WHY THE TRUE FACTS MATTER
WHY THE TRUE FACTS MATTER An answer by Moulay Ahmed Maalainin Journalist/ researcher To « Why the facts matter » a response by the Saharawi Journalists and writers Union To “Why the Maghreb Potomac Institute and John Hopkins University SAIS INTRODUCTION : On the 31st of March 2009, the Potomac institute for policy studies and the conflict management program the Johns Hopkins University (SAIS) has published a 15 page report entitled: “Why the Maghreb Matters: threats, opportunities, and Options for Effective American Engagement in North Africa”, the introduction of such report reflects the importance of the Maghreb region to the United States of America. The first paragraph of the introduction points out the main concern of the Americans, and their priorities: “The Maghreb matters to the United states for reasons ranging from its strategic geographic position on the Mediterranean and at the western end of the Arab-Muslim world, to the threats posed by the increase of terrorism in the region, to the economic opportunities and resources it offers the US. The US needs a policy to promote American interests in the area by treating the five North African states as a region and working to strengthen the economic and security ties among them – and with the US and Europe- and by taking the lead in promoting a resolution to the Western Sahara region conflict based on the proposal of autonomy within Moroccan sovereignty now on the table at the United Nations (UN) and supported by a bipartisan consensus in the US congress.”( see Why The Maghreb Within few days, and exactly on the 5th of April 2009 the Union of sahraoui journalists and writers responded in a 10 page report entitled “Why the facts Matter” expressing its frustration to the report mentioned above “the Saharawi journalists and writers Union (UPES) would like to express its indignation and frustration with the recent publication of a biased, un-factual, and patronising report entitled “why the Maghreb Matters” (see why the facts matter/The Sahraoui Journalists and writers Union/ 5 April 2009) Although differences of points of view are perfectly acceptable when it comes to disputes and conflicts, but the fact of the matter is that defending the thesis of the Polisario front at the expense of the historical reality, and the true facts of the conflict is not acceptable at all , as the aim of this response basically to the 10 page response of the Union of Sahrawi journalists and writers is to provide the Maghreban /Arab/and international opinion public the truth and the whole truth surrounding the Western Sahara region conflict . The process of decolonisation of Moroccan territories and the Western Sahara The process of decolonization of Moroccan territories which were occupied by Spain took place through negotiations; in this respect Morocco regained the north zone in April 1956, Tarfaya and Tan Tan in 1958, Sidi Ifni in 1969, and the Western Sahara region in 1975 .It is not by chance that the general assembly resolutions adopted in 1965 and 1968 confirming the right to self-determination refer not only to the inhabitants of Sidi Ifni, but also to those of Western Sahara. In fact the UN recognize two different decolonization problems, that of territories which at the time of colonization had no international juridical status to which the procedure providing for self-determination and independence applies, and other territories constituting an integral part of state, this is clearly the case of Western Sahara as the international court of justice in the Hague expressly recognized that Western Sahara was not a territory without a master but one over which Morocco exercised its sovereignty “ ….. That at the time of colonization of Western Sahara by Spain Morocco The legal ties between Western Sahara region and the kingdom of Morocco Kingdom of Morocco Great Britain thus recognized that Moroccan territory extended to cape boujdour, including SEGUIA AL HAMRA. Moreover, the letters annexed to the treaty of 4 November 1911 signed between France and Germany, state: “Germany will not intervene in any special agreements which France and Spain may think fit to conclude with each other on the subject of Morocco comprises all the part of northern Africa which is situated between Algeria, French west Africa and the Spanish colony of Rio de Oro (wadi dahab)”. The Alaouite dynasty has ruled Morocco Morocco Morocco Western Sahara Spain Western Sahara After Morocco Western Sahara Morocco M’hamed Sahara Late King Hassan II’s initiative in organizing a peaceful march to the Sahara, in November 1975 led to the Madrid The green march (Al Massira al khadra in Arabic), could be described as the master stroke which resolved the dispute between Morocco Spain As soon as Spain Morocco King Mohammed VI, immediately after his enthronement in 1999, set forth a development strategy built on social and economic development. Initially, the new young King is seen as a reformer, keen to liberalize the economy, root out corruption and establish the rule of law and democracy. When he was crown prince he was beside his father late king Hassan II in most the national and international activities, and in particular when it comes to the Western Sahara 1996 a The sahraoui Arab Democratic republic The “SADR” is a contradiction with the request by Polisario front for a referendum on self-determination. the unilateral proclamation by Polisario of the SADR is a violation to the international law, particularly that the sahraoui Arab Democratic Republic has no territorial existence, it is set up in Tindouf inside Algeria territories, it has no attribute of sovereignty, and exists only on the territory of a foreign country. As to the recognition of the “SADR” no European country, no Arab and Muslim country apart from Algeria As to the number of countries which actually still recognized the “ SADR” is 27 countries after the withdrawal of the recognition of at least 52 countries , among others : Angola, Ghana, Iran, Syria, Peru, Nigeria, India, El Salvador, Kenya (source:http://www.worldstatesmen.org/western_sahara.html) Algeria One aspect of the present deadlock is basically a result to the Algerian non commitment to its explicit statement, which says that it does not consider itself as part of the conflict. Facts on the ground show unfortunately that Algeria In his report of 19 February 2002, the former secretary general of the UN Kofi Anan informed the security council on the visit of the Algerian president to Houston on 2 November 2001during which he told the UN secretary general personal envoy James Baker that Algeria and the Polisario are ready to discuss and negotiate the splitting of the territory as a political solution to the dispute over western Sahara. This initiative proves Algiers Algeria In the 28 February 2006 Algeria took part in the festivities of the Polisario for the 30th anniversary of its creation, there is no doubt that Polisario would not organize such a big military parade in Tifariti without the approval of the army approval. For the same occasion Bouteflika seized the opportunity to send a message to the leadership of Polisario where he described Morocco When it comes to the recent developments concerning the Moroccan substantial autonomy proposal. The secretary general personal former envoy for Sahara Van Walsum stated (in his press conference at the headquarter of the UN, after presenting his report to the UN chief) that the Moroccan proposal to grant substantial autonomy to the western Sahara “was the result of an extended political process of national and international consultations” .As to the role of Algeria in the conflict Mr Walsum recognized the pre-eminent role of Algeria, “Algeria has in this whole dossier (Sahara issue) played an absolutely pre-eminent dominant role ever since1975” this is the third time that a senior UN official dealing directly with the western Sahara issue that recognized in a diplomatic Worthing to what extent the Algerians are directly involved in the western Sahara dispute ,and even in the decision making on behalf of the separatist movement called Polisario During the last decade a number of Algerian politicians, and even former policy makers and military generals have expressed openly their total disagreement with Boutaflika’s politics towards the future of western Sahara .Anouar Haddam one of the leaders of the Islamic Salvation Front told “ALKHABAR” a daily Algerian newspaper “ Sahraouis would never agree to separate themselves from Morocco” . Louisa Hanoun the general secretary of the Algerian labour party said “the western Sahara issue is an artificial problem” she added “ Morocco The former Algerian prime minister Abdelhamid Ibrahimi, insists that the leadership of the army is behind the dispute over western Sahara dispute, in his latest interview with the daily newspaper “ATAJDID” on the 12 December 2006 he said “the autonomy plan was discussed when I was prime minister with president Benjdid, provided that Morocco preserves its sovereignty over its territory, including foreign and defence policies. The agreement was made, and president Benjdid did not refuse” When it comes to the army leadership it is worth mentioning that the former general and defence minister Khalid Nezar advocates a political solution to the conflict, he said “the settlement of western Sahara conflict should be achieved through the application of such substantial autonomy as proposed by king Mohamed VI” It seems that although the political leaders and most of the former generals of the Algerian army are explicitly against their president’s policy towards the Sahara, Bouteflika is determined to follow the instructions of the generals with the aim to achieving the strategic goals as seen by the Algerian army intelligence leadership which have nothing to do with the wellbeing of sahraouis Morocco On Wednesday, April 11, 2007 the Moroccan government submitted its proposal for a substantial autonomy for the Western Sahara region to the newly nominated secretary general of the United Nations organization, taking the first step, which the international community has called for repeatedly, toward a political direct dialogue with the parties concerned i.e. : Algeria and the Polisario front. The conflict between the Kingdom of Morocco The terms of 1991 cease-fire agreement were not fully met until august 2005, when the Polisario, under pressure from the international community released the over 400Moroccan prisoners of war. During their very long capture the Moroccan POW’s faced barbaric torture, and forced labour from both: the Algerian and Polisario military intelligence services. On April 2003, the France libertés foundation led an international mission of inquiry on the conditions of detention of Moroccan POW long held in the refugee camps in Algeria, the French foundation produced detailed accusations of torture, forced labour, arbitrary detentions, and summary executions of captured soldiers, that revealed the true nature of the Polisario front, which had long portrayed itself as a victim. Allowing the sahraoui people to vote on a referendum seems like a simple solution, but the Polisario had insisted on restricting the voter lists locked that process into more than six years of fruitless discussion. The UN became aware of the fact that referendum is in practical terms impossible to carry out since sahraouis do not live only in Morocco Algeria Mauritania Mali Recognizing this deadlock, the UN shifted its approach to encouraging direct negotiations between Morocco Western Sahara Western Sahara Kingdom of Morocco The Moroccan proposal is an answer to the UN Security Council resolution and to the constant international community appeals for a political solution to the Western Sahara Western Sahara The philosophy behind the Moroccan proposal is that Sahraouis claims will be satisfied, and Algeria Morocco Although both Algeria and Polisario refused the Moroccan proposal, before it was submitted to the UN, and even before finding out about the content of it .the secretary general personal former envoy for Sahara Van Walsum recognized ( in his press conference at the headquarter of the UN , after presenting his report to the UN chief) the role of Algeria in the conflict “Algeria has in this whole dossier (Sahara issue) played an absolutely pre-eminent ,dominant role ever since1975” this is the first time that a senior UN official dealing directly with the western Sahara issue that recognized explicitly in a diplomatic Worthing the extent of Algerians direct involvement in the western Sahara dispute ,and even in the decision making on behalf of the separatist movement called Polisario while Algiers keeps insisting that “it is not a part in the conflict”. The conflict impede the construction of the Arab Maghreb Union (UMA), hindering any form of agreement between the neighbouring countries, while keeping sahraoui families from returning home to live among their own .It also created a center of tension in the north west of Africa encouraged by the proliferation of human traffic, in particular in the form of clandestine immigration, weapons trafficking, drugs, the deviation of goods in the camps as well as the appearance of terrorism. The UN charter, the ultimate international jurisprudence stipulates that self-determination must take into account the territory integrity and unity, so autonomy remains one of the best solutions for self –determination, this type of substantial autonomy exists in the most highly developed countries across the world THE LACK OF DEMOCRATY AND VIOLATION OF HUMAN RIGHTS IN TINDOUF REFUGEE CAMPS The lack of real democratic practices in the refugee camps in Tindouf reflects undoubtedly The manner of arbitrary arrest were carried out, according to “an independent committee of inquiry into allegations of violations of human rights, crimes, abuses and various other irregularities brought against the Polisario front” some victims were brought to the polisario’s administration complex at Rabouny, not far from Tindouf, or to the offices of the polisario military security. They were then transferred in secret to places of detention and torture, mainly to Rachid prison, known within sahraoui refugees as the black prison. Others were arrested at work, during their military training, or in their camps.generaly speaking the victims of arbitrary arrest were transferred to Rachid prison in early evening or at night, hands tied behind the back, eyes blindfolded or the whole face hooded to prevent recognition of their captors or the place they were being taken, at this particular stage detainees were not informed of the charges against them. During the last three decades torture was used by the military services of the Polisario with the aim to forcing detainees to confess to being agents to foreign countries, or involved in any forms of conspiracy. According to the independent committee of inquiry into violations of human rights by the Polisario, it is in possession of a detailed list of 43 people who died under torture, or as a direct consequence of the ill-treatments suffered. This list needs to be completed, and up dated as the figure seems to be higher than what it is disclosed. A number of witnesses who fled to Morocco THE DIVERSION OF HUMANITARIAN AID Sahraoui refugees in the Tindouf camps depend on humanitarian aid donated by Numerous UN organizations, in addition to international non-governmental Organizations. It is believed and even proved that much of the humanitarian aid does not reach the refugees, instead it is In most cases sold on the black market in neighbouring countries by the Polisario. In this Respect the international community have called in numerous occasions for the Implementation of a census, and an audit system to make sure that the management of the Humanitarian aid is transparent. Both Algeria humanitarian assistance. Important quantities of diverted International humanitarian aid sent for refugees in Tindouf camps have been found on the Markets in Algeria Mauritania, but also in Mali and Niger, some still in their original Packaging. The sums recovered would be used to finance the front, and also its leader’s way Of life, at the expense of sahraoui refugees. These diversions according to the report of the US Committee for refugees published in year 2000 “Humanitarian workers have reported that more than 30% of the children from 5 to 12 years old were underfed, more than 70% of the Children of less than 5 years old suffered from anaemia”, in its 2001 report the committee announced “more than 15000 children are in need of shoes”, and finally in its 2003 report, its Said “some donors in private, have asked for a control of the distribution of food to Make sure that the political and military leaders were not diverting the aid” HUMAN RIGHTS ASPECTS AND ITS CONSEQUENCES The Polisario is severely accused of human rights abuses : the detention, killing ,and the abuse treatment of Moroccan prisoners of war from late 70’s to 2006, other accusations are that a big number of sahraouis are kept in the Tindouf camps against their will, and do not enjoy freedom of expression. In a report published in 2003; Amnesty International concluded that “freedom of expression, association, and movement continued to be restricted in the camps controlled by the Polisario near Tindouf in south western Algeria The Polisario remains a totalitarian military and political movement, with single party system, from inside the Polisario reports are talking about more than 6000 sahraoui children, and adolescents are currently living in Cuba, in most of the cases against the will of their parents, and under the pretext of schooling, some of them are subject to obligatory military training. A full and comprehensive report of an independent committee of inquiry into allegations of violation human rights, crimes ,abuses ,and various other irregularities brought against the Polisario front, was submitted to the special political and decolonisation committee (fourth committee) of the United Nations on the 4th of October 2006.This 40page documented report deals with the following aspects: Morocco Cuba Freedom of movement To make sure that Sahraoui refugees, whether they are free or not to leave the camps in Tindouf Human rights Watch interviewed tens of Sahraouis , and asked them questions such as whether they used the official border crossing or took a clandestine route ; whether they told others of their plans or intended destination . according to the latest report of Human rights watch, of December, 2008, under the title “Human rights in western Sahara and the Tindouf refugee camps” former camp residents now living in western Sahara region confirmed that when they left the camps they concealed their ultimate destination, fearing that Polisario would block their departure if it became known"(human rights report , december , 2008) these same individuals for the most part said they kept their plans secret from others in the camps. They said they did so not only out of fear that the Polisario might prevent them from leaving, but also because the prevailing feeling in the camps is that is shameful to opt for life " under Moroccan occupation" "They taught us to hate Morocco from when we were young, that the Moroccans would torture and mistreat you" said a former Polisario official who left the camps by the end of 2006 and settled in Al-Ayoun , and this is how he left according to a statement he made to Human rights watch : " I left my wife , child, and six other relatives , in a truck . The owner of the truck is an officer in the security forces. When we reached the border post, he talked to the guards, and there was no problem; my parents and brothers are still in the camps, they have suffered no reprisals, because we left. The authorities came to my father and asked where i went, and he answered Mauritania Hamra checkpoint, the main Algerian- Mauritanian border point, is a long drive on extremely difficult roads from the main cluster of refugee camps in Tindouf. Polisario and Algerian guards the checkpoint, registering the ID’s of drivers and passengers, sahraouis told human rights watch, if the guards asked the reason for their travel, sahraouis leaving for Moroccan controlled areas have to lie, explaining that they were travelling to Mauritania Yeslim Ould Ismail Ould el-Melkhi, a pharmacist, who left the Tindouf camps in April 2007, put it this way: “ it is pretty chaotic situation in the camps . Everybody is preoccupied with trying to provide for his basic needs, if you want to leave, you just make the necessary arrangements, and you head for the Hamra checkpoint. You show your ID, they write your name down, and they let you pass. They understand the problems that people face in the camps. You must not tell them you are going to Morocco Abdellah Mala’ainine, who left the camps for Morocco in 2006, also said that leaving was not hard, provided you keep being discreet about your destination: “you keep the fact that you might want to go to Morocco Another possible way to leave the Tindouf refugee camps is the UN –administered program of family visits. This program involves flying Sahraoui families from the Western sahara Western Sahara The process of defection from the Tindouf camps and rallying to Morocco started in practical terms at the end of the fighting, hundreds of sahraoui refugees have decided to leave Tindouf and to return to Morocco, among them political and military leaders, head of tribes, and hundreds of Polisario army officers of all levels. This situation, which is due in part to the failure to reach a settlement as well as the realities of the four refugee camps in the Tindouf area, has led to what many Sahraouis denounce as the concentration of power in thee hands of few political stagnation, and lack of transparency , freedom of speech and movement, in this respect the brother of El Ouali Ould Mustapha Sayed, the Polisario’s first secretary general expressed on 31 October 2006 serious misgivings about the current leadership : “ many sahraoui officials alongside of simple soldiers, fled to Morocco because they could no longer stand the chaotic, static, and unjust status quo …. Some even say that this exodus towards Morocco Due to the increasing number of Sahraoui refugees who decided to go back to Morocco Morocco Although the Polisario is making sure that no refugee is allowed to flee the Tindouf camps particularly to Morocco, it seems that the number has increased over the five years or so , in this respect it is worth mentioning the following among others , as nearly one hundred Sahraouis have returned to Morocco during the last week of February 2008 to Morocco from Tindouf camps , three groups consisting of several persons that took part in Gjijimat congress held during December 2008 in 380 km Morocco The number of sahraoui political, military and tribe leaders in addition to hundreds of families who opted to regain Morocco is increasing; according to the Chairman of the royal advisory council for Saharan affairs Khali Hena Ould Errachid around six thousands sahraouis have regained Morocco. Reports coming on daily basis from the Tindouf refugee camps describe the deteriorating social and economic situations in addition to the lack of freedom of expression and movement , in this context the chairman of CORCAS made it clear that Morocco is determined to bring back home all refugees .(see:www.corcas.com) Western sahara In terms of the Salafi-Jihadists residing in the Maghreb and Sahel region, the prospects for peace in the Western Sahara Algiers Rabat Morocco Union Why Salafis Thrive on the Status Quo? In October 2004, the African Union established its African Center Algiers Algiers Morocco Johannesburg The non-involvement of Morocco Sahel Algeria Morocco The Madrid Western Sahara Spain Spain Morocco Spain Spain Madrid Although close cooperation between Algiers Rabat Western Sahara Morocco Algeria and to a far lesser extent, Morocco were hard hit by waves of terror attacks carried out by AQIM, al-Qaida in the Maghreb Benelux In 1989 the Arab Maghreb Union Morocco Algeria Western Sahara Based in neighbouring Algeria Western Sahara CONCLUSION It is notable that many statements put forward by the report by the Sahraoui journalists and writers union (UPES) that claim to be Independent has no basis in history and international law. Therefore I Would like to remind the members of the Sahraoui journalists and writers, and particularly those who have written the answer to the report by the Potomac 1- the Polisario can not be the sole and legitimate representative of Sahraouis , especially if we take into account that two third of sahraouis live under Moroccan sovereignty and most of them fully support the substantial autonomy project . At the same time , some of those living as refugees in Tindouf, south west of Algeria back the autonomy seeing it a solution that guaranties political , economic and social rights of sahraouis 2- Since the war brought about no solutions, the UN tried to organize a referendum Based upon identification. Nevertheless the UN became aware of the fact that the referendum is impossible to carry out since sahraouis do not live only in Morocco Algeria Mauritania Mali 3- The Moroccan proposal meets international standards, transfers competences, and Creates local institutions (legislative and executive) within the framework of Moroccan sovereignty, while leaving room for negotiations, it is notable that autonomy is an advanced form of self-determination
