Tags : Western Sahara, Sahara Occidental, United Nations Security Council, Front Polisario, Morocco, USA, Russia, Algeria, MINURSO,
This afternoon (31 October), the Security Council is expected to vote on a draft resolution renewing the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) for another year, until 31 October 2025. Algeria has proposed two amendments to the text. In accordance with rule 33 of the Council’s provisional rules of procedure, which states that amendments “shall have precedence in the order named over all principal motions and draft resolutions”, the Council will first vote on the Algerian amendments before proceeding to vote on the whole draft resolution, which was authored by the US (the penholder on Western Sahara). Amendments are considered substantive matters and are therefore subject to the veto.
The negotiations on the draft resolution were contentious. The US circulated an initial draft of the text on 22 October and convened one round of negotiations on the next day (23 October). Subsequently, some members submitted written comments. Although the penholder apparently intended to advance with the unchanged initial draft, it still scheduled another round of negotiations for Monday (28 October).
Algeria, however, expressed serious concerns about the negotiations and requested closed consultations at the level of permanent representatives to discuss the matter. The consultations were scheduled for Monday, leading to the cancellation of the second round of negotiations that was planned for that day. At the last moment, Algeria apparently withdrew its request for the closed consultations due to its ongoing bilateral talks with the US. Over the past few days, both sides engaged in extensive deliberations, including at high level, to identify and consider possible solutions to the impasse. The discussions resulted in the US submitting a revised draft text and placing it directly in blue yesterday (30 October). It seems that Algeria still felt that its concerns were not addressed, prompting the member to place its own draft amendments in blue.
This will be the first vote on MINURSO since Algeria joined the Council earlier this year. Algeria strongly supports the right to self-determination for the Sahrawis (the inhabitants of the Western Sahara region) and maintains diplomatic relations with the Sahrawi Arab Democratic Republic (SADR). (For more information on Council dynamics on this file, see the brief on Western Sahara in our October 2024 Monthly Forecast.)
During the only round of negotiations, it seems that several Council members—including France and Seirra Leone—supported the penholder’s approach and called for keeping the draft resolution as is, while some other members suggested edits. Algeria and Russia apparently considered the draft text unbalanced and proposed several revisions.
The penholder sought a straightforward renewal of MINURSO’s mandate, without making substantive changes to the provisions contained in resolution 2703 of 30 October 2023, which most recently extended the mission’s mandate. The US incorporated some new elements in the initial draft text reflecting recent developments. One such change was introducing a new preambular paragraph “welcoming the recent momentum and urging it be built upon to reach a mutually acceptable political solution”.
The US apparently argued that this language has been added in light of factors such as improvements in the mission’s operational capacities. The Secretary-General’s most recent report on MINURSO, which was published on 1 October and covers developments since 3 October 2023, notes that the mission’s observation activities were enhanced by better access to areas near the berm and some improvement in obtaining timely security assurances to move to sites of alleged firing incidents and aerial strikes. During the period covered by the report, challenges related to constraints on MINURSO’s logistical supply improved considerably on the east side of the berm. (The berm refers to an approximately 1,700-mile-long earthen wall that divides the Moroccan-administered portion of Western Sahara from that held by the Polisario Front.)
The last few months witnessed some political developments, such as France shifting its position to fully back the Moroccan autonomy plan as the “only basis” for achieving a political solution. During Council members’ 16 October closed consultations on MINURSO, Personal Envoy of the Secretary-General for Western Sahara Staffan de Mistura apparently introduced an idea for the partition of the territory of Western Sahara between Morocco and the Polisario Front. This plan reportedly entailed creating “an independent state in the southern part, and integration of the rest of the territory as part of Morocco, with its sovereignty over it internationally recognized”. The plan was subsequently rejected by both sides.
While Russia suggested deleting the US-proposed language, Algeria suggested amending the text to take note of the recent developments and urging they be built upon to reach a mutually acceptable political solution which will provide for the self-determination of the people of Western Sahara. It seems that one member suggested adding the terms “just” and “lasting” to the phrase “political solution”. Another member introduced a reference to “improvement in MINURSO’s activities”, in an apparent attempt to clarify the language. In the draft resolution in blue, the US shortened the proposed language to “welcoming the recent momentum and urging it be built upon” and merged it into another preambular paragraph, instead of a standalone one.
One of the main concerns that Algeria and Russia expressed was to have the draft resolution more clearly distinguish Morocco and the Polisario Front from the concerned neighbouring countries, namely Algeria and Mauritania. Algeria proposed that instead of naming Morocco, the Polisario Front, Algeria, and Mauritania, the text would use the term “the parties” and “States of the region” across the draft text. (Over the years, Algeria has argued that it is not a party to the conflict and has opposed attempts that it views as potentially reframing the situation as a “regional conflict”, such as the “roundtable format” initiated by former Personal Envoy Horst Köhler in 2018 and 2019.) This request was not incorporated in the draft resolution in blue, however.
It appears that Algeria reiterated a concern, voiced by Russia in previous years, about the dilution of references in MINURSO resolutions to the referendum and to the self-determination of the people of Western Sahara. In this regard, Algeria, supported by Mozambique, suggested language that would have emphasised the need to achieve a realistic, practicable, enduring and mutually acceptable political solution to the question of Western Sahara based on compromise “which will provide for the self-determination of the people of Western Sahara” in the context of arrangements consistent with the principles and purposes of the UN Charter, and noting the role and responsibilities of the “parties” in this respect. The US, however, did not incorporate this proposal in the draft resolution in blue. (For background, see our 27 October 2023 What’s in Blue story.)
Another contentious issue during the negotiations pertained to language on human rights, which has also been a recurring concern in previous years. The issue of the human rights situation in Western Sahara has been raised regularly in the Secretary-General’s MINURSO reports. According to his 1 October report, the Office of the UN High Commissioner for Human Rights (OHCHR) was unable to conduct any visits to Western Sahara for the ninth consecutive year, despite multiple requests and the Security Council’s call in resolution 2703, which urged enhanced cooperation with OHCHR, including through facilitating visits to the region. The report added that OHCHR continued to receive reports of hindrance, intimidation, and harassment against Sahrawi activists advocating for the right to self-determination, pointing to an increasingly shrinking civic space.
In the initial draft text, the US apparently proposed replacing the term “urging” with “taking note of the call” for enhanced cooperation with OHCHR and thereafter urging such cooperation.
It seems that Algeria proposed operative language that would have expanded MINURSO’s mandate to monitor, help investigate, and report annually to the Security Council, and follow up on violations of international humanitarian law (IHL) and on violations and abuses of human rights committed in Western Sahara. Mozambique apparently supported this proposal. In the first and only round of comments, one Council member apparently suggested an amendment calling for enhanced cooperation with OHCHR and “the United Nations human rights mechanisms”.
None of these suggestions were included in the draft resolution in blue. The US, however, amended some language, as reflected in the draft text in blue, to “strongly urging” enhanced cooperation with OHCHR, including through facilitating visits to the region, and reiterating the call for enhancing this cooperation.
It appears that the US’ draft text in blue did not address Algeria’s concerns, prompting Algeria to request a vote on its amendments to the draft text. A draft amendment in the preambular section notes with “deep concern” that OHCHR has not been able to visit Western Sahara for the past nine years. Algeria also suggested a new operative paragraph noting that the Council could decide to consider expanding MINURSO’s mandate to monitor, help investigate and follow up on violations of IHL and violations and abuses of human rights committed in Western Sahara. The proposed text also resolves to receive annual updates in this regard.
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Post-script: Prior to the vote on the two amendments proposed by Algeria to the US-drafted text, Algeria’s Permanent Representative to the UN, Ambassador Amar Bendjama, took the floor. He said that his delegation had been compelled to submit these two amendments because “the penholder decided to impose its own draft resolution”. He added, “it is the legitimacy of the Council on the subject of human rights that is in question here”.
Subsequently, the Council voted on the two amendments proposed by Algeria. Both amendments failed to be adopted as they did not garner the requisite number of votes. The first amendment concerning preambular language received six votes in favour (Algeria, China, Guyana, Mozambique, Slovenia, and Switzerland), none against, and nine abstentions (Ecuador, France, Japan, Malta, the Republic of Korea [ROK], Russia, Sierra Leone, the UK, and the US). The second amendment to add operative language received five votes in favour (Algeria, China, Guyana, Mozambique, and Slovenia), none against, and ten abstentions (Ecuador, France, Japan, Malta, the ROK, Russia, Sierra Leone, Switzerland, the UK, and the US).
The Council proceeded to vote on the US-authored draft resolution, which was adopted as resolution 2756, renewing the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) until 31 October 2025. The resolution was adopted with 12 votes in favour and two abstentions (Mozambique and Russia). One member (Algeria) did not participate in the vote.
Several members took the floor following the votes. Ambassador Bendjama said that his country decided not to participate in the vote on the US-drafted text for several reasons, including the “attitude of the penholder”. He argued that Algeria’s views were neither considered nor given due weight, but rather “deliberately ignored.” He asserted that the “vote on this resolution changes nothing on the fundamental crux of this issue”, adding that it calls into question the penholder’s impartiality on the issue of Western Sahara.
In his explanation of vote, Ambassador Robert Wood, the US Alternative Representative for Special Political Affairs, said that the US “continues to view Morocco’s Autonomy Proposal as serious, credible, and realistic, and one potential approach to satisfy the aspirations of the people of Western Sahara”. In this regard, he noted that, through resolution 2756, the Council welcomed the recent momentum and urged it now be built upon. Wood underlined the Council’s support for Personal Envoy of the Secretary-General Staffan de Mistura as he “intensifies efforts to advance an enduring and dignified resolution for Western Sahara without further delay”.
Source : What’s In Blue, 31/11/2024
#WesternSahara #Morocco #UN #MINURSO
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