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18Jun1990
Report of the UN Secretary-General on the situation concerning Western Sahara
Back to topUNITED NATIONS
Security CouncilDistr.
GENERALS/21360
18 June 1990
ENGLISH
ORIGINAL: ENGLISH/FRENCHTHE SITUATION CONCERNING WESTERN SAHARA
Report of the Secretary-General
CONTENTS
GENERAL INTRODUCTION
1. On 11 August 1988, the Secretary-General of the United Nations and the Special Envoy of the then Chairman of the Assembly of Heads of State and Government of the Organization of African Unity (OAU) presented, in separate meetings, to the parties to the conflict in Western Sahara, namely Morocco and the Frente Popular para la Liberación de Saguia el-Hamra y de Río de Oro (Frente POLISARIO), a document ("the settlement proposals") containing proposals for a just and definitive solution of the question of Western Sahara in conformity with General Assembly resolution 1514 (XV) by means of a cease-fire and the holding of a referendum without military or administrative constraints to enable the people of Western Sahara, in the exercise of their right to self-determination, to choose between independence and integration with Morocco.
2. On 30 August 1988, in separate meetings, the representatives of each of the two parties, while making comments and observations, informed the Secretary-General of their agreement in principle to the settlement proposals. On 20 September 198 8 the Security Council was informed of this fact by the Secretary-General, who provided the Council with an outline of the settlement proposals. The Council thereupon adopted resolution 621 (1988) of 20 September 1988, authorizing the Secretary-General to appoint a special representative for Western Sahara and requesting him to transmit to it as soon as possibile a report on the holding of a referendum for self-determination of the people of Western Sahara and on ways and means to ensure the organization and supervision of such a referendum by the United Nations in co-operation with OAU.
3. The present report is divided into two parts:
(a) Part I contains the full text of the settlement proposals as accepted in principle by the parties on 30 August 1988. The Secretary-General believes that it would be useful for the Council to have the full text available to it at this stage, thus supplementing the outline he had provided to the Council in 1988;
(b) Part II contains a report on developments since September 1988 and it contains the Secretary-General's implementation plan for giving effect to the settlement proposals, taking account of developments since their acceptance in principle by the parties. The implementation plan is submitted to the Council pursuant to its request contained in resolution 621 (1988).
Part I
Proposals, by the Secretary-General of the United Nations and the current Chairman of the Assembly of Heads of State and Government of the Organization of African Unity aimed at a settlement of the question of Western Sahara accepted in principle by the parties on 30 August 1988I. INTRODUCTION
4. The essential aim of the proposals by the Secretary-General of the United Nations and the current Chairman of OAU is to enable the people of the Territory of Western Sahara to exercise their right to self-determination and independence, in accordance with United Nations General Assembly resolutions 1514 (XV) of 14 December 1960 and 40/50 of 2 December 1985 and resolution AHG/Res. 104 (XIX) adopted by the Assembly of Heads of State and Government of OAU at its nineteenth ordinary session held at Addis Ababa from 6 to 12 June 1983. To this end, the Secretary-General of the United Nations and the current Chairman of OAU have held consultations with the two parties to the conflict in Western Sahara, Morocco and the Frente Popular para la Liberacion de Saquia el-Hamra y de Rio de Oro (Frente POLISARIO), aimed at promoting the conclusion of an agreement on the organization of a fair and impartial referendum, without military or administrative constraints.
5. The Secretary-General of the United Nations and the current Chairman of OAU believe that the following proposals represent a compromise and a practical and reasonable basis for implementing OAU resolution AHG/Res. 104 (XIX) and General Assembly resolution 40/50, while taking the two parties' interests into account.
6. To this end, they have drawn up proposals for settling the question of Western Sahara that would enable the people of the Territory to exercise their inalienable right to self-determination and independence under conditions acceptable to them and, hence, to the international community.
II. ROLE OF THE SECURITY COUNCIL
7. The Security Council will be called on to adopt a resolution requesting the Secretary-General to appoint a special representative. The Secretary-General will make this appointment in consultation with the current Chairman of OAU and with the consent of the parties to the conflict. The Security Council will make the necessary arrangements for the deployment of the Observer Group mentioned in paragraphs 12, 16, 17, 18 (d) and 20 below.
III. MANDATE AND FUNCTIONS OF THE SPECIAL REPRESENTATIVE OF THE SECRETARY-GENERAL
8. During the transitional period lasting from the entry into force of the cease-fire to the announcement of the results of the referendum, the Special Representative will have sole and exclusive authority over all matters relating to the referendum, its organization and conduct.
9. The Special Representative will be assisted by a Support Group made available to him by the Secretary-General of the United Nations and large enough to enable him to perform his organizational and supervisory functions. This Group will include a civilian unit, a military unit and a security unit. The Special Representative and the Support Group will make up the United Nations provisional administration during the transitional period.
10. In order to carry out fully and effectively the mandate and functions entrusted to him, the Special Representative will have the power to take any action he deems necessary to guarantee the freedom of movement and the security of the population, as well as the impartiality of the referendum. To this end, he will have the authority to take, on the spot, any administrative, technical or security measures which he deems it appropriate to apply in the Territory during the transitional period. Such measures will concern matters relating to the conduct of the referendum campaign, such as political meetings and publicity. The Special Representative of the Secretary-General will also be able to request the suspension of any law or measure which, in his view, might hinder the smooth conduct of a free and equitable referendum. Any dispute arising between the parties to the conflict and the Special Representative will have to be submitted to the Secretary-General of the United Nations for a decision.
IV. CEASE-FIRE
A. Cease-fire declaration
11. In conformity with the relevant provisions of General Assembly resolutions 1514 (XV) and 40/50 and OAU resolution AHG/Res. 104 (XIX), the parties to the conflict in Western Sahara, Morocco and the Frente POLISARIO, undertake to end all acts of hostility and to abide scrupulously by the cease-fire: to be declared by the Secretary-General of the United Nations, in consultation with the current Chairman of OAU, at a date and in accordance with the procedures set forth below.
B. Date and procedures for the cease-fire
12. As soon as he receives notification from the two parties that they agree to the present proposals, the Secretary-General of the United Nations will send identical letters to Morocco and the Frente POLISARIO proposing a date and a time for the entry into force of the cease-fire. In the letter, which will form an integral part of the present proposals, the Secretary-General of the United Nations will ask the two parties to notify him in writing of their readiness to abide by the terms of the cease-fire. He will also ask the two parties to notify him of their agreement to the proposed date, four weeks prior to the entry into force of the cease-fire. This period is necessary to give the two parties time to inform their troops of the date and exact time at which the cease-fire will take effect and to permit the deployment of the United Nations Observer Group mentioned in paragraphs 16, 17, 18 (d) and 20 below. The Secretary-General of the United Nations will keep the current Chairman of OAU informed of developments in the situation and will inform him as soon as he receives notification from the two parties that they agree to the terms of the cease-fire.
13. The parties to the conflict undertake to refrain from any act which might lead to hostilities during the period between the date when the Secretary-General of the United Nations receives their reply and the date when the cease-fire takes effect.
14. Immediately after the cease-fire has been declared, the parties to the conflict will halt all their military operations, including troop movements and reinforcements, and acts of violence or intimidation.
15. One week before the entry into force of the cease-fire, the parties to the conflict will notify the Special Representative of the Secretary-General of the United Nations of the size of their forces deployed.
16. So that a referendum may be organized without military constraints, Morocco undertakes to effect an appropriate, substantial and phased reduction of its troops in Western Sahara. The Moroccan troop reduction will be followed immediately by the deployment of the United Nations Observer Group in the Territory. The remaining troops, whose numbers must not exceed ... men, will be confined to locations designated by the Special Representative of the Secretary-General of the United Nations, and will be placed under the supervision of the United Nations Observer Group.
17. The Frente POLISARIO likewise undertakes to have all its troops confined, under the supervision of the United Nations Observer Group, to locations indicated to it by the Special Representative of the Secretary-General of the United Nations. The Moroccan troops and the Frente POLISARIO troops will be confined simultaneously. The confinement of the troops, together with their weapons and equipment, will be completed ... days after the date of entry into force of the cease-fire.
18. The parties to the conflict undertake scrupulously to observe a complete cessation of all acts of hostility so that the referendum process will be free of any interference or intimidation. The Special Representative will take measures concerning: (a) observance of the cessation of all acts of hostility; (b) military arrangements for the Support Group; and (c) military arrangements for the troops of the parties. Such measures include:
(a) The cessation of all hostilities by the two parties, and the confinement of the armed forces of Morocco and the Frente POLISARIO, as called for in paragraphs 16 and 17 above;
(b) The phased reduction of Moroccan troops in Western Sahara, with the exception of (number to be specified) of them, within a period of 12 weeks and before the official opening of the referendum campaign. The freedom of movement of the Moroccan forces remaining in the Territory will be restricted to the locations referred to in paragraph 16, and these forces will be withdrawn from the Territory 24 hours after the results of the voting are confirmed, if the outcome of the referendum so requires;
(c) The freedom of movement of the Frente POLISARIO forces will be restricted to the locations referred to in paragraph 17, and these forces will be disbanded 24 hours after the results of the voting are confirmed, if the outcome of the referendum so requires;
(d) The neutralization of Morocco's paramilitary forces by the United Nations Observer Group;
(e) Arrangements enabling members of the Frente POLISARIO who are outside the Territory to return to Western Sahara without hindrance, peacefully and unarmed, via entry points designated by the Special Representative, in order to participate freely in the referendum;
(f) The stipulation that the military unit of the Support Group will ensure that the parties comply with any provisions deriving from the outcome of the referendum.
19. The Special Representative will ensure that all the above measures are properly implemented.
20. The Secretary-General of the United Nations, after consulting the Security Council, will appoint a United Nations observer group to be stationed in Western Sahara. The Observer Group will be established and will function in accordance with the general principles applicable to United Nations peace-keeping operations. The Group will be large enough and its composition sufficiently broad for it to be able to perform the functions envisaged in the present proposals. The Group will be responsible for supervising the cessation of hostilities, the application of the cease-fire, the provision of supplies to the troops of the parties to the conflict and the exchange of prisoners. The Observer Group will also be responsible for ascertaining the respective positions of the forces of the two parties at the moment when the cease-fire takes effect. The exchange of prisoners will take place under the supervision of the Observer Group no later than ... days after the cease-fire begins.
21. Morocco and the Frente POLISARIO undertake to co-operate fully with the Observer Group and to abide by and observe scrupulously the above cease-fire provisions.
22. Algeria and Mauritania also undertake to co-operate fully with the Observer Group and to abide by and observe scrupulously the above cease-fire provisions.
V. REFERENDUM
23. In conformity with OAU resolution AHG/Res. 104 (XIX) and General Assembly resolutions 1514 (XV) and 40/50, a referendum will be organized in Western Sahara to enable the people of the Territory to decide their own future freely and democratically. The referendum will be organized and conducted by the United Nations, in co-operation with OAU, during a transitional period.
A. Census of the Saharan population
24. All Saharans counted in the 1974 census taken by the Spanish authorities and aged 18 years or over will have the right to vote in the referendum. With the assistance of the United Nations High Commissioner for Refugees (UNHCR), a census of Saharan refugees living outside the Territory will be taken in places designated by the Special Representative.
25. To facilitate the task of taking a census of the Saharan population, the Secretary-General will set up, in consultation with the current Chairman of OAU, an identification commission responsible for carefully and scrupulously reviewing the 1974 census and updating it. Under the authority of the Special Representative of the Secretary-General, the Commission will perform its task during the transitional period. In any case, it must have completed its work before the referendum campaign begins.
26. The Identification Commission will consist of a population expert familiar with the problems and features of Saharan society, assisted by three to five specialists in the demographics of countries whose population is predominantly nomadic. The Commission will form an integral part of the Support Group of the Special Representative of the Secretary-General.
27. The role of the Saharan Identification Commission will be:
(a) To review carefully the census taken in the Territory in 1974 by the Spanish authorities and update it;
(b) Calculate the real growth of the Saharan population in the period between the date of the above census and the date of organization of the referendum, taking into account the following elements:
(i) Births and deaths;
(ii) Movements of the Saharan population.
28. On the basis of the information mentioned above, the Identification Commission will establish as precisely as possible the number of Saharans living m the Territory of Western Sahara and the number of Saharan refugees and non-residents qualified to participate in the referendum.
29. The Saharan Identification Commission will function as follows:
(a) In the first stage, the Identification Commission will conduct its research under the guidance of the population expert, who will submit reports to the Special Representative on the progress of the Commission's work;
(b) In the second stage, once its preliminary research is complete, the Identification Commission will meet in the presence of the tribal chiefs of Western Sahara. The chiefs will be asked to comment on and contribute to the work of the Identification Commission;
(c) The representatives of the two parties and of OAU mentioned in paragraph 37 of the present document will also be invited to attend, as observers, meetings of the Identification Commission held with the Saharan tribal chiefs.
30. The Saharan Identification Commission will transmit the results and conclusions of its work to the Special Representative, who will submit them to the Secretary-General for consideration in consultation with the current Chairman of OAU.
B. Procedures for the referendum
31. The people of Western Sahara will choose, freely and democratically, between independence and integration with Morocco.
32. Voting will be by secret ballot. Arrangements will be made for people who cannot read or write.
33. The following conditions will have to be met to the satisfaction of the Special Representative of the Secretary-General, in order to guarantee the organization of a free and equitable referendum:
(a) Before the referendum campaign begins, the Special Representative of the Secretary-General may, if he considers it necessary and in the manner envisaged in paragraph 10 above, cause the suspension of any law or measure which, in his view, might limit or prevent the achievement of this objective;
(b) The Special Representative, in co-operation with the parties to the conflict, will take steps to ensure that all Saharan political prisoners and detainees are released before the beginning of the referendum campaign, so that they can participate freely and without restriction in the referendum. Any dispute concerning the release of political prisoners and detainees must be settled to the satisfaction of the Special Representative, who will be assisted in this task by an independent legal expert appointed by the Secretary-General of the United Nations;
(c) All Saharan refugees counted in the census taken pursuant to paragraph 24 above will be able to return freely to the Territory and participate without restriction in the referendum, without running the risk of arrest, detention, intimidation or imprisonment. Various entry points will be designated for this purpose by the Special Representative;
(d) With the assistance of the United Nations High Commissioner for Refugees, the Special Representative will make sure that Saharans residing outside the Territory are able to choose freely and voluntarily whether or not to return to the Territory;
(e) The referendum campaign will begin only when the Special Representative is satisfied that the procedure governing the referendum is equitable and can be applied.
34. The Special Representative will rule quickly on the starting date of the referendum campaign, the preparation of the registers of voters and any other procedural matter, in order to give all Saharans, without restriction and in complete equity, the opportunity to participate in the campaign. Complete freedom of speech, assembly, movement and the press will be guaranteed.
35. The Special Representative of the Secretary-General will be responsible for maintaining law and order in Western Sahara during the transitional period. The Special Representative will also ensure that no one can resort to intimidation or interfere in the referendum process.
36. At each stage of the referendum, the Special Representative will make sure that all the provisions and guarantees of the present document are being respected.
37. The Special Representative of the Secretary-General will invite the representatives of the two parties to the conflict in Western Sahara to observe the organization and conduct of the referendum, without prejudice to his exclusive authority as provided for in the present document. Should these observers have any complaints, they will submit them directly to the Special Representative, whose decision thereon will be final.
38. The two parties to the conflict undertake to co-operate fully with the Special Representative of the Secretary-General in the performance of his functions.
39. The Special Representative will also invite the representatives of OAU to observe the organization and conduct of the referendum, without prejudice to his authority as provided for in the present document. They may submit any observations they might have directly to the Special Representative, who will take whatever action he deems appropriate.
40. Morocco and the Frente POLISARIO undertake to accept and abide by the results of the referendum.
41. As soon as the results of the referendum have been certified by the Special Representative, the Secretary-General will notify the current Chairman of OAU and the United Nations Security Council and will take the necessary steps to give effect to the decision of the Saharan people as expressed in the referendum.
42. The neighbouring countries, Algeria and Mauritania, will do their utmost to ensure that the transitional arrangements and the results of the referendum are respected. They will make available to the Special Representative and the Support Group all the material resources they need in order to be able to perform their task and to facilitate the adoption of measures relating to security and order in the border regions.
Part II
Implementation plan proposed by the Secretary-General pursuant to Security Council resolution 621 (1988) of 20 September 1988I. INTRODUCTION
43. In its resolution 621 (1988) concerning the situation in Western Sahara the Security Council authorized the Secretary-General to appoint a special representative for Western Sahara. The Secretary-General accordingly appointed Mr. Hector Gros Espiell as his Special Representative with effect from 19 October 1988. Upon his resignation, Mr. Gros Espiell, was succeeded by Mr. Johannes Manz with effect from 19 January 1990.
44. The Secretary-General also undertook preparation of the report called for in Security Council resolution 621 (1988). Having taken note of the comments and observations made by the two parties in their acceptance of the settlement proposals and after further consultations with them and with the current Chairman of OAU, the Secretary-General, on 30 June 1989, established a technical commission at United Nations Headquarters, under his chairmanship, to study ways and means of implementing the settlement proposals. On 12 July 1989, the Special Representative handed to representatives of the two parties a draft timetable for the implementation of the settlement proposals, which had been prepared by the Technical Commission. Morocco's response to the draft timetable was received on 6 October 1989 and that of Frente POLISARIO a week later.
45. The Secretary-General has carefully studied the responses of the parties, as well as the recommendations of the Technical Commission. On the basis of this information, the Secretary-General, after consultations with the current Chairman of OAU, has come to the conclusion that the settlement proposals for Western Sahara should be implemented by means of the implementation plan contained in the present report.
46. The plan is to be carried out by the United Nations in co-operation with OAU, the representatives of which will be associated with the process throughout as official observers who may submit their observations at any stage to the Special Representative of the Secretary-General for his consideration and such action as he deems appropriate. The plan is based essentially on the provisions of the settlement proposals and attempts to meet, to the greatest extent possible, the major concerns of the parties as expressed to the Secretary-General and to the Chairman of OAU during the course of consultations over the past five years. Since presenting the settlement proposals to the parties, the Secretary-General has had further meetings with them and has provided them with additional clarification on points of particular concern to them.
II. MAIN ELEMENTS OF THE IMPLEMENTATION PLAN
47. The implementation plan contained in the present report provides for a transitional period during which:
(a) The Special Representative of the Secretary-General, acting under the authority of the Secretary-General and, as necessary, on instructions from and in consultation with him, will have sole and exclusive responsibility over all matters relating to the referendum, including its organization and conduct;
(b) The Special Representative will be assisted by a United Nations support group, including civilian, military and security (civil police) units, made available by the Secretary-General and large enough to enable the Special Representative to perform his organizational and supervisory functions;
(c) There will be a cease-fire monitored by United Nations military personnel, followed by an exchange of prisoners of war under the auspices of the International Committee of the Red Cross (ICRC);
(d) Morocco will undertake an appropriate, substantial and phased reduction of its troops in the Territory;
(e) The combatants on each side will be confined to certain locations specified by the Special Representative where they will be monitored by United Nations military personnel;
(f) The United Nations will organize and conduct a referendum, and issue the necessary regulations, rules and instructions for this purpose, in which the people of Western Sahara will choose between independence or integration with Morocco;
(g) The United Nations will monitor other aspects of the administration of the Territory, especially the maintenance of law and order, to ensure that the necessary conditions exist for the holding of a free and fair referendum;
(h) Following on the proclamation of an amnesty, political prisoners will be released and all laws or regulations which, in the view of the Special Representative, could impede the holding of a free and fair referendum will be suspended to the extent the Special Representative deems this to be necessary;
(i) All refugees and other Western Saharans resident outside the Territory and wishing to return will be enabled to do so by the United Nations, after the latter has established their right to vote;
(j) The referendum should be held 24 weeks after the cease-fire comes into effect and its results should be proclaimed within 72 hours. The Special Representative will have the authority to determine whether circumstances require any alteration in these deadlines;
(k) Algeria and Mauritania will, as they have already indicated to the Secretary-General, co-operate with the Special Representative in ensuring that the transitional arrangements and the results of the referendum are respected.
The detailed modalities for carrying out the above elements in the implementation plan are described in the following paragraphs.
III. THE SPECIAL REPRESENTATIVE AND THE UNITED NATIONS MISSION FOR THE REFERENDUM IN WESTERN SAHARA
48. The Special Representative, appointed by the Secretary-General pursuant to Security Council resolution 621 (1988), will be his representative in Western Sahara for the implementation of the mandate to be conferred on the Secretary-General by the Security Council. The Special Representative, acting under the authority of the Secretary-General as described in paragraph 47 (a) above, will carry out the tasks provided for him in the settlement proposals and the present implementation plan. The Special Representative will ensure that all elements of the proposals and plan are complied with and he will, at all times, act in accordance with the terms of the proposals and the plan.
49. The Special Representative will be assisted in his tasks by a deputy Special representative and by an integrated group of United Nations civilian, military and civil police personnel which he will head and direct. This group will be known as the United Nations Mission for the Referendum in Western Sahara (MINURSO). Arrangements concerning the status, of MINURSO and its personnel will be made with the parties and with neighbouring States involved in the implementation of the settlement proposals. Further information on the proposed composition and tasks of the units comprising MINURSO is to be found in paragraphs 77 to 82 below.
IV. TRANSITIONAL PERIOD
50. The transitional period will begin with the coming into effect of the cease-fire and end with the proclamation of the results of the referendum. However, the United Nations would continue to have responsibilities for monitoring either the withdrawal of Moroccan troops or the demobilization of Frente POLISARIO troops, depending on the outcome of the referendum. The discharge of these responsibilities could take from four to six weeks (see para. 75 below). Thereafter, the United Nations will require a further period of four weeks to effect the withdrawal of its personnel and equipment from the Territory. MINURSO' s presence in the Territory is thus expected to last for up to 35 weeks from the coming into effect of the cease-fire, subject to the authority given to the Special Representative to determine whether circumstances require any alteration m the timing of the referendum (see para. 47 (j) above).
V. CEASE-FIRE
51. When the Security Council has authorized the establishment of MINURSO, the Secretary-General will address identical letters to Morocco and Frente POLISARIO proposing a date and time ("D-Day") for the entry into force of the cease-fire. On D-Day the parties will cease all military operations, including troop movements (except as required or permitted under paras. 54 to 57 below) and any strengthening of positions. The date proposed for D-Day will be approximately 14 weeks after the date of the dispatch of the Secretary-General's letters. This timing is dictated by the need to ensure that the Military Unit of MINURSO which will monitor the parties' compliance with the cease-fire will be effectively deployed throughout its area of operations by the time the cease-fire comes into effect.
52. In his letters, therefore, the Secretary-General will ask the parties to confirm in writing by a specified date that they accept both the terms of the cease-fire and the date and time proposed. The parties will also be asked to undertake to refrain from any act which could lead to hostilities during the period between their acceptance of the cease-fire and its coming into effect.
53. After the cease-fire has come into effect, the Military Unit of MINURSO will report any violation thereof immediately to the Special Representative. The Special Representative will take the matter up with the party or parties concerned and, as necessary, report to the Secretary-General, who may bring the violation to the attention of the Security Council for such action as the Council may think fit.
VI. MOROCCAN MILITARY PRESENCE
54. To permit the holding of a referendum without military constraints, Morocco has agreed to make an appropriate, substantial and phased reduction of its troops in the Territory during the transitional period, to a level acceptable to the Secretary-General. This reduction will be effected within a period of 12 weeks beginning on D-Day. At the end of the 12-week period the Military Unit of MINURSO will verify that the Moroccan troop strength in the Territory does not exceed the accepted level.
VII. CONFINEMENT OF EACH PARTY'S COMBATANTS TO AGREED LOCATIONS
55. One week before D-Day each party will inform the Secretary-General of the strength and location of its military forces. With effect from D-Day the troops of each party, together with their arms and military equipment, will be confined to the locations described in paragraphs 56 and 57 below, plus any additional locations which may be determined by the Special Representative after consulting the parties. The troops' confinement to these locations will be monitored by the Military Unit of MINURSO. No movement outside the agreed locations will be permitted except for the purpose specified in paragraph 54 above or for routine logistic purposes or rotation, for which the authority of the Military Unit of MINURSO will be required in each case. The Special Representative will deal with any violation of the agreed arrangements in the manner described in paragraph 53 above.
56. The Moroccan troops remaining in the Territory will, with the exceptions mentioned in this paragraph, consist only of troops deployed in static or defensive positions along the sand wall constructed by Morocco close to the eastern and southern frontiers of the Territory. All intervention forces and artillery units will have been withdrawn, as will all Moroccan air force units previously used for interdiction and offensive operations. The only exceptions to these arrangements will be:
(a) Certain logistic and support units required to support the Moroccan troops deployed along the sand wall, and not exceeding a level acceptable to the Secretary-General, will remain deployed at their present locations at Laayoune, Dakhla and Smara; they will not, however, carry weapons in the towns or circulate there in uniform, whether on or off duty;
(b) The Moroccan air force will continue to provide meteorological services, air traffic control and radio communications within the Territory but will retain only those aircraft that are essential for the logistic support of the Moroccan troops remaining in the Territory;
(c) The Moroccan navy will continue to perform such tasks as coastal patrolling.
All the above activities will be closely monitored by the Military Unit of MINURSO.
57. Frente POLISARIO troops will be confined to locations to be designated before D-Day by the Special Representative and their activities will be closely monitored by the Military Unit of MINURSO. In this regard, the Governments of Algeria and Mauritania have indicated their readiness to co-operate with the Special Representative.
VIII. ORGANIZATION AND CONDUCT OF THE REFERENDUM
58. In the settlement proposals the parties recognize that sole and exclusive responsibility for the organization and conduct of the referendum is vested in the United Nations. They have thus accepted the authority of the Organization to take the legislative and administrative steps necessary to accomplish this purpose. The Secretary-General will issue regulations to be given effect in the Territory by all concerned which essentially embody the relevant provisions of the settlement proposals agreed to by the parties. Additionally, these regulations will authorize the Special Representative, and relevant components of MINURSO acting with his consent, to issue rules and instructions, consistent with the regulations, which give detailed effect to the regulations. The regulations, rules and instructions will provide the fundamental basis for the organization and conduct of the referendum and will thus, to the extent of any incompatibility, prevail over existing laws or measures in force in the Territory.
59. The responsibility of the United Nations in respect of the referendum can be divided into three main areas:
(a) The identification and registration of those eligible to vote;
(b) The establishment of the conditions and modalities for a referendum campaign in which freedom of speech, assembly, movement and the press are guaranteed;
(c) The conduct of the voting in a manner permitting participation by all eligible voters, without interference or intimidation, and ensuring the secrecy of the ballot.
A. Identification Commission
60. To assist the Special Representative in fulfilling his responsibilities with regard to the identification and registration of those eligible to vote, the Secretary-General will appoint and issue terms of reference for an identification commission, including demographic experts, in whose work the parties and the representatives of OAU will, as appropriate, participate as official observers. The tribal chiefs of Western Sahara will also meet with the Identification Commission to contribute to its work.
B. Identification and registration of voters
61. Under the terms of the settlement proposals the Identification Commission will implement the agreed position of the parties that all Western Saharans counted in the 1974 census undertaken by the Spanish authorities and aged 18 years or over will have the right to vote, whether currently present in the Territory or outside as refugees or for other reasons. The Identification Commission, which may set up Sub-Commissions to discharge its functions in the various registration districts into which the Territory and the refugee camps will be divided, is required to update the census to provide a current basis for issuing lists of qualified voters.
62. At various stages of its work the lists prepared by the Commission will be published in the Territory and outside in areas where refugees and other Western Saharans are gathered and arrangements made for challenges to the inclusion or exclusion of any names. Any person identified as qualified to vote will at the same time be issued with a voter registration card. When the Commission has completed its compilation of the lists of those eligible to vote they will be submitted to the Secretary-General, through the Special Representative, for consideration in consultation with the current Chairman of OAU. Final lists will be issued when these are authorized by the Secretary-General. It is envisaged that the Identification Commission will complete its work before the beginning of the referendum campaign, that is by D-Day plus 18 weeks.
C. Referendum Commission
63. To assist the Special Representative in all other aspects of the organization and conduct of the referendum, the Secretary-General will appoint and issue terms of reference for a referendum commission. The Commission may establish Sub-Commissions to undertake particular responsibilities, and may co-opt as members experts in the particular subjects assigned to the Sub-Commission concerned. As in the case of the Identification Commission, representatives of the parties and of OAU will be associated with the work of the Commission and its Sub-Commissions in the capacity of official observers. In view of its responsibilities to advise on the day-to-day planning of the referendum, the Referendum Commission should commence its work as soon as possible after the Security Council has authorized the establishment of MINURSO.
D. Referendum campaign
64. As far as the establishment of the conditions and modalities for the conduct of the referendum campaign are concerned, the Referendum Commission will advise the Special Representative on the measures necessary to ensure a referendum that is free and fair, without military or administrative constraints. Such measures would include those necessary to:
(a) Guarantee freedom of movement, the security of the population and freedom of speech, assembly and the press;
(b) Permit the organization and holding of political meetings, rallies, demonstrations and marches;
(c) Publicize through available and .appropriate media the issues regarding the referendum and points of view of the population;
(d) Facilitate the peaceful return to the Territory of all persons eligible to vote in the referendum;
(e) Deal with complaints that the provisions of the settlement proposals, or of the referendum regulations, or the rules or instructions issued pursuant thereto, have not been complied with;
(f) Ensure that law and order is maintained in the Territory forpurposes of the referendum process through the monitoring of existing police activities and the deployment of the MINURSO Security (Civil Police) Unit and that no one can resort to intimidation or interfere in the referendum process.
E. Referendum
65. As far as the actual conduct of the referendum is concerned, the Referendum Commission will advise the Special Representative on matters such as:
(a) The date of the referendum;
(b) The requirements for polling stations, ballot boxes and ballot forms;
(c) The manner and conduct of voting;
(d) The association of the official observers from the parties and the representatives of OAU with the voting process;
(e) The tally of the voting and the issuance of the results of the voting;
(f) The lodging of any petitions concerning the results of the voting;
(g) The definition and determination of offences relating to the referendum and their consequences.
66. In the performance of their functions the Identification Commission and the Referendum Commission will prepare any rules or instructions of the nature outlined in paragraph 58 above that are necessary to give effect to their recommendations and which, after approval by the Special Representative, will be issued and put into effect by all concerned.
IX. OTHER RESPONSIBILITIES OF THE SPECIAL REPRESENTATIVE DURING THE TRANSITIONAL PERIOD
67. In addition to his direct responsibility for the organization and conduct of the referendum itself, the Special Representative will also be required to satisfy himself that the necessary conditions are otherwise met in order to guarantee the organization of a free and fair referendum. He will accordingly monitor closely the manner in which the authorities involved carry out their day-to-day responsibility for other aspects of the administration of the Territory during the transitional period. If he concludes that any steps or measures would conflict with the agreed objective of holding a free and fair referendum to enable the people of Western Sahara to determine their future without military or administrative constraints, he will bring the matter to the attention of those concerned with a view to an amicable settlement. Should any differences persist the Special Representative will report the matter to the Secretary-General for such action as the Secretary-General may think fit.
68. The Special Representative will pay special attention to the arrangements made for the maintenance of law and order during the transitional period. In this respect, it is envisaged in particular that the Special Representative will have exclusive authority in all United Nations premises connected with the referendum and in their immediate vicinity, such as voter registration offices and polling stations. This authority would include the maintenance of law and order in such premises, the Special Representative being provided with United Nations civil police for this purpose. Such civil police, in cases of emergency, could call upon the Military Unit of MINURSO to render assistance to them. In other areas, the activities of the existing police forces will be closely monitored by the Security (Civil Police) Unit of MINURSO.
69. Before the beginning of the referendum campaign, the neutralization of the paramilitary units in the existing police forces (the "mobile action companies" and "auxiliary forces") will be carried out through the deposit of their weapons, ammunition and military equipment in armouries where their safe custody will be monitored by the Military Unit of MINURSO.
X. RELEASE OF POLITICAL PRISONERS AND SUSPENSION OF LAWS WHICH MIGHT IMPEDE A FREE AND FAIR REFERENDUM
70. The Special Representative will take steps with the two parties to ensure the release, before the-beginning of the referendum campaign, of all Western Saharan political prisoners or detainees and to this end an amnesty is envisaged as the first stage. In this work he will be assisted by an independent jurist appointed by the Secretary-General. Any difference concerning the release of political prisoners or detainees will be settled in a manner satisfactory to the Special Representative.
71. Before the beginning of the referendum campaign, the Special Representative will ensure that the authorities involved suspend any law or measure which, in his judgement, could obstruct the conduct of a free and fair referendum and which would not otherwise be superseded by the regulations, rules and instructions referred to in paragraph 58 above.
XI. RETURN OF REFUGEES, OTHER WESTERN SAHARANS AND MEMBERS OF FRENTE POLISARIO ENTITLED TO VOTE
72. Following the completion of the work of the Identification Commission, all refugees who have been identified as having the right to vote in the referendum and who have expressed the wish to return to the Territory will be enabled to do so, together with their immediate families, through a programme organized by UNHCR. The Special Representative will designate a number of points at which returnees will be able to cross into the Territory. Security at these crossing-points and at reception centres established by UNHCR will be provided by the Military Unit of MINURSO. The Special Representative will also take such steps as may be necessary to ensure that the returnees will be able to take part in the referendum, without restriction or risk of being arrested, detained, intimidated or imprisoned. To this end they will be granted a general and complete amnesty.
73. Likewise, other Western Saharans, not refugees but resident outside the Territory, who are found eligible to vote by the Identification Commission, will be permitted to return to the Territory, together with their immediate families. It is the Secretary-General's intention to ask the High Commissioner for Refugees to extend his good offices to these Western Saharans and to assume responsibility for their voluntary repatriation from designated locations in neighbouring countries.
74. Frente POLISARIO combatants found eligible to vote who wish to take part in the referendum will be enabled to return, peacefully and without arms or uniforms, together with their immediate families, in accordance with the arrangements described in the two preceding paragraphs, including the amnesty. The arms, ammunition and military equipment of returning Frente POLISARIO combatants will be deposited at the locations referred to in paragraph 57 above where their safe custody will be monitored by the Military Unit of MINURSO. The disposition of these arms, ammunition and equipment will be decided after the results of the referendum are known.
XII. PROCLAMATION OF THE REFERENDUM RESULTS
75. The results of the referendum shall be proclaimed as indicated in paragraph 47 (j) above. If the decision is for independence, the withdrawal of all remaining Moroccan troops will begin within 24 hours and will be completed within 6 weeks. The withdrawal will be monitored by the Military Unit of MINURSO.If the decision is for integration with Morocco, the demobilization of any Frente POLISARIO troops who have not returned to take part in the referendum will begin within 24 hours of the proclamation of the result and will be completed within 4 weeks, under the monitoring of the Military Unit of MINURSO.
76. As soon as the results of the referendum have been proclaimed, the Special Representative will begin to reduce United Nations personnel in Western Sahara. The Special Representative and his remaining civilian and military staff will complete their withdrawal as soon as possible after all the tasks assigned to them by the Security Council have been satisfactorily carried out.
XIII. COMPOSITION AND TASKS OF THE UNITED NATIONS MISSION FOR THE REFERENDUM IN WESTERN SAHARA
77. The Secretary-General has defined the tasks of the three units (civilian, military and security) that are provided for in the settlement proposals, and which will make up MINURSO, in the light of the responsibilities of the United Nations described above.
A. Civilian Unit
78. The Civilian Unit, which is central to the operation, will comprise the office of the Special Representative and his support staff in fields such as administration, legal and legislative matters, questions relating to refugees and political detainees, information and public relations. In addition, a major part of the Civilian Unit will be responsible for the organization and conduct of the referendum. The Unit will consist largely of officials of the United Nations. It is hoped, however, that a significant number of personnel, especially personnel directly concerned with the organization and conduct of the referendum, will be made available by Governments at the Secretary-General's request.
B. Security Unit
79. The Security Unit will be made up of civil police. Their task will be:
(a) To ensure tranquillity and maintain law and order in the vicinity of, and at, voter registration offices and polling stations, to ensure that no person is denied entry for the purposes of registration or voting and, when specifically so ordered, to maintain order at other locations where activities in connection with the referendum, under MINURSO auspices or authority, are taking place;
(b) To monitor the activities of the existing police forces so as to ensure that they are acting in strict accordance with the settlement proposals and the present implementation plan, which are intended to secure the organization of a free and fair referendum without military or administrative constraints and to prevent any possibility of intimidation or interference from any quarter.
80. The Security Unit will be commanded by a Police Commissioner appointed by the Secretary-General. The members of the Unit will be provided by Governments, at the request of the Secretary-General. Its terms of reference, which will be drawn up on the authority of the Secretary-General, will define the circumstances under which members of the Civil Police Unit may in the course of their duties take offenders into custody, and the procedures to be followed thereafter. The terms of reference will also spell out the monitoring responsibility of members of the Security Unit and the procedures they are to follow in submitting the details of any infractions involved to the Special Representative for action.
C. Military Unit
81. The tasks of the Military Unit will be:
(a) To monitor the cease-fire;
(b) To verify the agreed reduction in troops;
(c) To monitor the confinement of troops of both sides to agreed locations;
(d) To monitor the custody of certain arms and ammunition;
(e) To provide security for the return of Western Saharans from outside the Territory at designated crossing-points and at UNHCR reception centres;
(f) To assist the Security Unit, as required;
(g) Depending on the results of the referendum, to monitor the activities described in paragraph 75 above.
82. To perform the above tasks the Military Unit will require military observers, infantry, an air unit and other logistics personnel. It will be under the command of the United Nations, vested in the Secretary-General, under the authority of the Security Council. The command in the field will be exercised by a force commander appointed by the Secretary-General after consultation with the parties and with the consent of the Security Council. The Force Commander will report to the Secretary-General through the Special Representative. The normal rules in United Nations peace-keeping operations for the bearing and use of arms will apply. The Secretary-General will report regularly to the Security Council on the functioning of the Military Unit, as on the other activities of MINURSO. The military personnel of MINURSO will be contributed by States Members of the United Nations, at the request of the Secretary-General, who will consult the parties and obtain the Security Council's approval of the composition of the Military Unit.
XIV. OBSERVATIONS
83. The present report is presented to the Security Council in pursuance of paragraph 2 of resolution 621 (1988) in which the Security Council requested the Secretary-General to transmit to it as soon as possible a report on the holding of a referendum for self-determination of the people of Western Sahara and on ways and means to ensure the organization and conduct of such a referendum by the United Nations in co-operation with OAU. I believe that the implementation plan contained in the present report provides an effective means of holding such a referendum and permitting the people of Western Sahara to determine their future without military or administrative constraints. I accordingly commend it to the Security Council for such ac'tion as the Council may think appropriate in order to facilitate its implementation at the earliest possible date.
84. It will be clear from the present report that the United Nations operation in Western Sahara will be large and complicated. There are at present unknown factors and it is not possible at this stage to present to the Council even a preliminary estimate of what the cost will be. It is therefore my intention to dispatch, in the immediate future, a technical mission to the Territory and to neighbouring countries to refine the administrative aspects of the plan outlined in the present report and to obtain the information, especially information about the availability of logistic supplies and support in the Territory, which is required to prepare a further report to the Security Council containing an estimate of the cost of MINURSO, and, in due course, a detailed budget for submission to the General Assembly.
85. It will be my intention, when submitting the further report to the Security Council, to recommend that it authorize the immediate establishment of MINURSO for purposes described in the present report. At the same time, I shall recommend that, if the Council decides to set up MINURSO, its costs should be considered as expenses of the Organization to be borne by the Member States in accordance with Article 17, paragraph 2, of the Charter. I would intend to recommend to the General Assembly that the assessments to be levied on Member States be credited to a special account that would be established for this purpose.
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