The Unspoken Conflict in Western Sahara
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THE UNSPOKEN CONFLICT IN WESTERN SAHARA Western Sahara has been the most populous and largest non-self-governing territory since 1963. Conflict in the area remains one of the oldest unresolved ones in the world. The conflict mainly involves the Kingdom of Morocco and the Polisario Front, which later formed the Sahrawi Arab Democratic Republic. These two disputants were in armed conflict between 1975 and 1991 when a ceasefire was signed. However, since then no viable peace process has been established in Western Sahara. This paper analyses the claims of the Sahrawi including their demand for self-determination, incorporating the different roles of players at regional and international levels. It also reflects on efforts made by the United Nations to contain the conflict. Lastly, the paper offers possible formulae to end the conflict keeping in mind the best interests of all disputants. KANIKA SANSANWAL AND RAHUL KAMATH INTRODUCTION or Africa, the twentieth century was a period of decolonisation from countries like France, Portugal, Spain and the United Kingdom. The last Fregion to be decolonised was Western Sahara in 1976 when Spain left as per the terms of the Madrid Accords signed on 14 November 1975 between Spain, Morocco and Mauritania. The treaty ended Spanish presence in erstwhile Spanish Sahara and Morocco and Mauritania annexed territories wherein they controlled most of the northern and southern portions respectively. As per the agreement, only administrative control was to be given to the two nations 106 WORLD AFFAIRS SUMMER 2020 (APRIL – JUNE) VOL 24 NO 2 THE UNSPOKEN CONFLICT IN WESTERN SAHARA and not sovereignty. Both parties were successful in annexing parts of Western Sahara even though they were resisted by the Polisario Front backed by Algeria. The front had started as an insurgency group in 1971 against Spanish forces in Spanish Sahara. A group of students at the University of Morocco organised the Embryonic Movement of the Liberation of Saguia el-Hamra and Rio de Oro. Spain had divided these two territories as per the geography of the region. The group consists largely of the Sahrawi people—nomadic Berbers who inhabit southern Morocco, Algeria, Western Sahara and Mauritania and speak the Arabic dialect of Hassaniya. The Polisario Front was recognised by Libya and Mauritania in 1975, after it received the backing of the Tropas Nómadas (nomadic troops), composed of Sahrawi tribesman equipped with small arms and weapons. In 1975, to aid the decolonisation process of Spanish Sahara, the United Nations (UN) dispatched a mission to the area and surrounding countries. The mission concluded that the Sahrawi In 1975, to aid the decolonisation support for independence was stronger than other options such as Spanish rule process of Spanish Sahara, the or integration with neighbours. The United Nations dispatched a mission added that the Polisario Front mission to the area and surrounding was the most powerful force in the countries. The mission concluded country, which later became a political that the Sahrawi support for organisation and ultimately the Sahrawi independence was stronger than Arab Democratic Republic (SADR) on other options such as Spanish rule 27 December 1976 a day after Spain retreated from Spanish Sahara. In or integration with neighbours. 1984, SADR became a member of the Organisation of African Union (OAU), the predecessor of the African Union. However, due to its admission, Morocco withdrew from the organisation. Even though the government is in exile, forty United Nations member-states maintain diplomatic relations with the SADR. Western Sahara has been the most populous and largest non-self-governing territory since 1963. In 1965, the United Nations General Assembly (UNGA) adopted a resolution, asking Spain to decolonise the territory and in 1966, passed a new resolution for a referendum to be held by Spain on the self- determination of the Sahrawi people. This was the first time that the concept of self-determination was linked to the Sahrawi. The anti-Spanish agitation in Spanish Sahara however had not demanded independence but rather union with Morocco. The International Court of Justice (ICJ) in 1975 issued a non- WORLD AFFAIRS SUMMER 2020 (APRIL – JUNE) VOL 24 NO 2 107 KANIKA SANSANWAL AND RAHUL KAMATH binding opinion on Western Sahara, which resulted in a UN mission touring the region. It concluded that the Sahrawi people favoured independence from Spain and Morocco and based on this claim it was decided that the territory was not terra nullius. The ICJ acknowledged that Western Sahara had historical links with Mauritania and Morocco but there was not enough evidence to prove the sovereignty of either state over the territory. The conflict between the Polisario Front and Morocco reached its peak during the Western Sahara War 1975–91. This armed conflict started when Morocco invaded Western Sahara with the Green March, a mass demonstration organised by King Hassan II, whereby more than 350,000 Moroccan civilians escorted by 20,000 troops entered Western Sahara to establish a presence in the region. The Polisario met this intrusion, but could not contain the influx. The guerrilla warfare that followed was known as the Western Sahara War, which lasted for sixteen years. The main objective of the Polisario Front was to establish an independent state for the Sahrawi. Although initially they fought both Mauritania and Morocco, in 1979 Mauritania signed a peace agreement with the Polisario and withdrew from the conflict. Throughout the 1980s, the two remaining parties continued a low-intensity conflict even though Morocco had greater military strength aided by France, Israel and the United States of America (US). The Polisario devised a new strategy of building desert sand walls lined with millions of land mines. These were later termed the Moroccan Western Sahara Wall, which stretches for approximately 2,700 kilometres. In 1991, a ceasefire agreement was reached between the Polisario Front and Morocco. Since then, the nature of the conflict has shifted from military hostilities to civilian resistance. By the end of the armed conflict, Morocco had captured over 80 per cent of the total land including the coastline. The SADR controls the remaining 20 per cent and operates from Tindouf in Algeria where over 125,000 Sahrawi refugees live. Since the cessation of war, several attempts have been made to formulate a peace process to resolve the conflict, but no permanent solution has been produced. In 1991, the United Nations Mission for Referendum in Western Sahara (MINURSO) was deployed to resolve the issues of Western Sahara—the last remaining colony whose status had not been legitimised. The mission’s main mandate was to constitute an exercise for Sahrawi self-determination but the plan never met its goal, as there was conflict over voter eligibility. Since then several peace processes such as the Houston Agreement, Baker Plans I and II have all failed and as of 2019, there were no 108 WORLD AFFAIRS SUMMER 2020 (APRIL – JUNE) VOL 24 NO 2 THE UNSPOKEN CONFLICT IN WESTERN SAHARA plans for holding a referendum. THE SAHRAWI AND SELF-DETERMINATION he right to self-determination is the right of people to determine their own Tdestiny based on the principles of equal rights and equality of opportunity, the right to choose freely their sovereignty and political legitimacy without any external interference. The right The idea of self-determination allows people to choose their own political status and determine their as a universal guiding principle own form of cultural, economic and continues to be imprecise with social development. The principle is conflicting definitions. It does jus cogens and is embodied in Article I not state how decisions are to of the UN Charter. While the concept be taken, what the outcome of may be traced back to the 1860s, self-determination is to be— American President Woodrow Wilson and Soviet leader Vladimir I Lenin independence, protection, a embraced the principle during and federation, an autonomous region after the First World War. According to or full assimilation—nor does Wilson, self-determination is the belief it define delimitations between that all people have the right to choose people. The larger disagreement and select their form of government is often on who precisely is the and sovereignty. People should be dominated and governed only through “self”. their consent and any use of force be considered an oppressive act. The idea of self-determination as a universal guiding principle continues to be imprecise with conflicting definitions. It does not state how decisions are to be taken, what the outcome of self-determination is to be—independence, protection, a federation, an autonomous region or full assimilation—nor does it define delimitations between people. The larger disagreement is often on who precisely is the “self”. In 1960, self-determination was developed as a coherent principle with the passage of the UN Declaration on the Granting of Independence to Colonial Countries and Peoples. The goal was to free people under alien subjugation, domination and exploitation. UNGA resolutions 1514 and 1541 listed three ways through which a territory could achieve self- WORLD AFFAIRS SUMMER 2020 (APRIL – JUNE) VOL 24 NO 2 109 KANIKA SANSANWAL AND RAHUL KAMATH government—independence, free association with an independent state or assimilation into an independent state. The definition of realisation of self- determination was established in the Declaration of Friendly Relations in 1970. A specially created UN Special Committee was to play an advisory role in the final stages of self-determination. In the process, the UN was to supervise a self- determination referendum on the request of the colonial power to ensure orderly transition from colonisation to decolonisation. The etymology of Sahrawi is “inhabitant of the desert”. The Sahrawi are originally nomadic Berbers who settled in Algeria, Mauritania, Morocco and Western Sahara in the eighth century.