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and other information of a technical
nature relating to economic, social
and educational conditions in the
Non-Self-Governing Territory.
However, from the UN perspective,
Western Sahara does not have any
administering power, as Spain had
withdrawn from the territory on 26
February 1976.

In the implementation of Article 73 of
the Charter, the UN General Assembly
elaborated some principles that must
be adhered to, namely that: a) All States
should comply with the resolutions of
the General Assembly on the activities
of foreign economic and financial A city in Morocco
interests and to refrain from helping
to perpetuate the colonial situation in decolonization of Western Sahara and, as well as refugee camps in Algeria,
the Territory by means of investments in particular, of the principle of self- participate in the country’s democratic
(emphasis added). States must determination through the free and elections. In February of 2008, the
therefore avoid any economic activity genuine expression of the will of the territory held its elections for the
that adversely affects the interests of people of the Territory.” Sahrawi National Council. In 1991, the
the peoples of the Non-Self-Governing anticipated referendum for integration
Territories. Accordingly, the UN Security Council for or independence from Morocco
called upon Morocco to withdraw did not take place due to divergence
from Western Sahara when it occupied on who should participate in the
Morocco and the status of Western the Territory on 31st October 1975. elections. The Polisario Front conducts
Sahara It should be noted, as indicated by the foreign relations of the SADR and
the UN Legal Counsel in his opinion
to the Security Council, that “the maintains diplomatic relations with
With regard to Morocco’s claims Madrid Agreement did not transfer international organization and state.
of sovereignty over the Territory sovereignty over the Territory, nor In 1966, the UN affirmed the right of
of Western Sahara, it should be confer upon any of the signatories the territory to govern itself and in
recalled that on 16 October 1975, the the status of an administering power, 1979; it recognized the Polisario as the
International Court of Justice (ICJ) a status which Spain alone could not representative of the SADR.
issued an Advisory Opinion denying have unilaterally transferred”. In 2003, the UN ratified the Baker
the claims of Morocco and Mauritania In its resolution of 28 April 2015, the plan. The plan, created by James
and affirming the right of the UN Security Council called upon the Baker and presented to the then-
Saharawi to self-determination under parties “to continue negotiations under UN Secretary-General Kofi Annan,
international law. One of the issues the auspices of the UN Secretary- established a five-year transitional plan
on which the Court was requested General without preconditions and in that would see the SADR replaced by a
to provide an Advisory Opinion by good faith, with a view to achieving a Western Sahara Authority (WSA). The
the UN General Assembly was the just, lasting, and mutually acceptable WSA would be a non- autonomous
legal ties between Western Sahara political solution, which will provide authority supervised by Morocco and
and both Morocco and Mauritania. for the self-determination of the a referendum on independence would
The ICJ found that both Morocco people of the Western Sahara in the be held. Morocco rejected the plan.
and Mauritania never displayed context of arrangements consistent In 2007, Morocco proposed a self-
any effective and exclusive activity with the principles and purposes of the governing entity that would govern the
in Western Sahara. Both countries Charter of the United Nations…” territory with a negotiated degree of
therefore failed to establish any tie autonomy. A stalemate ensued over the
to territorial sovereignty over the It should be noted that the issue of proposal, and the UN demanded that
Territory of Western Sahara. Western Sahara is dealt with by the both parties seek an unconditionally
Fourth Committee of the UN General
The Court concluded that it had Assembly, which addresses issues and mutually accepted solution to
“not found legal ties of such a nature relating to decolonization. avert a potential territorial conflict. To
as might affect the application date, the territory is still claimed by the
of resolution 1514 (XV) in the The Sahrawis in the liberated areas, SADR and Morocco.

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