RFK Center and CODESA Call on UN Secretary General to Establish Human Rights Mechanism in Western Sahara | Robert F. Kennedy Center for Justice & Human Rights

RFK CENTER AND CODESA CALL ON UN SECRETARY GENERAL TO ESTABLISH HUMAN RIGHTS MECHANISM IN WESTERN SAHARA

3/31/2011

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In anticipation of the Security Council review of the mandate of the United Nations Mission on the Referendum in Western Sahara, the RFK Center and 2008 Laureate Aminatou Haidar, President of the Collective of Sahrawi Human Rights Defenders (CODESA), sent the letter below to Secretary General Ban Ki-Moon on March 31, 2011. The letter calls upon the Secretary General to recommend the establishment of an international, permanent, and impartial human rights monitoring and reporting mechanism in Western Sahara and in the refugee camps near Tindouf, Algeria, in the upcoming report on the situation.

March 31, 2011

His Excellency Ban Ki-Moon
Secretary-General
United Nations
Secretariat Building, Room S-3800
New York, NY 10017

Your Excellency:

As your good offices prepare the Secretary General report on Western Sahara to be considered during the Security Council review of the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO), on behalf of the Robert F. Kennedy Center for Justice and Human Rights (RFK Center) and the Collective of Sahrawi Human Rights Defenders (CODESA), we respectfully call upon you to recommend an international human rights monitoring mechanism be established in Western Sahara and in the Sahrawi refugee camps in Tindouf, Algeria.

Since 1975, the Moroccan government has occupied the territory of Western Sahara. MINURSO was established in 1991 to oversee a cease-fire between Morocco and the Polisario Front, and to implement a referendum on self-determination, which has not yet taken place. The uncertain political situation in the territory, coupled with the lack of an impartial international human rights monitoring and reporting body, has had dire consequences on the rights of the Sahrawi people.

Last October, thousands of Sahrawis set up a protest camp at Gdaim Izik, outside occupied El Aaiun calling for economic and social reforms. Moroccan government forces brutally dismantled the camp on November 8, 2010, resulting in violent exchanges on both sides. Meanwhile, no progress has been made on the protesters’ demands. In January 2011, a delegation from the RFK Center, hosted by CODESA in El Aaiun, heard consistent and troubling statements that reinforced reports of several forms of abuse in the wake of the dismantling of the Gdaim Izik camp.

During the visit, the RFK Center found evidence of arbitrary arrests and detention, excessive use of force, and a climate of repression pervasive in Western Sahara. Our findings demonstrate the urgent need for the establishment of a continuing, neutral, international presence to monitor the human rights situation, and we respectfully request that you take this into consideration as you draft your report in anticipation of MINURSO’s mandate renewal this April. The RFK Center’s full report can be found here:

http://rfkcenter.org/westernsaharareport.

In your 2005 report on the situation concerning Western Sahara, you stated your preoccupations with the allegations of human rights abuses made by the parties, both in the Territory and in the Tindouf area refugee camps. This report expressed that while MINURSO has neither the mandate nor the resources to address this issue, the United Nations, as an organization, is dedicated to upholding international human rights standards.¹ Since then, in every report to date regarding Western Sahara, you have reiterated that the United Nation is dedicated to upholding international human rights standards.² It is essential that the United Nations take necessary actions to follow through with these principles in order to protect the rights of the Sahrawi people. The establishment of an international, constant, impartial human rights monitoring and reporting mechanism in Western Sahara and the camps near Tindouf, Algeria would also help de-politicize the issue of human rights in the region.

MINURSO’s present mandate states that the general principles of United Nations peace-keeping operations will apply. The United Nations Department of Peacekeeping Operations (DPKO) identifies respect for human rights as a critical component for achieving sustainable peace integral to its operations. However, MINURSO is not mandated to intervene and protect human rights in the Territory or the refugee camps in Tindouf, Algeria, nor does it have access to rule of law institutions. MINURSO operates as the only contemporary UN peacekeeping mission without a human rights component, contrary to general principles of the DPKO.

As the mandate of MINURSO is up for renewal this April, your leadership is necessary to ensure protection of human rights and the rule of law for the Sahrawi people. We call upon you to recommend the establishment of an international, permanent, impartial, human rights monitoring and reporting mechanism in Western Sahara and in the refugee camps near Tindouf, Algeria in your upcoming report on the situation.

Sincerely,

Monika Kalra Varma
Director, Center for Human Rights
Robert F. Kennedy Center for Justice & Human Rights

Aminatou Haidar
President
CODESA, Collective of Sahrawi Human Rights Defenders

1. Report of the Secretary-General on the situation concerning Western Sahara, U.N. Doc. S/2005/648, ¶ 29 (2005).

2. See Report of the Secretary-General on the situation concerning Western Sahara, U.N. Doc. S/2006/249, ¶ 41 (2006); U.N. Doc. S/2007/619, ¶ 67 (2007); U.N. Doc. S/2008/ /251, ¶ 71 (2008); U.N. Doc. S/2009/200,¶ 66 (2009); U.N. Doc. S/2010/175, ¶ 76 (2010).

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