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Continuous occupation of Western Sahara by Morocco, challenge to principles of UN Charter (South Africa)

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New York, Oct 14, 2014 (SPS) - The Republic of South Africa on Monday indicated that the continuous colonial occupation of Western Sahara by Morocco constitutes a “challenge” to the principles of the UN Charter and the authority and credibility of this body.


“The struggle of the people of Western Sahara is a struggle for self-determination and is based on the principles of decolonization, promotion of human rights, international legality and the stability and security of the African Union,” said Mr. Kingsley Mamabolo, permanent representative of South Africa to the UN, in his address before the UN Decolonization Committee on Monday.


Recalling that Western Sahara has been on the UN list of the Non-Self-Governing Territories since 1963, the Diplomat said that neither the UN nor any regional or international organizations, nor any other country in the world, has recognized Morocco’s claims of sovereignty over Western Sahara.


South Africa has also maintained that for her not to recognize the SADR will render the country an accessory to the denial of the people of Western Sahara of their right to self-determination.


South Africa took this opportunity to call for an end to the illegal exploitation of Western Sahara mineral resources by Morocco, asking Morocco to lift its media siege imposed in the occupied territories of Western Sahara.


It, therefore, urged to put an end to the human rights abuses against Saharawi activists in the occupied territories, calling for the enlargement of the MINURSO mandate to include the monitoring of human rights.


The Diplomat said that South Africa remained concerned about the alarming reports of human rights violations and even atrocities perpetrated against the Saharawi people by Morocco, last of which the death of the Saharawi political prisoner Hasena Elwali, who died on 28 September 2014 at a military hospital in the occupied city of Dakhla, as a result of medical negligence by the Moroccan occupying security forces.


Following is full text of the speech delivered by the Permanent Representative of the Republic of South Africa, Mr. Kingsley Mamabolo, on the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples at the Special Political and Decolonization Committee (Fourth Committee):


“Mr. Chairman,


My delegation wishes to extend its congratulations to Your Excellency for your election as Chair of the Special Political and Decolonization Committee (Fourth Committee) and in the same breath thanks the Chair of the Special Committee and its Rapporteur for their insightful briefings.


South Africa also welcomes the appointment of Ms. Kim Bolduc of Canada as the Secretary-General’s Special Envoy for Western Sahara and Head of the MINURSO, and wish her success with fulfilling her responsibilities in the delegation of her duties.


South Africa aligns itself with the statement delivered by the distinguished representative of the Islamic Republic of Iran on behalf of the Non-Aligned Movement.


Mr. Chairman,


South Africa would like to welcome the report of the Special Committee on the situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples for 2014. It this connection calls upon all Member States to comply with the Declaration and other resolutions related to decolonisation.


We note with appreciation the progressive efforts undertaken by the Special Committee during the period under review to enable the better implementation of its mandate through the holding of informal consultations with the Secretary-General.


Mr. Chairman,


The struggle of the people of Western Sahara is a struggle for self-determination and is based on the principles of decolonization, promotion of human rights, international legality and the stability and security of the African Union.


Western Sahara remains the last remaining colony on the African Continent and it has been on the UN list of the Non-Self-Governing Territories since 1963 when it was under Spanish colonial rule. The General Assembly has since consistently recognized the inalienable right of the Saharawi people to self-determination and independence, and called for the exercise of that right in accordance with General Assembly Resolution 1514 (XV).


Therefore, the continuous colonial occupation of Western Sahara by Morocco constitutes a challenge to the principles of the United Nations Charter and the authority and credibility of this body.


The right to self-determination was the basis upon which a democratic South Africa was founded. As such, South Africa has consistently held that its contradiction of this sacred principle vis-à-vis the issue of Western Sahara would constitute a grave betrayal of our own painful struggle and commitment to respect the Charter of the UN and the Constitutive Act of the AU.


South Africa has also maintained that for her not to recognize the SADR will render the country an accessory to the denial of the people of Western Sahara of their right to self-determination.


Mr. Chairman,


It is worth remembering that neither the UN nor any regional or international organization, nor any other country in the world, has recognized Morocco’s claims of sovereignty over Western Sahara. The Moroccan territorial claims to Western Sahara have been rejected by the advisory opinion of both the International Court of Justice on 16 October 1975 and the Legal Department of the UN on 29 January 2002. The ICJ stated that there were no links of territorial sovereignty between Morocco and the Western Sahara prior to the Spanish colonization of the Territory. The General Assembly resolution 34/37 (1979), among others, describes Morocco’s presence in Western Sahara as a continued occupation.


The SADR is a founding member of the AU and was also a member of the Organization of the African Unity. At the same time, the Kingdom of Morocco is also a friendly African country. The AU Summit Outcomes (2013) reiterated its concern at the continued impasse in the conflict in Western Sahara, and called for renewed efforts based on relevant OAU/AU and UN resolutions, in order to overcome this impasse.


Mr. Chairman,


We call on all parties to support the crucial aspects identified by the Secretary General’s Personal Envoy, Christopher Ross, related to finding a mutually acceptable political solution to the conflict and achieving self-determination for the Saharawi people.


Mr. Chairman,


The problem thus far has been that Morocco has tried to impose an autonomy proposal on the people of Western Sahara thereby denying them their right under the UN Charter to exercise the right of self-determination.


In other words, the Moroccan proposal is seeking to deny the people of Western Sahara the right to choose in a referendum their destiny, whether it be independence, integration or even autonomy.


South Africa has also consistently called for the following with regard to the current situation in Western Sahara:


- An end to the illegal exploitation of mineral resources in the Western Sahara occupied territories.


- An end to human rights abuses against Saharawi activists in the occupied territories and has as such, called for the mandate of the MINURSO to include the monitoring of human rights. MINURSO remains the only UN Mission without a human rights monitoring component.


- The lifting of a media blackout imposed in the Western Sahara occupied territories that continue to prevent the international community from seeing the daily misery of the Saharawi people.


- Increase humanitarian support to the Saharawi refugees who continue to live in the harsh desert conditions due to the non-resolution of the conflict.


Mr. Chairman,


South Africa remains concerned about the alarming reports of human rights violations and even atrocities perpetrated against the Saharawi people. The South African Government noted with shock the death of a Saharawi political prisoner and human rights activist, Mr. Hasena Elwali Aleya, who died on 28 September 2014 at a military hospital in the illegally occupied Western Sahara city of Dakhla, where he had been admitted due to his dire health condition, as a result of medical negligence by the Moroccan occupying security forces whilst he was in prison. This notwithstanding, in April 2014, the mandate of MINURSO was extended without the human rights component. South African firmly believes that the refusal to deal with human rights abuses in Western Sahara creates a double standard and a clear impression that the UN simply does not care about the human rights of the people of Western Sahara.


Mr. Chairman,


In conclusion, President Jacob Zuma delivered a statement on 24 September 2014, to this August Assembly which reiterated that South Africa “will continue to support the struggle for freedom and self-determination including the struggles for the peoples of Western Sahara and Palestine who continue to experience occupation and colonialism of different forms.


South Africa reaffirms its support for the adoption of the Algerian Resolution on Western Sahara by this Committee that reiterates the principles of self-determination and decolonization.


I thank you.” (SPS)


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