UNITED NATIONS Distr

PLEASE RETAI}J UNARCHIVEi ORIGlNAL ORDER SERIESoq 1 BOX ~ FILE--:0~==- W~ Jl\CD/ ACC. .3. 2, S UNITED NATIONS Distr. GENERAL GENERAL A/31/3O6 3 November 1976 ASSEMBLY ENGLISH ORIGINAL: FRENCH

Thirty-first session Agenda item 25

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

Letter dated 28 October 1976 from the Permanent Representative of Morocco to the United Nations addressed to the Secretary-General

I have the honour to transmit to you herewith a message from His Excellency Dr. Laraki, Minister of State for Foreign Affairs of the Kingdom of Morocco, addressed to Their Excellencies the Ministers for Foreign Affairs of the African countries.

On instructions from my Government, I should be grateful if you would arrange to have this message circulated as a document of the General Assembly under agenda item 25.

(Signed) Ali BENGELLOUN Permanent Representative

76-21738 / ... UNITED NATIONS Distr. GENERAL GENERAL A/RES/3458 (XXX) ASSEMBLY 16 January 1976

Thirtieth session Agenda i tern 23

RESOLUTIONSADOF'l'ED BY 'IHE GENERALASSEMBLY

L;n the report of the Fourth Committee (A/1042717

3458 (XXX). Question of Spanish Sahara

The General Assembly,

Having considered the question of Spanish (Western) Sahara,

Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Recalling also its resolutions 2072 (XX) of 16 December 1965, 2229 (XXI) of 20 December 1966, 2354 (XXII) of 19 December 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 December 1969, 2711 (XXV) of 14 December 1970, 3162 (XXVIII) of 14 December 1973 and 3292 (XXIX) of 13 December 1974 on the question of Spanish Sahara,

Recalling further its resolution 3292 (XXIX) of 13 December 1974, by which it decided to request an advisory opinion from the International Court of Justice and to invite the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to keep the situation in the Territory under review, including the sending of a visiting mission to the Territory,

Noting that, in paragraph 3 of resolution 3292 (XXIX), it urged the administering Power to postpone the referendum which it contemplated holding in Spanish Sahara until the General Assembly decided on the policy to be followed in order to accelerate the decolonization process in the Territory in accordance with resolution 1514 (XV), in the best possible conditions, in the light of the advisory opinion to be given by the International Court of Justice,

76-01325 I ... UNITED NATIONS

Distr. GENERAL SECURITY GENERAL A/l0482 ASSEMBLY S/11903 COUNCIL 10 December 1975 ENGLISH ORIGINAL: FRENCH

GENERALASSEMBLY SECURITYCOUNCIL Thirtieth session Thirtieth year Agenda item 23 IMPLEMENTATIONOF THE DECLARATIONON THE GRA.NTHJGOF INDEPENDEJ\JCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 10 December 1975 from the Permanent Representative of Algeria to the United Nations addressed to the Secretary-General

I have the honour to transmit to you herewith a message from the Secretary General of the Saharan National Council relating to the question of Western Sahara.

I should be very grateful if you would bring this message to the attention of the President of the Security Council and have it circulated as a document of the General Assembly, under agenda item 23, and of the Security Council.

(Sir;ned) Abdellatif RAHAL Permanent Representative of Algeria to the United Nations

75-28415 I . .• A/10482 S/11903 English Page 2

ANNEX

Message dated 7 December 1975 from the Secretary-General of the Saharan National Council addressed to the Secretary-General

The Frente POLISARIO has already on several occasions dra,m your attention to the extreme gravity of the situation created in our country by Spain's repudiation of its responsibilities as administering Power and by the manoeuvres which it has carried out, together with Morocco and Mauritania, for the purpose of dismembering our territory. Those three countries have thereby rejected the sacred right of our people to self-determination solemnly recognized on many occasions by the United Nations General Assembly and recently reiterated by both the International Court of Justice and the Visiting Mission of the Special Committee of 24, the Visiting Mission having emphasized the representativity of the movement which is waging the national liberation struggle. Since then, the manoeuvres for partitioning Western Sahara , after attempts were made to keep them secret, are today being carried out on the spot ; Morocco is brutally invading our country with the full complicity of Spain and Mauritania. Our people are the victims of appalling genocide on the part of the Moroccan soldiery. Women and children are being massacred and their dwellings destroyed. Fleeing before the invading troops, who are practising a scorched earth policy, thousands of refugees are leaving towns and villages where they had already been subjected to a strict food blockade by the Spanish colonialists. They are now in areas which provide no means of subsistence. Thus, the policy of extermination carried out against our people is being applied overtly and in defiance of the aspirations of the Saharan people and of the international community) which has repeatedly expressed itself through the United Nations. The Organization is being openly defied by three of its Members which, furthermore, are seeking to use it as a tool for their bloodthirsty designs. Thousands of refugees are fleeing before the advancing Moroccan troops, who are practising a scorched earth policy : Morocco and Mauritania, which yesterday were denying the Saharan Jema'a any representativity, are today claiming that that same assembly expresses the views of our entire people and are seeking to have their position endorsed in the United Nations. Yet it is clear that this Jema'a no longer exists; the overwhelming majority of its members have voluntarily joined our ranks in order to assist in the war of national liberation. What, then, is left of the allegations contained in the resolution submitted by the allies of the Moroccan and Mauritanian colonialists - Tunisia, Senegal and others? Who could be led to believe that an Assembly deserted by nearly all its members can be the authentic expression of a people?

In the face of the brutal aggression to which our people are being subjected, the Frente POLISARIO, joined by seven members of the Jema 1 a, 62 sheikhs, including the Mayor of Villa Cisneros, and three members of the Spanish Cortes, reiterates its determination to continue its struggle without respite or weakness until it achieves recognition of its sacred right to self-determination and independence. We have no doubt that the United Nations, and you yourself, will not permit so fundament;l a principle of the United Nations Charter to be denied our people by the brute force of the soldiery of countries which are the mselves Members of the Organization. The Secretary-General of the Saharan National Council UNITED NATPONS Distr. GENERAL

GENERAL A/C.5/1741 ASSEMBLY 5 December 1975 ORIGINAL: ENGLISH

Thirtieth session FIFTH COMt\1ITTEE Agenda item 23 and 96

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUl\lTRIES AND PEOPLES: QUESTIOi'JOF SPA!USH SAHARA

PROPOSEDPROGRAt\1ME BUDGET FOR THE BIENNIUM 1976-1977

Administrative and financial implications of the draft resolution contained in document A/C.4/L.1121

Statement submitted by the Secretary-General in accordance with rule 153 of the rules of procedure

1. At its 2182nd meeting, on 4 December 1975, the Fourth Cormnittee adopted the draft resolution contained in A/C.4/L.1121 having at the same time before it the Secretary-General's statement of administrative and financial implications (A/C.4/L.1126) in accordance with ·rule 153 of the rules of procedure .

2. Under operative paragraph 8 of ~he draft resolution, contained in document A/C. 4/L.1121, the General Assembly would request the Secretary--General, in consultation with the Government of Spain, as the administering Power, and the Special Connnittee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, to make the necessary arrangements for the sup~rvision of the ac t of self-determination in Spanish Sahara.

3. In this respect, the Secretary-General would recall the statement of administrative and financial implications (A/C.5/1721), submitted in respect of the programme of work of the Special Committee for 1976, which was subsequently endorsed by the Advisory Committee on Administrative and Budgetary Questions, and by the Fifth Committee at its 1756th meeting on 2 December 1975, !/ It is the expectation of the Secretary-General that the costs related to the arrangements referred to above would be met from within the resources that will be available in 1976 for activities related to the work of the Special Committee. Accordingly, adoption of the draft resolution contained in document A/C.4/L.1121 would not give rise to additional financial requirements.

1/ A/10416. 75-27628 UNITED NATIONS Distr. GENERAL GENERAL A/C.5/1740 ASSEMBLY 5 December 1975 ORIGINAL: ENGLISH

Thirtieth session FIFTH COMMITTEE Agenda item 23 and 96

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES: QUESTIONOF SPANISH SAHARA

PROPOSEDPROGRAMME BUDGET FOR THE BIENNIUM1976-1977

Administrative and financial implications of the draft resolution contained in document A/C.4/L.1120/Rev.l

Statement by the Secretary-General in accordance with rule 153 of the rules of procedure

1. At its 2182nd meeting, on 4 December 1975, the Fourth Committee adopted the draft resolution contained in A/C.4/L.1120/Rev.l having at the same time before it the Secretary-General's statement of administrative and financial implications (A/C.4/L.1127) in accordance with rule 153 of the rules of procedure.

2. In his statement, the Secretary-General said as follows:

"The presence of a United Nations representative would result in financial implications. However, in the absence of precise indications as to the nature and extent of that presence, the following observations may be relevant.

"If it were envisaged for a representative of the Secretary-General, accompanied by two other staff members of the Secretariat to visit Spanish Sahara for an approximate period of one week, the resulting requirements can be estimated at about $5,000. On the other hand, if it were envisaged to establish a somewhat larger presence, in order to assist in the organization of the free consultations envisaged in the draft resolution, the resulting requirements, including the travel of approximately seven staff members who would stay in Spanish Sahara for a period of approximately four weeks, with considerable local travel, can be tentatively estimated at around $40,000 to $45,000.

75-27622 I ... 1'

A/C.5/1740 English Page 2

"There is obviously an intermediate range of possibilities, resulting in different financial requirements. The Secretary-General would therefore appreciate guidance from the Fourth Committee, should it adopt the draft resolution, on the manner in which the United Nations presence is to be conceived."

3. As no further guid ance was receiv ed in the course of the discussions in the Fourth Committee, the Secretary-General will continue his consultations in relation to the specific parameters of a United Nations presence. The estimates of $45,000 indicated in paragraph 3 of document A/C.4/L.1127 were cesed on the travel from Headquarters to the Spanish Sahara of seven staff members; their subsistence for a period of four weeks; and an amount of $32,000 for local travel in the area and for general expenses. However, since no firm information has been obtained, the Secretary-General would not at this sta ge request additional appropriations, in the understanding that he would seek the concurrence of the Advisory Committee to incur the necessary expenditures in this respect, under the terms of the General Assembly resolution regarding unforeseen and extraordinary expenditures, as soon as more precise indications are received. .I.. ,• -

UNITED NATIONS Distr. LIMIT~D GENERAL A/C. 4/L .1127 ASSEMBLY 3 December 1975 ORIGINAL: ENGLISH

Thirtieth session FOURTHCOMMITTEE Agenda i tern 23

Il'1PLEMENTATIONOF THE DECLARATIONOJ\T THE GRANTING OF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

QUESTIONOF SPANISH SAHARA

Administrative and financial implications of the draft resolution contained in document A/C.4/L.1120/Rev.l

Statement by the Secretary-General in accordance with rule 153 of the rules of procedure

1. In terms of operative paragraph 4 of the draft resolution contained in document A/C.4/L.1120/Rev.l, the interim administration of Spanish Sahara would be requested to "take all necessary steps to ensure that all the Saharan :populations originating in the Territory will be able to exercise their inalienable right to self determination through free consultations organized with the assistance of a representative of the United Nations appointed by the Secretary-General".

2. The presence of a United Nations representative would result in financial implications. However, in the absence of precise indications as to the nature and extent of that presence, the following observations may be relevant.

3. If it were envisaged for a representative of the Secretary-General, accompanied by two other staff members of the Secretariat to visit Spanish Sahara for an approximate period of one week, the resulting requirements can be estiml'C"-ed at about $5,000. On the other hand, if it were envisaged to establish a somewhat larger presence, in order to assist in the organization of the free consultations envisaged in the draft resolution, the resulting requirements, includin~ the travel of approximately seven staff members who would stay in Spanish Sahara for a period of approximately four weeks, with considerable local travel, can be tentatively estimated at around $40,000 to ~45,000.

4. There is obviously an intermediate range of possibilities, resulting in different financial requirements. The Secretary--General would therefore appreciate guidance from the Fourth Committee, should it adopt the draft resolution, on the manner in which the United Nations presence is to be conceived.

75-27098 UNITED f\/ATIONS Distr. LIM-;:TED GENERAL A/C.4/L.1120/Rev.l 3 December 1975 ASSEMBLY ENGLISH ORIGINAL: FRENCH

TI1irtieth session FOURTHCOMMITTEE Agenda item 23

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

QUESTIONOF SPANISHSAHARA

Central African Republic, Gabon,_Gambie ., Jordal), Omap, Senega l, TogLand Ti.:.nisia: _revised draft reso l ution

The General Assembly,

Reaffirming resolution 1514 (XV) of 14 December 1960,

Reaffirming resolutions 1541 (XV) of 15 December 1960, 2072 (XX) of l6 December 1965 and all other relevant United Nations resolutions, in particular resolution 3292 (XXIX) of 13 December 1974,

Taking note of the report of the United Nations Visiting Mission dispatched to the Territory in 197 5, lf

Takii1g note of the advisory opinion of the International Court of Justice o ,f 16 October 1975 concerning Western Sahara, g_/

Considering Security Council resolutions 377 (1975) of 22 October 1975, :179 ( 1975) of 2 ~fovember 1975 and 380 ( 1975) of 6 November 1975,

1. Takes note of the tripartite agreement concluded at Madrid on Ll+ November 1975 by the Mauritanian, Moroccan and Spanish Governments, the text ar:f which was transmicted to the Secretary-General of the United Nations on LB November 1975; J/

lf A/10023/Add.5, annex. ?_/ A/10300. J/ S/11880, annex III. I ... T'5-~7068 A/C · 4r: -112°:/ Rev .1 Englis _~ Page 2

i . 2 • R~affirrns the inalienable ~ight to self-determination, in accordance 1 ; .t ' . r (;3olution 1514 (:X."V), of all the Saharan populations originating in the err1t0ry,

3. B.s,g_uests the parties to the Madrid agreement of 14 November 1975 to ensu~e r espec t for the freely expressed aspirations of the Saharan populations;

4. ~ ~uests the interim administration to take all necessary steps to e~;ure that all the Saharan populations originating in the Territory will be a e to exercise their inalienable right to self--determination through free consult c,. t · . • • -1- t · · r t. ,., ions Jr 5an1zed w1th the ass1sta.nc-2 of a re:r:rese::i "a 1 ve of the Jn1 tei T,a ions ., apf0~nted ty the Secretary-General. I

U N I T E D N A T~ I O N S Distr. LIMITED

GENERAL A/C. 4/j.1~20

28 NovI ezer 1975 ASSEMBLY ENGLISH ORIGIN.Ai: FRENCH

Thirtieth se ssion FOURTHCOi vJMITTEE Agenda it em 23

I!viPLEMEiifTATTC::ON OF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

QUESTIONOF SPANISH SAHARA

Senee gal, Tunisia and Zaire: draft resolution

The General ~'.',.sse rr.bbly,

Reaffirming resol ~ution 1514 (XV) of 14 December 1960,

Reaffirmin g r-esol Lutions 1541 (XV) of 15 De cember 1960, 2072 (XX) of 16 De cember 1965 and a::Ul other relevant United Nations resolutions, in particular resolution 3292 (XXIX) of 13 December 1974,

Taking note o f th e e report of the United Nations Visiting Mission dispatched to the Territory in 19? 75, y

Taking note o f th e e advisory opinion of the International Court of Justice of 16 October 1975 concer cn in g Western Sahara, ?J

Considering S ecur r ity Council resolutions 377 (1975) of 22 October 1975, 379 (1975) of 2 No vembe er 1975 and 380 (1975) of 6 November 1975,

1. Takes no te o=if the tripartite agreem ent concluded at Madrid on 14 November 1975 t,y th e e Mauritanian, Moroccan and Spanish Governments, the t ext of which was transmitted ~to the Secretary-General of the United Nations on 18 November 1975; 3/

y A/10023/A d d.5, , annex. 2/ A/10300. '}_/ S/11880, Ennex == III.

75- 261 72 I ... A/C.4/L.1120 .t:11glish Page 2

2. Reaffirms the right to self-determination, in accordance with resolution 1514 (XV), of the Saharan populations originating in the Territory ,

3. Requests the parties to the Madrid agreement of 14 .November 1975 to ensure respect for the aspirations of the Saharan populations as freely expressed in the presence of a United Nations observer appointed by the I Secretary-General. ,------UNITED NATIONS Distr. GENERAL SECURITY I s/1188,b COUNCIL 19 NoVember 1975 ORIGINAL: ENGLISH

THIRD REPORTBY THE SECRETARY-GENERALIN PURSUANCE OF RESOLUTION379 (1975) RELATINGTO THE SITUATION CONCERNINGWESTERN SAHARA

1. Since submitting my previous report, contained in document S/11876, in which I informed the Security Council of the decision of His Majesty King Hassan II to recall the volunteers participating in the "Green March" from Western Sahara, I have, in pursuance of resolution 379 (1975) of the Council, continued my consultations with the concerned and interested parties. The purpose of the consultations was to dispel the tense atmosphere prevailing in the region and tu promote the necessary conditions for achieving a peaceful solution acceptable t0 all the pgrties.

2. During these contacts I was informed that on 12 November, after the volunteers participatine; in the "Green March" had been withdrawn, the Government of Spain resumed trilateral negotiations in Madrid with delegations from Morocco and Mauritania. The delegation of Morocco was headed by the Prime Ministe1· of Morocco, Mr. Ahmed Osman, while the delegation of Mauritania was headed by the 111inister for Foreign Affairs of Mauritania, Mr. Hamdi Mouknass. At the conclusion of these negotiations on 14 :November 1975, a joint communique was issued, the text of which is reproduced as annex I. I was informed that the three Governments ha.d reached an agreement the main elements of which were made known to me orally in talks with the permanent representatives of the three countries.

75-24658 I . .. S/ll880 English Page 2

3. On 18 November, the Permanent Representative of Spain to the United Nations transmitted to me, on behalf of his Government, the text of a declaration of principles concluded in Madrid on 14 November 1975. In his letter of transmittal the Permanent Representative of Spain stated that the declaration had been concluded "as a result of negotiations entered into with Morocco and Mauritania within the framework of Article 33 of the Charter and in accordance with the recommendations of the Security Council concerning the situation created by the 'Green March' with a view to finding a solution to the resulting friction. Under the terms of this declaration, Spain proposes definitively to terminate its presence in Western Sahara by 28 February 1976 at the latest. It also proposes, in the interim, to transfer its _powers and responsibilities as administering Power to a temporary administration which will be constituted by the addition to the present Governor-General of two Deputy Governors to be appointed on the nomination of Morocco and Mauritania respectively. The Yema'a, which will express the views of the Saharan population, will collaborate in this administration. ;: The Permanent Representative further stated that ;ithis declaration was adopted with due respect for the principles of the United Nations, in the interest of the 11 maintenance of peace and with a commitment to inform the Security Council • The texts of the letter and of the declaration are reproduced as annex II of this report.

4. Subsequently, on the same day, the Minister for Foreign Affairs of Morocco, Mr. Ahmed Lara:ki, and the Minister for Foreign Affairs of Mauritania, Mr. Hamdi Mouknass, came to see me. They handed to me a copy of the declaration, bearing the signatures of the representatives of the three parties. The text of this document is reproduced as annex III of this report.

Explaining the position of the Government of Morocco, Mr. Laraki said that the tripartite negotiations had been undertaken, within the framework of Article 33 of the Charter of the United Nations and in accordance with the provisions of Security Council resolutions 377 (1975), 379 (1975) and 380 (1975). By thus arriving at a pacific settlement of their dispute, the parties concerned had acted in conformity with the doctrine set out in the Charter.

Mr. Mouknass said that the Government of Mauritania was of the same opinion. It considered moreover that the tripartite agreement would serve to strengthen peace in the region because the procedure agreed upon for the decolonization of Western Sahara took into account the specific characteristics of Saharan society.

5. At a meeting in the evening of the same day, the Minister for Foreign Affairs of Algeria, Mr. Abdelaziz Bouteflika, conveyed to me the position of his Government.

I ... S/11880 English Page 3

It considered that the tripartite negotiations and the agreement resulting therefrom were contrary to the resolutions of the Security Council. When the Council referred in its resolutions 377 (1975) and 380 (1975) to negotiations under Article 33 of the Charter, it was clear that it mean~ negotiations among all the parties concerned and ivterested and that such negotiations should deal with the situation created by the "Green Marchri. The tripartite agreement went beyond the scope of the Security Council's resolutions and dealt with the substantive question of the decolonization of Western Sahara which was a matter for decision by the General Assembly. His Government was of the opinion that the action taken by the three parties was contrary to paragraph 1 of resolution 379 (1975) by which the Security Council had urged all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area.

On 19 November the Permanent Representative of Algeria to the United Nations transmitted to me a document in which his Government set out its position with regard to the latest developments concerning Western Sahara. The text of this document is reproduced as annex IV of this report.

CONCLUSIONS /

6. The Security Council will recall that it was convened on 20 October 1975 at the request of the Permanent Representative of Spain to the United Nations in order to deal with the tense situation in Western Sahara created by the so-called "Green March". For the purpose of defusing the situation in the area, the Council adopted resolutions 377 (1975), 379 (1975) and 380 (1975) and authorized its President to issue an appeal. My own consultations with the nparties concerned and interestedri, which were undertaken purs 1.1ant to the above-mentioned resolutions, were aimed at assisting the Council in the fulfilment of this purpose.

7. After the withdrawal of the participants in the nGreen March" from the Territory of Western Sahara, Spain resumed negotiations ¥ith Morocco and Mauritania and on 14 November the three parties agreed upon a "declaration of principles ;1 relating to the future of Western Sahara, the text of which is contained in annex III.

8. Algeria, one of the 11parties concerned and interested " , formally stated that it considered the declaration to be "null and void 11 for the reasons set out in annex IV.

I ... s/11880 English Page 4

9. Since the above-mentioned declaration deals with the decolonization of Western Sahara, which is a matter presently before the General Assembly, it seems to be appropriate that the Assembly should express itself on the subject.

10. As far as the situation in the area is concerned~ I shall not fail to keep the Security Council informed of any further developments.

I . .. s/11880 English Annex I Page 1

Annex I

{Original: SpanisEJ

TEXT OF JOINT COMMUNIQUEISSUED IN MADRIDON 14 NOVEMBER1975 I c'

The Ministry of Information and Tourism transmits the following tripartite communique issued by Spain, Morocco and Mauritania:

"In accordance with the recommendations of the Security Council, the delegations of Spain, Morocco and Mauritania met in Madrid on 12, 13 and 14 November 1975 in a spirit of the utmost friendship, understanding and respect for the principles of the Charter of the United Nations.

11The delegations examined the problems raised by the decolonization of Western Sahara, bearing in mind the desire to ensure future co-operation in the interests of their respective countries and the Saharan population.

"The negotiations held have led to satisfactory results in keeping with the firm desire for understanding among the parties and their aim of contributing to the maintenance of international peace and security. 11

I ...

s/11880 English Annex II Page 1

Annex II

{Original: Spanis!J"

LETTERDATED 18 NOVEMBER1975 FROMTHE FERMAT-JENTREPRESENTATIVE OF SPAIN TO THE UNITED NATIONSADDRESSED TO THE SECRETARY-GENERAL

On instructions from my Government, I take pleasure in forwarding to you herewith the declaration of principles concluded in Madrid on 14 November 1975 as a result of the negotiations entered into with Morocco and Mauritania within the framework of Article 33 of the Charter and in accordance with the recommendations of the Security Council concerning the situation created by the "Green March 11 , with a view to finding a solution to the resulting friction.

Under the terms of this declaration, Spain proposes definitively to terminate its presence in Western Sahara by 28 February 1976 at the latest. It also proposes, in the interim, to transfer its powers and responsibilities as administering Power to a temporary administration which will be constituted hy the addition to the present Governor-General of two Deputy Governors to be appointed on the nomination of Morocco and Mauritania respectively.

The "Yemaa", which will express the views of the Saharan population, will collaborate in this administration.

I would point out that this declaration was adopted with due respect for the principles of the United Nations, in the interest of the maintenance of peace, and with a commitment to inform the Security Council, which I hereby do on behalf of my Government by requesting you to transmit this communication to the President of the Council.

I am at your disposal for any additional clarifications you may deem desirable, and take this opportunity to renew to you the assurances of my highest consideration.

(Signed) Jaime DE PINIES Permanent Representative to the United Nations

Declaration of principles

The delegations legitimately representing the Governments of Spain, Morocco and Mauritania, being met together, declare that they are in agreement on the following principles:

1. Spain confirms its resolve, repeatedly stated in the United Nations, to decolonize the Territory of Western Sahara by terminating the responsibilities and powers which it possesses over that Territory as administering Power.

I •.. S/11880 English Annex II Page 2

2. In conformity with the aforementioned determination and in accordance with the negotiations advocated by the United Nations with the affected parties, Spain will proceed forthwith to institute a temporary administration in the Territory, in which Morocco and l'lauritania will participate in collaboration with the Yemaa and to which will be transferred all the responsibilities and powers referred to in the preceding paragraph. It is accordingly agreed that two Deputy Governors nominated by Morocco and Mauritania shall be appointed to assist the Governor-General of the Territory in the performance of his functions. The termination of the Spanish presence in the Territory wi~l be completed by 28 February 1976 at the latest.

3. The views of the Saharan population, expressed through the Yemaa, will be respected.

4. The three countries will inform the Secretary-General of the United Nations of the terms set down in this instrument as a result of the negotiations entered into in accordance with Article 33 of the Charter of the United Nations .

5. The three countries involved declare that they arrived at the foregoing conclusions in the highest spirit of understanding and brotherhood, with due respect for tr,2 principles of the Charter of the Unit ed Nations, and as the best possible contribution to the maintenance of international peace and security.

6. This instrument shall enter into force on the date of nublication in the Bolet1n Oficial ( Official Gazette) of the State of the "Sahara Decolonization Ad 11 authorizing the Spanish Government to assume the commitments conditionally set forth in this instrument.

I ... S/11880 English Annex III Page 1

Annex III

LOriginal: Spanis_g_/

DECLARATIONOF PRINCIPLES ON WESTERNSAHARA BY SPAIN, MOROCCOAND MAURITANIA*

On 14 November 1975, the delegations lawfully representing the Governments of Spain, Morocco and Mauritania, meeting in Madrid, stated that they had agreed in order on the following principles:

2. In conformity with the aforementioned determination and in accordance with the negotiations advocated by the United Nations with the affected parties, Spain will proceed forthwith to institute a temporary administration in the Territory, in which Morocco and Mauritania will participate in collaboration with the Yema'a and to which will be transferred all the responsibilities and powers referred to in the preceding paragraph. It is accordingly agreed that two Deputy Governors nominated by Morocco and Mauritania shall be appointed to assist the Governor General of the Territory in the performance of his functions. The termination of the Spanish presence in the Territory will be completed by 28 February 1976 at the latest.

3. The views of the Saharan population, expressed through the Yema'a, will be respected.

5. The three countries involved declare that they arrived at the foregoing conclusions in the highest spirit of understanding and brotherhood, with due respect for the principles of the Charter of the United Nations, and as the best possible contribution to the maintenance of international peace and security.

* Text referred to in paragraph 4 of the report.

I .• . s/11880 English Annex III Page 2

6. This instrument shall enter into force on the date of publication in the Boletfo Oficial ( Official Gazette) of the State of the "Sahara Decolonization Act" authorizing the Spanish Government to assume the commitments conditionally set forth in this instrument.

(Signed) Carlos ARIAS Ahmed OSMAN Hamdi MOUKNASS

I ••• S/11880 English Annex IV Page 1

Annex IV

{Original: French/

DOCUMENTTRANSMITTED BY THE PERMANENTREPRESENTATIVE OF ALGERIA TO THE UNITEDNATIONS REFERRED TO IN PARAGRAPH5 OF THE REPORT

From the debates of the Security Council and from Council resolutions 377, 379 and 380 it is clear that:

1. In addition to Spain as the administering Power, the 11parties concerned and interested" in the matter of Western Sahara are Algeria, Morocco and Mauritania;

2. Recognizing that the fundamental problem of the decolonization of the Sahara was within the exclusive competence of the General Assembly, the Security Council confined itself to considering the situation created by the Moroccan decision to organize a 11march" on the Territory of the Sahara ;

3. The Security Council urged "all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area" ;

4. The Security Council requested the Secretary-General to enter into consultations with the parties concerned and interested in order to enable the Council to adopt 11the appropriate measures to deal with the present situation concerning Western Sahara".

The Secretary-General has in fact undertaken such consultations and has kept the Security Council regularly informed of their conduct and their progress.

The Spanish Government has just pubJ.ished the text of a "Declaration of principles 11 , which was formulated at Madrid on 14 November 1975, following negotiations with Morocco and Mauritania, and by which Spain proposes to transfer its powers and responsibilities as administering Power to Morocco and Mauritania ,

III

With regard to that "Declaration of principles 11 , the Algerian Government wishes to make the following observations:

I ••. s/11880 En!:?;lish Annex IV Page 2

1. The General Assembly of the United Nations has had the problem of Western Sahara before it for the past 10 years, and it has already defined the process of decolonization of that Territory. In its resolution 3292 (XXIX), it requested the International Court of Justice to give an advisory opinion and requested the Special Committee on Decolonization to send a visiting mission to the Territory. The advisory opinion and the report of the visiting mission are to be taken into consideration by the General Assembly in its final decision concerning the implementation of the decolonization process in the Sahara;

2. Since Western Sahara is a Non-Self-Governing Territory within the meaning of Chapter XI of the Charter, Spain, which is the administering Power for that Territory, is accountable to the United Nations for the fulfilment of its responsibilities;

3, The Spanish Government can transfer its administrative responsibilities for the Territory of the Sahara only to the people of that Territory or, failing that, to the United Nations, which is itself guarantor of the rights and interests of that population )

4. The claims of the Moroccan and Mauritanian Governments to the Territory of the Sahara do not confer upon those Governments any right to exercise authority of any kind over that Territory unless the General Assembly recognizes the validity of those claims and their primacy over the right to self-determination of the people of the Sahara. In any event, that is not and could not be the case~

5. When the Security Council envisages, in its resolutions 377 and 380, negotiations under Article 33 of the Charter, it is clear, firstly, that it refers to all of 11the parties concerned and interested" and, secondly, that it is concerned with the settlement of the situation created by the unilateral Moroccan initiative.

If Article 33 of the Charter had had to be applied to the political settlement of the problem of the Sahara, the ne~otiations should have brought to gether the 1'parties to the dispute", that is to say, at the very least, Spain, the people of the Sahara and the United Nations.

The Algerian Government therefore does not admit that the negotiations undertaken between Spain, Morocco and Mauritania were conducted in conformity with the resolutions of the Security Council or those of the General Assembly, nor that they could relate to Article 33 of the Charter.

Consequently:

1. The Algerian Government does not reco gnize any right of the Governments of Spain, Morocco and Mauritania to dispose of the Territory of the Sahara and the destiny of its population. It therefore re p;ards as null and void the "Declaration I ... s/11880 English Annex IV Page 3

of principles i; presented by Spain and accords no validity to the provisions contained therein;

2. The Algerian Government continues to hold that the Spanish Government remains invested with its responsibilities to the United Nations as administering Power in the Sahara and must assume the obligations arising therefrom, in particular under Article 103 of the Charter ;

3. The Algerian Government believes that it is still the task of the General Assembly to continue the consideration of the question of Western Sahara, which is inscribed on its agenda, and to take, with regard to the decolonization of the Territory and the guarantee of the right of its population to self-determination, the decisions which lie within the scope of its authority and for which it bears sole responsibility. UNIT ED NATIO N S UJ2 , ,.. _l Distr. GENERAL SECURITY GENERAL A/10373 S/11881 ASSEMBLY COUNCIL 20 November 1975 ~NGLISH ORIGINAL: FRENCH

GENERALASSEMBLY SECURITY COUNCIL Thirtieth session Thirtieth year Agenda item 23 IMPLEMENTATIONOF THE DECLARJ..1ION ON THE GRANTINGOF INDEPEND::::NCE TO COLONIALCOUNTRIES AND PEOPLES

Letter dated 19 November 1975 from the Permanent Representative of Al geria to the United Nations addressed to the Secretary-General

On instructions from my ~overnment, I have the honour to transmit herewith a document in which it states its position on the recent developments concerning the problem of Western Sahara.

I would be grateful if you would bring this document to the attention of the President of the Security Cou:icil and to arrange for it to be circulated as a document of the General Assec:ly under item 23 of the agenda an d also of the Security Council.

(Signed) Abdellatif RAHAL Permanent Representative of the People's Democratic Republic of Algeria to the United Nations

75-24945 I ... UNITED NATIONS Distr. GENERAL SECURITY s/11876 12 November 1975 COUNCIL ENGLISH ORIGINAL: FRENCH

SECONDREPORT BY THE SECRETARY-GENERALIN PURSUANCEOF RESOLUTION 379 (1975) RELATINGTO THE SITUATION CONCERNINGWESTERN SAHARA

1. While continuing the consultations which the Security Council, by its resolution 379 (1975), instructed me tc undertake, I consider it desirable to inform the Council of certain developments during the course of the past few days.

2. On 9 November, His Majesty King Hassan II of Morocco announced in a speech at Agadir, that be was asking the "Green March" volunteers to return to their starting point. This decision helped to reduce the risks of confrontation, to dispel the tense atmosphere t!l..a.:t.had prevailed in the region, and to make possible the establishment of the necessary - conditions for seeking a negotiated, peaceful solution acceptable to all the pa.rt~~s involved. The Council may recall that the "Green March" bad been the subject 01· a series of deliberations at public or private meetings. As a result, it led to the dispatch of an appeal by the President of the Security Council to the King of Morocco and to the adoption of resolution 380 (1975).

I had also instructed my Special Envoy in the region to take up this question with his interlocutors when conveying to them the suggestions referred to in paragraph 8 of my report in document S/11874, the purpose of which was to find a common ground in order to defuse the tense situation created by the "Green March".

/ 3. I have been informed by the representatives of the parties concerned and interested that a number of high-level contacts took place during the last few days: thus, the Moroccan MinistP-r for Foreign Affairs, Mr. Ahmed Laraki, visited Nouakchott; President Mokhtar Ould Daddah met President Boumediene at Colomb-Bechar, Algeria, before going to Marrakesh to confer with the King of Morocco. In addition, following the visit to Agadir of the Minister of the Presidency of the Spanish Government, Mr. Antonio Martinez Carro, a Moroccan delegation headed by the Prime Minister, Mr. Ahmed Osman, and a Mauritanian delegation headed by the Minister for Foreign Affairs, Mr. Hamdi Mouknass, went to Madrid on 11 November. I shall not fail to report to the Council on any new developments of which I am informed in this connexion.

4. For my part, I have continued the consultations at Headquarters in New York with the representatives of the parties concerned and interested. In the course of the contacts, I have tried to establish elements for a common position.

75-23720 I ... • s/11876 English Page 2

In so doing, I have of course kept in mind the text of the relevant resolutions of the United Nations concerning Western Sahara. I have also based my consultations on the suggestions referred to in paragraph 8 of my report in document S/11874.

Although it is clear that the positions of the parties continue to differ, I am convinced that a solution within the framework of the United Nations remains the only approach capable of achieving a peaceful settlement satisfactory to all the parties involved. ,. J'

UNITED NATIONS Distr. GENERAL SEClJRITY s/11876 12 November 1975 COUNCIL ENGLISH ORIGINAL: FRENCH

SECONDREPORT BY THE SECRETARY-GENERALIN PURSUANCEOF RESOLUTION 379 (1975) RELATINGTO THE SIWATION CONCERNINGWESTERN SA.HARA

1. While continuing the consultations which the Security Council, by its resolution 379 (1975), instructed me to undertake, I consider it desirable to inform the Council of certain developments during the course of the past few days.

2. On 9 November, His Majesty King Hassan II of Morocco announced in a speech at .Agadir, that be was asking the "Green March" volunteers to return to their starting point. This decision helped to r ~duce the risks of confrontation, to dispel the tense atmosphere th.at. had prevailed in the region, and to make possible the establishment of the necessary , conditions for seeking a negotiated, peaceful solution acceptable to all the part~~s involved. The Council may recall that the "Green March" had been the subject 01· a series of deliberations at public or private meetings. As a result, it led to th~ dispatch of an appeal by the President of the Security Council to the King of Morocco and to the adoption of resolution 380 (1975).

/ 3. I have been informed by the representatives of the parties concerned and interested that a number of high-level contacts took place during the last few days: thus, the Moroccan MinistP-r for Foreign Affairs, Mr. Ahmed Laraki, visited Nouakchott; President Mokhtar Ould Daddah met Pyesident Boumediene at Colomb-Bechar, Algeria, before going to Marrakesh to confer with the King of Morocco. In addition, following the visit to Agadir of the Minister of the Presidency of the Spanish Government, Mr. Antonio Martinez Carro, a Moroccan delegation headed by the Prime Minister, Mr. Ahmed Osman, and a Mauritanian delegation headed by the Minister for Foreign Affairs, Mr. Hamdi Mouknass, went to Madrid on 11 November. I shall not fail to report to the Council on any new developments of .mich I am informed in this connexion.

75-23720 / ... S/11876 English Page 2

REPORTBY T.t_>:;SECRETARY-GENERAL IN PURSUANCEOF SECURITYco u~ CIL RESOLUTION379 (1975) RELATING TO THE SI'I'UATION CONCERNINGWESTERN SAHARA

1. At its 1852nd meeting, on 2 November 1975, the Security Council adopted by consensus resolution 379 (1975) which reads as follows:

"The Security Council,

Having considered the report of the Secretary-General in pursuance of Security Council resolution 377 (1975) relating to the situation concerning Western Sahara (S/11863),

Having also considered the letter dated 1 November 1975 fro~ the Acting Permenent Representative of Spain to the United Nations addressed to the President of the Security Council (S/11864),

Reaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the area remains grave,

Expressing its appreciation of the efforts of the Secretary-General in implementation of Security Council resolution 377 (1975),

Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Assembly resoluti ons on the territory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth session,

1. Urges all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area;

2. - Requests the Secretary-General to continue and in~ensif'y his consultations with the parties concerned and interested, acd to rep ort to the Security Council as soon as possible on the results of these consultations in order to enable the Council to adopt any further appropriate measures that may be necessary."

75-23210 I ... UNITED NATIONS Distr. SECURITY GENERAL s/11874 COUNCIL 8 November 1975 ORIGINAL: ENGLISH

REPORTBY THI SECRETARY-GENERALIN PURSUANCEOF SECURITYCOUJ 1:IL RESOLUTION379 (1975) RELATING TO THE SITL~TION CONCERNINGWESTERN SAHARA

1. At its 1852nd meeting, on 2 November 1975, the Security Council adopted by consensus resolution 379 (1975) which reads as follows:

"The Security Council,

Having considered tte report of the Secretary-General in pursuance of Security Council resolut io n 377 (1975) relating to the situation concerning Western Sahara (S/11863),

Having also considered the letter dated 1 November 1975 fro~ the Acting Permanent Representative of Spain to the United Nations addressed to the President of the Security Council (s/11864),

Reaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the area remains grave,

Expressing its appreciation of the efforts of the Secretary-General in implementation of Security Council resolution 377 (1975),

Reaffirming the te~s of General Assembly resolution 1514 (XV) and all other relevant General Assembly resolutions on the territ ory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth ses sion,

1. Urges all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area;

2. Requests the Secretary-General to continue and intensify his consultations with the parties concerned and interested, acd to report to the Security Council as soon as possible on the results of these consultati ons in order to enable the Council to adopt any further appropriate measures that may be necessary."

75-23210 I ... UN /i- ED NA TIO N S Distr. GENERAL

GENERAL SECURITY A/10337 S/11872 ASSEMBLY COUNCIL 7 November 1975 ENGLISH ORIGINAL: FRENCH

GEHERALA SSEMBLY SECURITYCOUNCIL Thirtieth session Thirtieth year Agenda item 23 IMPLEMENTATIOJ.IJOF THE DECLAR.\TION ON THE GRANTINGOF INDEPENDENCETO COLONIAL COUNTRIESAND PEOPLES

Letter dated 6 November 1975 from the Permanent Representative of Algeria to the United li2.tions addressed to the Secretary-General

I he.ve the honour to as~ you to have distributed as an official document of the General Assembly, in coP--''1exion with agenda item 23, Question of Spanish Sahara, and of the Security Council the text of the following messa ges addressed to you by His Excellency Abdelaziz Bouteflika, Minister for Foreign Affairs of the People's Democratic Republic of Algeria and Member of the Revolutionary Council, following the adoption by t be Security Council of resolutions 377 (1975) and 379 (1975).

(Si gned) Abdellatif RAHAL Permanent Representative Permanent Mission of Al geria to the United Nations

75-23199 I ... UNITED NATIONS Distr. SECURITY GENERAL s/11873 7 November 1975 COUNCIL ENGLISH ORIGINAL: FRENCH

LETTER DATED7 NOVEMBER1975 FROMTHE PERMAI'1ENTREPRESENTATIVE OF MOROCCOTO THE UNITED NATIONSADDRESSED TO THE PRESIDENTOF THE SECURITYCOUNCIL

In a letter dated 6 November 1975, distributed as an official document of the Security Council (S/11871), the Charge d'Affaires a.i. of Spain reported to the Security Council certain information said to have been communicated to him by his country's representative in Rabat.

I have the honour to inform you today that the Ambassador of Spain at Rabat has d enied all that information, as he states in the following text:

Communique of the Ambassador of Spain at Rabat:

"With reference to news release No. 56 of today's date issued by Agence France-Presse from New York, concerning an ultimatum reported to have been addressed by Morocco to Spain, the Embassy of Spain at Rabat categorically denies that it received and trausmitted to Madrid a letter from the Moroccan Government and is also in a position to deny that the Spanish Ministry of '.Foreign Affairs addressed a letter to the President of the Security Council of the United Nations."

I request you to instruct the Secretariat to distribute my letter as an offi,2ial document of the Security Council.

(Signed) Driss SLAOUI Ambassador Permanent Representative

75- 223140 UNITED NATIONS Dis tr. GENERAL SECURITY S/RES/380 (1975) COUNCIL 6 November 1975

RESOLUTION380 (1975)

Adopted by the Security Council at its 1854th meeting, on 6 November 1975

The Security Council,

Noting with grave concern that the situation concerning Western Sahara has seriously deteriorated,

Noting with regret that, despite its resolutions 377 (1975) of 22 October 1975 and 379 (1975) of 2 November 1975 as well as the appeal made by the President of the Security Council, under its authorization, to the King of Morocco with an urgent request to put an end forthwith to the declared march on Western Sahara, the said march has taken place,

Acting on the basis of the aforementioned resolutions,

1. Deplores the holding of the march;

2. Calls upon Morocco immediately to withdraw all the participants in the march from the territory of Western Sahara;

3. Calls upon Morocco and all other parties concerned and interested, without prejudice to any action which the General Assembly might take under the terms of its resolution 3292 (XXIX) and any negotiations which the parties concerned and interested might undertake under Article 33 of the Charter, to co-operate fully with the Secretary-General in the fulfilment of the mandate entrusted to him in Security Council resolutions 377 (1975) and 379 (1975).

75-23022 UNITED - NATIONS Distr. SECURITY GENERAL s/11870 COUNCIL 6 November 1975 ORIGINAL: ENGLISH

Draft resolution

The Security Council,

Noting with grave concern that the situation concerning Western Sahara has seriously deteriorated,

Acting on the basis of the aforementioned resolutions,

l. Deplores the holding of the march;

2. Calls upon Morocco immediately to withdraw all the participants in the -lllarch from the territory of Western Sahara;

3. Calls upon Morocco and all other parties concerned and interested, without prejudice to any action which the General Assembly might take under the - terms of its resolution 3292 (XXIX) and any negotiations which the parties concerned and interested might undertake unde~ Article 33 of the Charter, to - co-operate fully with the Secretary-General in the fulfilment of the mandate entrusted to him in Security Council resolutions 377 (1975) and 379 (1975).

7~ 75-23012 UNITED NATIONS Distr. GENERAL SECURITY s/11869* COUNCIL 6 November 1975 ORIGINAL: ENGLISH

OFFICIAL COMi•lliNIQUE OF THE 1853RD MEETING OF THE SECi.JRITY COUNCIL

Held in private in the Security Council Chamber at Headquarters on Thursday, 6 November 1975, at 12.15 a.m.

At its 1853rd meeting, held in private on 6 November 1975, the Security Council continued its consideration of the situation concerning Western Sahara. The representatives of Morocco, Spain and Algeria, as three of the four parties concerned and interested, were invited by decision of the Council to take part in the meeting.

The members of the Council put questions to the representatives of parties concerned and interested and received answers to them.

After a suspension of the meetirig, the Council decided to authorize its President to issue, on its behalf, 'the following appeal to His Majesty King Hassan II of Morocco:

"The Security Council has authorized me to address to Your Majesty an urgent request to put an end forthwith to the declared march into Western Sahara."

* This document is issued in place of the original version of S/PV.1853.

75-22931 ::..JN/TED NATIONS Distr,. ECURITY GENERAL s/11868 C::OUNCIL 6 November 1975 ENGLISH ORIGINAL: ENGLISH/FRENCH

NOTEBY THE PRESIDENT OF THE SECURITYCOUNCIL

~ - In accordance with the decision taken by the Security Council at its :..._:553rd meeting , held on 6 November 1975, the President of the Security Council ~ .ddressed_. on its "!Jehalf , the following appeal to His Majesty, King Hassan II, of =:_:--:irocco: • "The Security Council has authorized me to address to Your Majesty an urgent request to put an end forthwith to the declared march into Western Sahara."

--- . In reply to this appeal, the President of the Security Council received early .::.:::::nthe morning of 6 November, the following cable from His Majesty, King Hassan II, ::=::::..1~ Morocco: .--.,_ ''We have duly received your message relating to the communications which the Security Council had instructed you to transmit to us concerning the green march into our Sahara.

"We can only inform you that the march has in fact already begun this morning.

"We req_uest you to renew to the Security Council the assurance repeatedly given by the Kingdom of Morocco that the march will at no time deviate from the peac~ful character which underlies this action and which will be maintained throughout its course." UNITED NATIONS Distr. SECURITY GENERAL s/11867 COUNCIL 6 November 1975 ENGLISH ORIGINAL: SPANISH

LETTER DATED6 NOVEMBER1975 FROMTHE CHARGED'AFFAIRES A.I. OF THE PERMANENT MISSION OF SPAIN TO THE UNITEDNATIONS ADDRESSED TO THE PRESIDENT OF THE SECURITYCOUNCIL

Further to my letter of 1 November 1975 requesting an emergency meeting of the Security Council to consider the deterioration of the situation in Western Sahara, I have the honour to inform you that, inasmuch as the frontier of Western Sahara has now been violated by large contingents of Moroccan nationals, including elements of the armed forces and official authorities, it becomes most urgently necessary that the Security Council should meet in public session in order to take appropriate measures for bringing about an end to this situation and securing the withdrawal to Moroccan territory of the elements taking part in the march.

I would request you to allow my delegation to participate in the meeting of the Security Council, in accordance with the provisions of Article 31 of the Charter and rule 37 of the rules of procedure of the Security Council.

I would further request you to circulate this letter as an official document of the Security Council.

(Signed) Antonio ELIAS Charge d'Affaires a.i.

75-22971 U N I T E D N A T I O N S Press Section Office of Public Info:i..T.iation United Nations, N.Y. (FOR USE OF INFORMATIONMEDIA -- NOT AN OFFICIAL RECORD)

Press Release SG/SM/2271 sc/3665 6 November 1975

STATEMENTBY SECTIETARY-GENERALIN SECURITYCOUNCIL

As the members of the Security Council are aware, since the adoption of resolution 379 (1975) last Sunday, I have been in constant touch with the parties concerned and interested, through their representatives at the United Nations and also through my special envoy, M1·. Andre Lewin, whom I sent to the area.

I have not failed to keep the raembers of the Security Council fully informed of all developments as they were reported to me. In the course of the many hours of consultations which you, Mr. President, have had with the mer,1bers of the Council, I had the opportunity of L1aking several oral reports in order to explain in detail the seriousness of the situation.

My special envoy has returned today and I shol 1 ld now be in a position to subwit shortly a comprehensive report to the Security Council under resolution 379 (1975). As I had already stated last Sunday, I wish to assnre the Council that I shall continue exercisin3 every effort to contribute to a peaceful solution of the problem before the Council, the importance of which has just been underlined by the Council through the adoption of yet another resolution. I hope that the collective efforts undertaken within the United Nations will bear fruit and we will be able to defuse, through our joint action, a situation which contirrues to be very serious and grave. UNITED NATIONS Distr. GENERAL SECURITY s/FEs/379 ( 1975) COUNCIL 2 November 1975

FESOWTION 379 (1975)

Adopted by the Security Council at its 1852nd meeting, on 2 November 1975

The Security Council,

Having considered the report of the Secretary-General in pursuance of Security Council resolution 377 (1975) relating to the situation concerning Western Sahara (s/11863),

Having also considered the letter dated 1 November 1975 from the Acting Permanent Representative of Spain to the United Nations addressed to the President of the Security Council (s/11864),

Beaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the area remains grave, :-._ Expressing its appreciation of the efforts of the Secretary-General in implementation of Security Council resolution 377 (1975),

Reaffirming the terms 0f General Assembly resolution 1514 (xv) and all other relevant General Assembly resolutions on the territory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth session,

1. Urges all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area;

2. Requests the Secretary-General to continue and intensify his consultations with the p~_rties concerned and interested, and to report to the Security Council as soon as possible on the results of these consultations in order to enable the Council to adopt any further appropriate measures that may be necessary.

75-22375 ..... -L ' ' -

-----~--______,_ ------~- ·-· --- =-~-:;: -~-: ·.-;~ - I.!::....__- ~ ~..::.:.:=:-~--- -==-~~-==--;:~= UNITED NATIONS Dist!'. GENERAL SECURITY S/Agenda/1852 2 November 1975 COUNCIL Et·!GLISH ORIGINAL: RUSSIAN

PROVISION.l\.LAGENDA OF THE 1852ND MEETINGOF THE SECURITYCOUNCIL

To be held in the Security Council Chamber at Headquarters, on Sunday, 2 November 1975, at 10.30 a.m.

1. Adoption of the agenda

2. The situation concerning Western Sahara

(a) Report by the Secretary-General in pursuance of Security Council resolution 377 (1975) relating to the sit~ation concerning Western Sahara (s/11863)

(b) Letter dated 1 November 1975 from the ~narge d'Affaires, a.i. of the Permanent ~tission of Spain to the United Nations addressed to the President of the Security Council (8/11864)

75-22370 UNITED NATIONS Distr. GENERAL SECURITY S/RF,s/379 ( 1975) COUNCIL 2 November 1975

RF,SOLUTION379 (1975)

Adopted by the Security Council at its 1852nd meeting, on 2 November 1975

The Security Council,

Having considered the report of the Secretary-General in pursuance of Security Council resolution 377 (1975) relating to the situation concerning Western Sahara (s/11863),

Having also considered the letter dated 1 November 1975 from the Acting Permanent Representative of Spain to the United Nations addressed to the President of the Security Council (s/11864),

Reaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the area remains grave,

Expressing its appreciation of the efforts of the Secretary-General in implementation of Security Council resolution 377 (1975),

Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Assembly resolutions on the territory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth session,

1. Urges all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area;

2. Requests the Secretary-General to continue and intensify his consultations with the pRrties concerned and interested, and to report to the Security Council as soon as possible on the results of these consultations in order to enable the Council to adopt any further appropriate measures that may be necessary.

75-22375 UNITED NATIONS Distr. GENERAL SECURITY s/11865 COUNCIL 2 Nove:nber 1975 ORIGINAL: ENGLISH

DRAFT RESOLU'I'ION

The Security Council,

Having considered the report of the Secretary-G ~neral in pu r suance of ?ecurity Council resolution 377 (1975) relating to the situation concerr.ing Western Sahara (s/11863),

Having also considered the letter dated l November 1975 from the Ae:ting Permanent Representative of Spain to the United Nations addressed to the President of the Security Council (S/11864),

Reaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the c:::ea r e::iains grave,

Expressing its appreciation of the efforts of the Secretary-Gener~l in implementation of Security Council resolution 377 (1975),

Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Assembly resolutions on the territory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth session,

1. Urges all the parties concerned and interested to avoid a~y unilateral or other action which might further escalate the tension in the area;

2. Requests the Secretary-General to continue and int ensify his consultations with the parties concerned and interested, and to report to the Security Council as soon as possible on the results of these consultations in order to enable the Council to adopt any further appropriate measures that may be necessary.

75-22365 ~ UNITED NATIONS Distr. GENERAL SECURITY s/REs/379 (1975) COUNCIL 2 November 1975

RESOLUTION379 (1975)

Adopted by the Security Council at its 1852nd meeting, on 2 November 1975

The Security Council,

Having considered the report of the Secretary-General in pursuance of Security Council resolution 377 (1975) relating to the situation concerning Western Sahara (s/11863),

Having also considered the letter dated 1 November 1975 from the Acting Permanent Representative of Spain to the United Nations addressed to the President of the Security Council (s/11864),

Reaffirming its resolution 377 (1975) of 22 October 1975,

Having noted with concern that the situation in the area remains grave, .... Expressing its aporeciation of the efforts of the Secretary-General in implementation of Security Council resolution 377 (1975),

Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Asse~bly resolutions on the territory,

Noting that the question of Western Sahara is before the General Assembly at its thirtieth session, .

1. Urges all the parties concerned and interested to avoid any unilateral or other action which might further escalate the tension in the area;

2. Requests the Secretary-General to continue and intensify his consultations with the pP.rties concerned and interested, and to report to the Security Council as soon as possible on the results of these consultations in order to enable the Council to adopt any further appropriate measures that may be necessary.

75-22375 NAT60NS U i"11 ED Distr. GENERllL SECURITY s/11864 1 November 1975 COUNCIL E:NGLISH ORIGINAL: SPA:.~ISH

LETTERDATED 1 NOVEMBER1975 FROMTHE CHARGE D'AFFAIRES, A.I. OF THE PEREANENTMISSION OF SPAIN TO TJ-IBUNITED NATIONS ADDRESSEDTO THE PRESIDENTOF THE SECURITYCOUNCIL

With reference to tbe letter of 18 October 1975 (S/11851) add:r-E:ssed by the Pe~ma.~ent Representative of Spain to the President of the Security Council requesting an urgent meeting of the Council, I have the honour to inform you, on in's ·tructions from my Government, that the situation in Western Sahara has deteriorated to such an extent at the last moment, owing to the refusal of the Government of Morocco to halt the announced march of invasion of the Territory, that it has become necessary to hold an extremely urgent meeting of th<; See:t1.Y·i:';y Council to consider the appropriate measures to be taken in conformity with the Cha:i:ter to oblige the Government of Morocco to desist from the march it has announced.

I request you to allow my delegation to participate in the meeting of the Security Council in accordance with the provisions of Article 31 of the Charter and rule 37 of the rules of procedure of the Security Council.

I should be grateful if you would have this letter circulated as an official document of the Security Council.

(Signed) Antonio ELIAS Charge i 'Affaires a..i.

75-22360 ·_·-__: ·_____------....:,_... =-=.::.t===--..;,~.s:_;:.:::...;=....-~-=- = =~ ~ = ' ...-". .-~_.,.~":::: . ..,__ NATIONS Distr. GENERAL SECURITY S/11864 l November 1975 COIJNC!L ENGLISH ORIGINAL: SPANISH

LETTERDATED 1 N07EMBER1975 FROMTHE CHARGED 'AFFAIRES, A. I. OF THE PEffi/JI_NEr;TMISSION OF SPAIN TO THE UNITED NATIONS ADDRESSEDTO THE PRESIDENTOF THE SECURITYCOUNCIL

With reference to the letter of 18 October 1975 (S/11851) addressed by the Permanent Representative of Spain to the President of the Security Council requesting an urgent meeting of the Council, I have the honour to inform you, on in"str.·uctions from my Government, that the situation in Western Sahera has det~riorated to such on e:x-tent at the last moment, owing to the refusal of the Government of Morocco to he.It the annou_~ced march of invasion of the Territory, that it has become necessary to hold an extr8ilely urg ent meeting of the Security Council to consider the a:pp:r-oprie..te measures to be taken in conformity with t he Charter to oblige the Government cf Morocco to desist from the march it has announced.

I request you to allow my del egation to participate in the meeting of the · Security Council in accordance with the provisions of Article 31 of the Charter and rule 37 of the rules of procedure of the Security Co1mcil.

I should be grateful if you would have this letter circulated as an official document of the Security Council.

(Signed) Antonio ELIAS Charge :1'Affaires a. i.

75-22360 !J 1'1I 1 E D N A T I O hi S Distr. GENERA.L SECURITY S/11864 J_ November 1975 <:OUNC!l ENGLISH ORIGINAL: SPANISH

LET':i:ERDATED 1 NOVEMBER1975 FnOMTHE CHARGED'AFFAIRES, A.I. OF THE PERfvJI_NENTMISSION OF SPAIN TO THE UNITED NATIONS ADDRESSEDTO THE PRESIDENTOF THE SECURITYCOUNCIL

With reference to the letter of 18 October 1975 (S/11851) addressed by the Permanent Representative of Spain to the President of the s~curity Council requesting an urgent meeting of the Council, I have the honour to inform :rou, on instructions from my Government, that the situation in Western Sahe~e has deteriorated to such a....-1e:ictent at the last moment, owing to the refusal of the Govern.;ne~1t of Morocco to halt the annou_nced march of inv~sion of the Territory, that it has become necessary to hold an extremely urgent meeting of the Secur ·ity Council to consider the appropriate measures to be taken in conformity with the Charter to oblige the Government cf Morocco to desist from the march it bas announced.

I re~uest you to allow my delegation to participate in the meeting of the Security Council in accordance with the provisions of Article 31 of the Charter and rule 37 of the rules of procedure of the Security Council.

I should be grateful if you would have this letter circulated as an official document of the Security Council.

(Signed) Antonio ELIAS Charge iJAffaires ~.i.

75-22360 1·J~ -k ing. .:--Pa,":>~ 1.--NG~m b or _ 'l,.975

Having considered the report of the Secretary-G2ner~l in

the situation concerning ·western Saha:r::-a (S/11863),

Having also considered the letter dated 1 NoveTl\ber 1975

from the Acting Perma nent Repr ese ntative of Spain to the United

Nations a d dr esse d to the Presid e nt of the Security Council

{S/11864) ,

Reaf-Firming its resolution 377 (1975) of 22 Octob e r 1975,

Having noted with concern that the situation in the area

. ·:...·-=:mains grave,

E:;.(pressing its appreciation o:c the efforts of the Secre tary-

General in impl ementa tion of Security _ Council resolution 377 (197:

Reaffirming the terms of Ge neral Assembly resolution 1514 (X\

and all other relevant General As sem bly r e solutions on the

territory,

Noting that the qu e stion of 1·lestern Sahara is before the

General Ass ~mbly at its thirtieth session,

1. Urges all the parties concerned and interested to avoid

any unilateral or other action which might further escalate

the tension in the ar s a;

2. Requests the Secretary-Gen e ral to continue and intensify

his consultations ,.,,j_th the parti e:s concerned and interested,

and to report to the Security Council as · soon as possible on the

results of these consultations in ord e r to enable thJ{ouncil

to adoptjilrther appro:'..)riate Ti12asur es t2.at may be necessary , • , I

UNITED NATIONS Distr. GENERAL SECURITY s/11863 COUNCIL 31 October 1975 ORIGINAL: ENGLISH

REPORT BY THE SECRETARY-GENERALIN PURSUANCEOF SECURITYCOUNCIL RESOLUTION 377 (1975) RELATING TO THE SIWATION CONCERNINGWESTERN SAHARA

1. At its 1850th meeting, on 22 October 1975, the Security Council adopted by consensus resolution 377 (1975) which reads as follows:

"The Security Council,

"Having considered the situation concerning Western Sahara, and the letter dated 18 October 1975 from the Permanent Representative of Spain to the President of the Security Council (S/11851),

"Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Assembly resolutions on the territory,

"l. Acting in accordance with Article 34 of the Charter and without prejudice to any action which the General Assembly might take under the terms of its resolution 3292 (XXIX), and to negotiations that the parties concerned and interested might undertake under Article 33 of the Charter, requests the Secretary-General to enter into immediate consultations with the parties concerned and interested and to report to the Security Council as soon as possible on the results of his consultations in order to enable the Council to adopt the appropriate measures to deal with the present situation concerning Western Sahara;

112. Appeals to the parties concerned and interested to exercise restraint and moderation, and to enable the mission of the Secretary-General to be undertaken in satisfactory conditions.rr

Z:. In carrying out the request addressed to me by the Security Council in paragraph 1 of the resolution, I proceeded to hold consultations with the parties c..:.oncerned and interested. I visited them in the following order: Morocco, M:iauritania, Algeria and Spain.

~~ - The present report is submitted to the Security Council in accordance with the C~ouncil's request that I should report as soon as possible on the results of my c:::onsultations.

7: 5-22333 I ... UNITED NATIONS Distr . SECURITY GENERAL s/11863 31 October 1975 COUNCIL ~ • ORIGINAL: ENGLISH

REPORTBY THE SECRETARY~GENERALIN PURSUANCEOF SECURITY COUNCILRESOLUTION 377 (1975) RELATING TO THE SITUATION CONCERNINGWESTERN SAHARA

1. At its 1850th meeting, on 22 October 1975, the Security Council adopted by consensus resolution 377 (1975) which reads as follows:

"The Security Council,

"Having considered the situation concerning Western Sahara, and the letter dated 18 October 1975 from the Permanent Representative of Spain to the President of the Security Council (S/11851),

"Reaffirming the terms of General Assembly resolution 1514 (XV) and all other relevant General Assembly resolutions on the territory,

"2. Appeals to the parties concerned and interested to exercise restraint and moderation, and to enable the mission of the Secretary-General to be undertaken in satisfactory conditions."

2. In carrying out the request addressed to me by the Security Council in paragraph 1 of the resolution, I proceeded to hold consultations with the parties concerned and interested. I visited them in the following order: Morocco, Mauritania, Algeria and Spain.

3. The present report is submitted to the Security Council in accordance with the Council's request that I should report as soon as possible on the results of my consultations.

75-22333 I . •. T\A.Qs~ l( I .. L-. Ca.1..t,?J I"\ (\,I "L' ~ ~ l ~lL,. I' -v.v, C,_r ('."~ vvi\n \ t? I l l I. c-

I I/

1t....c,-..lov ·,+c,,LJ ct..u..d (J ·,t-s I i ~r 11 { / ct r. •10u• 1 COO n~nI ~ , tl l '.l ti{,. c' C'<' I (Cfj

) loc..D ')

\-€ pc' l1-Q..d u ..n t~ cu I a...o a_t t+s d ,Gpc<-a I ·1n dud l'-j llu::, u~c ot

[0...0.o...r rV eJ le

Distr. GENERAL GENERAL SECURITY A/10326 s/11862 ASSEMBLY COUNCIL 31 October 1975 ENGLISH · ORIGINAL: FREI1TCH

GEi~ERALASSEMBLY SECURITY COUNCIL Thirtieth session Thirtieth year Agenda item 23 HlPLEMEHTATIONOF THE DECLARATIONON 'I'HE GRANTINGOF INDEPENDENCETO COLOl'lIALCOUNTRIES Al\lD PEOPLES

Letter dated 31 October 1975 from the Permanent Representative of Algeria to the United Nations addressed to the Secretary-General

I have the honour to request that you kindly arrange for the distribution, as an official document of the General Assembly under the part of agenda item 23 dealing with the question of Spanish Sahara, and of the Security Council, the text of the attached message addressed by Fielc'l Marshal Al Hauji Idi Amin Dada, President of the Republic of Uganda and President of the Organization of African Unity, to President Houari Boumediene (annex I), and the reply of the President of -the People's Democratic Republic of Algeria to that message (annex II).

(Signed) Abdellatif RAHAL Permanent Representative of the People's Democratic Republic of Algeria to the United Nations

75-22300 I ... 31 October 1975

REPORT BY 'IHE SECRETARY-GENERAL IN PURSUANCE OF SECURITY COUNCIL RESOLUTION 377 (1975) RELATING TO 'IRE SITUATION CONCERNING WESTERN SAHARA

1. At its 1850th meeting, on 22 October 1975, the Security Council adopted by consensus resolution 377 (1975) which reads as follows: (insert full text of resolution) - 2 -

3. The present report is submitted to the Security Council in accordance with the Council's request that I should report as soon as possible on the results of my consultations.

I. CONSULTATIONS WITH THE PARTIES

4. Irrcrnediately following the adoption of resolution 377 (1975) on 22 October 1975, I transmitted the text of the resolution by telegram to the Governments of the parties concerned and interested.

S. At the same time, I undertook a series of separate meetings at the United Nations Hcadq~arters with the the four Governments. In the course of those meetings, it became evident that, in view of the complexity of the situation, it would be necessary for me to consult directly with the heads of State or Government of the parties. Accordingly, it was agreed that I should, as soon as arrangements could be made, travel to their countries in order to carry out such consultations.

6. I left New York during the morning of 25 October, accompanied by a small staff, and at 9.30 a.m. on the following day, I arrived in Marrakech, Morocco. I had extensive discussions with His Majesty, King Hassan II, following the opening ceremony of a dam at Sidi Cheho to which I had been invited. During those discussions, the position of Morocco was explained to me in detail. - 3 -

7. Following those discussions, which lasted until about 4 p.m., I proceeded directly to Nouakchott, Mauritania, where I arrived at 7.30 p.m. on the same day. Later that evening, I had a meeting with President Moktar Ould Daddah during which we discussed extensively the position of Mauritania.

8. Next morning, 27 October, I travelled to Algiers, where I arrived at 1.40 p.m. Later in the afternoon, I had a thorough · discussiDn with President Houari Boumediene, during which the President fully apprised me of the position of Algeria.

9. The same evening I left Algiers for Madrid, where I arrived at 10 p.m. The following morning, I had extensive talks with the President of the Government, Mr. Arias Navarro, and with the Minister for Foreign Affairs on the position of Spain.

10. In the afternoon of 28 October, I left ~acrid tc return to New York. Upon leaving Madrid, as I had previously agreed during my earlier consultations, I sent Mr. Andre Lewin as my personal representative to Marrakech and Algiers, in order to inform His Majesty King Hassan II and President Boumediene of the latest position of Spain and of certain suggestions which had emerged during my discussions. The Minister for Foreign Affairs of Mauritania, who happened on that day to be in Madrid together with the Minister for Foreign Affairs 0£ Morocco, was briefed by Mr. Lewin, with a view to informing President Ould Daddah.

11. All these consultations have enabled me to clarify the respective positions of the four Governments which are set out below. - 4 -

II. POSITION OF MOROCCO

12. The position of Morocco, as explained during the consultations with His Majesty, King Hassan II, can be summarized as follows:

(a} Morocco could not accept the thesis that the substantive question, namely, the decolonization of Western Sahara, must be kept separate from the situation which had arisen as a result of the "Green March" towards Western Sahara. The march was a movement enthusiastically supported by the people of Morocco.

(b) Recently there had been direct contacts between Spain and Morocco with a view to arriving at a solution on a bilateral basis, with the participation of Mauritania. Morocco hoped that those direct contacts would lead to an understanding. However, should those efforts not succeed, it appeared that Morocco would be prepared to consider other approaches in which the United Nations could be called upon to play an appropriate role. A final reaction to any proposal in this regard would require careful prior study.

(c} Morocco appreciated the advisory opinion of the International Court of Justice insofar as that opinion stressed the existence of legal ties of allegiance between the Sultan of Morocco and tribes living in the Territory of Western Sahara. It did not agree, however, with the Court's conclusion that the materials and information presented to the Court did not establish any tie of te.iU-torial sovereignty between the Territory of Western Sahara and the - 5 -

Kingdom of Morocco. Morocco's intentions were peaceful, and there was no reason why its people should not return peacefully to a Territory which belonged historically to it.

13. His Majesty expressed satisfaction at the vis~t of the Secretary-General, which afforded an opportunity to explain in more detail the position of Morocco. He asked me to keep him informed of my talks with the other Governments. Accordingly, it was agreed that, after my last visit, I would do so either through diplomatic channels or by sending a personal representative.

III. POSITION OF MAURITANIA

14. The position of Mauritania, as explained to me during my consultations with President Moktar Ould Daddah: can be summarized as follows:

(a) Mauritania's position was basically similar to that of Morocco. It likewise believed that the International Court of Justice had validated its territorial claims. Mauritania felt that the situation created by the "Green March" towards Western Sahara was linked with the question of the Territory's decolonization and that the two aspects of the problem could not be separated.

(b) Mauritania shared the opinion of Morocco that a solution to the decolonization of Western Sahara could be reached through direct negotiations between Spain on the one hand and Morocco and Mauritania on the other. Although Mauritania felt that Spain would be amenable to such an approach, Madrid had given no clear indication to this effect. - 6 -

(c) Y..auritania hoped that any settlement reached by roeans of such negotiations would receive the support of the United Nations. If they should fail, Mauritania would be prepared to consider a solution in which the United Nations would be called upon to play an appropriate role.

IV. POSITION OF ALGERIA

15. The position of Algeria, as explained during the consulta tions with President Houari Boumediene, can be summarized as follows:

(a) Algeria categorically rejected the position taken by Morocco and Mauritania that Western Sahara belongs to them by historical ties. It held the view t.i~at the Internat~onal Court of Justice, in its advisory opinion, had confirmed that there was no justification for territorial claims by either Morocco or Mauritania.

(b) Algeria itself had no territorial claim on Western Sahara but it insisted that the people of the Territory roust be enabled to decide their own future through the exercise of their right to self-determination.

(c) Algeria considered that all parties should await the decision of the General Assembly, pursuant to resolution 3292 (XXIX) on the policy to be followed for the decolonization of Western Sahara. Any solution of this problem outside the United Nations would be unacceptable to Algeria. In its opinion the "Green March" was clearly contrary to the relevant resolutions of the United Nations. Under no circumstances would Algeria be prepared to endorse a fait accompli. - 7 -

(d) Algeria maintained that the principle of self-determination must be implemented by a referendum in the Territory. such a referendum should be organized by the United Nations which had a special role to play in the process of the decolonization of Western Sahara. Algeria would agree without reservation to whatever role the United Nations decided to assume in this regard. It was ready to accept the results of such a referendum, whatever the people might decide. On the other hand, Algeria could not accept any bilateral settlement which might be agreed upon between Spain, Morocco and Mauritania. Any takeover of the Territory by Morocco resulting from such a settlement would have serious repercussions both within and outside the area.

V. POSITION OF SPAIN

16. The position of Spain, as explained during the consultations with the President of the Government, Mr. Arias Navarro and the Minister for Foreign Affairs, Mr. Cortina Mauri, can be summarized as follows:

(a) Although the Government of Spain had established direct ·contacts with the Governments of Morocco and Mauritania because of the urgency of the situation created by the "Green March", it had not committed itself to seeking a solution to the decolonization of Western Sahara on a bilateral or trilateral basis.

(b) Spain had taken the position that the situation created by the "Green March" should be considered separately from the problem of the policy to be followed for the decolonization of Western Sahara. - 8 -

However, in the light of the most recent developments it had become apparent that in practice the two aspects of the question could not be separated.

(c) Spain strongly desired to find an agreement which would be acceptable to all the parties in the area. In order to achieve this aim Spain was ready to co-operate fully with the United Nations which could be called upon to play an appropriate role that might include temporary administration of the Territory by the United Nations until such time as the wishes of the population could be ascertained. Various aspects of such an approach were discussed. - 9 -

VI. CONCLUSIONS

17. As I have explained above, on the basis of the mandate entrusted to me by the Security Council in paragraph 1 of resolution 377 {1975), I have entered into immediate consulta tions with the parties concerned and interested. Their positions on the situation concerning Western Sahara, as explained during the consultations, are set out in this report.

18. While not all parties have arrived at final decisions, it seems to me that they would be prepared to recognize the United Nations as an essential element in the search for an acceptable solution. In the framework of such a solution the United Nations might be called upon to play an appropriate role, as indicated in the preceding Chapters.

19. Accordingly, my consultations with the parties are continuing and it can be expected that their results_will be known shortly. I shall not fail to keep the Council informed.

20. Meanwhile, the situation in the area remains grave. I consider it, therefore, of the greatest importance that any action be avoided which might further escalate the tension. C. Distr. UNITED NATIONS LIMITED

A/AC.109/L.1063/Add.8 GENERAL 24 October 1975 ENGLISH ASSEMBLY ORIGINAL: ENGLISH/FRENCH/ •~ SPANISH SPECIAL COMMITI'EEON THE SITUATION WITHREGARD TO THE IMPLEMENTATION OF THE DECLARATIONON THE GRANTING OF INDEPENDENCETO COLONIALCOUNTRIES ANDPEOPLES

REPORTOF THE UNITEDNATIONS VISITING MISSION TO SPANISHSAHARA, 1975

Addendum

CONTENTS

MAP

75-21697 14° 12" 10" a• ...... • . . . : : : : : : : : : : : : : : : : : '.i, ••: ..·· ..·· .· ··....· ····. .. ..· · · · . . . . I'"/ ...... ,. I MOROCCO I. I A L G E R IA 28° oZag . I oTindouf · · · · · ·' · · ·· · · · · ·· · · · ·r h · ·~ : : :: ··· ·· ·· ·· ···: : :· a ·••·•······:::;;:;::::::::::::::::::::::::::···· :::·~ .. ::::: -~ ······ ··· · ·· ·· · ·· · · · · ···· · ·• · ··· · · ·•·······•··•······················· ·· · ·· · ·· ·· · ······ C, ···•· · ·····•·•• · · · ··•·····• ·•·· · · ······· ····· ·· · ·········· ··· ·•···

26°

0======--...J.----' 40 80 120 160 200 mi 0 40 30 120 160 200 km ._.~------'------'------' .... 10"

SPANISH SAHARA /...... Road

Track

Intermittent stream AFRICA Airport

Dry salt lake ······ ····•··•····· ·· · ···· ··· · ::: ::: :.·:: ·::: ::::: ::· · ··· 22° 22" ········· ················ ·········· ······· ······ ········ ···· ··•······

The boundaries and nsmt1s shown on this map : 0 1000 2000m i : : : : : '.La Giiera· ·Nouadhibou do not Imply off icial endorsement or acceptance by tht1 UnittJd Nat ions. : I I I ; 0 1000 2000 km : : ; Cabo Blanco ...... 18" 16° 14° 12"

MAP NO. 2647 REV . 1 UNITED NATIONS OCTOBER 1976 UNITED NATIONS Distr. LIMITED '--· GENERAL A/AC.109/L.1063 9 October 1975 ENGLISH 'I ASSEMBLY ORIGINAL: ENGLISH/FRENCH/ SPANISH

SPECIAL COMMITTEEON THE SITUATIONWITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES ANDPEOPLES REPORTOF THE UNITEDNATIONS VISITING MISSION TO SPANISH SARP.HA,1975

CONTENTS Paragraphs Page Letter of transmittal ...... 2 I. Introduction 1 - 66 3

A. Terms of reference of the Visiting Mission • 1 - 6 3 B. Composition of the Visiting Mission 7 - 8 4 C. Activities of the Visiting Mission prior to its departure from New York ..•.••.•• 9 - 14 4 D. Programme adopted by the Visiting Mission 15 · - 16 5 E. Account of the Visiting Mission 17 - 66 6

II. History of the question 67 - 116 14

A. The question before the United Nations 67 - 78 14 B. Position of the parties involved ... 79 - 116 16

III. The Territory, its government and administration ) ) IV. Political situation in the Territory . . . ) ) V. Discussions with the Government of Spain . . • ) ) VI. Visit to Morocco . • . • ) ) {to be issued/ VII. Visit to Algeria . . . ) ) VIII. Visit to Mauritania . ) ) IX. General observ ations and conclusions of the Visiting) Mission ...... )

75-20393 UNITED NATIONS Distr. GENERAL GENERAL A/1O1O4 ,~SSEMBLY 2 June 1975 ENGLISH ORIGINAL: SPANISH

Thirtieth session Item 23 of the preliminary list*

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTING OF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 2 June 1975 from the Permanent Representative of Spain to the United Nations addressed to the Secretary-General

With reference to the statement of the Government of Morocco dated 26 May 1975, contained in document A/1OO97, and acting upon instructions received, I have the honour to inform you that the Spanish Government reiterates everything which was stated in my letter to you of 23 May, circulated as document A/1OO95.

As was clearly established in that letter, which confirmed earlier letters on th~ subject, the Spanish Government is firmly resolved to carry out the decolonization process in the Sahara in accordance with the principles and provisions of the Charter of the United Nations and the writings on the subject which are in agreement with those principles and provisions.

It is a fact, however, that in recent weeks serious incidents have occurred which have been fomented from outside the Territory and have disturbed the peace of Western Sahara. The Spanish Government expresses the hope that these disorders will cease and that all States Members of the United Nations ( in particular those bordering on the Territory) will, in accordance with the Charter of the United Nations, help to maintain peace and security so that the above-mentioned process of decolonization may be peacefully completed. This obligation . is incumbent particularly on the parties interested in the proceedings instituted under the auspices of the United Nations.

Thus, if violence occurs again, the Spanish Government, as indicated in its s~atement of 23 May 1975, reserves the right to call on the Security Council to consider the matter, if the Government deems it necessary, and also to take the decisions it has announced without thereby ceasing its co-operation with the United Nations in the attainment of its ends.

I should be grateful if you would circulate this note as a General Assembly document in connexion with item 23 of the preliminary list of items to be included in the provisional agenda of the thirtieth session. (Signed) Jaime de PINIES

* A/1OOOO. 75-11346 UNITED NATIONS Distr. LIMITED GENERAL A/AC.109/L.1063/Add.7 22 October 1975 ASSEMBLY ENGLISH ORIGINAL: FRENCH

SPECIAL COMMITTEEON THE SITUATIONWITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES AJ\JD PEOPLES

REPORTOF THE UNITED NATIONSVISITING MISSION TO SPANISH SAHARA,1975

Addendum

CONTENTS

Letter of transmittal ) ) I. Introduction ) II. History of the question ) ) III. The Territory, its government and administration ) IV. Political situation in the Territory ) ) V. Discussions with the Government of Spain ) VI. Visit to Morocco ) /See A/AC.109/ ) L.1063 and VII. Visit to Algeria ) Add.1-fl VIII. Visit to Mauritania ) ) IX. General observations and conclusions of the Visiting ) Mission ) ) ) Appendices ) ) I. Observation of Mrs. Marta Jimenez Martfnez (Cuba) ) II. Meetings with heads of State or Government ) III. Text of joint communiques issued by concerned and interested parties . • • • • · · · · · · · · · · · · · · · · · • · · · • · · • • 3 75-21501 / ... UNITED NATIONS Distr. GENERAL SECURITY s/11857 22 October 1975 COUNCIL ENGLISH ORIGINAL: ENGLISH/SPANISH

NOTEBY THE SECRETARY-GENERAL

With reference to the discussion by the Security Council of the situation concerning Western Sahara, the Secretary-General is circulating herewith the texts of letters addressed to him on 6 May, 14 July and 25 August 1975 by the Permanent Representative of Spain to the United Nations, as requested by the representative of Spain at the 1849th meeting of the Security Council on 20 October 1975 (see S/PV.1849, p. 4-5).

75-21460 I •• . pNITED NAflONS Distr. GENERAL 5ECURITY S/RES/377 (1975) COUNCIL 22 October 1975

RESOLUTION377 (1975)

Adopted by the Security Council at its 1850th meeting, on 22 October 1975

The Security Council,

Having considered the situation concerning Western Sahara, and the letter \:\t.ed 18 October 1975 from the Permanent Representative of Spain to the President f the Security Council (s/11851),

Reaffirming the terms of General Assembly resolution 1514 (XV) and all other 1 levant General Assembly resolutions on the territory,

1. Acting in accordance with Article 34 of t~1e Charter and without r -r~judice to any action which the General Assembly might take under the terms of it$ resolution 3292 (XXIX), and to negotiations that the parties concerned and i ~it.erested might undertake under Article 33 of the Charter, requests the ~~~retary-General to enter into immediate consultations with the parties concerned ~:~d interested and to report to the Security Council as soon as possible on the 1~ $ults of his consultations in order to enable the Council to adopt the ~' ?ropriate measures to deal with the present situation concerning Western Sahara;

2. Appeals to the parties concerned and interested to exercise restraint ~'.-1 moderation, and to enable the mission of the Secretary-General to be \~!-~ertaken in satisfactory conditions. UNITED NATIONS Distr. LIMITED GENERAL A/AC.109/L.1063/Add.6 21 October 1975 ENGLISH ASSEMBLY ORIGINAL: ENGLISH/FRENCH/ SPANISH

SPECIAL COMMITrEEON THE SITUATIONWITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES ANDPEOPLES

REPORTOF THE UNITEDNATIONS VISITING MISSION TO SPANISH SAHARA,1975

Addendum

CONTENTS

Letter of transmittal ) ) I. Introduction . ) II. History of the question . ) ) III. The Territory, its government ) and administration .. . ) IV. Political situation in the Territory ) ) V. Discussions with the Government ) of Spain • . . . ) /See A/AC.109/L.1063 VI. Visit to Morocco ) - and Add.1-.2/ ) VII. Visit to Algeria ) VIII. Visit to Mauritania ) ) IX. General observations and conclusions ) of the Visiting Mission ..... ) Appendices

I. Observations of Mrs. Marta Jimenez ) Martinez (Cub~) . . . . . • . . . ) II. Meetings with heads of State or Govern ment ...... 3 75-21435 I . .. UNITED NATIONS Distr. GENERAL SECURITY s/11852 19 October 1975 COUNCIL ElrnLISH ORIGINAL: FRENCH

LETI'ER DATED18 OCTOBER1975 FROMTHE FEFJI.JJIBNTREPRESENTATIVE OF MOROCCOTO THE UNITED NATIONS ADDRESSEDTO THE PRESIDENT OF THE SECURITY COUNCIL

In the letter (S/11851) which he addressed to you on 18 October on behalf of his Government, the Ambassador of Spain describes as an invasion the peaceful march announced by His Majesty the King.

The Government of the Kingdom of Mo:.occo protests vigorously against this misrepresentation of the facts, which indicates that the Spanish Government is persisting in the course it has always pursued in an effort to distort the nature of' Morocco's claims and of the peaceful means which Morocco has always preferred to employ in order to gain recognition of its right to national unity and territorial integrity.

The Government of the Kingdom of Morocco recalls on this occasion that - His Majesty the King has announced a march by unarmed civilians - men and women who have received instructions not to respond to any attack by Spanish military forces, thus leaving the Madrid Government with full responsibility for deciding what its reaction should be.

I should be grateful if' you would have this letter circulated as a Security Council document.

(Signed) Driss SLAOUI Ambassador Permanent Representative

75-21229 UNITED NATIOi"\JS Distr. LIMITED

GENERAL A/AC.109/L.1063/Add.5 13 October 1975 ASSEMBLY ENGLISH ORIGINAL: SPANISH

SPECIALCOMMITTEE ON THE SITUATIONWITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES ANDPEOPLES

REPORTOF THE UNITEDNATIONS VISITING MISSIONTO SPANISHSAHARA, 1975

Addendum

75-20648 I . .• .. A/AC.109/L.1063/Add.5 Bnglish Fc>.ge 2

Append.ix I

Observation by Mrs. Marta Ji mene z M_artinez · (Cuba)

The Cuban representative is in essential agreem ent with the repcrt but wishes to t:1al{e the following observation:

Peoples have the legiti mate right to be the ffiasters of their own destiny in accordance with General Assembly resolution 1514 (XV) of 14 December 1960, which states: "All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 11 The exercise of this right cannot be limited, much less subordinated to the interests of other nations.

The actions of the United Nations must be directed towards ensuring that the Saharan people freely determine their own destiny, and the administering Power and neighbouring countries must contribute to this objective in an atmosphere of peace and mutual security. UNITED NATIONS Distr. LIMIT.ED

GENERAL A/AC.109/1.1063/Add.4 11 October 197 5. ASSEMBLY ENGLISH ORIGINAL: ENGLISH/FRENCH/ SPANISH

SPECIAL COMMITTEEON THE SITUATIONWITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

REPORTOF THE UNIT.EDNATIONS VISITING MISSION TO SPANISHSAHARA

Addendum

CONTENTS

I. Introduction ) ) II. History of the question ) ) III. The Territory, its Government and administration) ) IV. Political situation in the Territory ) ) /See A/Ac.109/1.1063 v. Discussions with the Government of Spain ) -and Add.1-i/ ) VI. Visit to Morocco ) ) VII. Visit to Algeria ) ) VIII. lisit to ~auritania )

IX. General observations and conclusions of the Visiting Mission 403 - 446 2

75-20620 I •.. UNITED NATIONS Distr. LIMITED

GENERAL A/AC.1O9/L.1O63/Add.3 11 October 1975 ASSEMBLY ENGLISH ORIGINAL: ENGLISH/FRENCH/ SPANISH

SPECIAL CO:MMITTEEON THE SITUATIONWITH REGARDTO THE IMPLE%ENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

REPORTOF THE UNITED NATIONSVISITING MISSION TO SPANISH SAHARA

Addendum

CONTENTS Paragraphs Page

I. Introduction )

II. History of the question )

III. ~~e Territory, its Government and administration ) /iee A/AC.109/1.1063 - and Add.1-'[f IV. Political situation in the Territory )

V. Discussions with the Government of Spain )

VI. Visit to Morocco . 285 - 344 2 A. General •. 285 - 289 2 B. Talks with Moroccan authorities. 290 - 318 2 C. Interview with leaders of political parties and liberation movements and representatives of groups of prominent citizens ••• 319 - 344 7 345 - 375 14 VII. Visit to Algeria· • • • • • • A. Views of the Government. 345 - 360 14 B. Visit to the border areas ••• 361 - 375 17

VIII. Visit to Mauritania ..•.• 376 - 402 22 A. Views of the Government. 376 - 394 22 B. Contacts with the population 395 - 402 26 75-20626 I . .. UNITED NATIONS Distr. LIMITED

GENERAL A/AC.109/L.1063/Add.2 11 October 1975 ASSEMBLY ENGLISH ORIGINAL: ENGLISH/FRENCH/ SPAlHSH

SPECIAL COMMITTEEON THE SITUATION WITH REGARDTO THE IMPLEMENTATIONOF THE DECLARATIONON THE GRANTEWOF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

REPORTOF THE UNITED NATIONSVISITING MISSION TO S~ANISH SAHARA

Addendum

CONTENTS Paragraphs Page

I. Introduction ) ) II. History of the question ) ) III. The Territory, its government and administration ) /see A/AC.109/1.1063 ) -and Add.1/ A. General information ) ) B. Government and administration ) C. Economic, social and cultural conditions )

IV. Political situation in the Territory 201 - 264 3

A. Preliminary observations 201 - 205 3 B. Political groups and liberation movements 206 - 228 4 C. Wishes and aspirations of the population 229 248 10 D. Freedom of political activity 249 - 257 15 E. Questions relating to security 258 - 264 17

75-20615 / ... UNITED NATIONS Distr. LIMITED

G,ENERAL A/AC.109/L.1063/Add.l 9 October 1975 ENGLISH ASSEMBLY ORIGINAL: ENGLISH/FRENCH/ SPANISH

SPECIAL COMMITTEEON THE SITUATION I WITH REGARDTO THE IMPLEMENTATION OF THE DECLAR4TIONON THE GRANTING OF INDEPENDENCETO COLONIALCOUNTRIES ANDPEOPLES

REPORTOF ~HE UNI~EDNATIONS VISITING MISSION TO SPANISHSAHARA

Addendum

CONTENTS Paragraphs Page

I. Introduction ) ) /see A/AC.109/L.1063/ II. History of the question )

III. The Territory, its government and administration 117 200 2

A. General information 117 - 125 2 B. Government and administration 126 - 169 5 C. Economic, social and cultural conditions 170 - 200 16

75-20431 / ... UNIT ED NATIO N S

Distr. GENERAL GENERAL SECURITY 1l A/10101 s/11707 ,~SSEMBLY COUNCIL 30 May 1975 ENGLISH ORIGINAL: FRENCH

Thirtieth session Item 23 of the preliminary list*

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

Letter dated 30 May 1975 from the Charge d' affaires a.i. of the Permanent Mission of Mauritania to the United Nations, addressed to the Secretary-General

On instructions from my Government, I have the honour to transmit to you the following communicstion:

"On instructions from my Government, I have the honour to inf _orm you of the following:

"The Government of the Islamic Republic of Mauritania, having carefully studied the statement of the Spanish Government dated 23 May 1975 (A/10095), has welcomed the intention expressed by the Spanish Government to decolonize the Mauri ta.'1ian Territory of Sahara as quickly as possible.

"This desire on the part of Spain to decolonize Sahara, which constitutes a logical step in the general process of liberation, coincides perfectly with the wishes of the Mauritanian Government and people, who have repeatedly called on Spain to proceed rapidly with decolonization.

"Spain's initiative is therefore to the credit of the Spanish Government which has not attempted to cling to a situation that is now anachronistic, but, on the contrary, has undertaken to leave the Territory.

"If this decolonization were to be carried out within the framework of the United Nations and in accordance with the process embarked on in the presence of that organization and if, in addition, it were the result of close consultations with the parties directly concerned, it would certainly contribute to the maintenance of peace and stability in the area and would preserve the age-old friendship and ties of every kind which unite this area

* A/10000.

75-11265 I . .• A/10101 S/11707 English Page 2

with Spain. If, on the other hand, it were to result from a unilateral decision taken by Spain in· contempt of its responsibilities and in spite · of its commitments made to the United Nations, confusion would result and peace and stability would be compromised.

"The Mauritanian Government therefore calls on Spain to face up to its responsibilities under the decisions of the United Nations General Assembly and not acc ording to a procedure which Spain itself wishes to impose. In any event, whatever the Spanish Government's final decision may be, the Government of the Islamic Republic of Mauritania will take all necessary steps to safeguard its interests and its legitimate rights over Mauritanian Sahara.

11 I should be grateful if you would circulate this statement as a General Assembly document in connexion with item 23 of the prelimina:..7 list, and as a Security Council document.

Hamdi OULDMOUKNASS Minister for Foreign Affairs"

(Signed) Mamadou KANE Charge d'affaires a.i. • I

UNITED NATIONS Distr. GENERAL GENERAL A/RES/3292 (XXIX) ASSE,\t\BLY 17 December 1974

Twenty-ninth session Agenda item 23

RBS8LUTIOI~ ADOPTEDDi THE GENERAL ASSEMBLY

{on the report of the fourth CoIUi~ittee (A/9748)}"

Question of Spanis:-.. Sah8.ra

Recallin g its resoh1tion 1514 (XV) of 14- December 1960 containing the Declaration on the GrantinG of Independence to Colonial Countries and Peoples,

Recalling also its·resolutions 2072 (XX) of 16 December 1965, 2229 (XXI) of 20 December 1966, 2354 (XXII) of 19 _Decewber 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 December 1969, 2711 (XXV) of 14 December 1970, 2983 (XXVII) of 14 December 1972 and 3162 (XXVIII) of 14 December 1973,

Reaffirmin p; the right . of the popula t ion of the Spar.ish Sahara to self determination in accordar. ::e ,:ith resol 1:tio :1 1514 (XV),

Considering that the persistence of a colonial ~ituation in Western Sahara jeopardizes stability_ 8.nd harmony in the ::1ortt-west _£1.frican region,

Taking into account ti1e statements nade in the General Assembly on 30 September and 2 October 1974 by the I-1inisters for Foreign Affairs of the Kingdom of Morocco ~./ and. of the Islamic hepublic of l-:auri tania, ~/

Takin~ note of the statements made in the Fourth Committee by the representatives of Morocco}/ and Mauritania, 1:..,/in which the two countries acknowledged that they were both interested in the :·ut u.re of the Territcry,

!_/ A/PV.2249. '?JA/PV.2251. }/ A/C,4/SR.2 117, 2125 and 2130. 1:!_/A/C.4/SR. 2ll 7 2nd 2lJO.

74-36235 I . .. A/RES/3292 (XXIX) Page 2

Havin~ heard the state"!!ents by the representative of Algeria, ?)

Having heard the stateT:Jents by the representative of Snain, 6/ ~ - Noting that during the discussion a legal difficulty arose over the status •f the said Territory at the time •f its colonization by Spain, ,

Considering, therefore, that it is highly desirable that the General Assembly, in order to continue the discussion of this question at its thirtieth session, should receive an advisory opinion on some important legal aspects of the problem,

Bearing in mind Article 96 of the Charter ef the United Nations and Article 65 of the Statute of the International Court of Justice,

1. Decides to request the International Court of Justice, without prejudice to the application of the principles embodied in General A~sembly reselutiop 1514 (XV), to give an advisory opinien at an early date en the following questi•ns:

"I. Was Western Sahara (Rio de Oro and Sakiet El Hamra) at the time nf colonization by Spain a territory belonging to no one (terra nulliu~)?"

If the answer to the first question is in the negative,

"II. What were the legal ties between this territory and the Kingdom of Morocco and the Mauritanian entity?";

2. Calls upon Spain, in its capacity as administering Power in particular, as well as Morocco and Mauritania, in their capacity as interested parties, t• submit to the International Court of Justice all sueh information and documents as may be needed to clarify those questions;

3. Urges the administering Power to postpone the referendum it contemplated holding in Western Sahara until the General A::sembly decides on the p•licy t~ be followed in order to accelerate the decolonization process in the territery, in accordance with resolution 1514 (XV), in the best possible c0nditi~ns, in the light of the advisory opinion to be given by the International C•urt of' Justice_;

4. Reiterates its invitation to all States to •bserve the resolutions of the General Assembly regarding the activities of foreign ec,nomic and financial interests in the Territory and to abstain from contributing by their investmeots or immigration policy tn the maintenance of a colonial situation in the Territory;

5. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to keep the situation in the Terri~cry under review, including the sending of a visiting mission to the Territ~ry, and to report there•n to the General Assembly at its th ,irtieth session.

2318th plenary meeting 13 December 1974

2__/A/PV.2265; A/C.4/SR.2125. 6/ A/PV.2253; A/C.4/SR.2ll7, 2125, 2126 and 2130. "---,f\0 k . ~ UNITED NATIONS Distr. GENERAL LIMITED A/C.4/L.1090 ASSEMBLY 9 December 1974 ENGLISH ORIGINAL: ENGLISH/FRENCH

Twenty-ninth session FOURTHCOMMITTEE Age_nda item 23

.... , . • , •• ~ j ..

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTING OF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

QUESTIONOF SPANISH S.AHARA

Algeria, Bahrain, Burundi, Chad, Democratic Yemen, Egypt~ -- Gabon, Ghana, Guinea, Guinea-Bissau, Iraq, Ivory Coast, Jordan, Kuwait, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Morocco, Niger, Nigeria, Oman, Qatar, Rwanda, Saudi Arabia, Senegal, Somalia, Sudan, Syrian Arab Republic, Tunisia, Uganda, United Arab Emirates, Upper Volta and Yemen: draf't resolution

The General Assembly,

Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Recalling also its resolutions 2072 (XX) of 16 December 1965, 2229 (XXI) ~of 20 December 1966, 2354 (XXII) of 19 December 1967, 2428 (XXIII) of 18 December 1968, 2591 (XXIV) of 16 December 1969, 2711 (XXV) of 14 December 1970, 2983 (XXVII) of 14 December 1972 and 3162 (XXVIII) of 14 December . 1973~

Re.affirming the right to self-determination of the populations of the Spanish Sahara in accordance with its resolution 1514 (XV),

Considering that the persistence of a colonial situation in Western Sahara jeopardizes stability and harmony in the north-west African region,

Taking into accolult the statements made in the General Assembly on 30 September and 2 October 1974, by the Ministers of Foreign Affairs of the Kingdom of Morocco !/ and the Islamic Republic of Mauritania, ~/

"J:_/A/PV.2249, ,Y A/PV.225L

74-35087 I ... UNITED NATIONS Distr. GENERAL GENERAL A/9714 ASSEMBLY 21 August 1974 ENGLISH ORIGINAL: SPANISH

Twenty-ninth session Item 23 of the provisional agenda*

IJ'v1PLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF INDEPENDENCE TO COLONIALCOUNTRIES AND PEOPLES

Letter dated 20 August 1974 from the Permanent Representative of Spain to the United Nations addressed to the Secretary-General

On instructions from my Government, and with reference to the communication I addressed to you on 10 July 1974, I have the honour to inform you that the Spanish Government:

In keeping with its support of the principle of self-determination proclaimed in resolutions 1514 (XV), of 14 December 1973, and 3162 (XXVIII), of 14 December 1973, end in other relevant resoluticns of the United Nations General Assembly on the question of Spanish Sahara,

Having carried out the necessary consultations with representatives of the indigenous population of the Territory with a view to its self-determination,

Announces its decision to adopt the necessary measures to enable the indigenous population of the Sa.hara to exercise its right to self-determination.

To that end:

It will hold a referendum, to be under the auspices of and supervised by the United Nations, during the first six months of 1975 on a date to be fixed sufficiently long in advance;

It will take the necessary measures to ensure that the indigenous inhabitants of the Territory exercise their right of self-determination in conformity with resolution 3162 (XXVIII), of 14 December 1973; and

* A/9700.

74-22356 I ... UNITED NATIONS Distr. GENERAL GENERAL A/9715 ASSEMBLY 21 August 1974 ENGLISH ORIGINAL: FRENCH

Twenty-ninth session Item 23 of the provisional agenda*

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF HIDEPENDEHCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 20 August 1974 from the Acting Charge d'affaires of the Permanent Mission of Mauritania to the United Nations addressed to the Secretary-General

On instructions from my Government, I have the honour to transmit to you herewith the text of a communication addressed to you by the Ministry of Foreign Affairs of the Islamic Republic of Mauritania.

I should be grateful if you would have the text of this communication distributed as a document of the General Assembly.

(Signed) Ismail OULDMOULOUD Charge .d'affaires a.i.

* A/9700.

74-22366 I . .• UNITED NATIONS Distr. GENERAL GENERAL A/9715 ASSEMBLY 21 August 1974 ENGLISH ORIGINAL: FRENCH

Twenty-ninth session Item 23 of the provisional agenda*

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTINGOF HIDEPENDEHCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 20 August 1974 from the Acting Charge d'affaires -of the Permanent Mission of Mauritania to the United Nations addressed to the Secretary-General

I should be grateful if you would have the text of this communication distributed as a document of the General Assembly.

(Signed) Ismail OULDMOULOUD Charge d'affaires a.i.

* A/9700.

74-22366 I . •• UNITED NATIONS Distr. GENERAL GENERAL A/9655 ASSEMBLY 11 July 1974 ENGLISH ORIGINAL: SPANISH

Twenty-ninth session Item 23 of the preliminary list*

IMPLE:MENTATIONOF THE DECLARATIONON THE GRANTING OF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 10 July 1974 from the Permanent Representative of Spain to the United Nations addressed to the Secretary-General

On instructions from my Government, and with reference to our conversation today on the question of Spanish Sahara, I have the honour to inform you of the following:

Last year, in the Fourth Cammittee of the General Assembly at the twenty eighth session, 1/ I announced the reply which my Government had given to the request addressed to it by the Yema'a (a representative General Assembly, which embodies and maintains the traditions and feelings of the Saharan people) that the process effectively permitting a decision on its future should be furthered. At that time, the Spanish Government solemnly proclaimed, as it had done on previous occasions, that the Saharan people, which is the owner of its natural wealth and resources, is sole master of its destiny and no one has the right to frustrate its will, declared that it would defend the liberty and desire for free decision of the Saharan people, and guaranteed the territorial integrity of the Sahara. It also proclaimed that self-determination will take place when the population freely so requests.

Continuing the process which had been initiated, my Government stated that it would institute a system of gradually increasing participation of the Saharan people in the management of its own affairs. The reply of the Head of State to the request from the Yema'a wassupplemented by other solemn undertakings on the part of the Spanish Government.

* A/9600/Rev.l. 1/ See Official Records of the General Assembly, Twenty-eighth Session, Fourth Committee, 2066th meeting.

74-18539 I ... L }'

UNITED NATIONS Distr. GENERAL GENERAL A/9654 9 July 1974 ASSEMBLY ENGLISH ORIGINAL: FRENCH ------'I\,enty-ni~th session Item 23 of the preliminary list*

IMPLEMENTATIONOF THE DECLARATIONON THE GRANTING OF INDEPENDENCE'IO COLONIALCOUNTRIES AND PEOPLES

Letter dated 8 July 1974 from the Permanent Representative of Morocco to the United Nations a1dressed to the Secretary-General

I have the honour to refer, firstly, to the previous decisions of ~he General Assembly of the United Nations on the question of the Sahara under Spanish domination, and, secondly, to the previous conversations and official communications you have had with or from the Minister for Foreign Affairs of the Kingdom of Morocco on the same subject.

In order that you may be kept fully informed of the current trend of events, I h~ve the honour, on instructions from my Government, to communicate to you herewith some additional details and the text of the message which has just been addressed by His Majesty King Hassan II to Generalissimo Franco, Head of the Spanish State.

The Spanish Government is pursuing in this Territory a policy which is decided upon and put into effect unilaterally without any consideration for the true interests of the reo~le. This policy is based on the establishment of such organs as the D,iamaa, or local assembly totally subservient to it, and on the continuation of a process designed to produce faits accomplis which will consolidate the foreign hold over this region, its people and its wealth for a long time to come.

This process has lately been once again accelerated, to the detriment of our fundamental interests and in the absence of any international supervision. The Spanish Government has recently confirmed that the measures which have just been or are being taken are the practical application of the new trend in Spain's colonial policy.

Since the question of the Sahara under Spanish domination is still before the General Assembly of the United Nations, I would request you to circulate the text of this message as an official General Assembly document.

(Signed) Mehdi Mrani ZENTAR Permanent Representative

* A/9600/Rev.l. 74-18409 / · · · A/9654 English Page 2

ANNEX

Text of the message addressed by His Majesty King Hassan II to Generalissimo Franco, Head of the Spanish State

Your Excellency,

The conversation which Mr. Cortina, Minister for Foreign Affairs, had with Our Ambassador to Your Excellency suggests to Us that Spain is about to embark on a new policy in the Sahara under its administration.

We feel obliged to state that, if this should prove to be the case, the consequence would be a profound deterioration in our relations, something that We have always avoided because of Our belief that, between Spain and I1orocco, the imperatives of neighbourliness and the higher interests which we have in common should spare us misunderstandings and clashes.

Any unilateral action undertaken by Spain in Saharan territory would necessarily oblige Us to safeguard Our legitimate rights, Our Government and Ourselves, reserving Our right to act accordingly.

We continue to believe that Your Excellency will be able, once again, in concert with Us, to preserve the age-old friendship between our two countries which constitutes, coth for Spain and for Morocco, a heritage worthy of being the guarantee of our common future.

Accept, Excellency, the assurances of Our highest consideration.

Hassan II King of Morocco UNGTED NATIONS Distr. GENERAL GENERAL A/RES/3162 (XXVIII) ASSEMBLY e 30 January 1974

Twenty-eighth session Agenda item 23

RESOLUTIONADOPTED BY THE GENERALASSEMBLY

[on the report of the Fourth Committee (A/94171/

3162 (XXVIII). Question of Spani~h Sahara

The General Assembly,

~aving examined the chapters of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the Territory of the ~ahara under Spanish domination, l/

Recalling its resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples,

Recalling also the relevant provisions of its resolution 2621 (XXV) of 12 October 1970 containing the programme of action for the full implementation of the Declaration,

Taking into consideration the relevant resolutions adopted by the Assembly of Heads of State and Government of the Organization of African Unity at its tenth ordinary session, held at Addis Ababa from 27 to 29 May 1973, and by the Fourth Conference of Heads of St rrte or Government of Non-Aligned Countries, held at Algiers from 5 to 9 September 1973, '?:_/

Having regard to the decisions of the two summit conferences of Heads of State of the countries concerned relating to the Sahara under Spanish administration,

y A/9023 (Part III), chap. IV; and A/9023/Add.4, chap. XII. £/ A/9330, p. 44.

74-03020 I ... UNITED NATIONS Distr. GENERAL GENERAL A/9176 1 Octobe~ 1973 ASSEMBLY ENGLISH ORIGINAL; SPANISH

Twenty-eighth session Agenda item 23

IMPLEMENTAT~ONOF THEDECLARATION ON THE dRANTING OF INDEPENDENCETO COLONIALCOUNTRIES AND PEOPLES

Letter dated 28 September 1973 from the Permanent Representative of Spain to the United Nations addressed to the ·secretary.--General

In connexion with ite~ 23 of the agenda for the current session of the General Assembly, I have the honour to transmit to you the text of the following documents;

1. Communication dated 20 February 1973 from the General Assembly of the Sahara addrepsed to the .Head of the Spanish State;

2. Acknowledgement of the communication of the General Assembly of the Sahara by the Head of the Spanish State, dated 6 March 1973;

3. Ratification of the communication of 20 February 1973 by the new member~ qf the General Assembly of the Sahara returned in the eleotions of July- 1973;

4. Reply to the communication of the General Assembly of the Sahara by the Head of the Spanish State, dated ?.1 September 1973.

I should be grateful if you would arrange for this note, together with the full text of the communications attached hereto, to be circulated as a General Assembly document.

(Signed) Jaime de PINIES Ambassador, Permanent Representative of Spain to the United Nations

73-19337 I ..•