Contested Territories 4: Western Sahara

2 April, Track 3 Session 5

Whose Riches? International Law and the Natural Resources of Western Sahara

Dr Dean Bialek
Independent Diplomat, USA

Like so many international disputes, contested sovereign rights over natural resources are a central element of the geo-political dynamic surrounding the long-standing dispute over the territory of Western Sahara. While the International Court of Justice confirmed long ago the absence of any sovereign ties between the Kingdom of Morocco and Western Sahara, the Moroccan government and cooperating foreign entities continue to explore and exploit the Territory’s natural riches, including substantial phosphate deposits, world class fisheries and significant potential for onshore and offshore reserves of oil and gas.

This presentation will describe the resources in question, analyse the relevant international legal principles and outline some recent developments – including the January 2009 declaration of a Western Saharan Exclusive Economic Zone – that should be borne in assessing the legality or otherwise of natural resource-related activities in Western Sahara.

Conference participants only: Powerpoint presentation available at foot of page.

Sovereignty & Self-Determination in Western Sahara

Mr Emhamed Khadad
Polisario, Western Sahara

The paper will shed light on the unfolding political drama in Western Sahara. Both East Timor and Western Sahara were abandoned by their former colonial occupiers and occupied by neighbouring countries, but while East Timor has now gained its independence, Western Sahara is still on the UN’s list of non-self-governing territories waiting for the right to self-determination. The discussion will focus on the lack of enforceability of UN resolutions, and the lack of political will of UN member states due to competing national interests and priorities, as impediments to ending illegal occupation of Western Sahara by Morocco. The paper will also touch on the relevance of the situation in Western Sahara to the the pursuit of a rules based international order in an increasingly conflict rife world.

The conflict in Western Sahara and the response from the International Community in resolving the issue provides a pertinent case study for the assertion that legality remains the essential prerequisite for which there is no alternative.

Western Sahara is situated in northwest Africa along the Atlantic coast between Morocco, Mauritania and Algeria bordering the Atlantic Ocean. Western Sahara is rich in phosphates and fish, which are currently being exploited by the occupying regime, and there is the possibility that the territory may have reserves of oil and gas.

The required process of decolonisation of the Spanish colony of Western Sahara was derailed by Morocco's and Mauritanian invasion and occupation of the territory in 1975. The territory is host to Africa’s longest-running territorial dispute and Western Sahara is Africa's last remaining colony.

In 1979, Mauritania abandoned its territorial claim over Western Sahara and signed a peace treaty with the indigenous people of Western Sahara. However, Morocco maintains administrative control and continues to claim sovereignty over most of the territory. The United Nations and the Organisation of African Unity/ African Union have been trying to organise a referendum on self-determination in Western Sahara but Morocco has obstructed that process until now.

Like Two Drops of Water: the Cases of Western Sahara and East Timor

Mr Pedro Pinto Leite
Secretary of the International Platform of Jurists for East Timor

For many years Western Sahara and East Timor were side by side on the UN list of Non-Self-Governing Territories, waiting for the moment to exercise their right to self-determination. In August 1999 the East Timorese were allowed to choose their future status. They chose independence and East Timor has since 2002 been a member of the United Nations. The Saharawis, who at an earlier stage had been promised a similar referendum by the international community, are still waiting.

Nevertheless, in terms of international law, the cases of Western Sahara and East Timor are like two drops of water. This presentation will review some of those similarities: the denial of the right to self-determination of both peoples, the crimes committed by Morocco and Indonesia by invading, occupying and annexing both territories, the plundering of their natural resources, the arguments advanced by both occupying powers, the proposals of autonomy as a “last offer”, the complicity of several major powers, the conclusions taken by the International Court of Justice, the weak position of the other United Nations’ organs, the stance of NGOs like Amnesty International and Human Rights Watch.

This paper will finally explain why, also in the case of Western Sahara, no alternative exists to self-determination.