 September 1989, Recalling Security Council resolution 621 (88) of 20 September 1988 on the question of Western Sahara, 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, 1988/5 of 22 February 1988 and 1989/18 of 6 March 1989, Reiterating its support for 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, Conscious of its responsibility to promote and encourage observance of human rights and fundamental freedoms for all,

1. Takes note with appreciation of the report of the Secretary-General on the question of Western Sahara (A/44/634 and Corr.1);

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. Emphasizes the importance of 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 Río de Oro to the joint proposals 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 hold 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;

4. 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 lasting solution of the question of Western Sahara, in accordance with General Assembly resolution 40/50 ;

5. Further welcomes the progress achieved through the joint good offices process and urges 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 continue and intensify their efforts to resolve outstanding problems and thereby to create the conditions necessary for holding a referendum for self-determination of the people of Western Sahara, without any administrative or military constraints, organized and supervised by the United Nations in co-operation with the Organization of African Unity;

6. Notes with satisfaction the establishment of a technical committee to assist 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 in their joint good offices to solve the question of Western Sahara;

7. Welcomes the talks at Marrakesh 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 Río de Oro, and endorses the hope expressed by 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 that further meetings of this nature will take place in order to strengthen prospects for the success of the peace process;

8. Expresses its conviction that continuation of the direct dialogue between the two parties to the conflict could contribute to the successful conclusion of the joint good offices process 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 the restoration of peace in Western Sahara, and to the stability and security of the region as a whole;

9. Associates itself with the appeal of the General Assembly, in its resolution 44/88, to the Kingdom of Morocco and the Frente Popular para la Liberación de Saguia el-Hamra y Río de Oro to display a spirit of co-operation and the political goodwill necessary to ensure the success of the joint good offices process 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;

10. 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 Assembly at its forty-fifth session;

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

28th meeting
16 February 1990
[Adopted without a vote. See chap. IX.]
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