Udenrigsudvalget 2015-16
URU Alm.del Bilag 195
Offentligt
1620648_0001.png
AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251-11) 5513 822 Fax : (251-11) 5519 321
Email: [email protected]
PEACE AND SECURITY COUNCIL
588
TH
MEETING
ADDIS ABEBA, ETHIOPIA
6 APRIL 2016
PSC/PR/COMM.(DLXXXVIII)
COMMUNIQUÉ
 URU, Alm.del - 2015-16 - Bilag 195: Kommuniké af 6. april 2016 fra Den Afrikanske Unions Freds- og Sikkerhedsråd om Vestsahara
1620648_0002.png
PSC/PR/COMM.(DLXXXVIII)
Page 1
COMMUNIQUÉ
The Peace and Security Council (PSC) of the African Union (AU), at its 588
th
meeting held on 6
April 2016, adopted the following decision on the situation in Western Sahara:
Council,
1.
Takes note
of the briefing provided by the Commissioner for Peace and Security on the
situation in Western Sahara, of the update provided by the Special Envoy of the Chairperson of
the Commission for Western Sahara, former President Joaquim Chissano of Mozambique.
Council also takes note of the statement made by the Minister for African Affairs of the
Saharawi Arab Democratic Republic (SADR,) as well as by the representatives of Senegal,
Nigeria, South Africa, Egypt, New Zealand, Spain, France, United Kingdom and United States of
America, United Nations (UN), and European Union (EU);
2.
Recalls
its earlier decisions on the situation in Western Sahara, namely Communiqué
PSC/PR/COMM/1.(CDXCVI) and Press Statement PSC/PR/COMM.2(DII) adopted at its 496
th
and
503
rd
meetings held on 27 March and 30 April 2015, respectively.
Also recalls
Communiqué
PSC/AHG/COMM.4(DXLVII) adopted at the 547
th
meeting of the Council held on 26 September
2015, in New York, at the level of Heads of State and Government, in which it urged the UN
Security Council to fully assume its responsibilities, and take all necessary measures to rapidly
resolve the Western Sahara conflict and find an effective response to issues related to respect
for human rights and the illegal exploitation of natural resources of the territory;
3.
Further recalls
decision Assembly/AU/Dec.598(XXVI), adopted by the 26
th
Ordinary
Session of the Assembly of the Union, held in Addis Ababa, from 30 to 31 January 2016,
reiterating AU’s call for the early resolution of the four-decade long conflict in Western Sahara,
in line with international legality, and appealing, once again, to UN Security Council to fully
assume its responsibility in this respect with the view to achieving a fair, lasting and mutually
acceptable political solution, which will provide for the self-determination of the people of
Western Sahara, in the context of arrangements consistent with the UN principles and
purposes, as well as reiterating calls to the UN General Assembly regarding the determination
of a date for the holding of the self-determination referendum for the people of Western
Sahara and protection of the integrity of the Western Sahara as a non-self-governing Territory
from any act, which may undermine it, including the preservation of its natural resources;
4.
Notes with deep concern
that, in spite of the sustained efforts made, including by the
successive Personal Envoys of the UN Secretary-General, no progress has been made in the
search for an effective solution to the conflict in Western Sahara, which has been in a stalemate
for more than four decades;
5.
Commends
the efforts of UN Secretary-General, Mr. Ban Ki-moon, in the search for a
settlement to the conflict in Western Sahara and welcomes his visit undertaken to Western
 URU, Alm.del - 2015-16 - Bilag 195: Kommuniké af 6. april 2016 fra Den Afrikanske Unions Freds- og Sikkerhedsråd om Vestsahara
PSC/PR/COMM.(DLXXXVIII)
Page 2
Sahara and the region, from 2 to 7 March 2016. Council strongly
encourages
the UN Secretary-
General to prevail in his efforts and
reassures
him of full support of the AU;
6.
Condemns strongly
the decision by Morocco to expel 84 international civil servants,
including AU personnel, from the UN Mission for the Referendum in Western Sahara
(MINURSO) and for denying the visit of UN Secretary-General to Rabat, and to Laayoune, capital
city of occupied Western Sahara and MINURSO’s Headquarters, which constitutes a very
dangerous precedent in that it challenges and undermines the mandate of the UN Security
Council in maintaining international peace and security. In this regard, Council
emphasizes
that
the presence and operation of MINURSO in Western Sahara is pursuant to UN Security Council
resolution 690 of 29 April 1991. Furthermore, Council
stresses
that the decision by Morocco
further complicates the current deadlock in the peace process, rekindle tensions in Western
Sahara, and threaten regional security at a time when the international community is mobilizing
to find a solution to the conflict in Western Sahara in accordance with international legality,
including relevant OAU/AU and UN Security Council resolutions;
7.
Calls
on the UN Security Council to fully assume its responsibility in the matter, by acting
under Chapter VII, to demand Morocco to annul its decision to expel MINURSO personnel.
Furthermore, Council
urges
the UN Security Council to reaffirm the full mandate of MINURSO,
including the organization of Referendum for self-determination of the people of Western
Sahara and
stresses the need
for the international community as a whole, to continue to
provide support to the ongoing efforts by UN Secretary-General, Ban-Ki Moon, and his Personal
Envoy, Christopher W. S. Ross, towards materializing the solution to the conflict in accordance
with international legality;
8.
Looks forward
to the renewal of the mandate of MINURSO at the expiration of its
current mandate, on 30 April 2016, as decided by the Security Council in resolution 2218 (2015)
of 28 April 2015. Council
urges
the UN Security Council to take the necessary steps to provide
MINURSO with a human rights mandate, taking into account the need to ensure sustained,
independent and impartial monitoring of human rights in both the Territory and the refugee
camps. In this respect, Council
requests
the High Commissioner for Human Rights to take
appropriate steps in this respect. Council
further reiterates
its request to the African
Commission on Human and Peoples’ Rights (ACHPR) to undertake, as soon as possible, a
mission to Western Sahara and to the refugee camps in Tindouf, to assess the human rights
situation and make recommendations to Council. In this regard, Council
urges
the Government
of Morocco to extend full cooperation to the ACHPR, in particular, by allowing it to access the
Territory;
9.
Notes with deep concern
the acute humanitarian situation in which the people of
Western Sahara are living, the violation of human rights and the continuous illegal exploitation
of the territory’s natural resources, regardless of the relevant multiple opinions and decisions
of the AU, as well as of international and regional organizations, on the matter;
 URU, Alm.del - 2015-16 - Bilag 195: Kommuniké af 6. april 2016 fra Den Afrikanske Unions Freds- og Sikkerhedsråd om Vestsahara
PSC/PR/COMM.(DLXXXVIII)
Page 3
10.
Commends
the EU Court of Justice for its recent ruling issued on 10 December 2015,
annulling the trade deal in agricultural and fisheries products, concluded in March 2012,
between the Kingdom of Morocco and the EU, due to its inclusion of Western Sahara and calls
upon all concerned to respect the Court’s ruling and desist from entering into any agreement
that would violate the Sahrawi people’s permanent sovereignty over their natural resources;
11.
Reiterates
its decision PSC/PR/COMM/1.(CDXCVI) it adopted at its 496
th
meeting held
on 27 March 2015, to establish an International Contact Group for Western Sahara (ICG-WS), in
order to keep the issue on the international agenda and to mobilize the necessary support for
the early resolution of the conflict, as well as to reactivate the Ad hoc Committee of Heads of
State and Government on the conflict in Western Sahara, established pursuant to resolution
AHG/Res.92(XV), adopted at the 15
th
Ordinary Session of the Assembly of Heads of State and
Government of the OAU, held in Khartoum, Sudan, from 18 to 22 July 1978. Council
renews its
call
in regard, to the Chairperson of the Commission to undertake the necessary consultations
to this end as well as to urgently undertake the necessary consultations for the finalization of
the composition and the operationalization of the Ad hoc Committee;
12.
Also reiterates
paragraph 24 of decision Assembly/AU/Dec.598(XXVI), adopted by the
th
26 Ordinary Session of the Assembly of the Union, which requests the African members of the
UN Security Council (A3), to work with the Commission, including the AU Permanent Observer
Mission to the UN, to present reports, through the PSC, to the Assembly of the Union, on their
efforts within the UN Security Council and the extent to which they managed to promote
African positions as articulated by the Council and further requests the Council to provide
timely guidance to the A3 to facilitate consistency in the promotion and defense of African
positions on issues of concern to the continent. In this regard, Council
urges
the A3 to comply
with the Assembly of the Union and the Council decisions in their activities within the UN
Security Council;
13.
Also reiterates
the AU’s commitment to continue to work towards the early resolution
of the conflict in Western Sahara on the basis of international legality and relevant OAU/AU’s
decisions, and to cooperate closely with the UN. In this respect, Council
encourages
the
Chairperson of the Commission to pursue and intensify her efforts, including through her AU
Special Envoy for Western Sahara for Western Sahara, former President Joaquim Chissano of
Mozambique, towards effective follow-up of the relevant provisions of this communiqué. In
particular, Council:
(i)
Requests
the AU Special Envoy for Western Sahara for Western Sahara to urgently
undertake consultation mission to the UN Secretariat in order to reiterate the AU
position and to be informed on the latest developments with regard to the UN
engagements to overcome the impasse in the peace process as well as the operational
situation of MINURSO, whose mandate expires on 30 April 2016; and
 URU, Alm.del - 2015-16 - Bilag 195: Kommuniké af 6. april 2016 fra Den Afrikanske Unions Freds- og Sikkerhedsråd om Vestsahara
PSC/PR/COMM.(DLXXXVIII)
Page 4
(ii)
Also requests
the UN Security Council and all its members to facilitate the AU Special
Envoy for Western Sahara’s mission to New York, including granting to him audience to
address the UN Security Council during its forthcoming meeting on Western Sahara;
14.
Looks forward
to its 10
th
Annual Joint Consultative meeting with the UN Security
Council, in May 2016, and stresses the need to use the opportunity of the meeting to discuss,
among others, the issue of Western Sahara;
15.
Also looks forward
with great interest to the holding in Geneva of the Donors’
Conference on Saharawi refugees and
expresses its full support
to the UN Secretary-General
efforts aiming to ensure its early organization and success, to meet the needs and expectations
of the Saharawi refugees;
16.
Welcomes
the forthcoming Saharawi High Level Solidarity Seminar and Photo Exhibition
to be hosted by the AU Commission and OXFAM, from 25 to 28 April 2016, at the AU
Headquarters under the theme “40 Faces, 40 Years - A lifetime in Exile”, aimed at highlighting
the humanitarian socio-economic and human rights tragedy of the Saharawi’s living in exile, on
the occasion of the 40 year anniversary;
17.
Requests
the Chairperson of the Commission to forward the present communiqué to
the two Parties, namely the POLISARIO Front and the Kingdom of Morocco for their information
and action as appropriate. Council
further requests
the Chairperson of the Commission to
transmit the communiqué to the UN Secretary-General and to request that it be circulated as
an official UN Security Council document for its forthcoming meeting on Western Sahara, as
well as to other relevant international stakeholders;
18.
Decides
to remain actively seized of the matter.