Report of the Secretary-General on the situation concerning Western Sahara
I. Introduction.
L The present report~is submitted pursuant to Security Council Resolution 1920 (2010) ofJO April 2010, by which the Council extended the mandate of the United Nations Mission for the Referendum in Western Sahara (MINUSRO) until 30 April 20 JI, and requested a report on the situation before the end of the mandate, The present report covers developments since the issuance of my report dated 6 April 2010 (SlRES/1920 (2010) and describes the situation on the ground. as well as the status and progress of the negotiations ..
D. Recent developments in Western Sahara
2. Several significant socio-political and security developments took place within the Territory during the reporting period. The situation. reiriforced by the recent series of popular uprisings in the wider Middle East and North Africa region, which called for increased political and economic rights, has given rise in Western Sahara to new challenges to stability and security which may have the potential to alter the conflict's status quo.
3, At the beginning of October. a group of Saharan protesters set up an encampment a1 Gdim Izik, some 15 kilometers south ...east of Laayoune, intended t9 press socio-economic demands on the Moroccan authorities. The camp gradually expanded to comprise up to 6,610 tents according to a UNITARIUNOSAT estimate based on satellite imagery. The number of protesters, which varied significantly over time, is believed to have reached over I S,OOO at the peak.
4. MINlJRSO was not able to monitor the situation hi the camp because the Moroccan authorities impeded its access. Attempted military patrols, as well as visits by United Nations securitY and police personnel, were prevented or stopped on
1 several occasions. Moroccan authorities in Laayoune and the Permanent Mission of
Morocco to the United Nations protested MINURSO's attempts to approach the
I camp, advising that the Mission should not interact directly with the population on
what was described as a purely internal and social matter. Following MINURSO's
~ j
, continuing efforts, the Moroccan authorities eventually allowed one intemational
~
~ j security officer into the camp on 4 November.
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5.
These restrictions of movement violated paragraph 13 of the 1999 Status of Mission Agreement concluded between the United Nations and Morocco and interfered with MINURSO's ability to perform its mandate. In addition, the interception of MlNURSO military patrols constituted a violatio!l of Military Agreement No.1.
6.
With a heavy Moroccan security presence and the continued influx of new protesters, the political and security atmosphere in the area gradually deteriorated, particularly after Moroccan forces shot a 14 year-old Saharan boy to death at the camp's entrance on 24 October in unclear circumstances. As the camp grew in size and the situation became tenser, the United Nations received conflicting information from the parties to the conflict and other sources. Competing communications campaigns by the parties continued until several weeks after the dismantling of the camp.
7.
As the days progressed, the Government of Morocco held meetings with representatives of the protesters to address their grieVances. However, Morocco asserted that some elements were obstructing the implementation of solutions in accordance with what it considered a political and security agenda distinct from the protesters' social demands. Saharan and Moroccan sources also reported that the dialogue with Moro<1co was progressing, but that it was inten-upted by the forceful dismantling of the camp. The Frente Popular para la Liberaclon de Saguia el--Hamra y Rfo de Oro (Frente Polisario) wrote a number of letters to me alleging violations of the protesters' human rights by Morocco, and calling for my intervention to prevent "an imminent humanitarian catastrophe" and for the establishment of a United Nations mechanism for protecting human rights in Western ,Sahara.
8.
On 8 November. despite previous demarches by my Pel'sonal· Envoy for Western Sahara, Christopher Ross, and my Special Representative in Western Sahara, Hany Abdel-Aziz. to their Morocc~ interlocutors in an attempt to discourage any forceful action against the protesters, Morocco launched a security operation at Gdim Izik. In the early morning hours, Moroccan auxiliary forces and police forcefully dispersed the protesters and destroyed the camp, using teargas, water canons, batons, and loudspea}cers mounted on vehicles and helicopters. There is no evidence that live ammunition. or other lethal means, were used. Violence immediately erupted in the city of Laayoune, with groups of Saharans taking to the streets to protest the raid. amid rumours of a high death toll. throwing small improvised explosives and stones against Moroccan forces. and attacking public and private buildings. Later that day, groups of Moroccans attacked Saharan civilian hOmes and their residents.
9.
The unrest, which continued before gradually receding during the following days, resulted in significant casualties and property damage.. The United Nations could not verify either party's account of casualties. MINURSO visited the site of the camp on 11 November but, under the circumstances, was not able to obtain a clear picture of the exact number of protesters, conditions in the camps before it was dismantled, or the number of casualties, .
10, The violence in the aftermath of the dismantling of the camp caused injury to two United Nations staff and damage to two M[NURSO vehicles MINURSO had earlier noted an increase in the number of small security incidents involving United Nations staff and property in the period leading up to 8 November. The Mission took enhanced security measures at its Laayoune headquarters and at team sites,
2.
II, On 29 November, following the violence in Laayoune, the Governor of
Laayoune, Mohamed Jelmous, was replaced with Khalil Dkhil, the first Saharan to
hold the post. Morocco also replaced the head of its gendarmerie in Laayoune and
formed a parliamentary inquiry into the Laayoune events.
]2. Morocco and the Frente Polisario wrote a number of letters to me to convey their respective accounts of the e~ents surrounding Gdim Izik. In a 25 January letter, M_Qroccan~,Fo.!:e.!gn Minister Taieb Fassi-Fihri provided to me the conclusions ,.,of a parliamentary oommi~sion of inquiry, which had investigated the events and concluded that the protesters' "purely social demands" had been "instrumentalized by terrorists and former criminals as part of a plan supported by Algeria and targeting Morocco's unity and stability." (See also para. 9])
13. Since the Gdim Izik events, the general situation in the Territory has remained tense, particularly between the Saharan population and Moroccan forces, Several instances of small demonstrations have been reported in l-aayoune, Smara and Boujdour, with allegations of repression and detention by Moroccan forces, but MINURSO was 110t able to verify those reports. On 26 February in Dakh'la, on the eve of the 35th anniversary ofthe "Sahrawi Arab Democratic Republic" ("SADR"), unrest between Saharan protesters and Moroccan civilians led to the slight injury of several people and the destruction of property.
]4. In early January, Morocco claimed that it had dismantled a 27-member terrorist ring with arms caches some 220 kilometers from Laayoune, and 35 kilometers west of the Berm, alleging that foreign elements from al-Qaeda in the Maghreb cells might have infiltrated Western Sahara. This information, which would suggest a deterioration of the security situation, could not be corroborated by MINURSO.
15.
Amid popular movements in the Arab world seeking political and socioeconomic reforms, including in Maghreb countries, small scale protests were also reported in Morocco as well as within the Saharan refugee camps in Tindouf, Algeria. In Morocco, demonstrations were conducted in the country's main cities on 20 February and 20 March. In the Tindouf camps, a group of Saharan youth organized a 'protest on 5 March, reportedly demanding more democratic participation in the Saharan "government."
16.
Against this backdrop, King Mohammed VI, in a defining address to the nation on 9 March, declared that the country would conduct a "substantial revision of the constitution" to confirm a process of "regionalization" and democratization, and would submit the revision to a referendum, including in Western Sahara. The reform would also promote human rights and expand individual and collective freedoms. King Mohammed VI declared that Western Sahara would be the first "region" to benefit from such reforms
] 7 On 24 March, in a letter addressed to me, the Foreign Minister of Morocco referred to recent establishment by Morocco of a National Council on Human Rights, a strengthened "Mediator Institution" to undertake intermediation between citizens and government administration in support of the rule:: of law and equity, and the Inter-ministerial delegation in charge of human rights. He noted that these' institutions would be "more open" to dialogue and interaction with international NGOs and United Nations Human Rights Council mechanisms. In this regard, the letter indicated that Morocco was "further open to the 33 mechanisms of the United
IQ-30020
3
Nations body" and stated that these new arrangements fully covered the human right dimensions of the dispute over Western Sahara.
18.
Throughout the reporting period, Morocco continued to promote its autonomy plan for Western Sahara .. King Mohammed VI celebrated his enthronement on 30 July and the 35111 anniversary of the "Green March" on 7 November. On these occasions, he praised the benefits of his autonomy proposal for Western Sahara and pledged to facilitate the return ofthe Tindouf refugees. .
19.
On 27 February, the Frente Polisario commemorated the 35th anniversary of the "SADR". During the celebrations in various localities in the Territory east of the berm, the Frente Polisario renewed its call for a multi-option referendum in Western Sahara.
20.
The Frente Polisario protested the European Commission's agreement with Morocco on 25 February of a one-year' extension of the protocol of the EUMoroccan Fisheries Partnership Agreement, which grants fishing rights to vess'els from the European Union in Morocco's fishing zone .. The protocol, which is still to be examined by the COl;lncil of the European Union and the European Parliament for ratification, would be also implemented in the waters adjacent to Western Sahara. On 14 February, the Secretary General of the Frente Polisario, Mohamed Abdelaziz, wrote to me calling for my intervention to ensure that Western Sahara's waters are specifically excluded ·from the Agreement.
m. Activities of my Personal Envoy
21. The period from March 20 I 0 to March 20 II was one of intensified activity both with the parties and neighbouring states. and with other members of the international community. By the .end of the four rounds of informal talks that the parties held during this time frame, they had agreed to future discussion of factors affecting the negotiating atmosphere, as well .as discrete subjects of mutual interest, and had also reaffirmed and in some cases agreed to steps to implement prior agreements on confidence-building measures. They had also succeeded' in conducting their exchanges throughout these four rounds on the basis of fluid and respectful give-and-take and had committed themselves to meeting more frequently. However, on the core issues of the future status of Western Sahara and the means by which the self-determination of the people of Western Sahara is to occur, no progress was registered. The parties continued to adhere to what my Personal Envoy has previously characterized as "unyielding adherence to mutually exclusive positions." In short, they continued to demonstrate the political will to meet at regular intervals, but have yet to demonstrate the political will to break the stalemate.
A. Visits to the region and to the Group of Friends of Western Sahara
22. To follow up on the second round of informal talks on Western Sahara held in Armonk, New York, in February 20 I 0, my Personal Envoy undertook a third visit to the region from ]:7 to 25 March, meeting with the Heads of State of Morocco, Algeria, and Mauritania, the Secretary General of the Frente Polisario, and
4
other senior officials. His discussions confirmed that the negotiating process remained at an impasse. As a result, he requested that all concerned engage in a period of reflection to develop ideas for advancing the process. As he left the region, he also visited Paris on 25 and 26 March to consult with French officials.
13. On 26 March 20 I 0, a dispute over the participation of specific individuals in a scheduled family visit by air led to the suspension of all flights .. In the months that followed, both my Personal Envoy and UNHCR engged unsuccessfully with the parties to seek a resolution that would open the way to the resumption of flights. (See also para. 79)
24.
From 21 June to I July 2010, my Personal Envoy visited the capitals of three members of the Group' of Friends of Western Sahara -London, Paris, and Madrid to encourage their sustained interest in and continued support of the negotiating process and to exchange views on how best to steer that process toward a mutually acceptable political solution. To the same end, he consulted with senior officials in Washington on 16 July and in Moscow from 11 to 14 September. Everywhere, he found recognition of the need to move beyond the status quo, a readiness to work with him and the parties to promote more substantive engagement and more flexible discussions, and agreement on the need to intensify work on confidence-building measures, including the resumption of family visits by air, the early inauguration of family visits by road, and early consideration of other confidence-building measures contained in UNHCR's Plan ofAction of 2004.
25.
A third round ofinformal talks between the parties was to have taken place in early August 2010. However, the sudden death in July of Mr. Mahfoud Ali Beiba, the head of the Frente Pol!sario delegation, made it impossible to maintain this schedule, and the parties concurred that it was best to wait until after Ramadan (11 August to 10 September) and after the High-Level Meetings and General Debate of the General Assembly to meet again.
26.
In mid-September 2010, UNHCR and my Personal Envoy again attempted to resume family-visits by air, but a dispute over proper notifications to the parties and other issues prevented their resumption.
B. Another visit to the region and increased tension
27.
My Personal Envoy undertook a fourth visit to the region from 17 to 26 October 2010 to prepare the way for a third round of informal talks in discussions with the parties and neighbouring states. As in his previous visit, he met with the Heads of State of Morocco, Algeria, and Mauritania, with the Secretary-General of the Frente Polisario, and other senior officials. All reiterated their commitment to the negotiating process, while at the same time restating their red lines on the core issues of the future status of Western Sahara and the form of self-determination of its people. His consultations also provided an opportunity to discuss human rights and terrorism.
28.
This fourth visit coincided with increased tensions arising from the establishment by Saharan residents of Laayoune and Dakhla of camps outside those cities to protest difficult socio-economic conditions, including unemployment, and perceived discrimination. (See paras. 3-8)
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c. The third round of informal talks and exploration of new
approach
29.
The third round of informal talks was held from 7 to 10 November 2010 at the Greentree Estate on Long Island, New York. The opening session scheduled for the morning of 8 November coinciaed with Moroccan action to dismantle the Saharan protest encampment outside Laayoune and subsequent confrontations in the city itsel[ The ensuing tensions threatened to derail the talks, inasmuch as the Frente Polisario delegation questioned the motives and timing of the Moroccan action and the utility of' proceeding with talks as violence escalated. It took a significant effort by my Personal Envoy to convene the opening session, and throughout the round ttie Frente Polisario and Morocco accused each other repeatedly of escalating tensions and engaging in human rights violations in Western Sahara and in the refugee camps in the Tindouf area. .
30.
As became the pattern in succeeding rounds, the first session was devoted to the two proposals that the parties had presented in April 2007 (SI2007/206, SI2007/210). By the end of this discussion, it was clear that, as in the past, neither party accepted the proposal of the other as the sole basis of future negotiations. To foster constructive engagement despite the continuing impasse, and with expert mediation assistance from a member of the Swiss Foreign Ministry, my Personal Envoy proposed to the parties that they reflect on how to c::reate a new dynamic at future rounds by pondering innovative approaches for the negotiating process and identifying subjects that could be discussed irrespective of the final status of Western Sahara -in short examining how to negotiate and what to talk about. The goal was to get the parties to deconstruct their proposals, find subjects to be discussed as building blocks toward consideration of the core· issu~s, and fost~r the gradual emergence of trust and confidence. The parties agreed to incorporate tliis approach into future rounds; in so doing, the parties sought and received assurances that such an approach did not constitute· an abandonment of their respective proposals, but was instead a supplementary way of approaching the core issues.
31.
For the session on confidence-building measures, my Personal Envoy sought and obtained the active participation of the delegations of Algeria and Mauritania in the discussions for the first time, thus deepening their contribution to the overall negotiating process. At the same time, they maintained their insistence that the core issues must be addressed solely by Morocco and the Frente Polisario. In this session, my Personal Envoy stressed that present and future confidence-building measures were humanitarian in nature and must not be subjected to political considerations. This being so, he asked that family visits by air resume unconditionally and without delay, and the parties agreed. To permit a full review of current and proposed confidence-building measures, my Personal Envoy also proposed that delegations from the parties and the neighbouring states meet with UNHCR in Geneva in his presence in early February 2011, and all agreed.
D. The fourth round of inforlllal taBu
32. The fourth round of informal talks was held from 16 to 18 December 20 I 0 at the same venue as the third. The April 2007 proposals of the parties were again
6
presented, and again each party continued to reject the proposal of the other as the
sole basis for future negotiations. As agreed at the previous round, the parties
engaged in preliminary discussions on ipnovative approaches and on subjects to be
discussed. However, the atmosphere was again affected by the aftermath of the
events in Laayoune, with each party accusing the other of human rights violations
and questioning the other's political will to find a solution to the conflict. At the
end of the round, my Personal Envoy called upon the parties to create a new
·-----'-'-dyn'alllic-;n""'"20'l"1-on-the-basis-oheguIarllleetirrgs-amI-to-avoid-actionr'thar-----'-------'----.., undermined the creation of the atmosphere of trust needed for progress to be made.
E. The fifth round of informal talks
33. The fifth round of informal talks was held from 21 to 23 January 2011 at the same venue as the previous two. Again, the parties continued to reject each other's proposals as the sole basis of future negotiations. As agreed at the previous round, and with the assistance of the Swiss expert, my ~ersonal Envoy invited the parties to continue their exploration of innovative approaches and subjects for discussion. The parties responded by making concrete proposals for over a dozen innovative approaches and some ten subjects for discussion. Most of these were couched in terms that served the agenda of one or another of the parties, and, as a result, they were unable to reach a consensus on any of them other than the "innovative
approach" of having my Personal Envoy intensify· and diversify his activities To achieve more progress at the next round, he asked the parties to prepare a revised list of innovati:ve approaches and subjects for discussion, putting aside the most controversial elements and, where possible, recasting others in terms to which both parties could agree.
F. Geneva meeting on confidence~building measures
34. As agreed at the third round of informal talks, delegations from the parties and neighbouring states met with UNHCR in the presence of my Personal Envoy and my Special Representative on 9 and 10 February 20 I I in Geneva. (See para. 85)
G. The sixth round of informal talks
35.
The sixth round of informal talks was held from 7 to 9 March 20 II in Mellieha, Malta with logistical assistance from the Government of Malta. In opening this round, my Personal Envoy asked the delegations of the parties and of the neighbouring states to reflect on the implications o'f the protest movements sweeping the Middle East-North Africa region for the Western Sahara negotiating process and suggested that, to minimize the dangers to their own sub-region, the parties would do well to begin negotiating seriously, while the neighbouring states could lend greater assistance to the process.. .
36.
To focus the opening session on the two April 2007 proposals, my Personal Envoy asked the delegations of the parties to summarize the various questions that
10·30020
7
each had asked of the other with regard to the two proposals, beginning with the first round of informal talks held in Austria on 9 and 10 August 2009.
37.
The Frente Polisario delegation reviewed the questions it had asked -over a dozen in all -on substantive aspects of the Moroccan proposal. In previous rounds, tbe Moroccan delegation had ~efrained from replying to those questions. arguing ttlat they were being posed solely in the framework of the ~rente Polisario's proposal for a referendum that included independence as an option. On this occasion. the Moroccan delegation did provide answers that clarified many aspects of its proposal.
38.
The Moroccan delegation for its part put forward a list of some nine questions on the Frente Polisario's proposal. These dealt largely with the origins and timing of that proposal, its seeming inspiration from the last peace plan put forward by my Former Personal Envoy, James Baker, and its omission of any discussion of the option of autonomy_ No questions were asked on that portion of the proposal that described the parameters of the relations with Morocco that the Frente Polisario offered in the event of independence. The Frente Polisario delegation refrained from answering most of these questions, arguing that they were out of place, ignored the essence of the Frente Polisario's proposal, and sought to blame it for not addressing the option of autonomy.
39.
At the session on innovative negotiating approaches and discrete su~jects for discussion to be examined in detail at future meetings, the patties engaged in extensive exchanges on the various proposals put forward in the course of previous rounds. With regard to su~jects to be discussed, the parties agreed to examine two proposals: the demining program and the natural resour.ces of Western Sahara and their use. With regard to innovative negotiating approaches, the parties finally agreed to examine three proposals: what constitutes provocation and how to avoid it, what measures can be taken to calm the situation [apaisement], and what diversified and complementary forms of activity my Personal Envoy can undertake.. After lengthy exchanges that highlighted fundamental differences between the parties as to the parameters of any eventual discussion, the issue of human rights, proposed by the Feente Polisario delegation at previous rounds and embraced by the Moroccan delegation at this round, was withdrawn at the request of the Frente Polisario delegation itself
H. Next steps
40. The agreements reached to date, particularly those with regard t.o subjects for future discussion, provide a considerable agenda for future meetings. However, much will depend on the motivations and spirit of tbe parties as they proceed to engage on them. A total lack of trust continues to haunt the negotiating process, and each party harbours deep suspicions of the otber. The Frente Polisario delegation has voiced concern that Morocco is exploiting the exploration of innovative approaches and discrete subjects for discussion both to divert the talks from examination of both April 2{)07· proposals and to present the internatip~al community with the appearance of progress in the lead~up to renewal, of MINURSO's mandate. The Moroccan delegation for its part has voiced concern that the Frente Polisario is attempting both t.o steer the talks back to James Baker'S last
8
peace plan instead of embracing Morocco's autonomy proposal and to present the international community with the conclusion that no significant progress has been made on the core issues of the future status of Western Sahara and the exercise of se 1 [·determination.
41, The parties have agreed to hold a seventh round of informal talks in May 2011
to examine the April 2007 proposals yet again and to take up discussion of one Dr
more of the innovative almroaches or discr~e suAjects ~greed at the sixth round . ..1!L
addition, the parties have agreed in principle to hold further rounds regularly until
enough progress has been made to convene a round of formal negotiations. As this
process unfolds, ample opportunities will exist for the parties to confirm their
intentions, demonstrate the political will not only to continue meeting, but also to
engage in genuine negotiations, and accept greater shared ownership of the
negotiating process. These more frequent meetings will also give the parties and the
neig~bouring states, as they have in the past, informal opportunities to exchange
views and clarify positions on important regional and bilateral issues of common
interest .
42. At appropriate moments in the flow of successive rounds, my Personal Envoy intends to travel to the region, including Western Sahara itself, and to the capitals of the Group of Friends of Western Sahara, other members of the Security Council, and other governments and regional organizations with an interest in settlement of the Western Sahara conflict.
Iv. Activities on the ground
A. Military
43. As of 15 March, the military component of MINURSO stood at 233 personnel, including administrative and medical unit officers, against the authorized strength of
231. The Mission currently has six female military observers from Croatia, Hungary, Ireland, and Mongolia, as well as two female medical officers from the Bangladeshi Medical Unit. I would welcome further deployment of female officers by troopcontributing countries, both for operational reasons and to improve the Mission's gender balance. During the period under review. the number of French-speaking military observers increased from 19 to 2], Arabic-speaking military observers remained at 32, while Spanish-speaking observers decreased from 27 to 25.
44.
MINURSO's military component is still deployed in nine team sites, a liaison office in Tindouf, and a small liaison presence in Dakhla.
45.
From 1 April 2010 to 15 March 2011, MINURSO performed 8,168 ground patrols and 710 aerial patrols (including air reconnaissance), visiting and monitoring units of the Royal Moroccan Army and the military forces of the Frente Polisario and monitoring adherence to the military agreements. During that period, extensive use of helicopter patrols remained the most efficient method of monitoring, although day and night ground patrolling continues to be tbe most effective way of assessing and investigating allegations, violations, and requests in line with Military Agreement No. I.
10·30020 9
46.
MINURSO. continued to maintain good relations with the Royal Morocc/ln Army and the Frente Polisario. However, both sides continued to abstain from dealing directly with each other. All known contacts between the two armed forces continued to take the form of written communications through MINURSO,
47 MINURSO observed and recorded 126 new violations by the Royal Moroccan Army, representing a considerable increase from the 24 recorded during the previous reporting period. Violations by the Royal Moroccan Army included the construction of new buildings (75 violations involving construction of 166 shelters 'in 75 different observation posts and living accomm~dation) along a temporary deployment line 15 kilometers west ofthe berm, all without MINURSO's prior approval. In November 20 I 0, during the violence in Laayoune, the Royal Moroccan Army moved troops and military assets on five separate occasions without prior notification to MINURSO in violation of Military Agreement No. L the Royal Moroccan Army also conducted maintenance work on the berm in ten different occasions without approval from MINURSO, built four new supportive stone walls along the berm, enlarged four existing stone walls, redeployed four long-range (M-48) tanks from sub-sector Amgala to sub~sector Guelta .Zemmour and Haouza, and constructed two new trenches in Bir Gandouz area in contravention of Military Agreement No.!.. It also installed one new radar in the Awsard area, despite MINURSO's objections.
48.
MINURSO observed a total of 12 new violations by the Frente Polisario Military Forces, an increase compared to the five recorded during the previous reporting period. Those violations were related mainly to the incursion of military elements, including some equipment, into the buffer strip. redeployment of one observation post. unauthorized maintenance of a building in the restricted area. and redeployment of weapons in the Tifariti area.
49.
The parties' long-standing violations, which they have yet to redress despite MINURSO's protests, have also worsened since my previous report. In July. the Royal Moroccan Army conducted tactical reinforcements, deploying 26 command vehicles in six sub units in Guelta Zemmour, reportedly to replace others which were in a state of disrepair. In November. it moved one radar from Guelta Zemmour to Bir Gandouz. During the period, it also enlarged four already existing stone walls and built four new ones. Two new long-standing violations by' the Frente Polisario were recorded with the redeployment of one observation post in the Agwanit area in June, and moved one piece ofanti-aircraft ~rtillery to the Tifariti area in June.
50.
Over the past year, restrictions on the freedom of movement 9f MINURSO military observers by both parties increased significantly. The Frente Polisario committed 8 I freedom~of-movement violations in Mehaires, Tifariti, and MUek. The Frente Polisario told MINURSO that these violations were carried out as part of a review orits relations with the United Nations due to its frustration over the lack of progress of its demands for the organization of a referendum on self determination and an independent mechanism for the protection of human rights in the Territory. The number of restrictions abated after MINURSO met with Frente Polisario representatives to address the situation. agreeing to provide the Frente Polisario with copies of its flight schedules and passenger manifests, as well as details of the composition of ground patrols crossing the berm, as this information was being routinely provided to the Moroccan authorities on the other side of the berm.
10
51, The Royal Morocc.an Army committed four freedom-of-movement violations
when MINURSO was prevented from visiting military units in Baggary and Awsard
sub sectors. As stated above, the Royal Moroccan Army also violated the freedom
of movement of MINURSO's military personnel by restricting access to and
monitoring ofthe Gdim lzik camp.
52. The increased violations committed by each of the parties did not constitute a .....threat to_~.gi.onal ~fruy.And security. However...!b~Jl: are illustrative of a degree of
-'-"""----.. .............."""t'"!
erosion in. the standing of Military Agreement No. I and. more generally. a decline
in the parties' relationship with M1NURSO as military observer of their adherence
to the letter and spirit of the ceasefire and of the situation in the Territory. They
should also be seen in the context of the general lack of progress and continuation of
the status quo in spite of MINURSO's 20-year presence
53, MINURSO also received from each party a number of allegations concerning
violations reportedly committed by the other party. During the period under review,
the Royal Moroccan Army submitted 21 allegations of violations of Military
Agreement No.1 against the Frente Polisario, which, in turn, raised 8 allegations
against the 'Moroccan forces, MINURSO communicated all allegations to both
parties in writing,
54. Most ofthe Royal Moroccan Army's allegations referred to claimed incursions
by Frente Polisario soldiers, movement of vehicles with uniformed personnel,
construction of shelters, and sounds of explosions inside the buffer strip. After
verification by MINURSO, none of these allegations could be confirmed owing to a
lack of evidence. The Frente Polisario's allegations against the Royal Moroccan
Army related to the raising of the berm's height, sounds of explosions.
reconnaissance overflights by helicopters, unmanned aerial vehicles (UAV's) and
. fighter aircraft, and the improvement and reinforcement of the berm by mechanical·
means. After verification by MINURSO, one Frente Polisario allegation. was
confirllled as a violation: the improvement of defense infrastructures on tbe berm in
Awsa(d. Other allegations could not be confirmed owing to a lack of evidence.
Allegations of reconnaissance overfligbts by UAV's could not be verified due to the
Mission'5 lack of technical capability for ground to air surveillance. However,
UAV's were observed at Laayoune airport.
55.
The establishment of ajoint military·verificati()n mechanism would be of great
added value in this context.. Despite my past calls to this end (S/20 10/175, para.
74), the parties have not yet indicated their interest in pursuing this initiative.
56.
MINURSO also received and reviewed 350 requests from the Royal Moroccan
Army regarding the construction or maintenance of buildings and facilities used by
military personnel and the maintenance and destruction of mines and explosive
remnimts of war in the restricted area. Of these requests, MINURSO approved 279
and rejected 64, The Frente Polisario did not make any r.eqiJests during the period
under review. '
57.
MINURSO received 276 notifications from the Royal Moroccan Army
concerning firing and tactical training exercises, movement of troops, equipment
and tanks, VIP and maintenance helicopter flights, and the destruction of mines and
explosive remnants of war in the area of limited restrictions. MINURSO received
31 notifications from tbe Frente Polisario forces regarding training and firing
10-30020 11
exercises, construction of new buildings, and visits in the area. of limited restrictions. MINURSO monitored all the notified activities.
58.
F'oreign Minister Fassi-Fihri and Morocco's Permanent Representative to the United Nations wrote to me _on two occasions to complain that certain violations as determined and reported by MINURSO, did not infringe on the ceasefire but were in filctjustified by the security enhancement necessary to combat potential terrorist and smuggling activities, which have increased in the Sahara region over recent years, The Moroccan military authorities, conveying the same complaints to MINURSO, requested a revision of Military Agreement No. I that would take into account the changed circumstances prevailing in the region, Following up on this request, MINURSO has approached the Frente Polisario's military authorities who have confirmed their agreement in principle to consider the possible revision of the Agreement.. MINURSO is currently working with both parties to seek their views on potential amendments to be agreed in identical terms with each side. •
59.
MINURSO, within its capabilities, also provided medical support for UNHCR's programme of confidence-building measures and emergency medical services (including casualty evacuation) to the local population on a humanitarian basis. During the reporting period nine such evacuations were conducted for the benefit of the local population east of the berm.. The F'rente Polisario has expressed its appreciation for the assistance.
B. Mine action
60.
The widespread contamination' from land mines and explosive remnants of war throughout Western Sahara continues to pose threats to its population, as w~lIas to MINURSO Military Observers and logistics teams. Despite the lack of reliable data on mine fields, due to the vastness of the Territory and the unavailability of information on mine fields, particularly west of the berm, the prevalence of mines in the region remains a reality.
61.
During the reporting period, a total of eight accidents were reported, involving one death and 18 injuries among the local population. This represents a decrease in the number of accidents from the previous reporting cycle, when ten accidents were recorded involving three deaths and 12 injuries (S/20101l75, para, 40) These achievements are attributed to an increased mine awareness among the population, improved supervision of clearance activities by MINURSO's Mine Action Coordination Center (MACe) as well as the implementation of lessons learnt d!-lring the previous year.
62.
Mine clearance activities continued on both sides of the Berm . .In Frente Polisario-controlled areas east of the Berm, the work was done by the United Nations contractor Landmine Action U.K. (LMA), while work west of the Berm was conducted by the Royal Moroccan Army.
63.
LMA, with three clearance teams of 12 operators each and one explosive ordnance disposal team of six operators cleared cluster munitions and unexploded ordnance in 6,830,492 square meters of land east of the berm: This represents a considerable increase compared to the 24,957 square meters of land cleared during the previous reporting period.
12
64.
Mine action operations on both sides of the berm, resulted in the destruction of
6,514 anti-tank mines, 741 anti-personnel mines, 1,512 unexploded ordnance, 6,344
cluster bomb units, and 6,138 other explosive ordnance.
65.
On 28 February, the Frente Polisado destroyed 1,056 anti-personnel mines in
stockpiles on the occasion of the 35th anniversary of the nSADR" in .line with its
obligations under the "Deed of Commitment Under Geneva Call for Adherence to a
total ban on Anti-Pers9nnel Mines and For Cooperation in Mine Action."
.--~.-',--,--....~."'.--~Mq..A~---'""''"~
66.
The United Nations places great emphasis on the maintenance of a reliable
database on· land mines and explosive remnants of war. To this end, MACC
continued to provide Information Management System for Mine Action (lMSMA)
training and technical support to LMA.
67.
In line with Security Council Resolution 1325, Landmine Action has
incorporated gender mainstreaming in its operations, engaging nine Western Saharan
female staff into its battle area clearance teams and field headquarters operations ..
LMA's work force is made up entirely of individuals from the local population, with
the exception of two technical advisors. These technical advisors, along with
visiting technical experts, have provided the local staff with vital skills including
technical mine clearance, administration, and medical response.
c. Persons unaccounted for in the .conflict
68. The International Committee of the Red Cross continued to work with the
parties and families concerned in pursuing the question of persons still unaccounted.
for in relation to the conflict,
D. Assistance to Western Saharan refugees
69.
The office of the United Nations High Commissioner for Refugees (UNHCR),
the World Food Programme (WFP), and the World Health Organization (WHO), in
conjunction with the European Commission Humanitarian Aid and CiviJ Protection.
(ECHO), the Spanish Agency for Cooperation and Development, and several
international and local non-governmental organizations, continued to provide
assistance and protection to Western Saharan refugees in the camps near Tindouf,
Algeria.
70.
The main areas of support include food distribution, water and sanitation,
education, transport and logistics, health, agriculture, shelter, protection, and
community services.
71.
In 2010, WFP provided 90,000 general food rations and 35,000 supplementary
general food rations to the most vulnerable refugees monthly. It also distributed
around 25,200 tons of assorted commodities, including a diversified food basket,
commodities for school feeding and nutritional activities. UNHCR provided
complementary food. The two agencies also conducted 4S general food basket
distribution visits to different food distribution points in the camps each month, as
determined by ajoint needs a.ssessment. .
72.
WFP collaborated with UNHCR and other partners to produce a nutrition
strategy and the integration of activities in child health and nutrition. A joint
10-30020 13
nutrition survey conducted in October and November 2010 will serve as a baseline of the interventions under an integrated framework.
73.
UNHCR continued to supply the refugees with potable water, constructing new water networks to. reduce the cost of water delivery by truck.. Solidaridad lntenlational, a Spanish NGO, with funding from ECHO and UNHCR, inStalled water systems in Smara camp to benefit about 34,000 refugees. A similar system had been built in Dakhla and Awsard camps. In Laayoune camp, a new osmosis system was installed, renewing the 24 kilometre water pipeline with Awsard camp. Local staff members at the Saharan water department received training on technical aspects of water treatment
74.
In the education sector, UNHCR provided 127,540 school books, covering about 80% ofthe overall needs; UNHCR rehabilitated two primary schools in Smara and Laayoune camps, and trained 1,756 teachers in curriculum and pedagogy. An additional ten Saharan refugee students, among 103 students who passed their Baccalaureate exam, were awarded scholarships. So far 25 students are recipients of UNHCR scholarships since 2008. UNICEF also provided SChOlll furniture.
75.
In 20 I 0, UNHCR supplied one third of the cooking gas requirement, in complement to the supply provided by the Algerian Red Crescent UNHCR also provided clothing to schoolchildren, traditional Saharan clothing to women and 2,200 tents and materials for tents.
76.
In the health sector, UNHCR and WFP, through their implementing partner, the Algerian Red Crescent, provided a supplementary feeding program to moderately malnourished children under five, and pregnant and lactating women in all camps. UNHCR also provided support to the nursing school, conducting training courses for nurses and midwives, and supplying products and teacbing aids. In the agriculture sector, 55 refugees in Dakbla camp benefited from greenhouses, seeds, water pumps, and training. UNHCR continued supporting the vocational centres for women, youth, and handicapped persons.
77.
10 enhance the protection of refugees, UNHCR supported the legal establishments in the :lindouf camps. Incentives and training were alsa provided to lawyers and judges, UNHCR has cammenced construction of new field offices in all the camps to enhance refugee protection and bring services closer.
E. Confidence~buildiDg measures
78. UNHeR, with logistical assistance from MINURSO, continued to implement the Confidence Building Measures programme to facilitate contact and communication between Western Saharan refugees in the Tindouf camps and their families in the Territory.
19. However, the excbange of family visits by air and the free telephone services, which are the main components of the CBM programme, experienced significant setbacks during the reporting period.
80. The family exchange programme between locations In the Territory and the Tindouf refugee camps was halted on 26 March, due to a disagreement between the parties over the elegibility of a beneficiary. Subsequent attempts to re-Iaunch the programme on 2 April and 17 September failed .As a consequence of these actions,
14
some 1,740 potential beneficiaries lost the chance to benefit from this vital humanitarian service.
81.
The' free telephone service is interrupted since 20 September, following the failed family exchange flight of 17 September82.
Following intensified efforts made by the UN High Commissioner for Refugees, Ant6nio Guterres, and my Personal Envoy Christopher Ross, to engage
-""··---·"·""··-·""""·-"····"-7~"··the-Jlarties;"'UNHeR"·chaired~allleeting~in--Geneva~-on"9~and~10~·February;-with~~··-·".-~..-,"~"-,,"-...----;,, representatives from both parties, as well as Algeria and Mauritania as observers My Personal Envoy and Special Representative for Western Sahara also attended.
83.
During the two days of deliberations, the participants reaffirmed the importance of the CBM programme and the need to find ways and means to maximize the links J?etween the families divided by the conflict for over 35 years.. The Parties .expressed their commitment to cooperate fully with UNHCR in implementing the 2004 Plan of Action, in accordance with its mandate and principles, and to preserve the humanitarian character ofthe CBM operation.
84.
The Parties and the two neighboring countries agreed to the following conclusions aiming to increase the number of beneficiaries from the CBM programme:
a.
The seminars wili be re-Iaunched, with the first one to be held dU.ring the second half of 2011 in Madeira, Portugal. .
b.
UNHCR, jointly with MINURSO. will deploy a reconnaiss~nce team to conduct a road technical feasibility assessment mission on 18 April. UNHCR will also look into the feasibility of providing a larger aircraft for the family visits by air.
c.
The mail services and the resumption of the telephone centers were agreed upon in principle. UNHCR will provide some proposals for further consideration and discussion.
d.
UNHCR will submit to the parties for approval one single list of beneficiaries, after verification is completed by UNHCR through full and unhindered access on both sides. UNHCR is working on the preparation to implement this system by July 201 L
e.. As this was the second such meeting since July 2000, it was agreed to hold regular coordination meetings at least twice a year, in Geneva. The next meeting is proposed to take plaoe in September 20 II.
f. An evaluation meeting will be held in December 201 L
85.
The family visits by air were resumed on 7 January 20ll. Since then, eight round-trips have been conducted, enabling 894 persons to travel or receive relatives on both sides.
86.
Since March 2004, out of 41,237 Saharans registered, a total number of 13,942 persons (~()% of those registered), m~stly women, children and elderly, have benefited from the family visits, The remaining 27,295 are waiting to benefit from the activi~.
87.
On 25 February, UNHCR was not able to include one Sahrawi refugee in the family visit by air, after Morocco refused in writing his participation in the
10·30020
15
programme due to alleged crimes committed by the individual in Laayoune in 2001. The Frente Polisario claimed that the move was politically motivated. The refugee began a hunger strike in protest.
88. Further to the recommendation made in my' report of 6 April 2010 (S120 10/175, para. 75), and in line with its mandate and established practice, UNHCR will continue discussing With the host country the need for registration in Tindouf refugee camps.
F. Irregular migrants
89, During the reporting period, 17 irregular migrants were recorded in Western Sahara. The Frente Polisario handed them over to the Mauritanian authorities in Zouerate on 1 September 2010.
G. Human rights dimension
90. The broad outline ofthe events attendant to the establishment and dismantling of the Gdim Izik protest encampment are set out at the beginning of tbis report. The human toll is not clear as the parties have provided conflicting figures and independent means of verification are scarce, Moroccan authorities announced that 11 of its security agents and two civilians had been killed while 70 security agents and four civilians were wounded on this occasion and during the subsequent outbreak of violence in Laayoune. -Moroccan authorities released a 144 minute video of edited coverage of the dismantling of the camp and subsequent events in Laayoune, showing acts of violence by Saharan protestors against Moroccan security, forces, 'including a protestor at the camp seen to' be defiling the body of a security officer. Shortly after the incident, Frente Polisario claimed that 36 Saharans, including an eight year-old child were killed. more than 700 wounded. and 163 went missing. It is undisputed that, on 24 October, a 14 year-old Saharan boy, al-Najem al-Kareh, was killed and four others were wounded by Moroccan security forces while making their way to the camp, but accounts of the circumstances ofthe incident differ.
9 L According to local and international human rights organizations, on 8 November, following the dismantling of the camp. Saharans in Laayoune reportedly attacked and set fire to property belonging to Moroccan citizens or Saharans thought ,to be pro-Moroccan. The same day Moroccan citizens allegedly attacked Saharan civilian homes and their residents, reportedly in the presence of or with the active participation ofMorocca,n security personnel in most cases. '
92. Credible investigations by local and international human rights organizations found that over 200 Saharans, including children, were detained. Many Saharans, including women, elderly, and disabled persons, have alleged that they were subjected to torture or ill-treatment, including threatened of or actual sexual violence, during the dismantling operation or While in detention. Families of detained Saharans asserted that they were unable to obtain information about the whereabouts of their relatives, in many cases for over two weeks, leading many to fear that they had been killed. While some of those detained were released, a Moroccan parliamentary commission (see Para, 91) noted that, by January, judicial
16
proceedings had been initiated in relation to over 185 Saharans, including the referral of 19 to the jurisdiction of the Military Court, one to a juvenile court, and 132 to the Laayoune Court of Appeal. At least five of those referred before the Military Court are members of Saharan human rights organisations ..
93. On 27 November, the Moroccan Lower House established a fact-finding commission to investigate the establishment and dismantling of the camp, the events
~.~~..~~._.~...........~.~~__ ._.. mJ..~()U!!~)...Jl~.d. theJ.Ll!!1..PJi.c,:ati.Q!l~._Ih~.9J>~I!}.!TI.j~!.Q.~...J!!}:'~I!C;g.JQ.....t~~_I~l!i!2J)" .._...,...~,,,.___.__.. _.,._~".._.~_,_.;,, heard 122 witnesses and published its report in January. Among other things, the report concluded that, in a context of considerable socio-economic disparities in the Territory. the camp had been set up initiaJly as a social protest but that "criminals. those with a criminal record, and a group of terrorists" took over. It confirmed the official figures of fatalities and noted that 238 security personnel and 134 civilians
. were injured, It expressed appreciation that live fire was not used in order to protect civilians, noted that equal measures were not put in place to protect security personnel, and called on the justice system to punish criminals. The Commission noted limited abuses in the "search and arrest" operations, which thereby warrants the justice system to pay due attention to complaints of abuses. The report also put forward several recommendations, including the need to address the underlying causes of the protest and to identify responsibility for allowing the installation and the expansion of the camp. It also shed light on the failure of the local authorities to fulfil several of their responsibilities and recommended the opening of an investigation to define responsibilities for violations in certain sectors, notably housing, the management of state properties and real estate, fishing licences. and social assis~ance. The Commission recommended compensation for residents, businessmen, and investors whose properties had been damaged. Based on its discussions with the General Crown Prosecutor, the Commission expressed confidence that justice "will take its natural course in guaranteeing the right of every citizen toa fair trial". .
94.
According to the Commission's report, disparities among populations of the Territory were considerable despite significant advances in socio-economic indicators and investment in infrastructure. The report noted that social services from social honsing, to social assistance programmes and subsidised consumables benefited a small group rather than the majority of the popUlation.
95.
Local and international human rights organizations noted that protestors at the camp were calling for their right to work, and to adequate housing and for an end to the marginalization and the inequitable distribution of resources in the Territory. Local organizations highlighted that Saharans suffered from high levels of unemployment as a result of discriminatory employment practices and despite e,nployment opportunities, notably in the phosphate and fishing industries l.ocal and international organizations also stressed that no information had been received to date to indicate that criminal investigations and prosecutions had been effectively launched into alleged violat.ions of the rights of Saharan civilians by security forces or into attacks against them and their propertie~ by Moroccan civilians.
96 As referred to in para. 13 above. incidents took place between two groups of Moroccan and Saharan civilians as of the early morning of 26 February in Dakhla. Further incidents took place when approximately 400 Saharans demonstrated later the same day. Local sources added that the demonstration was triggered by the inaction of security forces when Moroccan youths Teportedly attacked three Saharan
10·30020
17
neighbourhoods. allegedly destroying shops and other property belonging to Saharans in the presence of security forces. While Moroccan civilians suspected of participating in the attacks were reportedly arrested, no information was available as to whether an investigation was opened into the conduct of the security forces. Media reports indicate that the local authorities have committed to launch an inquiry into the material damage caused during the violence and consider possible reparations.
97.
Saharan human rights defenders and activists continued to report impediments to their ability to operate. The trial of seven well-known Saharan activists, including one woman, charged in relation to their highly publicized visit to the Tindouf camps in October 2009, is ongoing .. On II February, the Ain-8ab'a Court of First Instance in Casablanca postponed its decision indefinitely to facilitate further investigation. Defence lawyers complained that the trial failed to adhere to international standards for fair trial.
98.
Following the dismantling of the camp, the Moroccan authorities allowed international human rights organisations, such as Amnesty International and Human Rights Watch. and foreign journalists -with some restrictions -to visit the Territory and to carry out their work, in particular to investigate the camp incident and to make their findings public. This notwithstanding,. instances of iII·treatment of individuals COnducting visits in solidarity with the people of Western Sahara or participating in demonstrations in the Territory calling for the Implementation of UN resolutions on its status were reported, '
99.
With regard to the human rights situation in the refugee camps in Tindouf (Algeria), information remains Iimiteii. In recent years, ailegations of violations were reported, notably of the rights to freedom of expression and movement. In September. the Frente Polisario arrested Mostapha Selma Sidi Mouloud, a "SADR" police officer, on his return from the Territory to the camps, where he resided. While in detention, his exact whereabouts were unknown. The Frente Polisario reportedly accused Mr. MOl.lloud of espionage and treason after he publicly expressed his support for a degree of autonomy for the Territory under Moroccan sovereignty. In October, the Frente Polisario released Mr: Mouloud, handing him over to UNHCR.
H. AdminJstration of the Mission and security measures
100. Facility and infrastructure maintenance at MlNURSO team sites are in the final stages of completion,. At the Mehaires. Agwanit, and Mijek team sites, soft wall accommodation will be replaced with hard wall accommodation by mid 20 I 2. Six other team sites have already had their soft walls replaced with hard wall accommodation. Plans are also underway to replace the soft wall kitchens in all the nine team sites with hard wall kitchens over the next two years;
10L Since my previous report, MINURSO has installed water-treatment plants in team sites Smara and Tifariti in addition to Mahbas and Bir Lahlou, and at Mission headquarters in Laayoune. The Royal Moroccan Army is continuing to assist in the rehabilitation of the desert airfield at Awsard. Work on this project, which has been delayed due to equipment failure and bad weather, is anticipated to be complete by July 20H.
18
102_ The Mission has launched an environinental protection programme, in line with my efforts towards "greening the United Nations" and the promotion of sustainable energy. The Mission has installed a waste water treatment system at team site Mahbas and plans to have the technology installed in all nine team sites by 2014. The Mission is also replacing electric water heaters and electric security lights with solar-powered water heaters and solar security lights. Trials of the Fuel Farm and Security Access Control at the Mission Logistics Base have found them
~--~------'~-----~-'--'-'--effective-and-therwillbe"installed-at-remotelocations"such"as"'helipad-refueling ..........-.--...--~...--....-....-,.-.. --,-.".,., facilities in the team sites.
103. The reporting period saw an increase in security incidents involving United Nations stEiff. A total of 14 incidents were recorded, with the majority occurring in the aftermath to the violence in Gdim Izik and Laayoune in November 2010, Incidents included assault with weapons and threats of physical attacks on UN staff, vanda:Iism of UN vehicles and other property, harassment of staff, intrusion into private residences, attempted robbery, an~ sabotage.
104, While most cases occurred in Laayoune, Tindouf also recorded incidents. During th~ unrest in Gdim Izik and Laayoune on 8 November, two staff members were injured while two vehicles were destroyed by stone-throwing in Laayoune. At tile Tindouf Liaison Office and Tifariti and Mijek Team Sites, quick action by Frente Polisario security forces prevented demonstrators expressing solidarity with Gdim Izik protesters from entering UN premises.
lOS. In Tindouf, the UNHCRICBM sign at 27 February camp was damaged by
angry demonstrators on IS November. Earlier on 3 June, the UNHCR's sub office
in Rabouni camp was broken into and United Nations and private property stolen.
106. The Mission took measures to mitigate these incidents and threats, including the installation of 11 cameras at United Nations premises, and continues the use of X~ray machines and observation mirrors at all entrance and exit points.
I. Conduct and discipline issues
107. The Mission has continued to give priority to the conduct and discipline of its civilian and military components, focusing mainly on prevention through training on rules and regulations, United Nations core values, and procedures for handling misconduct. During the reporting period, eight cases were reported, including one sexual abuse and exploitation allegation. The majority of cases were already investigated and closed by the Mission, leaving only one allegation from 2010 under investigation.
V. Mrican Union
108.
MINURSO continued its cooperation with the observer delegation of the African Union led by its Senior Representative, Yilma Tadesse of Ethiopia. I wish to reiterate my appreciation ofthe African Union for its contribution.
109.
On .26-28 August, my Special Representative in Western Sahara attended a high level meeting in Cairo, Egypt, where common strategies and enhanced cooperation towards advancing peace in Africa were discussed10
·30020
19
110.
On 23 September, at the invitation of the African Union, my Special Representative in Western Sahara visited the African Union Headquarters in Addis Ababa for high level meetings and briefings on efforts by the United Nations and various organs of the African Union to address diverse problems in Africa. The consultations also brought the issue of Western Sahara into focus, with suggestions being. made to involve a panel of regional eminent persons to find a way to get Morocco more involved in the work of the African Union.
111.
MINURSO continued to support the African Union delegation in Laayoune, in the form of logistical and administrative. assistance drawn from its existing resources.
VI. Financial aspects
112.
The General Assembly, by its resolution 641284, decided to appropriate the amount of $57.1 million for the maintenance of MINURSO for the period I July 2010to 30 June 2011. Should the Security Council decide to extend the mandate of MINURSO beyond 30 April 2011, the cost of maintaining the Mission until 30 June 2011 would be limited to the amounts. approved by the General Assembly. The proposed budget for MINURSO for the period 1 July 20Il to 30 June 2012 iil the. amount of $61.4 million (exclusive of budgeted voluntary contributions in kind) has been submitted to the General Assembly for consideration during the second part of its resumed sjxty~fifth session;
113.
As af 28 hbruary 2011. unpaid assessed contributions to the Special Account for MINURSO amounted to $44.7 million. The t9tal outstanding· assessed contributions for all peacekeep ing operations as at that date amounted to $2,410.3 million.
II4. As of 28 February 2011, amounts owed to troop contributors totaled $0.5 mi Ilion. Reimbursement of troop and contingent~owned equipment costs have been made for the period up to 30 October 2010 and 30 September 2010, respectively, in accordance with the quarterly payment schedule.
VII. Observations and recommendations
IlS. I am concerned about the deterioration of the security situation in Western Sabara. resulting from tbe absence of a peace agreement between Morocco and the Frente Polisario and the continuing 20~year~0Id status quo In the Territory. I ·regret the loss of lives and property that occurred during the unprecedented violence in Gdim Izik and Laayoune on 8 November and I call on the parties to refrain from resorting to yiolence in future.
II 6. The current negotiating process flas existed since the Council's first calls for direct· negotiations between the parties to achieve "3 just, lasting, and mutually acceptable political solution, which will provide for self-determination for Ule people of Western Sahara in the context of arrangements cqnsistent with the principles nod purposes of the Charter of the United Nations," and since Morocco and the Frente Polisario presented their respective proposals to the Council in April 2007. After the passage of four years and ten sets of meetings between the parties, this process remains deadlocked.
20
--
117. Neither party bas accepted the proposal of the otber as tbe sole basis of negotiation and neither party bas taken steps to date tllat would suggest a readiness to move to an acceptable compromise. Despite tbe parties' recent agreement to devote future rounds of tallts to the innovative approaches and discrete subjects tbat were agreed at tbe sixth round of informal talks, as well as others tbat may subsequently be identified, they are likely to remain attached to tbe essence of their proposals.
·~"·~·.-_:,'~·,"'·_"__fi••~:__~'..,_;.w>/.·~~_'._·;,,,;.,:., ..:'.:.:._.:~'••,,:, ., '·'~""';"''''"''''''''~~'''~_·--''-=--·.·.....·__...!-V_·.,-.·_'",,;,,_·......___.,...•,.~'-'.:':'....O''';''''''_'';~'''~__'''··_'_~_''~_~'_M~~.. ~_.....,H'~~'''_" •.,_..."""~~~....~...•.....:_." ~'''''_-.K''_·_~·.A._~.__.,__",__... ~_:.'~"", .. ..·".····~.__,__.·._,_C••·.. _"'"-; _,,'
118. That said~ current circumstances may suggest a way forward, At tbis time of protest and contestation tbroughout the Middle East/Nol"tbAfrica region, the sentiments of the population of Western Sabara, both inside and outside the Territory, with regard to its final status are more central than ever to the search
for a settlement that will be just and 1asting, but these sentiments· remain unknown. Wllat is clear is that arrival at a final status on which tbis population has not clearly and convincingly expresse" its view is likely to engender new tensions in Western Sahara and in the region. In recognition of this fact, tbe Council may wisb to recommend three initiatives to tbe parties:
.. :/
a, first, that the parties devote additional energy to identifYing and discussing a wide range of governance issu~s with a view to meeting the needs of the people of Western Sahara and with the understanding tbat many aspects of these issues can be discussed witbout reference to the nature of the final status of tbe Territory for instance, bow to structure the its executive, legislative, and judicial brancbes, bow organize and conduct elections, and how to design primary and secondary education.
b.-second, that the parties find a means to associate respected representatives of a wide cross~sectionof the population of Western Sahara inside and outside the Territory, formally or informally, in
/ the consideration and discus.sion of issues related ~o final status and the exercise or self-determination, for instance througb seminars and workshops.
c. tbird, that the parties deepen. further their examination of each otber's proposals and, in particular, seel. common ground on the one major point of convergence in their two proposals: the need to obtain the approval of tile population for any agreement. It is instructive in this regard that the proposals of botb parties foresee,
.. albeit in different form, a referendum tllat will constitute a·free . exercise of tbe right to self·determination.
-•
119. As detailed in tbis report, there were allegations of violations of buman I'igbts ill the Territory and in the refugee camps during tbe reporting period. MINURSO does not have a specific human rights mandate, aud the Office of tile United Nations High Commissioner for Human Rights has no presencein ____
i;;)
{5 the Territory or in tile refugee camps in Tindouf. Alleged violations of tbe.
spectrum of rights over the reporting period demonstrate the critical need for',
3n independent, impartial, and sustained human rights monitoring and
c orting With,•. a mandate covering tlte Territory and the refugee camps. In this
regard, I weltlome the commitment of Morocco to allow unimpeded access to;
Special Rap~rteurs oftbe Human Right Council. .
~
1W&
120. I welcome tbe resumption of the family-visits, as well as tbe parties' commitment to make progress on the road option aod agreement to resume the semioars. Once again, I urge both parties to continue to cooperate with UNHCR in a constructive aud conduCive way to the smoot" running of tbe programme's full implementation to maximize the participation of the refugees
"'
and their family members divided by the conflict for over 3S years. I strongly call upon botb parties to refrain from using this humanitarian programme for politicalJy motivated objectives and to grant UNHCR full and un-'indered access to beneficiaries on botb sides. I would IiIte also to thank Algeria and
••.'.1/1
llii-w," Mauritaoia for tbeir support to this bumanitariao programme. Finally, I urge
'~........
that appropriate attention be paid to tbe issues of cond,ucting a census of ·'-....,.,r,..;i'~. ",to refugees and implementing a programme of individual interviews.
S"V:;~"
..~. 121. I am pleased to Dote tbe progress in the clearance of land mines aod explosive ordnances of war and the decrease in mioe accidents recorded during the reporting period. I am also pleased witb tbe recruitment and traioing of members of the local population in demioing activities. These invaluable activities contribute directly and positively to the safety of tbe civilian population intbe region as lVell as of United Nations personnel. I also note tile increased cooperation in information sbaring with tbe parties and urge more .~.,..
.
-~;;-.....
activity in this respect. To allow for this vital work to continue, additiooal .'>+.••.• ~ • resources for the United Nations mine action efforts in Western Sahara will be required. I call upon donors to support tbe efforts of the parties and of MINURSO in order to take advantage of the progress and investments made to
date.
122. I am concerned with tbe increase in violations of Military Agreement No:' 1 by the parties~ I support MINURSO's efforts in working with tbe parties to review the te,rms of Military Agreement No.1 and propose amendments, should
the parties deem it necessary. In tbe meantime, it is their responsibility to ensure that violations are not committed by tbeir military forces, and I call on them to adbere fully to the provisions of Military Agreement No.1 and to extend tbeir full cooperatioo to MINURSO. I reiterate my call to the parties, which has not been followed up to date, to establisb direct cooperation and communication through II joint military verification mechanism to discllss allegatioos of violations and other issues of common interest.
123. This year, the United Nations celebrates MlNURSO's lO-year anniversary
aDd the successful maintenance of theceasefire, while tbe situation of ~esflleIi',,<~·~ ''''~~.'• Sallara remains unresolved and the negotiations towards a future peace ~.' ',_ I' ~. agreement continue. In 20 years, the situation on tbe ground bas changed ' -, ~l".a> ,
dramatically, both in terms of the size and makeup of the local population as ..'
.' wen as of tbe level of economic activity and infrastructure, with remarlmble
differences between .the Territory west and east of the berm. In this context,
.,..,.;111."
• MINURSO's role and activities, as spelled out by tbe Security Council upon its
'establishment and in subsequent relevant resolutions, are met with increasing .;r ."~""challenges to its oper~tioos and ill its relations to the parties. By way of
_t!4hllf~ .?" .. -'
~..:.~' "example, while remaining a constituting element of the Mission's mandate, all
to'; ..... ;
•• ~'.' • activities io preparatioo of a referendum on self-determination have been ;"L
~;~", .. " ...... ';'...
./I;
suspended owing to the disagreement between the parties. Challenges to the ii,;.· ';;~.... \.~"'" ,,," -_4~". Mission's freedom of movement and operations inside the Territory recorded
" ,,,.,:~ ....
. Over tbe reporting period illustrate the Mission'S eroding ability to implement
..
'>:;T~"~_."" .
,
12 .....~"" 'I'
, .... .. '; '.
its 1991 mandate, including sucb fundamental activities as monitoring and reporting developments in Western Sahara as they directly affect the political and security situation.
124 As tbe sole presence of the United Nations in tbe Territory -witb the exception of a small UNHCR office in support of the confidence-building measures programme --and as a guarantor for tbe stability of tbe ceasefire, I beleive that the presence of MINURSO remains relevant. However, at this
. critical juncture and in Ught of the new challenges described in this report, I lvould seel! tbe assistance of the Security Council in reaffirming the role of MINURSO and ensuring that the minimum conditions for it successfully to operate are met, and call on tbe cooperation of botb parties, Morocco and the Frente Polisario. In tbis context, and in light of my Personal Envoy's continuing efforts, I recommend tbat the Security Council extend the mandate of MINURSO for a further twelve months, until 30 April 2012. .
125. In conclusion, I wish to thank Cbr"istopber Ross, my Personal Envoy, for Jiis tireless diligence in working witb the parties towards a just, lasting and mutually acceptable political solution that will provide for tbe selfdetermination of the people of Western Sahara. I wish also to tbank my Special Representative in Westera Sahara, Hany Abdel-Aziz, as well as Major General Jinglnin Zhao (China), MINURSO's Force Commander, for their" dedication at tbe belm of MINURSO. I also want to thank tbe women and men of MINURSO for tbe worl{ they are doing, under difficult circumstances, to fulfil the Mission'S mandate.
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