The mentioning of the Western Sahara conflict in a recent blog on the IIP website led to an intense and constructive dialogue with the Moroccan ambassador in Vienna about the best way to solve this conflict. This dialogue leads now to these two contributions, where we both plead for a peaceful solution based on an extended autonomy for the Western Sahara region.
By Azzeddine Farhane, Ambassador of the Kingdom of Morocco to Austria and Ambassador Permanent Representative to United Nations Office and International Organizations in Vienna
Regionalization, Deconcentration, Decentralization and globally territorial autonomy are today’s global trend for the public interest of democratic way of governance. They are innovatives modes of territorial governance, which grant a country’s regions or provinces the powers to manage their own affairs democratically. They are applied anywhere, from the West to East, from the developed to the developing countries, from the most centralized regimes to the highly democratized countries in the world. [1]
Indeed, territorial autonomy is considered to be an appropriate mechanism to settle disputes and conflicts between the central power and different regions. In other words, autonomy is a mechanism of vertical power sharing to solve conflict, to decentralize state power and to accommodate the regional identity. Today, around 58 regions or other sub-state entities can be qualified as modern systems of territorial autonomy according to criteria of definition based on democracy and rule of law. [2]
Within this context, the Kingdom of Morocco submitted to United Nations Secretary general on 11th April 2007 its proposal entitled “Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region” as a realistic and compromise solution, based on an extended territorial autonomy for the Sahara region while preserving the sovereignty of Morocco and the unity of the State.
The purpose of this research paper is to sum up, firstly, the background, the philosophy, the rationale, the main content of the Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region and, secondly, to demonstrate how Morocco’s initiative is likely to be successful within the current development in “the world of autonomous territories” with some lessons derived from the successful case of the south Tyrol.
Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region: Background and genesis
Since 2004, the United Nations Security Council, while addressing the regional dispute over the Sahara has been regularly called upon, “all the parties and States of the region to cooperate fully with the United Nations to end the current impasse and to achieve progress towards a political solution.”, given the impossibility to implement previous proposals for resolving this regional dispute.
Responding to these calls, the Kingdom of Morocco engaged in a positive, constructive and dynamic process, and pledged to submit an autonomy initiative for the Sahara region, within the framework of the Kingdom's sovereignty and national unity.
In this regard, the Kingdom of Morocco has constantly and earnestly supported United Nations efforts to reach a political and realistic solution, based on the compromise and has been working with determination and in good faith to reach a settlement on the regional dispute over the historically Moroccan Sahara, while keeping in mind the best interest of all the people of the five (5) Maghreb States, and the security and stability in the Maghreb region.
Within this dynamic, Morocco submitted to United Nations, on April 11th 2007, its proposal entitled the “Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region” as a responsible and constructive answer to the resolutions adopted by the Security Council since 2004 aiming to achieving progress towards a political solution, as wished and sought by the International Community.
Moroccan autonomy Proposal for the Sahara region: Philosophy and Rationale
Morocco’s autonomy was never a Government decree. It stems from a process of participatory and inclusive consultations initiated by His Majesty king Mohammed VI on local, national and international levels.
At the national level, consultations involved all Moroccan political parties. In his speech on November 6th 2005, His Majesty the king called upon all Moroccan political parties, in view of the key role they play in major national matters, to say how in practical terms they contemplated autonomy under the kingdom’s sovereignty with the aim of fine tuning the proposal Morocco intended to submit. Following this call, all the political parties submitted their views and suggestions on the autonomy project.
At the local level, consultations were initiated with the populations well as regional and local elected representatives of the Sahara. What sets the projects apart is that the sons of the Sahara were allowed to make positive contributions to its drafting through the Royal Advisory Council for Saharan Affairs, a body created to ensure representativeness, tribal balance, the inclusion of new elites and civil society, as well as through the involvement of women and youth.
At the international level, Morocco’s autonomy project also benefited greatly from the consultations organized by Morocco with the capitals of influential foreign countries which welcomed Morocco’s efforts to find a compromise solution. A high-level Moroccan delegation visited the capitals of the States members of the United Nations Security Council, the countries of the region as well as influential countries on other continents.
Therefore, besides this international legitimacy, Morocco’s Autonomy Initiative was left to mature and was totally endorsed at the local, national and international levels. The main engine of that proposal was the fact that it contains a consensual solution that could allow for a democratic settlement of the dispute over the Sahara once and for all.
Accordingly, The Moroccan autonomy initiative draws inspiration from the relevant proposals of the United Nations Organization and from the constitutional provisions in force in countries that are geographically and culturally close to Morocco and relies on internationally recognized norms and standards. [3]
This initiative is a part of the endeavours made to build a modern, democratic society, based on the rule of law, collective and individual freedoms, as well as economic and social development. As such, it brings hope for a better future for the region's population, pushes towards an end to separation and exile, and promotes reconciliation.
Through this realistic and compromise initiative, the Kingdom of Morocco guarantees to the population of the Sahara region, inside as well as outside of this region, that their positions and roles in the bodies and institutions of the region, will be upheld without discrimination nor exclusion.
Therefore, the population of the autonomous Sahara region will run their affairs democratically, through legislative, executive and judicial bodies, enjoying exclusive powers. Indeed, they will have the financial resources needed for the region's development in all fields while taking an active part in the nation's economic, social and cultural life.
Realizing the generous offer that constitutes a realistic basis for negotiations of the Moroccan initiative, the international community and United Nations Security Council supported it and welcomed serious and credible efforts of Morocco to move the process forward towards the resolution of this regional dispute in its 17 consecutive resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), 1979 (2011), 2044 (2012), 2099 (2013), 2152 (2014), 2218 (2015), 2285 (2016), 2351 (2017), 2414 (2018), 2440 (2018), 2468 (2019), 2494 (2019) and 2548(2020). Moreover, the last UN Security Council S/RES/2548 [4] reiterated that no political process is possible without the effective and constructive involvement of neighbouring countries in the negotiation process to achieve progress toward a “realistic, practicable and enduring political solution political solution of this regional dispute based on the compromise”.
Moroccan Autonomy initiative: Main elements of the autonomy package
The autonomous Sahara region would then be tasked with creating and managing its own instances to define and raise taxes, decide on its budgets while using funds from the national framework on top of its income through national solidarity. [5]
Representatives shall also represent, in the national parliament, the population of the region, and have their voices heard in national affairs, thus further strengthening the inclusion of the region inside the Kingdom.
The autonomous Sahara region would enjoy full competence over the collection of taxes, duties and regional contributions as well as its own income as generated through the exploitation of natural resources and through the promotion of tourism and the region’s heritage. Meanwhile, the region’s local administration, police force as well as all common facilities and necessities would also be managed by the region’s governance instances. This includes the management of sectors of water, energy, public works, transportation, housing, education, health, employment, sports, and social welfare but also cultural affairs and environmental issues.
The high regional court, as the highest judiciary body of the Sahara Autonomous Region, 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
The Kingdom of Morocco will keep its powers in the sovereignty fields, particularly with respect to defence, external relations, national emblems such as the flag and national anthem, national security and external defence as well as the constitutional and religious prerogatives of His Majesty the King.
Therefore, the Sahara Region's autonomy statute shall be subject to negotiations and shall be submitted to the concerned populations for a consultative referendum. [6] This consultation will constitute in line of the article 27 of the Moroccan autonomy initiative, 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 UN Security Council and General Assembly, such as resolution 2625 (1970) which stipulates that the emergence into a political status freely determined by a people constitutes a real mode of exercising the right to self-determination through negotiation and compromise.
Moreover, the Moroccan Constitution shall be amended and the autonomy Statute incorporated into it, in order to guarantee its sustainability and reflect its special place in the country’s national juridical architecture.
Accordingly, this degree of autonomy is one among the ones going furthest as far as UN history is concerned and aims to give the region full control of what really affects the daily lives of the citizen, giving them a large degree of freedom in their choices and encourage them to lead a peaceful, prosperous and engaging life.
By proposing this autonomy plan, Morocco firmly believes that this initiative will serve as a sound basis for negotiations towards achieving a negotiated political solution to the long-standing dispute over the Sahara region and an enhanced cooperation between the five (5) States of the Maghreb Arab Union will contribute, in fine, to the stability and security in the whole Maghreb Arab and the Sahelo- Sahara space.
By Hannes Swoboda, President of the International Institute for Peace (IIP) and former MEP
Learning form South Tyrol
During my long stay in the European Parliament, I was often confronted with this conflict. On invitation of the representative of the Polisario (the Western Sahara movement fighting for independence of that region) in Brussels, I visited a refugee camps of the Sahaouris in Algeria near Tindouf, just across the border to Morocco. I saw the efficiency of the camp administration. Nevertheless, I also witnessed the hopelessness of the people and the impossibility to give these refugees a perspective of a permanent home with jobs and decent incomes. I recognized that it was impossible to find an agreement on the proposed referendum. This led me to think about an autonomy status for the Western Sahara inside Morocco - with international support. Even if this would meet with disappointment of those who invited me, I plead with strong convictions to negotiate about an autonomy solution.
As an Austrian I immediately had something similar to a ”South Tyrol Solution“ on my mind. After World War I the predominantly German speaking area south of the Brenner mountain pass was given to Italy. The northern and eastern part of Tyrol stayed with Austria. Some people thought the German nationalist and dictator Adolf Hitler would help the German speaking community and “return” it to Austria or rather to Germany as Austria was annexed by Nazi Germany. Instead, the alliance with fascist Italy was more important for Hitler than solidarity with the German speaking and former Austrian citizens
After World War II the issue became virulent again. Italy rejected outside interference and the issue was brought to the UN by the Austrian government. In the framework of new European thinking, direct talks between the Austrian and Italian government could finally reach an agreement on an extended autonomy. Of course, the European integration process which brought Austria 1995 into the European Union, which was co-founded by Italy, created an additional argument for staying under Italian rule with an extended autonomy.
All cases of regional autonomy and the way to reach it are different, there is no model no template. If the dispute is between two states about “ownership” or if it is about granting self-determination, autonomy is in any case a very promising possibility to solve such conflicts. Too many people have been killed and too many people lost opportunities in futile civil wars and while staying in refugee camps. Therefore, all conflict parties should seriously consider to find an agreement on autonomy instead of continuing futile fights with additional victims. Such a negotiation process is not easy as the two sides will start with different perceptions about what autonomy should mean.
As there are different forms of autonomy - and South Tyrol is only one of many examples - the negotiating parties must produce a new “Special Example” - this does not mean one cannot learn from successful examples and South Tyrol certainly is one. But it needs also constructive neighbors and a supportive regional environment. The reduction and finally elimination of borders inside Europe was very helpful for the implementation of an autonomous region in Italy.
There is no discussion about a Maghreb Union equivalent to the European Union. Nevertheless, in the case of the Western Sahara, a new and transparent border regime between Morocco and Algeria could help to establish an autonomous region inside Morocco and create a dynamic Maghreb Union. The closed border between Algeria and Morocco is grotesque and detrimental to the development of the region. It would benefit all countries in the region if the Western Sahara conflict would no longer stay in the way of a fruitful cooperation between these two Maghreb countries. Such cooperation would also be of benefit for the Sahaouris. They could be an element of connection instead of an element of separation and division - as it is with South Tyrol today for Austria and Italy.
Conflicts about interpretation and implementation of the autonomy status will not disappear overnight, but with a constructive dispute settlement mechanism they can be solved without arms and bloodshed.
[1]Cf. Forward of H.E Ambassador Azzeddine FARHANE of the book on international seminar “Administrative Decentralization: Sharing Experiences between Morocco and Vietnam” Organized jointly by the Embassy of the Kingdom of Morocco in Hanoi and the School of Law, VNU Hanoi, November 14th,2017 (http://moroccoembassy.vn/FileUpload/Documents/E-book%20seminar%20on%20decentralziation.pdf)
-Mathur, Kuldeep, “Administration Decentralized in Asia”, in Cheemas Roudinelli (ed) Decentralized and Development, Sage, London, 1983.
-Stacey White, Government Decentralization in the 21st century, Report of the CICS, Program on Crisis, Conflict and Cooperation, CICS December 20115.
-Tulia G. Falleti, A Sequential Theory of Decentralization: Latin American Cases in Comparative Perspective, University of Pennsylvania, American Political Science Review Vol. 99, No. 3 August 2005
[2]Cf.Thomas Benedikter(2010) the world’s Modern Autonomy, EURAC Bozen(download from Internet),and Thomas Benedikter(ed.,2009)Solving Ethnic Conflict through Self-Governoment,EURAC Bozen(download from Internet).
[3]Cf. Dr Anne Mandeville “Can autonomy fulfil the right to self -determination?”, Geneva Papers Center, Geneva Center for Security Policy,2009
Weller, Mark and Metzger, Barbara(eds.) (2008), Settling Self -determination Disputes: Complex Power-Sharing in Theory and Practices, Amsterdam, Nijhoff
[4]Cf. resolution S/RES/2548 adopted on 30october 2020
[5]Cf.Morocco autonomy proposal: “Moroccan initiative for negotiating an autonomy statute for the Sahara region” notified officially to UNSC (S/2007/206) on 13 April 2007
[6]Cf. Article 27 of Morocco autonomy proposal submitted officially to UNSC (S/2007/206) on 13 April 2007: “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 constitute 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”
MOROCCAN INITIATIVE FOR NEGOTIATING AN AUTONOMY STATUTE FOR THE SAHARA REGION (German Version)
Azzeddine FARHANE is the Ambassador of Morocco to Austria, Slovakia and Slovenia and Permanent Representative to international organizations in Vienna, since July 2019. He served as Ambassador to Viet Nam, Deputy Permanent Representative in Geneva, and Counsellor at the Moroccan Embassy in The Hague, Netherlands. At Morocco’s Ministry of Foreign Affairs, his assignments included General Director of the United Nations and International Organizations Department and Head of Human Rights and Humanitarian Issues Unit. He also served from 2012 to 2016 as Morocco Sherpa for Nuclear Security Summits (NSS) held in Washington (2016), The Hague (2014) and Seoul (2012). He is currently the President of the 64th Session of the General Conference of IAEA.
Hannes Swoboda, President of the International Institute for Peace (IP), started his career in urban politics in Vienna and was elected member of the European Parliament in 1996. He was Vice President of the Social Democrat Group until 2012 und then President until 2014. He was particularly engaged in foreign, enlargement, and neighborhood policies. Swoboda is also President of the Vienna Institute for International Economics, the Centre of Architecture, the University for Applied Science - Campus Vienna, and the Sir Peter Ustinov Institute.