I. Western Sahara is a United Nations-listed decolonization issue, and its people, the Sahrawi people, have an inalienable right to self-determination and independence

1.Since including Western Sahara on its list of Non-Self-Governing Territories in 1963, the General Assembly and its subsidiary bodies have consistently addressed Western Sahara within the scope of Chapter XI of the Charter of the United Nations, recognizing the inalienable right of the Sahrawi people to self-determination and independence in accordance with General Assembly resolution 1514 (XV), containing the Declaration on the Granting of Independence to Colonial Countries and Peoples.

2. In its landmark Advisory Opinion on Western Sahara, dated 16 October 1975, the International Court of Justice, the principal judicial organ of the United Nations, concluded that there had never been any tie of territorial sovereignty between Western Sahara and the Kingdom of Morocco. The Court also endorsed the application of General Assembly resolution 1514 (XV) in the decolonization of Western Sahara through the free and genuine expression of the will of the people of the Territory.

II. Morocco does not exercise any sovereignty over Western Sahara and its presence in the Territory is an illegal, forcible occupation in violation of the Charter of the United Nations and international law

3. In defiance of the International Court of Justice ruling, and contrary to its earlier commitment to the right of the Sahrawi people to self-determination, Morocco invaded militarily Western Sahara on 31 October 1975 in violation of the Charters of the United Nations and the Organization of African Unity (OAU) and their relevant resolutions on Western Sahara.

4. The United Nations and all international and regional organizations and courts have never recognized the “legitimacy” of Morocco’s illegal occupation of Western Sahara. More precisely, in operative paragraphs of its resolutions 34/37 of 21 November 1979 and 35/19 of 11 November 1980, the United Nations General Assembly deeply deplored the aggravation of the situation resulting from “the continued occupation of Western Sahara by Morocco”.

5. The Legal Opinion issued on 29 January 2002 by the United Nations Under-Secretary-General for Legal Affairs and Legal Counsel, at the request of the Security Council, established that the “Madrid Agreement” did not transfer sovereignty over the Territory, nor did it alter the international status of Western Sahara as a Non-Self-Governing Territory.

6. Moreover, in its judgment of 21 December 2016, the Court of Justice of the European Union recognized “the separate and distinct status” accorded to Western Sahara by virtue of the principle of self-determination in relation to that of any State, including Morocco. This principle was reiterated in the Court’s subsequent rulings, including its decisions issued on 4 October 2024, which reaffirmed the illegality of European Union-Morocco agreements involving Western Sahara because they were concluded in violation of the right of the Sahrawi people to self-determination.

7. For its part, in its judgment dated 22 September 2022, the African Court on Human and Peoples’ Rights stressed that the continued occupation of the Sahrawi Republic (SADR) by Morocco was incompatible with the right to self-determination of the Sahrawi people as enshrined in the African Charter on Human and Peoples’ Rights.

8. The above facts, among others, confirm that Morocco does not exercise any sovereignty over Western Sahara and that its presence in the Territory is an illegal, forcible occupation in violation of the Charter of the United Nations and the core principle of the inadmissibility of acquisition of territories by force.

III. The United Nations-Organization of African Unity Settlement Plan is a practical compromise and the only agreement mutually accepted by both parties and unanimously approved by the Security Council

9. Following almost two decades of a war of aggression unleashed by Morocco against the Sahrawi people, which caused much suffering and destruction, the United Nations and the then-OAU obtained the formal acceptance by the two parties, the Frente POLISARIO and Morocco, of a Settlement Plan that was unanimously approved by the Security Council in its resolutions 658 (1990) and 690 (1991). It was on this basis that the Security Council established, under its authority, the United Nations Mission for the Referendum in Western Sahara (MINURSO).

10. As affirmed then by the United Nations Secretary-General and the Chair of OAU, the Settlement Plan and the referendum envisaged therein constituted a compromise-based, practical and reasonable basis for completing the decolonization of Western Sahara. Morocco officially accepted the Settlement Plan and committed itself to respecting the results of the referendum on self-determination for the Sahrawi people.

11. The Frente POLISARIO has made every possible concession with a view to advancing the implementation of the Settlement Plan and related agreements. It remains fully committed to the mandate of MINURSO and to respecting the will of the Sahrawi people expressed freely in a referendum on self-determination organized and supervised by the United Nations.

IV. Countries committed to upholding the Charter of the United Nations and international law must no longer tolerate Morocco’s attempts to forcibly impose a fait accompli in Occupied Western Sahara

12. Morocco has repeatedly failed to honour its commitments before the United Nations and the international community. It has not only impeded the self-determination referendum provided for in the Settlement Plan, which it had formally accepted, but it has also gone as far as violating and torpedoing the United Nations-supervised ceasefire of 1991 when its military forces invaded and occupied more of the Sahrawi land on 13 November 2020, triggering a new war in the region.

13. Morocco also continues to involve third parties in Occupied Western Sahara through so-called “diplomatic” declarations and transactional arrangements, among others, in its attempt to forcibly impose a fait accompli in the Territory. In this regard, Morocco’s attempts to gather support for its colonialist “proposal” of 2007 represent the latest evolution in a sustained campaign by the occupying state to frustrate the decolonization process in Western Sahara and deny its people their internationally recognized right to self-determination.

14. Self-respecting countries that are genuinely committed to upholding the core principles of the Charter of the United Nations and international law can never accept, let alone “hail” or “endorse”, this colonialist “proposal” that goes against everything that the United Nations stands for. Moreover, States Members of the United Nations have an erga omnes obligation not to engage in any act or in any form of assistance that may have the effect of consolidating Morocco’s illegal annexation of Western Sahara, which is a serious breach of cardinal rules of international law, including the prohibition on acquisition of territory by force.

V. The Sahrawi Republic (SADR), a founding member of the African Union, is a pivotal element of equilibrium in the region and a staunch defender of the African Union founding principles

15. The proclamation of the Sahrawi Republic (SADR) on 27 February 1976 was the practical embodiment of the legitimate national aspiration of the Sahrawi people for independence and statehood. Almost five decades of national liberation struggle and state-building have made the SADR, a founding member of the African Union, an irreversible national, regional and international reality. The SADR is a pivotal element of equilibrium in the region, as well as a staunch defender of the African Union founding principles, including respect for borders existing on achievement of independence, which constitutes a major pillar of peace and stability in Africa.

16. In this regard, the SADR is committed to the implementation of OAU/African Union decisions on Western Sahara, including the decision of the 2020 African Union Summit on “Silencing the Guns in Africa”, with a view to achieving a peaceful and enduring solution to the conflict between the SADR and the Kingdom of Morocco, the two African Union member States, in line with the relevant African Union-United Nations decisions and resolutions and the objectives and principles of the African Union Constitutive Act.

VI. The Frente POLISARIO is committed to a peaceful, just and lasting solution in line with international law and to delivering on the guarantees outlined in its 2007 proposal

17. Finding a peaceful, just and lasting solution to the question of Western Sahara in line with the relevant principles of international law is not only urgent but also possible if there is a genuine political will to move away from unilaterally imposed solutions and have a sincere willingness to work together to build a common future based on mutual respect, good neighbourly relations and cooperation.

18. In this context, the Frente POLISARIO is committed to delivering on the guarantees outlined in its proposal, known as the “Proposal of the Frente POLISARIO for a mutually acceptable political solution that provides for the self-determination of the people of Western Sahara”, presented to the United Nations Secretary-General on 10 April 2007, of which the Security Council has since taken note in its successive resolutions. The proposal is a great concession and a generous offer to achieve a peaceful and lasting solution and restore peace and stability in the region.

19. In this spirit, should the self-determination referendum lead to independence, the Sahrawi State undertakes to devote all possible energies to establishing normal and future-oriented relations with its northern neighbour, free from animosity and grievances of the past and based on mutual respect for the independence, sovereignty and territorial integrity of both countries. The Sahrawi State is further willing to offer Morocco specific guarantees in economic and social domains based on the reciprocity of benefits and the interests of both parties, as well as an outstretched hand for cooperation to meet the challenges to regional stability and security along with other regional partners and international actors.

VII. The right of the Sahrawi people to self-determination is inalienable and imprescriptible, and the free exercise of this right is the only viable path to a peaceful, just and lasting solution

20. The right of the people of Western Sahara to self-determination is inalienable and imprescriptible and has been recognized in numerous resolutions by the General Assembly and the Security Council. The essence of the right to self-determination is free choice. Any approach that would undermine the free choice of the Sahrawi people or predetermine the outcome of their choice would thus be inconsistent with the right to self-determination under international law and relevant United Nations resolutions.

21. Moreover, any “plan” or “proposal” that takes as its starting point the so-called “existing political realities” in the Territory is fraught with danger because it would reward Morocco for illegally using force to occupy Western Sahara, a United Nations-listed Non-Self-Governing Territory. This would also send a dangerous message that expansionism and the use of unlawful force can be rewarded and, as such, it would set a very dangerous precedent in Africa and elsewhere.

VIII. Ending 50 years of Morocco’s occupation is a litmus test of the credibility of the United Nations and the international community and their commitment to a rules-based international order

22. In October this year, 50 years will have elapsed since Morocco occupied and forcibly annexed Western Sahara. Morocco’s aggression has constituted a clear denial of the right of the Sahrawi people to self-determination and an enduring violation of fundamental norms of international law. Putting an end to 50 years of military occupation, oppression and denial of basic human rights in Western Sahara is therefore a litmus test of the credibility of the United Nations and the international community and their commitment to a rules-based international order.

23. Morocco’s misguided belief that it can forcibly impose its will on the Sahrawi people, through its schemes and fait-accompli policies, must no longer be tolerated. This is not a time for complacency and inaction, but a time for action and taking a firm stand in defence of the basic principles of international law, peace and justice. This is the time to exert every effort possible to empower MINURSO to fully implement its mandate and enable the people of Western Sahara to exercise their inalienable right to self-determination and independence by means of a free, fair and United Nations-supervised referendum. This is the only viable path to just and sustainable peace in North Africa.