Stockholm, March 25, 2015 (SPS) - Former Under Secretary General for Legal Affairs and the Legal Counsel of the United Nations Hans Corell, reminded the Security Council of its responsibility face to the Moroccan authorities' violation of Sahrawi rights.
In an article published on the "International Judicial Monitor" website and entitled: "the responsibility of the UN Security Council in the Case of Western Sahara," Corell underlined that the exploitation of mineral resources in Western Sahara was "in violation of the principles of international law applicable to mineral resource activities in Non-self-Governing Territories," adding that the Security Council "cannot allow the present situation to continue."
He said that the "Fishery Partnership Agreement concluded between the European Union (EU) and Morocco (...) is not in conformity with international law," adding that "the Council should examine the legality of the EU-Morocco fisheries agreement."
Corell also noted an "obvious conflict between the Security Council's latest resolution on Western Sahara and the attitude reflected in the speech of King of Morocco Mohamed VI delivered on 6 November 2014 and that the 'Green March' was a violation of Article 49 of the Fourth Geneva Convention."
He also admitted that "the current negotiation has become a charade that has come to an end," calling on the Security Council to find a solution "in conformity with international law."
In this regard, he suggested three "more radical options" than applied in the past.
"One option is to transform MINURSO (UN Mission for Referendum in Western Sahara) in an operation similar to the UN Transitional Administration in East Timor (UNTAET) (...) Second option is to order Spain to resume her responsibility as administering power in Western Sahara, a responsibility that Spain relinquished in February 1976, in violation with the Article 73 of the UN Charter. Third option is that the Security Council recognizes Western Sahara as a sovereign state," said Corell.
He said that "the Security Council risks falling short in fulfilling its mandate," stressing therefore the need that the Council "acts with authority, determination and consequence in accordance with the international law. (SPS)
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