Western Sahara: Self-determination

James Duddridge Excerpts

Wednesday 20th April 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (James Duddridge)]

I congratulate the hon. Member for Kilmarnock and Loudoun (Alan Brown) on securing this debate, on his strong interest in Western Sahara and more generally the work of the all-party group on Western Sahara. I thank other hon. Members from all three main parties for their contributions. In my briefing, I was not prepared for questions about the Scottish referendum, but I congratulate the hon. Member for Glasgow North (Patrick Grady) on getting that in.

I am sorry to disappoint hon. Members who were expecting the illustrious Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), who would have been delighted to respond to the debate, which is within his portfolio. He was, until very recently, engaged in another debate on the Floor of the House. It is therefore my pleasure to respond to the debate, particularly because, as the hon. Member for Leeds North East (Fabian Hamilton) alluded to with great foresight, both of us went to Western Sahara while on the Back Benches in order to be better briefed for this very occasion. We specifically visited the UN headquarters in Laayoune to see its work for ourselves first hand.

The Government’s position on Western Sahara is consistent and long-standing. The Government consider the final status of Western Sahara as undetermined, and we support the UN-led efforts to reach a lasting and mutually acceptable political solution that provides for the self-determination of the people of Western Sahara. In line with the debate, I will first speak about the underlying principles of self-determination and our support for those, then move on to the situation in Western Sahara and how it applies to the broader issue of self-determination.

In his statement of principles for world peace nearly a hundred years ago, President Woodrow Wilson said:

“Self-determination is not a mere phrase. It is an imperative principle of actions which statesmen will henceforth ignore at their peril.”

I am not sure he had the hon. Member for Leeds North West and me in mind when he said that, but nevertheless, I think I can speak for both of us in saying that we hear that principle. Wilson was unsuccessful in his attempts to include the principle in the covenant of the League of Nations.

More than two decades later, in the midst of world war two, Winston Churchill and Franklin Roosevelt came up with a set of principles that defined the Allies’ goals for the post-war world, which included

“the right of all peoples to choose the form of government under which they will live”.

Their Atlantic charter is widely recognised as a precursor to the 1942declaration of United Nations, which was the foundation of the charter of the United Nations. This charter, and many other treaties and agreements to which the United Kingdom is signatory, set out clearly the right to self-determination.

The principle of self-determination is about freedom to make one’s own choices. This country demonstrated its commitment to that principle in 2013, when the Government gave residents of the Falkland Islands the freedom to choose whether they wanted to remain a British overseas territory. Self-determination has allowed, and continues to allow, countries and territories around the world to determine their own fate and chart their own course.

Turning to Western Sahara, the UK supports UN-led efforts to reach a lasting and mutually acceptable political solution to this long-standing dispute that provides, crucially, for the self-determination of the people of Western Sahara. Morocco and the pro-independence Polisario Front both claim sovereignty over Western Sahara. An International Court of Justice ruling on the issue in 1975 means that the territory is “non-self-governing” under chapter XI of the UN charter, and that its people therefore have the right to self-determination. Following Spanish withdrawal in 1975, most of the territory has been under Moroccan administration.

In 1991, after more than 15 years of hostilities between Morocco and the Polisario Front, a ceasefire was brokered by the Organisation of African Unity and the United Nations. It was agreed that both sides would stop fighting and the UN would monitor the ceasefire. The UN would also prepare for a referendum in which the Sahrawi people would exercise their right to self-determination, choosing either to be an autonomous region within Morocco or an independent state. That was the mandate for the UN MINURSO, which we have discussed, and which I visited with the hon. Member for Leeds North West in 2014. That body has succeeded in monitoring a ceasefire. The UN has persisted, through rounds of discussion, negotiations and renegotiations, in trying to find a political solution to the conflict. However, despite engagement and credible efforts over the years from both sides, little real progress has been made on the political track.

On 11 April 2007, Morocco put forward a proposal for advanced autonomy for the region. I think that is what the hon. Member for Kilmarnock and Loudoun was referring to when he asked about the Government’s views on the proposal. UN Security Council resolution 1754 of 30 April 2007 took note of the proposal and welcomed the serious and credible Moroccan efforts to move the process forward towards resolution. It also took note of the Polisario Front’s proposal presented on 10 April 2007. However, neither proposal was accepted by the other party and no further proposals have been put on the table. The solution has to be UN-led. The UN has to move things forward.

In March this year, the UN Secretary-General made comments, which a number of Members have referred to, during a visit to the region. That led to disagreement around the UN troops and to withdrawal of the 84 civilian members of the UN deployment. While the Secretary-General has since clarified his statement and expressed regret for the misunderstanding caused, the civilian staff still have not returned. The UK Government are concerned about the lack of a civilian component in the force. Without that vital support, the UN mission is unable to fulfil its existing mandate, let alone an extended one. It is unable to assist the UN and thus the UK’s interest in finding a political solution, but it is still maintaining peace and security in the region.

We have urged the UN secretariat and Morocco to engage in dialogue that will allow the individuals to return as quickly as possible to enable the full functionality of the mission, allowing it to carry forward the full scope of its existing mission. We are hopeful that a way forward can be found. The situation is not totally gridlocked, but more effort is needed.

Turning to some of the additional points made during the debate, the hon. Member for Bridgend (Mrs Moon) and a number of other Members talked about Daesh. We are concerned about the presence of Daesh throughout the broader region, although the Moroccan authorities have disputed the assertion that cells have been encountered. On the other hand, the Secretary-General’s personal envoy, Christopher Ross, has told the permanent under-secretary for the middle east and north Africa that about 15 individuals have travelled to fight with extremist groups in north Africa. I do not think 15 can be described as endemic, but we are aware of some people travelling from the region.

A lot of points were made about human rights. Although it is primarily a UN process, the UK, through its position on the Security Council, stresses the importance of humanitarian rights on an ongoing basis in Western Sahara and the camps. That was clear in the UN Security Council resolution of April 2015. The United Nations High Commissioner for Human Rights visited Western Sahara in 2015 and the findings of that report will be reflected in the Secretary-General’s report, which we believe will be published later today. As I stand before the Chamber, I have not seen that it has been published. That is only one way that the UN looks at human rights in the area.

There was a specific case that the all-party group would like me to look into. If it writes to me with details, I am more than happy to look into that and circulate a letter that can be sent around to the rest of the group.

There has been progress on human rights. The Moroccan authorities recently took steps to improve human rights, including ratifying the protocol to the convention against torture and ending the practice of trying civilians in military courts. That is good progress, but I still hear calls to do a lot more. We are considering our position on the mandate renewal but, as I have said, actually getting the existing mandate delivered is troublesome without extending it further. I was asked by the hon. Member for Leeds North East about commercial activity. We do not consider commercial activity in Western Sahara to be illegal, as long as it respects the interests and wishes of the people of Western Sahara and benefits them. The UK does not prohibit companies from engaging in commercial activity, but they should take legal advice before doing so.

The Office for the Co-ordination of Humanitarian Affairs supports refugees in the camps in Algeria through all the UN agencies, most notably UNICEF, the United Nations High Commissioner for Refugees and the World Food Programme. This is a situation that we are very much aware of and very keen to engage in, and I look forward to progress being made through the UN and through working with the all-party parliamentary group.

Question put and agreed to.

Resolved,

That this House has considered Western Sahara and self-determination.