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UNIO - EU Law Journal. Vol. 5, No. 2, July 2019, pp 103-127. ®2019 Centre of Studies in European Union Law School of Law – University of Minho You can’t have your cake and eat it too: Portugal and the self-determination of Western Sahara Francisco Pereira Coutinho* ABSTRACT: Western Sahara self-determination posits a conundrum to Portuguese foreign policy. Moral and legal imperatives which stem from the relentless efforts taken in the 80’s and the 90’s advocating in international fora the self-determination of East Timor impel the pursuit of an idealistic diplomacy of unconditional support for the akin self-determination of Western Sahara. Political, strategic, economic, historical and cultural ties dictate a realpolitik aimed at fostering diplomatic relations with Morocco without shunning Algeria, another key stakeholder in the Maghreb region. These constraints motivated the adoption of an impartial and equidistant position towards the Western Sahara conflict. This strategy was exposed after the Court of Justice ceased in Front Polisario, the de facto application of the EU/Morocco agreements in Western Sahara. Notwithstanding multiple pledges to the contrary, the Portuguese Government picked Morocco’s side in the conflict by lodging written interventions aimed at neutralizing the Court of Justice of the EU, and by approving Council decisions that expressly extend EU/Morocco agreements to Western Sahara in breach of EU and international law. KEYWORDS: access to documents – decolonization – international agreements – self- determination – Western Sahara. * Professor at the Faculdade de Direito da Universidade Nova de Lisboa (Lisbon Nova Law School). Member of CEDIS – R & D Research Center for Law and Society. -
War and Insurgency in the Western Sahara
Visit our website for other free publication downloads http://www.StrategicStudiesInstitute.army.mil/ To rate this publication click here. STRATEGIC STUDIES INSTITUTE The Strategic Studies Institute (SSI) is part of the U.S. Army War College and is the strategic-level study agent for issues relat- ed to national security and military strategy with emphasis on geostrategic analysis. The mission of SSI is to use independent analysis to conduct strategic studies that develop policy recommendations on: • Strategy, planning, and policy for joint and combined employment of military forces; • Regional strategic appraisals; • The nature of land warfare; • Matters affecting the Army’s future; • The concepts, philosophy, and theory of strategy; and, • Other issues of importance to the leadership of the Army. Studies produced by civilian and military analysts concern topics having strategic implications for the Army, the Department of Defense, and the larger national security community. In addition to its studies, SSI publishes special reports on topics of special or immediate interest. These include edited proceedings of conferences and topically-oriented roundtables, expanded trip reports, and quick-reaction responses to senior Army leaders. The Institute provides a valuable analytical capability within the Army to address strategic and other issues in support of Army participation in national security policy formulation. Strategic Studies Institute and U.S. Army War College Press WAR AND INSURGENCY IN THE WESTERN SAHARA Geoffrey Jensen May 2013 The views expressed in this report are those of the authors and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. -
An Unusual Revolution: the Palestinian Thawra in Lebanon, C
Durham Middle East Papers AN UNUSuaL REVOLUTION: THE PALESTINIAN THAWra IN LEBANON, C. 1969-82 Dr Anne Irfan Durham Middle East Paper No. 103 Durham Middle East Papers Institute for Middle Eastern and Islamic Studies Institute for Middle Eastern and Islamic Studies Durham University Al-Qasimi Building Elvet Hill Road Durham AN UNUSuaL REVOLUTION: Durham Middle East Papers No. 103 DH1 3TU ISSN 1476-4830 THE PALESTINIAN THAWra IN LEBANON, C. 1969-82 Tel: +44 (0)191 3345680 September 2020 The Durham Middle East Papers series covers all aspects of the economy, politics, social science, history, literature and languages of the Middle East. Authors are invited to submit papers to the Editorial Board for consideration for publication. Dr Anne Irfan The views expressed in this paper are the author(s) alone and do not necessarily reflect those of the publisher or IMEIS. All Rights Reserved. This paper cannot be photocopied or reproduced without prior permission. Durham Middle East Paper No. 103 © Dr Anne Irfan and Durham University, 2020 About The Institute Editorial Board The Institute for Middle Eastern and Islamic Studies (IMEIS), within the Professor Anoush Ehteshami Dr Colin Turner School of Government & International Affairs, is a Social Science-focused Exofficio member Reader in Islamic Thought in academic institute of excellence, research-led in ethos, with a track-record of Professor of International Relations the School of Government and internationally acclaimed research outputs across all sub-areas of its activity. in the School of -
Human Rights in Western Sahara and in the Tindouf Refugee Camps
Morocco/Western Sahara/Algeria HUMAN Human Rights in Western Sahara RIGHTS and in the Tindouf Refugee Camps WATCH Human Rights in Western Sahara and in the Tindouf Refugee Camps Morocco/Western Sahara/Algeria Copyright © 2008 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-420-6 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org December 2008 1-56432-420-6 Human Rights in Western Sahara and in the Tindouf Refugee Camps Map Of North Africa ....................................................................................................... 1 Summary...................................................................................................................... 2 Western Sahara ....................................................................................................... 3 Refugee Camps near Tindouf, Algeria ...................................................................... 8 Recommendations ...................................................................................................... 12 To the UN Security Council .................................................................................... -
The Legal Issues Involved in the Western Sahara Dispute
The Legal Issues Involved In The Western Sahara Dispute The Principle of Self-Determination and the Legal Claims of Morocco COMMITTEE ON THE UNITED NATIONS JUNE 2012 NEW YORK CITY BAR ASSOCIATION 42 WEST 44TH STREET, NEW YORK, NY 10036 THE LEGAL ISSUES INVOLVED IN THE WESTERN SAHARA DISPUTE THE PRINCIPLE OF SELF-DETERMINATION Table of Contents Contents Page PART I: FACTUAL BACKGROUND....................................................................................... 3 PART II: ENTITLEMENT OF THE PEOPLE OF WESTERN SAHARA TO SELF- DETERMINATION UNDER INTERNATIONAL LAW ........................................................... 22 I. THE RIGHT TO SELF-DETERMINATION UNDER INTERNATIONAL LAW: GENERAL PRINCIPLES ............................................................................................................ 22 A. Historical Development of the Right to Self-Determination ................................................ 23 B. The United Nations Charter and Non-Self-Governing Territories ....................................... 26 C. Status of Right as Customary Law and a Peremptory Norm ................................................ 27 D. People Entitled to Invoke the Right ...................................................................................... 32 E. Geographic Boundaries on the Right to Self-Determination ................................................ 34 F. Exceptions to the Right to Self-Determination ..................................................................... 38 II. THE COUNTERVAILING RIGHT TO TERRITORIAL -
General Chronology of the Mediterranean
Chronologies General Chronology of the Mediterranean The general chronology presented continues to weaken and early elec- on 3rd July, after the scandal provoked here assembles details of the most tions are announced. by his insinuations about the assassi- Appendices relevant events that have taken place nation of the government labour con- in each of the states of the Mediter- Spain sultant, Marco Biagi. ranean region between July 2002 and • On 23rd July, President Carlo June 2003. The episodes are organ- • On 16th July, in the French depart- Aseglio Ciampi denounces the conflict ised according to the months in which ment of Les Landes four people are between Prime Minister Silvio Berlus- they happened, and each month is arrested and accused of belonging to coni’s political duties and his power 2003 headed by a schematic selection of ETA. In Paris, a court sentences ex- over the media. The President calls for news items; and accounts are given commander of ETA, Francisco Javier legislation that will assure its pluralism Med. of the most significant events in the dif- García Gaztelu, alias Txapote, to ten and impartiality. ferent countries. Furthermore, the es- years in prison for the planning of ter- tablishment of the African Union is in- rorist acts. Croatia cluded, as well as the monthly section • On 18th July, the French police, in that includes a segment about the Eu- collaboration with the Spanish Civil • After a crisis in the coalition gov- ropean Union, whose power and ini- Guard, arrest eight alleged members ernment, the reformist Prime Minister tiatives have a decisive influence on of the urban guerrilla group, the First of Ivica Racan resigns on 5th July, pub- 238-239 the Mediterranean area. -
The United Nations and Western Sahara: a Never-Ending Affair
UNITED STATES InsTITUTE OF PEACE www.usip.org SPECIAL REPORT 1200 17th Street NW • Washington, DC 20036 • 202.457.1700 • fax 202.429.6063 ABOUT THE REPORT Anna Theofilopoulou The Institute’s recently created Center for Mediation and Conflict Resolution has placed high priority on developing lessons learned from recent efforts to mediate international conflicts. The case of the United Nations’ efforts to mediate an end to the seemingly intractable conflict in the Western Sahara is particularly instructive. Several mediators have been The United Nations and employed over the duration of this effort, with the most important being former U.S. Secretary of State James Baker from 1997 to 2004. His efforts as the UN’s mediator are Western Sahara highlighted in this report. During this mediation Baker was the secretary-general’s personal envoy on Western Sahara. The author of this Special Report, Anna Theofilopoulou, was A Never-ending Affair ideally placed within the UN system to both observe and participate in this mediation effort. She covered Western Sahara and the Maghreb region in the UN’s Department of Political Affairs from 1994 to 2004. She assisted Baker in his role as secretary-general’s personal envoy on Western Sahara. The views expressed in this report do not necessarily reflect the views of the United States Institute of Peace, which does not advocate specific policy positions. SPECIAL REPORT 166 JULY 2006 CONTENTS Introduction 2 Source: Perry-Castañeda collection at the University of Texas Library. The UN Settlement Plan 3 Efforts to Implement the Settlement Plan 4 Summary Enter James A. -
<I>Silenced Resistance: Women, Dictatorships, and Genderwashing
Joanna Allan. Silenced Resistance: Women, Dictatorships, and Genderwashing in Western Sahara and Equatorial Guinea. Madison: University of Wisconsin Press, 2019. ISBN 9780299318406 (HB), 360 pp. The field of Western Sahara scholarship has lately been undergoing a minor surge. Since the publication of Stephen Zunes and Jacob Mundy’s agenda- setting 2010 work War, Nationalism, and Conflict Irresolution, scholars have been publishing new books on the conflict quite regularly: Alice Wilson’s excellent Sovereignty in Exile came out in 2016; 2018 saw Konstantina Isidoros’ Nomads and Nation-Building (also reviewed in this issue); and 2019 has already seen the release of Joanna Allan’s Silenced Resistance. More work is forthcoming from a number of recent doctoral students. For a conflict involving a relatively small number of people tucked away in a remote corner of the Sahara, this level of scholarly attention is a testament to the complexity of the issues involved. It is worth noting that all three of the books mentioned above – by Wilson, Isidoros and Allan – were written by female ethnographers (Sophie Caratini, writing in French about the conflict, should not be omitted either). There is something about the structure of gender relations in Sahrawi society (Sahrawis are the indigenous people of Western Sahara, although that statement should be understood to come with a number of epistemological caveats) that seems to ensure this will be the case. For one thing, Polisario, Western Sahara’s government-in-exile, has gone to some lengths to present itself to the West as a paragon of liberal Islam, of social and gender equality (for more on this, see Elena Fiddian-Qasimeyeh’s The Ideal Refugees). -
1 Western Sahara As a Hybrid of A
ORE Open Research Exeter TITLE Western Sahara as a Hybrid of a Parastate and a State-in-exile: (Extra)territoriality and the Small Print of Sovereignty in a Context of Frozen Conflict AUTHORS Fernandez-Molina, I; Ojeda-García, R JOURNAL Nationalities Papers - The Journal of Nationalism and Ethnicity DEPOSITED IN ORE 30 October 2018 This version available at http://hdl.handle.net/10871/34557 COPYRIGHT AND REUSE Open Research Exeter makes this work available in accordance with publisher policies. A NOTE ON VERSIONS The version presented here may differ from the published version. If citing, you are advised to consult the published version for pagination, volume/issue and date of publication Western Sahara as a Hybrid of a Parastate and a State-in-exile: (Extra)territoriality and the Small Print of Sovereignty in a Context of Frozen Conflict Irene Fernández Molina, University of Exeter Raquel Ojeda-García, University of Granada Abstract This paper argues that the “declarative” parastate of the SADR claiming sovereignty over Western Sahara is better understood as a hybrid between a parastate and a state-in-exile. It relies more on external, “international legal sovereignty”, than on internal, “Westphalian” and “domestic” sovereignty. While its Algerian operational base in the Tindouf refugee camps makes the SADR work as a primarily extraterritorial state-in-exile de facto, its maintaining control over one quarter of Western Sahara’s territory proper allows it to at least partially meet the requirements for declarative statehood de jure. Many case-specific nuances surround the internal sovereignty of the SADR in relation to criteria for statehood, i.e. -
Download the List of Participants
46 LIST OF PARTICIPANTS Socialfst International BULGARIA CZECH AND SLOVAK FED. FRANCE Pierre Maurey Bulgarian Social Democratic REPUBLIC Socialist Party, PS Luis Ayala Party, BSDP Social Democratic Party of Laurent Fabius Petar Dertliev Slovakia Gerard Fuchs Office of Willy Brandt Petar Kornaiev Jan Sekaj Jean-Marc Ayrault Klaus Lindenberg Dimit rin Vic ev Pavol Dubcek Gerard Collomb Dian Dimitrov Pierre Joxe Valkana Todorova DENMARK Yvette Roudy Georgi Kabov Social Democratic Party Pervenche Beres Tchavdar Nikolov Poul Nyrup Rasmussen Bertrand Druon FULL MEMBER PARTIES Stefan Radoslavov Lasse Budtz Renee Fregosi Ralf Pittelkow Brigitte Bloch ARUBA BURKINA FASO Henrik Larsen Alain Chenal People's Electoral Progressive Front of Upper Bj0rn Westh Movement, MEP Volta, FPV Mogens Lykketoft GERMANY Hyacinthe Rudolfo Croes Joseph Ki-Zerbo Social Democratic Party of DOMINICAN REPUBLIC Germany, SPD ARGENTINA CANADA Dominican Revolutionary Bjorn Entolm Popular Socialist Party, PSP New Democratic Party, Party, PRD Hans-Joe en Vogel Guillermo Estevez Boero NDP/NPD Jose Francisco Pena Hans-Ulrich Klose Ernesto Jaimovich Audrey McLaughlin Gomez Rosemarie Bechthum Eduardo Garcia Tessa Hebb Hatuey de Camps Karlheinz Blessing Maria del Carmen Vinas Steve Lee Milagros Ortiz Bosch Hans-Eberhard Dingels Julie Davis Leonor Sanchez Baret Freimut Duve AUSTRIA Lynn Jones Tirso Mejia Ricart Norbert Gansel Social Democratic Party of Rejean Bercier Peg%:'. Cabral Peter Glotz Austria, SPOe Diane O'Reggio Luz el Alba Thevenin Ingamar Hauchler Franz Vranitzky Keith -
List of Participants
SOCIALIST INTERNATIONAL WOMEN Council Meeting, Santo Domingo, Dominican Republic 25 and 26 January 2019 LIST OF PARTICIPANTS Socialist International Women Ouafa Hajji (SIW President) Full Member Organisations BRAZIL Labour Women Action, AMT Miguelina Paiva Vecchio Democratic Labour Party, PDT Sirley Soares Soalheiro BULGARIA Social Democratic Women's Confederation Svetlina Yolcheva Bulgarian Social Democrats, PBSD (SIW Vice-President) CAMEROON Social Democratic Front, SDF Chantal Kambiwa CHILE Union of Socialist Women of Chile Isabel Allende Socialist Party of Chile, PS CHILE National Women's Secretariat Maria Andrea Muñoz Araya Party for Democracy, PPD COLOMBIA National Organisation for Women Astryd Carolina Ordoñez Liberal Party of Colombia, PLC (SIW Vice-President) Yomaira Judith Sarmiento DOMINICAN REPUBLIC Dominican Federation of Social Democratic Women, Janet Camilo FEDOMUSDE (SIW Vice-President) Dominican Revolutionary Party, PRD Alba Maria Cabral Julisa Hernández Enemencia de la Cruz Sonia Jiménez Mary Sánchez ITALY Women’s Commission Pia Locatelli Italian Socialist Party, PSI (SIW Honorary President) 1 MEXICO National Women's Organisation, ONMPRI Elsa Espinosa Institutional Revolutionary Party, PRI NICARAGUA Women's Commission Margarita Zapata Choiseul Sandinista National Liberation Front, FSLN Maria Isabel Turcios NIGER Tarayya Women's Organisation, OFT Ousseini Hadizatou Yacouba Party for Democracy and Socialism of Niger, PNDS (SIW Vice-President) Ibbo Fouréra Issoufou PAKISTAN Women’s Wing Shazia Atta Marri Pakistan People’s -
Bulletin Produced at St
as ASSOCIATION OF CONCERNED AFRICA SCHOLARS BULLETin Produced at St. Augustine's College, Raleigh, NC 27610-2298 Summer 1991 Number 33 SAHARAN AFRICA THE IMPACT OF THE GULF WAR ON SAHARAN AFRICA, Allan Cooper 1 TUNISIA, Mark Tessler 7 WESTERN SAHARA, Teresa K. Smith de Cherif 9 NIGERIA, George Klay Kieh, Jr. 12 NIGERIA, Emmanuel Oritsejafor 16 DEMOC~CY MOVEMENTS IN AFRICA 19 ANGOLA BENIN CAMEROONS CAPE VERDE COTE D'IVOIRE ETillOPIA GABON GUINEA KENYA MALI SAO TOME AND PRINCIPE SOUTH AFRICA TANZANIA TOGO ZAIRE ZAMBIA ANNOUNCEMENTS 22 AFRICA'S LARGEST COMPANIES 25 ACAS NOMINATIONS FOR ACAS BOARD 26 Editor's Note THE IMPACT OF THE GULF WAR ON SAHARAN AFRICA This issue of the ACAS Bulletin focuses on Saharan Africa, in particular on the consequences and implications to Arab Africa of the U.S.-led assault upon Iraq in January 1991. Although nearly all African states offered some response to the tragic devastation of human and ecological resources in the Persian Gulf, clearly Saharan Africa has been affected more directly from the political and social disruptions brought on by the war. Much already has been written by scholars and the public media concerning the effects of the Gulf War on states such as Egypt and Libya. As a result, the focus of this Bulletin will be on some Saharan countries that have been touched by the war but that are more geographically separated from the Persian Gulf. First, it is important that we provide a summary perspective on a few aftershocks from the war that already are evident in Africa.