THE DISPUTED TERRITORY OF WESTERN SAHARA A dissertation submitted by Pablo Sáez in partial fulfilment of the requirements for the Master of Studies in International Relations at IE Business School. Pablo Sáez Herrera Instituto de Empresa University. Leopoldo Calvo-Sotelo, Advisor 13th July 2012 1 Contents Page Introduction 4 Chapter One: Historical and Political Background • Geographical Situation. Society in Western Sahara 4 • Pre-Colonial Period 7 • The Spanish Sahara 9 • War in the Desert 29 • United Nations´ Mediation 30 • Recent developments 35 Chapter Two: Legal Issues • A Vanishing right for Self-Determination? Self-determination Revisited 39 • The Legality of the Madrid Accords 46 • The Nationality of the Sahrawis 50 • The Exploitation of Western Sahara Natural Resources 53 • The New Moroccan Constitution of 2011 58 Conclusion 60 Selected Bibliography 63 2 Acronyms AL Armée de Libération AU African Union BOE Boletín Oficial del Estado CAM Confins Algéro-Marocains CSCE Conference on Security and Cooperation in Europe FAR Forces Armées Royales FLN Front de Libération Nationale FLU Front de Libération et de l’Unité ICJ International Court of Justice MINURSO Misión de las Naciones Unidas para la Organización del Referéndum en el Sáhara Occidental (UN Misión for the Referendum in Western Sahara) MPAIAC Movimiento para la Autodeterminación y la Independencia del Archipiélago Canario (Movement for the Self-Determination and Independence of the Canary Archipelago) NATO North Atlantic Treaty Organization OAU Organisation of African Unity POLISARIO Frente Popular para la Liberación de Saguia el-Hamra y Río de Oro PUNS Partido de la Unión Nacional Saharaui SADR Saharawi Arab Democratic Republic UN United Nations 3 Introduction Western Sahara is Africa’s last colony: An anomaly in international law since a matter of decolonization has been dragging in the international agenda for 37 years. Thomas Franck captured the essence of the conflict that constitutes a vestige from the Cold War: “In the entire four decade history of decolonization of a billion people, there were only 3 exceptions to this rule of decency (Self-determination): New Guinea, East Timor…and the Western Sahara which was occupied by Morocco against the evident wishes of its inhabitants1.” Contrary to East Timor which eventually gained independence in 2002, Western Sahara stands in a deadlock derived from the abandonment by Spain, the former colonial power, the fruitless efforts of the UN and the intransigent positions of both Morocco (integration) and Polisario (independence) that have thwarted all the proposals to settle the issue of the decolonization of Western Sahara. Chapter One: Historical and Political Background Geographical Situation. Society in Western Sahara The Western Sahara is located along 1110 kilometers of the African Atlantic coast. Its surface extends to 266,000 square kilometers, roughly about the size of Great Britain. It borders with Morocco to the north, Algeria to the east and Mauritania to the south. It is one of the least populated countries in the world. The population is estimated around 500000. Its territory consists of flat desert land despite the existence of low mountains in the northeast and the south. 1 Franck, Thomas. “Theory and practice of decolonization in war and Refugees” edited by Richard Lawless and Laila Monahan, 11 New York: Pinter 1987. 4 The desert climate is hot and dry with extreme temperature variations. It presents continental features along the Atlantic coast; rain is rare; cold offshore air currents produce fog and heavy dew. Arable land and crops are practically nonexistent which explains the traditional nomadism of its inhabitants. Its natural resources include iron ore, potash, sand and large phosphate deposits in the region of Bucra. According to the International Trade Center (World Bank) Morocco and the Western Sahara mines managed by the Office Chérifien des Phosphates (OCP) produced 27 million metric tons in 20102. Morocco has become the second largest producer in the world after the US. Moreover, Philip Szczesniak3 points out that two oil companies, Kerr McGee and Total Fina Elf conducted oil research under its seafloor waters and their findings indicate that there seems to be rich reserves of oil and gas off the coasts of Western Sahara. Besides, we cannot forget the rich fisheries whose exploiting rights are also disputed and constitute a top industry in Morocco’s economy. The territory is divided into two regions: Saguia el Hamra in the north, bordering with the former Spanish protectorate of southern Morocco, and Rio de Oro which reaches the Mauritanian border and occupies 2/3 of the territory. Morocco labels Western Sahara as its “southern provinces”. Morocco controls 80% of the territory whereas the rest, separated by 2400 km of defensive sand walls or berms, is under the authority of the Saharwi Arab Democratic Republic (SDAR). Most of the population concentrates in El-Aaiún, the capital and largest city, with 200.000 people. Other important cities are Smara, Dakhla (former Villa Cisneros) and Boujdour. Tough the population is the Saharwis, not all the ethnic Saharwis are Western Saharans. There is a significant population of ethnic Saharwis living in Southern Morocco in the Tarfaya Strip, in Northern Mauritania and Western Algeria. Morocco rejects the idea that the Saharwis constitute an ethno-nationalist group. 2International Trade Centre. http://www.intracen.org/country/morocco/ 3Phiplip Szczesniak: The Mineral industries of Morocco and Western Sahara. US Geological survey Minerals yearbook 2001. 5 Instead, they consider them to be “des morocains comme les autres”, another Moroccan ethnic minority like the Amazigh and Rifeños. War has upset the demographic balance in Western Sahara. At present, Moroccan settlers clearly outnumber the indigenous Saharwi population. Half of the native population lives in refugee camps in Algeria since the Moroccan annexation of the territory in 19764. Saharwis are socially grouped in tribes or confederations that have close cultural affinities with Mauritanians. Among the tribes we distinguish the Erguibat, Izarguien, Ulad Delim, Ulad Tridarim, Tahalat…Tribes have traditionally established relations of dependence and hierarchy5. The deep Arabization of Western Sahara includes two major features: First, the linguistic influence of Arabic deriving in a particular dialect called Hassaniyyah. Second, the adoption of a moderate version of Sunni Islam as the predominant religion. 4 Stephen Zunes & Jacob Mundy, Western Sahara: War, Nationalism and Conflict irresolution, Syracuse, 2010. Introduction, Page XXI. 5Alejandro García, Historia del Sahara y su conflicto, Catarata,2010. Page 11. 6 Figure: Western Sahara, Refugee Camps in Algeria Source: Congress Research Service graphics. Pre-Colonial Period Berber nomad tribes who were converted in the Islam as of Arab expansion in the VIII century firstly inhabited Western Sahara. The area saw the emergence of great empires, which fashioned the current Saharwi identity6. Migrations into the area by Arab Bedouins and Yemeni Maquili settlers were the consequence of the invasion of the short-lived Almoravid Empire, the Almohads and the Merenids (SXI-XIII). As of the fifteenth century Spain drew its attention to Africa once the Reconquista had been accomplished with the capitulation of Granada in 1492. Although Spain had already occupied the Canary Islands at the turn of the XV century, the Portuguese had 6. Stephen Zunes & Jacob Mundy Western Sahara: War, nationalism and conflict irresolution. Syracuse University Press. 2010, page 95-96. 7 launched themselves into a quest to reach Asia sailing along the Atlantic coast of Africa. Spain’s interest in Africa was defensive. The Catholic monarchs´ aim was to prevent another invasion as occurred in 711. In doing so, Spain established garrisons and Spanish settlers in enclaves sited in North Africa: Melilla, Oran and Mazalquivir. On the other hand, the Western Saharan coast became of interest not only to protect the Canary Islands but also for commercial reasons. The first Spanish settlement in the area was founded Santa Cruz de Mar Pequeña7 in 1476. Nevertheless, Spain lost interest in the region when Carlos I crown king of Spain was elected German emperor in 1519.Spain became the greatest power in Europe until 1648 and the master of a vast empire in The Americas for three centuries. The interests of Spain in the Atlantic African coast focused on keeping security for Spanish fishermen against pirates and protecting slave trade. The authority of the Sultan of Morocco in Western Sahara was limited. Morocco just sought to secure the trade routes connecting to Timbuktu and the black kingdoms but there was not an effective occupation of the territory. However, many tribes accepted submission to the authority of the Sultan derived from a pledge of allegiance. “Nemo Potest Exuare Patriam” has predominantly grounded the Moroccan claim on the territory. However, Moroccan Sovereign control was nonexistent beyond the Dra´aRiver. It is clearly asserted in the Treaty of Marrakesh (1767) between Carlos III and the Sultan Mohammed Ben Abdallah8. The Alawi Sultan affirms in the document, article 18: “His majesty warns the inhabitants of the Canaries against any fishing expedition to the coasts of Oued Noun and beyond. He disclaims any responsibility for the way they may be treated since it is not under his authority9…” Furthermore, the Moroccan Sultan Hassan I in 1875 “reiterated to Britain that his influence did not extend to Cap Juby10, where British settlers had established a trade post”. 7John Ruescas, The Western Sahara conundrum. Cambridge University, 2007, page 21. 8János Besenyö, Western Sahara, Publikon, Pecs 2009, page 48. 9 Tony Hodges, The Roots of a desert war, Lawrance Hill & Company, 1983, page 31. 10Stephen Zunes & Jacob Mundy, Western Sahara, OP. Cit., page 99. 8 The Spanish Sahara Spain regained strategic interest in Africa in 1860 when the forces of O´Donnell and Prim carried out a brilliant military campaign defeating the Moroccan army. Spain obtained in the treaty of Tetuan, the region of Villa Bens (also called Cap Juby, Tarfaya Strip or Tekna ) and Ifni.