Udenrigsudvalget 2015-16
URU Alm.del Bilag 166
Offentligt
MOROCCAN INITIATIVE FOR NEGOTIATING
AN AUTONOMY STATUTE FOR THE SAHARA REGION
 URU, Alm.del - 2015-16 - Bilag 166: Henvendelse af 17. marts 2016 fra Dansk Marokkansk Råd om Vestsahara
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MOROCCAN INITIATIVE FOR NEGOTIATING
AN AUTONOMY STATUTE FOR THE SAHARA REGION
I. Morocco’s commitment to a final political solution
1. Since 2004, the Security Council has been regularly calling upon “the
parties
and States of the region to continue to cooperate fully with the United Nations to
end the current impasse and to achieve progress towards a political solution”.
2. Responding to this call by the international community, the Kingdom of Morocco
set a positive, constructive and dynamic process in motion, and pledged to
submit an autonomy proposal for the Sahara, within the framework of the
Kingdom’s sovereignty and national unity.
3. This initiative is part of the endeavors made to build a modern, democratic
society, based on the rule of law, collective and individual freedoms, and
economic and social development. As such, it brings hope for a better future for
the region’s populations, puts an end to separation and exile, and promotes
reconciliation.
4. Through this initiative, the Kingdom of Morocco guarantees to all Sahrawis,
inside as well as outside the territory, that they will hold a privileged position and
play a leading role in the bodies and institutions of the region, without
discrimination or exclusion.
5. Thus, the Sahara populations will themselves run their affairs democratically,
through legislative, executive and judicial bodies enjoying exclusive powers.
They will have the financial resources needed for the region’s development in all
fields, and will take an active part in the nation’s economic, social and cultural
life.
6. The State will keep its powers in the royal domains, especially with respect to
defense, external relations and the constitutional and religious prerogatives of
His Majesty the King.
7. The Moroccan initiative, which is made in an open spirit, aims to set the stage
for dialogue and a negotiation process that would lead to a mutually acceptable
political solution.
8. As the outcome of negotiations, the autonomy statute shall be submitted to the
populations concerned for a referendum, in keeping with the principle of self-
determination and with the provisions of the UN Charter.
9. To this end, Morocco calls on the other parties to avail the opportunity to write a
new chapter in the region’s history. Morocco is ready to take part in serious,
constructive negotiations in the spirit of this initiative, and to contribute to
promoting a climate of trust.
10. To achieve this objective, the Kingdom of Morocco remains willing to cooperate
fully with the UN Secretary-General and his Personal Envoy.
II. Basic elements of the Moroccan proposal
11. The Moroccan autonomy project draws inspiration from the relevant proposals
of the United Nations Organization, and from the constitutional provisions in
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force in countries that are geographically and culturally close to Morocco. It is
based on internationally recognized norms and standards.
A. Powers of the Sahara autonomous Region
12. In keeping with democratic principles and procedures, and acting through
legislative, executive and judicial bodies, the populations of the Sahara
autonomous Region shall exercise powers, within the Region’s territorial
boundaries, mainly over the following:
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Region’s local administration, local police force and jurisdictions;
in the economic sector: economic development, regional planning,
promotion of investment, trade, industry, tourism and agriculture;
Region’s budget and taxation;
infrastruture: water, hydraulic facilities, electricity, public works and
transportation;
in the social sector: housing, education, health, employment, sports, social
welfare and social security;
cultural affairs, including promotion of the Saharan Hassani cultural
heritage;
environment.
13. The Sahara autonomous Region will have the financial resources required for its
development in all areas. Resources will come, in particular, from:
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taxes, duties and regional levies enacted by the Region’s competent
authorities;
proceeds from the exploitation of natural resources allocated to the Region;
the share of proceeds collected by the State from the exploitation of natural
resources located in the Region;
the necessary funds allocated in keeping with the principle of national
solidarity;
proceeds from the Region’s assets.
the attributes of sovereignty, especially the flag, the national anthem and
the currency;
the attributes stemming from the constitutional and religious prerogatives of
the King, as Commander of the Faithful and Guarantor of freedom of
worship and of individual and collective freedoms;
national security, external defense and defense of territorial integrity;
external relations;
the Kingdom’s juridical order.
14. The State shall keep exclusive jurisdiction over the following in particular:
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15. State responsibilities with respect to external relations shall be exercised in
consultation with the Sahara autonomous Region for those matters which have
a direct bearing on the prerogatives of the Region. The Sahara autonomous
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Region may, in consultation with the Government, establish cooperation
relations with foreign Regions to foster inter-regional dialogue and cooperation.
16. The powers of the State in the Sahara autonomous Region, as stipulated in
paragraph 13 above, shall be exercised by a Representative of the Government.
17. Moreover, powers which are not specifically entrusted to a given party shall be
exercised by common agreement, on the basis of the principle of subsidiarity.
18. The populations of the Sahara Autonomous Region shall be represented in
Parliament and in the other national institutions. They shall take part in all
national elections.
B. Bodies of the Region
19. The Parliament of the Sahara autonomous Region shall be made up of
members elected by the various Sahrawi tribes, and of members elected by
direct universal suffrage, by the Region’s population. There shall be adequate
representation of women in the Parliament of the Sahara autonomous Region.
20. Executive authority in the Sahara autonomous Region shall lie with a Head of
Government, to be elected by the regional Parliament. He shall be invested by
the King.
The Head of Government shall be the Representative of the State in the Region.
21. The Head of Government of the Sahara autonomous Region shall form the
Region’s Cabinet and appoint the administrators needed to exercise the powers
devolving upon him, under the present autonomy Statute. He shall be
answerable to the Region’s Parliament.
22. Courts may be set up by the regional Parliament to give rulings on disputes
arising from enforcement of norms enacted by the competent bodies of the
Sahara autonomous Region. These courts shall give their rulings with complete
independence, in the name of the King.
23. As the highest jurisdiction of the Sahara autonomous Region, the high regional
court shall give final decisions regarding the interpretation of the Region’s
legislation, without prejudice to the powers of the Kingdom’s Supreme Court or
Constitutional Council.
24. Laws, regulations and court rulings issued by the bodies of the Sahara
autonomous Region shall be consistent with the Region’s autonomy Statute and
with the Kingdom’s Constitution.
25. The Region’s populations shall enjoy all the guarantees afforded by the
Moroccan Constitution in the area of human rights as they are universally
recognized.
26. An Economic and Social Council shall be set up in the Sahara autonomous
Region. It shall comprise representatives from economic, social, professional
and community groups, as well as highly qualified figures.
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III. Approval and implementation procedure for the autonomy statute
27. The Region’s autonomy statute shall be the subject of negotiations and shall be
submitted to the populations concerned in a free referendum. This referendum
will constitue a free exercise, by these populations, of their right to self-
determination, as per the provisions of international legality, the Charter of the
United Nations and the resolutions of the General Assembly and the Security
Council.
28. To this end, the parties pledge to work jointly and in good faith to foster this
political solution and secure its approval by the Sahara populations.
29. Moreover, the Moroccan Constitution shall be amended and the autonomoy
Statute incorporated into it, in order to guarantee its sustainability and reflect its
special place in the country’s national juridical architecture.
30. The Kingdom of Morocco shall take all the necessary steps to ensure full
integration, into the nation’s fabric, of persons to be repatriated. This will be
done in a manner which preserves their dignity and guarantees their security
and the protection of their property.
31. To this end, the Kingdom of Morocco shall, in particular, declare a blanket
amnesty, precluding any legal proceedings, arrest, detention, imprisonment or
intimidation of any kind, based on facts covered by this amnesty.
32. Once the parties have agreed on the proposed autonomy, a Transitional
Council composed of their representatives shall assist with repatriation,
disarmament, demobilization and reintegration of armed elements who are
outside the territory, as well as with any other action aimed at securing the
approval and implementation of the present Statute, including elections.
33. Just like the international community, the Kingdom of Morocco firmly believes
today that the solution to the Sahara dispute can only come from negotiations.
Accordingly, the proposal it is submitting to the United Nations constitutes a real
opportunity for initiating negotiations with a view to reaching a final solution to
this dispute, in keeping with international legality, and on the basis of
arrangements which are consistent with the goals and principles enshrined in
the United Nations Charter.
34. In this respect, Morocco pledges to negotiate in good faith and in a constructive,
open spirit to reach a final, mutually acceptable political solution to the dispute
plaguing region. To this end, the Kingdom of Morocco is prepared to make a
positive contribution to creating an environment of trust which would contribute
to the successful outcome of this initiative.
35. The Kingdom of Morocco hopes the other parties will appreciate the significance
and scope of this proposal, realize its merit, and make a positive and
constructive contribution to it. The Kingdom of Morocco is of the view that the
momentum created by this initiative offers a historic chance to resolve this issue
once and for all.
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