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14Apr03

Question of Western Sahara

Commission on Human Rights resolution 2003/1

The Commission on Human Rights,

Having considered in depth the question of Western Sahara,

Reaffirming the inalienable right of all peoples to self-determination and independence, in accordance with the principles set forth in the Charter of the United Nations and in General Assembly resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Taking note of General Assembly resolution 57/135 of 11 December 2002,

Recalling its resolution 2002/4 of 12 April 2002,

Recalling also the agreement in principle given on 30 August 1988 by the Kingdom of Morocco and the Frente Popular para la Liberación de Saguía el-Hamra y de Río de Oro to the proposals of the Secretary-General of the United Nations and the Chair of the Assembly of Heads of State and Government of the Organization of African Unity in the context of their joint mission of good offices,

Recalling further all resolutions of the General Assembly, the Security Council and the Commission on Human Rights on the question of Western Sahara,

Recalling Security Council resolutions 658 (1990) of 27 June 1990 and 690 (1991) of 29 April 1991, in which the Council approved the settlement plan for Western Sahara,

Recalling also Security Council resolutions 1359 (2001) and 1429 (2002) of 30 July 2002, in which the Council stressed the need to reach a political solution to the dispute,

Reaffirming the responsibility of the United Nations towards the people of Western Sahara, as provided for in the settlement plan,

Noting with satisfaction the entry into force of the ceasefire in accordance with the proposal of the Secretary-General, and stressing the importance that it attaches to the maintenance of the ceasefire as an integral part of the settlement plan,

Noting also with satisfaction the agreements reached by the two parties during their private direct talks aimed at the implementation of the settlement plan and the acceptance by the two parties of the detailed modalities for the implementation of the Secretary-General's package of measures relating to the identification of voters and the appeals process, and stressing the importance that it attaches to a full, fair and faithful implementation of the resettlement plan and the agreements aimed at its implementation,

Noting that, despite the progress achieved, difficulties remain in the implementation of the settlement plan,

Noting also the fundamental differences between the parties in implementing the main provisions of the settlement plan,

Stressing that the lack of progress in the settlement of the dispute on Western Sahara continues to cause suffering to the people of Western Sahara, remains a source of potential instability in the region and obstructs the economic development of the Maghreb region and that, in view of this, the search for a political solution is critically needed,

Welcoming the efforts of the Secretary-General and his Personal Envoy in search of a mutually acceptable political solution which will provide for self-determination for the people of Western Sahara,

Recalling that the General Assembly has examined the relevant chapter of 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,

Recalling also that the General Assembly has examined the report of the Secretary-General (A/57/206),

1. Takes note of the report of the Secretary-General;

2. Commends the Secretary-General and his Personal Envoy for their outstanding efforts and the two parties for the spirit of cooperation which they have shown in the support that they provide for those efforts;

3. Takes note of the agreements reached between the Kingdom of Morocco and the Frente Popular para la Liberación de Saguía el-Hamra y de Río de Oro for the implementation of the settlement plan during their private direct talks under the auspices of James Baker III, the Personal Envoy of the Secretary-General, and urges the parties to implement those agreements fully and in good faith;

4. Urges the two parties to implement faithfully and loyally the Secretary-General's package of measures relating to the identification of voters and the appeals process;

5. Reaffirms the responsibility of the United Nations towards the people of Western Sahara, as provided for in the settlement plan;

6. Reiterates its support for further efforts of the Secretary-General for the organization and supervision by the United Nations, in cooperation with the African Union, of a referendum for self-determination of the people of Western Sahara that is impartial and free of all constraints, in conformity with Security Council resolutions 658 (1990) and 690 (1991), by which the Council approved the settlement plan;

7. Notes the fundamental differences between the parties in implementing the main provisions of the settlement plan;

8. Supports the efforts undertaken by the Secretary-General and his Personal Envoy to reach a political solution to the dispute on Western Sahara which will provide for self-determination for the people of Western Sahara;

9. Urges, in this regard, the two parties to continue their cooperation with the Secretary-General and his Personal Envoy with a view to reaching a mutually acceptable political solution to this dispute;

10. Takes note of the relevant resolutions of the Security Council, including resolutions 1349 (2001) of 27 April 2001 and 1359 (2001) of 29 June 2001, as well as resolution 1429 (2002) of 30 July 2002;

11. Calls upon the parties to cooperate with the International Committee of the Red Cross in its efforts to solve the problem of the fate of people unaccounted for, and calls upon the parties to abide by their obligation under international humanitarian law to release without further delay all those held since the start of the conflict;

12. Notes that the General Assembly has requested the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to continue to consider the situation in Western Sahara, bearing in mind the implementation of the settlement plan, and to report thereon to the Assembly at its fifty-eighth session;

13. Also notes that the General Assembly has invited the Secretary-General to submit to it, at its fifty-eighth session, a report on the implementation of General Assembly resolution 57/135 of 11 December 2002.

47th meeting

14 April 2003
[Adopted without a vote.
See chap. V. - E/CN.4/2003/L.11]]
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