Dr. Sidi Omar: Western Sahara is a colony according to international law and Morocco a force of illegal occupation

Ambassador Samuel Žbogar
Wed, 09/18/2024 - 13:32

New York (The United Nations) 17 September 2024 (SPS)– Dr. Sidi Mohamed Omar, Member of the National Secretariat and Representative of the Frente POLISARIO at the United Nations, sent a letter to Slovenian Ambassador Samuel Žbogar, President of the UN Security Council for September, addressing Moroccan falsehoods propagated by the Moroccan Representative to the UN regarding the legal status of Western Sahara.

In his letter, Dr. Omar firmly refuted claims made by Morocco’s UN representative, who argued that the conflict on Western Sahara is not a decolonization issue and that that the territory is not recognized by the UN and international community as a colony.

Dr. Omar countered this assertion, emphasizing that Western Sahara has been designated as a Non-Self-Governing Territory by the United Nations since 1963 and remains under illegal occupation by Morocco since 1975 until its people exercise their inalienable right to self-determination as decided by all UN General Assembly’s resolutions.

In this vein, Dr. Omar highlighted the Moroccan representative's omission of the General Assembly’s role from his propagandist argumentation, pointing out that this exclusion reveals a disingenuous attempt to obscure the territory's legal status. He underscored that the General Assembly is the primary UN body competent to classify territories and to determine their decolonization status under Chapter XI of the UN Charter.

Dr. Omar referenced historical context, noting that Spain, pressured by anti-colonial member states, transmitted information about the territory to the UN Secretary-General in 1960 in accordance with Article XI of the UN Charter. The Special Committee on Decolonisation later included Western Sahara on its list of Non-Self-Governing Territories in 1963, a designation that has persisted ever since since the issue is treated every year in this Committee.

The Sahrawi diplomat cited a recent report by the Secretary-General, affirming that Western Sahara continues to be treated as a decolonization issue by both the General Assembly and its relevant committees.

The letter also reiterated the General Assembly’s condemnation of Morocco’s occupation, emphasizing the violation of international law and urging Morocco to cease its actions, as evidenced by General Assembly’s resolution 34/37 of 1979 and UN Security Council’s resolution S/RES/377, adopted on 22 October 1975.

Dr. Omar further mentioned the International Court of Justice's (ICJ) Advisory Opinion from 1975, which found no legal ties of territorial sovereignty between Morocco and Western Sahara.

He noted that both the ICJ and the Security Council have reinforced the notion of self-determination for the Sahrawi people, with the Security Council reaffirming General Assembly’s resolutions that advocate for the people of the territory’s right to self-determination and independence.

In conclusion, Dr. Omar asserted that until the Sahrawi people's right to self-determination is implemented through a democratic consultation of the Sahrawi people, Western Sahara remains a Non-Self-Governing Territory, a status that aligns with international law.

He called for continued international attention to the situation, stressing the need for clarity and truth regarding the status of Western Sahara in the context of ongoing negotiations and human rights concerns. (SPS)

090/500/60 (SPS)

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