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General Assembly Distr.: General 16 January 2020 United Nations A/AC.109/2020/17* General Assembly Distr.: General 16 January 2020 Original: English Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples Western Sahara Working paper prepared by the Secretariat I. Reports and good offices of the Secretary-General 1. Pursuant to General Assembly resolution 73/107, the Secretary-General submitted to the Assembly at its seventy-fourth session a report on the question of Western Sahara (A/74/341). The report covered the period from 1 July 2018 to 30 June 2019 and contained a review of the activities carried out by the Secretary- General in the exercise of his good offices. 2. During the period under review, pursuant to Security Council resolutions 2440 (2018) and 2468 (2019), the Secretary-General also submitted two reports, on 1 April and 2 October 2019, to the Council on the situation concerning Western Sahara (S/2019/282 and S/2019/787). The present working paper provides a summary of the aforementioned reports, with additional information regarding the consideration of that question by the Security Council and the General Assembly. 3. In its resolution 2440 (2018), adopted on 31 October 2018, the Security Council decided to extend the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) until 30 April 2019. In the same resolution, the Council expressed its full support for the intention of the Secretary-General and his Personal Envoy for Western Sahara to initiate a renewed negotiations process before the end of 2018, noted that invitations to an initial round-table meeting in Geneva on 5 and 6 December 2018 had been sent on 28 September 2018, welcomed that Morocco, the Frente Popular para la Liberación de Saguía el-Hamra y de Río de Oro (Frente POLISARIO), Algeria and Mauritania had responded positively and encouraged them to work constructively with the Personal Envoy, in the spirit of compromise, throughout the duration of that process to ensure a successful outcome. The Council also called upon the parties to respect their relevant obligations and assurances and refrain from any actions that could undermine United Nations-facilitated negotiations or further destabilize the situation in the Western Sahara. * Reissued for technical reasons on 1 December 2020. 20-00687* (E) 011220 *2000687* A/AC.109/2020/17 4. In his report to the Security Council dated 1 April 2019 (S/2019/282), which covered developments since his previous report dated 3 October 2018 (S/2018/889), the Secretary-General informed the Council that his Personal Envoy for Western Sahara, Horst Köhler, had continued to accelerate efforts to advance the negotiation process. On 5 and 6 December 2018 and on 21 and 22 March 2019, he had convened round-table meetings between Morocco, Frente POLISARIO, Algeria and Mauritania in Switzerland. The round-table meetings had marked the first face-to-face encounters in the context of the political process since 2012 and had been characterized by a positive spirit and a respectful and constructive atmosphere. 5. On 5 and 6 December 2018, the Personal Envoy had convened an initial round- table meeting on Western Sahara in Geneva that had been attended by representatives of Morocco, Frente POLISARIO, Algeria and Mauritania. The round table had been the first face-to-face meeting held in the context of the political process in six years and had been characterized by a sincere, respectful and constructive atmosphere. At the conclusion of the meeting, all of the delegations had underscored the difference in atmosphere between the Geneva round table and previous encounters, concluding that it could mark a new beginning for the political process. The delegations had issued a joint communiqué conveying their willingness to meet again in the first quarter of 2019. 6. On 11 December 2018, at a meeting with King Mohamed VI of Morocco in Rabat, the Secretary-General had expressed his gratitude for the constructive engagement of Morocco in the political process and the initial round-table meeting on Western Sahara held in December in Geneva. The King had reiterated his country’s commitment to the political process and commended the Personal Envoy on having brought Morocco, Frente POLISARIO, Algeria and Mauritania together. 7. In a letter to the Personal Envoy dated 26 December 2018, the Secretary-General of Frente POLISARIO, Brahim Ghali, had expressed concern about the current trajectory of the European Union’s trade policy, warning that it could pre-empt the outcome of negotiations and negatively affect the potential for progress. On 10 February 2019, the Secretary-General had met the Secretary-General of Frente POLISARIO on the margins of the thirty-second ordinary session of the Assembly of the African Union, in Addis Ababa. During the meeting, he had reiterated his intention to relaunch the negotiations and had asked for the support of the parties. Mr. Ghali had expressed his full support for the Personal Envoy and his mission and had confirmed the serious intention of Frente POLISARIO to support the search for a solution. 8. In accordance with paragraph 11 of Security Council resolution 2440 (2018), the Personal Envoy had briefed the Council on 29 January 2019 on the initial round- table meeting and his plans for the way forward. He had explained that a lack of trust had been the core problem in the search for a solution and had called upon the parties to demonstrate respect for one another and a willingness to compromise. He had received broad support for his efforts throughout the membership of the Council. 9. Before the second round-table meeting, the Personal Envoy had held consultations with Morocco, Frente POLISARIO, Algeria and Mauritania in February and March 2019. He had felt encouraged by their constructive and serious engagement and their strong commitment to intensifying discussions and establishing a negotiations process, while also taking note of serious differences of opinion on the future status of Western Sahara. However, they had agreed that the focus of the second round-table meeting should be on more substantive discussions regarding the future of Western Sahara, as well as on ways and means to increase trust in the political process and between the parties. 2/10 20-00687 A/AC.109/2020/17 10. The Personal Envoy had convened the second round-table meeting near Geneva on 21 and 22 March 2019. The second meeting had followed the format established in December 2018, assembling Morocco, Frente POLISARIO, Algeria and Mauritania around the table. The delegations had engaged courteously and openly, in an atmosphere of mutual respect. They had welcomed the new momentum created by the first round-table meeting in December 2018. They had held in-depth discussions on how to achieve a mutually acceptable political solution to the question of Western Sahara that would be realistic, practicable, enduring, based on compromise, just and lasting, which would provide for the self-determination of the people of Western Sahara in accordance with Security Council resolution 2440 (2018). In that regard, they had agreed to continue the discussion in order to identify elements of convergence. There had been consensus that the whole Maghreb would greatly benefit from a solution to the question of Western Sahara. The delegations had also recognized that the region had a special responsibility to contribute to a solution. They had welcomed the intention of the Personal Envoy to invite them to meet again in the same format. They had agreed that additional trust needed to be built and had committed themselves to continuing to engage in the process. The Personal Envoy had encouraged the delegations to explore good faith gestures and build more trust. 11. In his observations and recommendations, the Secretary-General stated that finding a just, lasting and mutually acceptable political solution that would provide for the self-determination of the people of Western Sahara would require strong political will not only from the parties and the neighbouring States but also from the international community. He therefore called upon Security Council members, friends of Western Sahara and other relevant actors to encourage Morocco and Frente POLISARIO to seize the window of opportunity presented and continue to engage in good faith and without preconditions in the round-table process launched by his Personal Envoy. He urged the parties to actively make gestures of good faith that demonstrated their willingness to make progress. With the destruction of its last remaining stockpile of landmines, Frente POLISARIO had already taken a commendable first step in that regard. The Secretary-General welcomed the agreement by the delegations to continue the political process and to convene again in the round-table format and called upon the parties to continue to search for a compromise. 12. Turning to the activities of MINURSO, the Secretary-General stated that the situation in Western Sahara had remained relatively calm. The ceasefire, notwithstanding some significant violations, had continued to hold, with both parties on the whole continuing to respect the MINURSO mandate in safeguarding the rules enshrined in military agreement No. 1 and other related agreements. When violations had been identified by the Mission, the parties had not, however, always shown a willingness to resolve them or find mitigating solutions. Both Morocco and Frente POLISARIO had attempted to justify some of their violations of military agreement No. 1 as being necessary to prevent drug trafficking and other criminal activity, although allowances had not been made in the agreement for intervention by military forces or the use of military infrastructure in such cases. 13. On 2 February 2019, a serious incident had taken place. After MINURSO military observers had left Guerguerat for the day, a young Sahrawi man had lit himself on fire inside the Moroccan gate, reportedly in protest against the Moroccan “border” authorities.
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