Legal status of Western Sahara

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This article is part of the series:
History of Western Sahara

Western Sahara
Historical background
Disputed regions
Politics
Rebellions
UN involvement

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Western Sahara, formerly the Spanish colony of Spanish Sahara, is a disputed territory claimed by the Kingdom of Morocco and the Polisario Front. Its legal status remains unresolved.

The territory is mostly administered by Morocco since Spain handed over the territory to Morocco and Mauritania after the Madrid Accords in 1975-76. Part of the territory is controlled by the Polisario Front as the Sahrawi Arab Democratic Republic. A UN-administered cease-fire has been in effect since September, 1991.

In order to resolve the sovereignty issue, the United Nations (UN) has attempted to hold a referendum through the mission United Nations Mission for the Referendum in Western Sahara (MINURSO), and is holding direct talks between the kingdom of Morocco and the Polisario Front.

Contents

[edit] Positions of the parties

[edit] Kingdom of Morocco

The position of the Kingdom of Morocco is that all of Western Sahara is an integral part of the Kingdom. The Moroccan government refers to Western Sahara only as the "Sahara," "Moroccan Sahara," "Saharan provinces," or the "Southern Provinces". Western Sahara is the historical birthplace of one of the most successful Moroccan ruling dynasties, the Almoravids. In 1958, the Moroccan Liberation Army of the South fought Spanish colonizers and almost liberated what was then Spanish Sahara. Among the veterans of the Moroccan Southern Army are fathers of many of the Polisario leaders, like the father of Mohammed Abdelaziz, the Polisario leader. Morocco is supported in this view by a number of former Polisario founders and leaders. The Polisario Front is considered by Morocco to be a Moroccan separatist movement, referring to the Moroccan origins of most of its founding members, and its self-proclaimed SADR to be a puppet state used by Algeria to fight a proxy war against Morocco.

[edit] Polisario Front

The position of the Polisario Front is that Western Sahara is an occupied territory, the rightful government of which is the exiled Sahrawi Arab Democratic Republic (SADR).[1] The Polisario Front calls for the right of self-determination of the people of Western Sahara to be decided through a referendum. Although the SADR is not recognised as a state by the UN, Polisario is considered as a direct party in the conflict. The SADR is a member of the African Union.

[edit] Algeria

Algeria has been supporting the independence of Western Sahara diplomatically since 1975. In 1976, Algeria got involved directly in the conflict, but after a military confrontation at Amgala against the Moroccan Army, the Algerian role became that of an indirectly involved party through political and military support to the Polisario front. Morocco argues that the Algerian position is due to the Sand War of 1963.

[edit] United Nations

Western Sahara was first placed, by Moroccan demand, on the UN list of territories to be decolonized in the 1960s when it was still a Spanish colony. It has retained that status since then due to the persistence of the conflict.[2] The UN has been involved since 1988 to find a solution to the conflict through self-determination. In 1988, the kingdom of Morocco and the Polisario Front agreed to settle the dispute through a referendum under the auspices of the UN, that would allow the people of Western Sahara to choose between independence or integration with Morocco. In 1991, a ceasefire was agreed between the parties, contingent on the referendum being held the following year. Due to disputes over voter qualification, the vote has still not been held, and Morocco has made it clear in 2000 that henceforth it will not consider any option leading to the independence of the territory,[citation needed] and instead, is now proposing autonomy within Morocco. Lately, the UN has argued for negotiations between the parties to overcome the deadlock, culminating in the Manhasset negotiations.

[edit] African Union

The African Union (formerly the Organization of African Unity) has given the Sahrawi Arab Democratic Republic full recognition,[3] and accepted it as a member (which has led Morocco to leave the union,[4] becoming the only African state outside of it.)

[edit] Recognition

The SADR is recognized by 45 states. Sates not recognizing the Sahrawi republic may, however, recognize the Polisario Front as a legitimate representative of the Sahrawi people, but not its exile government as a state.[citation needed] Several states have withdrawn their recognition of the SADR. Although Morocco claims that no recognition is required, Moroccan sovereignty over the territory is explicitly supported by the Arab League[5][6] and by 25 states.

[edit] States recognizing the SADR

The following is a list of state governments that have formally recognized Western Sahara as a sovereign nation, with the exiled Sahrawi Arab Democratic Republic as its legitimate government. The vast majority of recognitions took place during the Cold War. Since the 1990s, many states have retracted their recognitions, or suspended recognition pending the outcome of the referendum on self-determination. Despite the Spanish government fluctuated the King exposed the right to self-determintation[7].

  • Forty-seven recognize the Sahrawi Arab Democratic Republic. Thirteen of them are home to Sahrawi embassies
  • Thirty-seven have recognized the SADR, then suspended relations or withdrawn recognition.
Map of countries that have recognized Sahrawi Arab Democratic Republic as independence
Map of countries that have recognized Sahrawi Arab Democratic Republic as independence
State Date of recognition Notes
Flag of Algeria Algeria March 6, 1976 Embassy. [8]
Flag of the League of Arab States Arab League Member
AMU Member
Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Angola Angola March 11, 1976 Embassy.
Flag of the African Union AU Member
Flag of Ethiopia Ethiopia February 24, 1979 Embassy. [9]
Flag of the African Union AU Member
Flag of Guinea-Bissau Guinea-Bissau March 15, 1976 Relations suspended April 2, 1997; Relations resumed and embassy re-opened September 26, 2000.
Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Lesotho Lesotho October 9, 1979[10][11] Flag of the African Union AU Member
Flag of Libya Libya April 15, 1980[12] [1] Flag of the League of Arab States Arab League Member
AMU Member
Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Malawi Malawi After appearing to support Moroccan claims[2], Malawi re-established diplomatic ties with the SADR[13]
Flag of the African Union AU Member
Flag of Mali Mali July 4, 1980 Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Mauritania Mauritania February 27, 1984[14] Flag of the African Union AU Member
AMU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Namibia Namibia June 2, 1990[3][4] Flag of the African Union AU Member
Flag of Nigeria Nigeria November 12, 1984 Embassy.[15][5][6]
Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of Mozambique Mozambique March 13, 1976 Embassy.
Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of South Africa South Africa September 15, 2004 Embassy.[16][7]
Flag of the African Union AU Member
Flag of Tanzania Tanzania November 9, 1978 Embassy established June, 2005.[17]
Flag of the African Union AU Member
Flag of Zimbabwe Zimbabwe July 3, 1980[8] Flag of the African Union AU Member
Flag of Belize Belize November 18, 1986[9]
Flag of Cuba Cuba January 20, 1980 Embassy.[18]
Flag of Haiti Haiti November 23, 2006 Embassy.[10][11]
Flag of Mexico Mexico September 8, 1979[19] Embassy.[18]
Flag of Nicaragua Nicaragua September 6, 1979 Suspended July 21, 2000,[12] but re-established January 12, 2007[13]
Flag of Panama Panama June 23, 1978 Embassy[20]
Flag of Saint Vincent and the Grenadines Saint Vincent and the Grenadines February 14, 2002[21]
Flag of Ecuador Ecuador November 14, 1983 Withdrawn June 19, 2004; Relations resumed February 8, 2006.[22] [14]
Flag of Uruguay Uruguay December 28, 2005[23][24]
Flag of Venezuela Venezuela August 3, 1982 Embassy.[18]
Flag of Iran Iran February 27, 1980[15][25] Flag of the Organisation of the Islamic Conference OIC Member
Flag of East Timor East Timor May 20, 2002[16] First country to establish relations with East Timor.

[edit] International organizations

State Membership Notes
Flag of the League of Arab States Arab League Not a member. Currently considered a part of Morocco.[6]
Greater Arab Free Trade Area (GAFTA) Not a member. Morocco is a founding member of GAFTA.
Flag of the African Union AU February 22, 1982 SADR is a fully recognised AU member.[3]
Flag of the Organisation of the Islamic Conference OIC Not a member. Currently considered as part of Morocco. Mohammed VI of Morocco is currently chairman of the OIC's Al-Qods committee.
Flag of the United Nations UN Not a member. The UN has argued for negotiations between Morocco and SADR, UN is possible in the future.

[edit] States that have suspended or cancelled their recognition to the SADR

The recognitions of the SADR are subject to continuous fluctuation, depending on different factors and the diplomatic activity of Morocco, Algeria and Polisario.

A number of states that once recognized the SADR have either suspended or definitely cancelled their recognition. For example, the government of the Seychelles withdrew its diplomatic recognition of the SADR on March 17, 2008.[26]

For an overview on the list of these states click here: Foreign relations of the Sahrawi Arab Democratic Republic.

[edit] List of states supporting Moroccan claims on Western Sahara

No state has recognized the sovereignty of Morocco over Western Sahara, which the United Nations Secretary-General Kofi Annan also stressed in his last report on Western Sahara to the Security Council:

"The Security Council would not be able to invite parties to negotiate about Western Saharan autonomy under Moroccan sovereignty, for such wording would imply recognition of Moroccan sovereignty over Western Sahara, which was out of the question as long as no States Member of the United Nations had recognized that sovereignty".[27] Spain is still considered as the administrative power, but Morocco however is the de facto administrating power since it controls most of the territory[28].

Some UN member states have expressed explicit support of "Morocco's territorial integrity", in reference to Western Sahara as Moroccan provinces.

State Date of support Notes
Flag of Botswana Botswana[29] Flag of the African Union AU Member
Flag of Cameroon Cameroon[30] Flag of the African Union AU Member
Flag of the Central African Republic Central African Republic[31][32] Flag of the African Union AU Member
Flag of Côte d'Ivoire Côte d'Ivoire[33] Flag of the African Union AU Member
Flag of Egypt Egypt[34] Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of the League of Arab States Arab League Member
Flag of Equatorial Guinea Equatorial Guinea[35] Flag of the African Union AU Member
Flag of Gabon Gabon[36] Flag of the African Union AU Member
Flag of Guinea Guinea[37] Flag of the African Union AU Member
Flag of Madagascar Madagascar[38] Flag of the African Union AU Member
Flag of Senegal Senegal[39] Flag of the African Union AU Member
Flag of Swaziland Swaziland[17] Flag of the African Union AU Member
Flag of Sudan Sudan[40] Flag of the African Union AU Member
Flag of the Organisation of the Islamic Conference OIC Member
Flag of the League of Arab States Arab League Member
Flag of Argentina Argentina[41]
Flag of Colombia Colombia[42]
Flag of Chile Chile[43][18] Chile has given contradictory comments regarding the Sahara. Chile's Senate speaker Sergio Romero has said that Chile does not recognize Western Sahara's independence [19],[43] but Chile's Ministry of Foreign Relations website includes Western Sahara as an independent country with which Chile has no diplomatic relations.
Flag of Peru Peru[44]
Flag of the People's Republic of China PRC[45] Flag of the United Nations permanent member of the UNSC
Flag of Indonesia Indonesia[46]
Flag of Iraq Iraq[47] Flag of the Organisation of the Islamic Conference OIC Member
Flag of the League of Arab States Arab League Member
Flag of Kuwait Kuwait May 25, 2002[48] Flag of the Organisation of the Islamic Conference OIC Member
Flag of the League of Arab States Arab League Member
Flag of Yemen Yemen July 11, 2000 Africast.com. "Yemen supports Morocco's efforts to protect territorial integrity", Africast.com, 2000-07-12. Retrieved on 2006-08-20. (English) 
Flag of the Organisation of the Islamic Conference OIC Member
Flag of the League of Arab States Arab League Member
Flag of Serbia Serbia[49]
Flag of Vanuatu Vanuatu[50]

[edit] Other states

Flag of the United States USA - Commenting on a 2004 free trade agreement with Morocco, US Trade Representative Robert Zoellick stated in a letter to Congressman Joe Pitts, in response to his questioning, "the United States and many other countries do not recognize Moroccan sovereignty over Western Sahara and have consistently urged the parties to work with the United Nations to resolve the conflict by peaceful means. The Free Trade Agreement will not include Western Sahara."[1] [51].

[edit] See also

[edit] References

  • Hodges, Tony. Western Sahara: Roots of a Desert War, Lawrence Hill & Company, 1983, ISBN 0882081527 , p. 308
  • Hodges, Tony, and Pazzanita, Anthony. Historical Dictionary of Western Sahara, 2 ed., Scarecrow Press, 1994, ISBN 0810826615 , pp. 378-379.
  1. ^ a b Saeed Taji Farouky. "The Sahrawi Arab Democratic Republic: Deserted in Western Sahara", Qantara.de, 2006-03-21. Retrieved on 2006-07-15. (English, German) 
  2. ^ United Nations Fourth Committee (2002). Non-Self-Governing Territories listed by GA in 2002 (English). United Nations. Retrieved on 2006-08-20.
  3. ^ a b African Union. A. U. Member States (Flash animation) (English, French). African Union. Retrieved on 2006-08-20.
  4. ^ Political Alliances Within the UN. Eye on the UN. Retrieved on 2006-07-15.
  5. ^ Arabicnews.com. "Arab League withdraws inaccurate Moroccan maps", Arabicnews.com, 1998-12-17. Retrieved on 2006-07-15. (English) 
  6. ^ a b Arabicnews.com. "Arab League supports Morocco's territorial integrity", Arabicnews.com, 1999-01-08. Retrieved on 2006-07-15. (English) 
  7. ^ Libertad Digital. "The King bet on self-determination for WS", 13-03-07. 
  8. ^ Sahrawi Arab Democratic Republic. Embassy of the Sahrawi Arab Democratic Republic in Algeria (Arabic, Spanish). Sahrawi Arab Democratic Republic. Retrieved on 2006-08-20.
  9. ^ Federal Democratic Republic of Ethiopia (2005-07-04). Embassies of Ethiopia (English). Federal Democratic Republic of Ethiopia. Retrieved on 2006-08-20.
  10. ^ "Statement by the Honourable Motsoahae Thomas Thabane Minister of Foreign Affairs of the Kingdom of Lesotho at the 56th Session of the United Nations General Assembly", 2001-11-15. Retrieved on 2005-07-15. 
  11. ^ Africa works "seriously for the decolonisation of Western Sahara", declares Mohlabi Kenneth Tsekoa. Sahara Presse Service (2004-07-08). Retrieved on 2006-07-15.
  12. ^ Maghrib Relations. Country-data.com (1987). Retrieved on 2006-07-15.
  13. ^ The Saharawi Republic and Malawi establish of diplomatic relations between one another. UPES (2008). Retrieved on 2008-02-02.
  14. ^ The Haidalla Regime. Retrieved on 2006-07-15.
  15. ^ "Arrival of the President of the Republic to Abuja to take part to the African Union's Summit", Sahara Presse Service, 2005-01-30. Retrieved on 2006-07-15. 
  16. ^ "The Guardian : South Africa's recognition of 'SADR' harms own interests", Arabicnews.com, 2004-09-24. Retrieved on 2006-07-15. 
  17. ^ Sahara Press Service (2005-06-28). "Tanzania satisfied about the future establishment of the Saharawi Republic’s Embassy in Dar Es Salam". Press release. Retrieved on 2006-08-20.
  18. ^ a b c Haddi Larosi. Sahrawi Arab Democratic Republic embassy in Venezuela (Spanish). Sahrawi Arab Democratic Republic. Retrieved on 2006-08-20.
  19. ^ United Mexican States. Conflicto en el Sahara Occidental (PDF) (Spanish). United Mexican States. Retrieved on 2006-08-20.
  20. ^ Haddi Larosi. Sahrawi Arab Democratic Republic embassy in Panama (English, Spanish). Sahrawi Arab Democratic Republic. Retrieved on 2006-08-20.
  21. ^ Western Sahara - Sahara Occidental Joint Statement (2002-02-15). Retrieved on 2006-07-15.
  22. ^ "Ecuador and the Saharawi Republic declare the re-establishment of diplomatic relations", Sahara Presse Service, 2006-02-08. Retrieved on 2006-07-15. 
  23. ^ "The Oriental Republic of Uruguay announces its official recognition of the Saharawi Arab Democratic Republic", Sahara Presse Service, 2005-12-26. Retrieved on 2006-07-15. 
  24. ^ "Uruguay recognises Western Sahara", Al Jazeera, 2005-12-29. Retrieved on 2006-07-15. 
  25. ^ "Iran recognises "the Saharawi Republic and see the solution within the UN framework", Declares Iran’s Ambassador to Algiers", Sahara Presse Service, 2006-02-17. Retrieved on 2006-07-15. 
  26. ^ "Seychelles withdraws recognition for SADR", Panapress, Afrik.com, 2008-03-18. Retrieved on 2008-04-10. 
  27. ^ Report of the Secretary-General on the situation concerning Western Sahara (PDF) (2006-04-19). Retrieved on 2006-07-15.
  28. ^ Report of the Secretary-General on the situation concerning Western Sahara (PDF) (2002-02-19).
  29. ^ "Morocco, Botswana establish diplomatic relations", Arabicnews.com, 2005-06-28. Retrieved on 2006-07-15. 
  30. ^ "King Visit to Cameroon, a major event, ambassador", Arabicnews.com, 2004-06-17. Retrieved on 2006-07-15. 
  31. ^ "Central Africa backs Morocco's sovereignty over Sahara", Arabicnews.com, 2000-02-29. Retrieved on 2006-07-15. 
  32. ^ CAR and Morocco
  33. ^ "Ivory Coast reiterates firm support to political solution to Sahara dispute, Minister", Arabicnews.com, 2004-03-16. Retrieved on 2006-07-15. 
  34. ^ "Egypt renews backing to Morocco's territorial integrity", Arabicnews.com, 1999-03-15. Retrieved on 2006-07-15. 
  35. ^ "Equatorial Guinea renews backing to Morocco's territorial integrity", Arabicnews.com, 2002-05-14. Retrieved on 2006-07-15. 
  36. ^ "Gabon renews support to Morocco's territorial integrity", Africast.com, 2000-09-13. Retrieved on 2006-07-15. 
  37. ^ "Bilateral cooperation: Guinea reaffirms support to Moroccan territorial integrity", MoroccoTimes.com, 2005-07-21. Retrieved on 2006-07-15. 
  38. ^ "Madagascar freezes recognition of so-called Sahrawi Republic", Arabicnews.com, 2005-04-07. Retrieved on 2006-07-15. 
  39. ^ "Senegal renews firm support to Moroccan territorial integrity", Africast.com, 2000-05-29. Retrieved on 2006-07-15. 
  40. ^ "Sudan supports Moroccan sovereignty over Southern Provinces", MoroccoTimes.com, 2005-12-26. Retrieved on 2006-07-15. 
  41. ^ "Argentina renews backing to Morocco's territorial integrity", Arabicnews.com, 2003-04-15. Retrieved on 2006-07-15. 
  42. ^ "Columbian Senate reaffirms support to Morocco territorial integrity", MoroccoTimes.com, 2005-03-23. Retrieved on 2006-07-15. 
  43. ^ a b "Chile reiterates its position in favour of Moroccan territorial integrity", MoroccoTimes.com, 2005-06-02. Retrieved on 2006-07-15. 
  44. ^ "Peru fully supports Morocco's territorial integrity", 2003-10-02. Retrieved on 2006-07-15. 
  45. ^ "China renews backing to Morocco's territorial integrity", Arabicnews.com, 2000-11-08. Retrieved on 2006-07-15. 
  46. ^ "Indonesian MP delegation holds intensive talks with Moroccan officials", Arabicnews.com, 2001-01-25. Retrieved on 2006-07-15. 
  47. ^ "Morocco-Iraqi agreements on oil supply upheld, ambassador", 2005-06-09. Retrieved on 2006-07-15. 
  48. ^ "Kuwait reiterates support to Morocco's territorial integrity", Arabicnews.com, 2002-05-25. Retrieved on 2006-07-15. 
  49. ^ "Serbia-Montenegro withdraws recognition of Sahara Republic", 2004-10-28. Retrieved on 2006-07-15. 
  50. ^ "Morocco and Vanuatu to start diplomatic relations", Arabicnews.com, 2000-12-15. Retrieved on 2006-07-15. 
  51. ^ Letter from the trade office to Congressman Joe Pitts

[edit] External links

[edit] Tables of states recognizing the SADR

[edit] Others

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