Question of Spanish Sahara

UN General Assembly, Question of Spanish Sahara, A/RES/3292, UN General Assembly, 13 December 1974, https://www.refworld.org/legal/resolution/unga/1974/en/9801 [accessed 19 June 2025]
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XXIX. RESOLUTIONS ADOPTED ON THE REPORTS OF THE FOURTH COMMITTEE
3292. Question of Spanish Sahara

The General Assembly, Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling also its resolutions 2072 (XX) of 16 December 1965, 2229 (XXI) of 20 December 1966, 2354 (XXII) of 19 December 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 December 1969, 2711 (XXV) of 14 December 1970, 2983 (XXVII) of 14 December 1972 and 3162 (XXVIII) of 14 December 1973, Reaffirming the right of the population of the Spanish Sahara to self-determination in accordance with resolution 1514 (XV), Considering, that the persistence of a colonial situation in Western Sahara jeopardizes stability and harmony in the north-west African region, Taking into account the statements made in the General Assembly on 30 September and 2 October 1974 by the Ministers for Foreign Affairs of the Kingdom of Morocco[1] and of the Islamic Republic of Mauritania,[2] Taking note of the statements made in the Fourth Committee by the representatives of Morocco[3] and Mauritania,[4] in which the two countries acknowledged that they were both interested in the future of the Territory, Having heard the statements of the representative of Algeria,[5] Having heard the statements of the representative of Spain,[6] Noting that during the discussion a legal difficulty arose over the status of the said Territory at the time of its colonization by Spain, Considering, therefore, that it is highly desirable that the General Assembly, in order to continue the discussion of this question at its thirtieth session, should receive an advisory opinion on some important legal aspects of the problem, Bearing in mind Article 96 of the Charter of the United Nations and Article 65 of the Statute of the International Court of Justice,

1. Decides to request the International Court of Justice, without prejudice to the application of the principles embodied in General Assembly resolution 1514 (XV), to give an advisory opinion at an early date on the following questions:

"I. Was Western Sahara (Río de Oro and Sakiet El Hamra) at the time of colonization by Spain a territory belonging to no one (terra nullius)?"

If the answer to the first question is in the negative,

"II. What were the legal ties between this territory and the Kingdom of Morocco and the Mauritanian entity?";

2. Calls upon Spain, in its capacity as administering Power in particular, as well as Morocco and Mauritania, in their capacity as interested parties, to submit to the International Court of Justice all such information and documents as may be needed to clarify those questions;

3. Urges the administering Power to postpone the referendum it contemplated holding in Western Sahara until the General Assembly decides on the policy to be followed in order to accelerate the decolonization process in the Territory, in accordance with resolution 1514 (XV), in the best possible conditions, in the light of the advisory opinion to be given by the International Court of Justice;

4. Reiterates its invitation to all States to observe the resolutions of the General Assembly regarding the activities of foreign economic and financial interests in the Territory and to abstain from contributing by their investments or immigration policy to the maintenance of a colonial situation in the Territory;

5. Requests 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 keep the situation in the Territory under review, including the sending of a visiting mission to the Territory, and to report thereon to the General Assembly at its thirtieth session.

2318th plenary meeting
13 December 1974
[1] Ibid., Twenty-ninth Session, Plenary Meetings, 2249th meeting. [2] Ibid., 2251st meeting. [3] Ibid., Fourth Committee, 2117th, 2125th and 2130th meetings. [4] Ibid., 2117th and 2130th meetings. [5] Ibid., Plenary Meetings, 2265th meeting and ibid., Fourth Committee, 2125th meeting. [6] Ibid., Plenary Meetings, 2253rd meeting and ibid., Fourth Committee, 2117th, 2125th, 2126th and 2130th meetings.
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