Statement by. H.E. Mr. Sabri BOUKADOUM, Ambassador, Permanent Representative of Algeria to the United Nations. Western Sahara.

Transcription

1 Statement by H.E. Mr. Sabri BOUKADOUM, Ambassador, Permanent Representative of Algeria to the United Nations on Western Sahara Before The Special Political and Decolonization Committee New York, 15 October

2 We are particularly delighted to address the Committee under the chairmanship of the Representative of a brotherly African country, Malawi, the warm heart of Africa, especially that the Committee is addressing the issue of decolonization. You can obviously count on the commitment of my delegation to helping you in every possible way for the most positive outcome to our deliberations. To us, the fourth committee remains fully and absolutely instrumental and decisive for the long-awaited completion of the duty bestowed to the United Nations in the decolonization process. This session marks the celebration of the 70 th anniversary of the United Nations as well as the midterm of the Third international Decade for the elimination of colonialism It is rather puzzling that we are still debating on the issue of colonialism, nothing less than an anachronism, in this 21 th century where democracy, freedom, respect of human rights are adamantly and justifiably watched over by everyone. There is an unfinished work and still unfulfilled responsibilities towards the 17 remaining non-self governing territories on the Agenda of the special committee on decolonization. There is a tremendous meaning to the principle of self-determination: it is one of the four basic purposes embodied in the UN Charter and it was carved out as a fundamental human right in the two main human rights treaties of Beyond that, the cornerstone of our being here is the Declaration on the Granting of independence to colonial Countries and Peoples, the gilded resolution 1514 of 14 December Can anyone imagine that we discard that?? Then what about the History of Timor-Leste, of Namibia, of South Africa and of my own country Algeria? Self-determination is part of us and we will never turn our back to our own history!! Mr. Chairman I want to assure you that our commitment to the mandate of the special committee is stronger than ever, and we will definitely and forcefully support the completion of its mandate as long as there would be one square foot illegally occupied wherever in the world. The ink that has served to draft resolution 1514 has not dried out yet. 2

3 In its 2015 Report (A/70/23), the Special Committee has stated that it has considered during its 2015 session and at its regional seminar held in Managua last May, the question of Western Sahara. We have dully noted the commitment of the Members of the Committee, reflected in paragraphs 46 and 47 of the Report, for the immediate, full and speedy implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples ; and to continue to carry out the actions approved by the General Assembly regarding the Second and Third International Decades for the Eradication of Colonialism in all Territories that have not yet exercised their right to self-determination, including independence. I will not go through the historical background of the conflict; I would like solely to address the following points: The conflict of Western Sahara opposing the Frente Polisario, the legitimate representative of the People of the Territory, to the kingdom of Morocco, is a decolonization issue and I would add of an uncompleted decolonization process since The Territory of Western Sahara was admitted as a nonself-governing territory by the United Nations in 1963 when it was still a Spanish colony. The Special Political and Decolonization Committee is mandated to examine this question under its agenda Item on Decolonization. This decolonization conflict can only be resolved through the full and fair exercise of the Sahrawi people of its right to self-determination. The United Nations assumes a specific responsibility towards the Sahrawi People. So many UN resolutions from both the General Assembly and the Security Council, have reaffirming the legal nature of this conflict reflecting the Advisory Opinion of the ICJ which clearly concluded exactly 40 years ago- that the right of the Sahrawi people to self-determination should be implemented in line with the Declaration on the Granting of Independence to Colonial Countries and Peoples. This implies that as long as the question is not settled, the situation of Human Rights is to be followed, as it is the case in all-peacekeeping operations. And let me point out that Algeria will support all factfindings missions or mechanisms from the UNSG, international agencies media or NGOs. In the light of the stacking reports of increased exploitation of the natural resources of Western Sahara, all involved and all those who are considering their involvements should be aware of opinion of the UN legal Counsel dated 29 January 2002 (S/2002/161, Para 25) and I quote: if exploration and exploitation activities were to proceed in disregard of interest and wishes of the people of Western Sahara, they would be in violation of the principles of international law applicable to 3

4 mineral resource activities in Non Self-Governing territories end of quotation. The African Union Legal Adviser has also examined this question and issued a legal opinion whose conclusions are similar. As the question of Western Sahara is an African issue at its roots I would like to share with you some of the decisions that Africa has taken at the highest level: At their 21 st AU Summit, the Heads of State and Government of the African Union expressed, in the Final Declaration of the Summit "unwavering and unconditional support to the struggle of the people of Western Sahara to exercise their right to self-determination". At their 23 rd held in Malabo, in June 2014, the African Heads of states decided to appoint former President of Mozambique, H.E.Mr. Joaquim Chissano as African Union Special Envoy for Western Sahara. Earlier this year, the Council of Peace and Security of the African Union, on 27 March 2015, examined the question of Western Sahara, and adopted unanimously a decision, which reiterated the AU principled position in support to the right to self-determination and urged the United Nations to spare no effort to hasten the process of decolonization. This decision as well as the report of the President of the African Union Commission on the situation in Western Sahara have been issued as official documents of the Security Council and the General Assembly. And lately at The African Union Summit held in Johannesburg South Africa on 14 and 15 June, the African Heads of States called the UN General Assembly to determine a date for the holding of the Self Determination Referendum for the People of Western Sahara and protect the integrity of the Western Sahara as a Non-Self-Governing Territory from any act which may undermine it. They have also urged the Security Council to fully assume its responsibilities, as well as effectively address the issues of the respect of human rights and the illegal exploitation of the Territory s national resources. I might continue endlessly over the number of decisions but let me just go briefly on what the Security Council has decided. The Security Council reaffirmed its commitment to the right to self-determination of the people of Western Sahara in all its resolutions, including the most recent one 2218(2015), adopted on 28 April It is with steadfast regularity that the Security Council recalls and reaffirms its stand on Western Sahara. From include the inception with resolutions 379 and 380(1975) to resolution 690 (1991) by which it adopted the settlement plan of the conflict and expressed its full support for the efforts of the Secretary General for the organization and supervision, by the United Nations in Cooperation with the Organization of African Unity, now the African Union, of a referendum for self-determination of the people of Western Sahara. 4

5 Security Council Resolution 690 established MINURSO and underlined the two parties as well as the two official observers states, Mauritania and my own Country Algeria I would like to add the following: We still hope and we still think that the peaceful settlement of the question of Western Sahara is possible, feasible and attainable. Bona Fide is essential That means that no one has the right to try to change the rules set by the Security Council and the GA. The Security Council and the GA are the sole referees, not the parties: The two parties have the duty to concur to abide by the these rules, the procedures and the methods that they willing fully accepted at the beginning and regularly and unanimously reaffirmed by the Security Council. Some of our colleagues here have mentioned the risks that the conflict of Western Sahara entails for the stability in the region where Terrorism, transnational crimes and other threats are increasing. Yes and I remind all those who said that that no one can be more concerned than my country who has proven its commitment for peace. And this precisely because we have work to do in front of the new challenges, that we have to reinforce our cooperation with the UN to fulfill its duties and mission in Western Sahara, to support the UNSG, who has announced his intention to visit the region by the end of the year, we have to support his personal envoy Ambassador Christopher Ross and Mrs. Kim Bolduc, his special Representative and head of MINURSO. Dear Brother 40 Years in the refugee camps and for the all the sahraouis is, you ll concede more than enough! The then young sahraoui who was 20 when the conflict erupted is now 60. He had children and maybe grand children, and during all his mature life he only knew occupation, tents, camps and insane ghettos. But he always relied and has embedded his hopes in the UN and the settlement plan. These hopes are fading!! The sahrawis have listened carefully to the UN, and we made them believe in the UN system, in the GA, in the SC, in MINURSO in the 4 th Committee, in the C24 and in the countries in the region!!! Will these lingering hopes last forever? Until when? What do they expect from us and what DO WE expect to happen from them?? Do you really think that we could outrace time when it is too late?? 5

6 The sahrawis continue to believe in the UN and in us, while facing the harshest conditions, watching the humanitarian aid shrinking, and even being accused of stealing the meager resources that the international community is now sparsely providing! What a shame that some here have dared describing the refugees as captives. If t s really the case, then I am sure they would be eager to cast their ballots to unchain their serfdom bonds! Then why being afraid to let them express that trough international supervision?? They did all that with an extraordinary pride, and by strictly abiding to the cease-fire and always cooperating with MINURSO even when MINURSO was itself facing unexpected adversities. What would be the inheritance that these 60 year-old Sahrawi will hand over to his now grown and frustrated children? Please go there, and speak to POLISARIO leadership, talk to the elders, to the Chiouks,to the Youth, to women to civil society. Please go.you members of the C24 or any other respected committee and report back over the boiling heat of the desert! Mr. Chairman Dear brother. Let me be very clear: we are not here to score points against anyone: we are here because we strongly believe that the free choice for the Sahrawi People of the future they want is of paramount importance for the stability, progress and integration of the Maghreb and all Africa. We still believe in a peaceful fruitful and productive future for all the Peoples of the region is possible and our commitment to that needs not to be proven. I solemnly declare that Algeria would be the first to applaud and endorse any decision that the Sahrawi People would freely choose. But it is up to them to decide, for the sake of, name it, principles, justice, international law and to preserve us from any uncertainty And this is a responsibility that we all share. This is why today s resolution, while modest in its scope, is however tremendously important, and we ll send the right message by its adoption to those who are still clinging to the role of The UN and peace I thank you 6