Security Council establishes UN mission for Western Sahara referendum.

The Security Council on 29 April formally established the United Nations Mission for the Referendum in Western Sahara to implement the SecretaryGeneral's plan for a settlement of the question of Western Sahara. The Mission will be known by its French acronym, MINURSO.

The plan provides for UN supervision of a cease-fire between Morocco and the Frente Popular para la Liberacion de Saguia elHamra y de Rio de Oro (POLISARIO). It also details how a referendum on the future of Western Sahara should be organized. The people of the Territory will choose between independence and integration with Morocco.

MINURSO will involve approximately 900 international civilian personnel, 300 police officers and a military component with a strength of about 1,695.

On 17 May, the General Assembly approved, in principle, an allocation of some $180 million to finance the Mission for the nine-month period approved by the Council. Member States were asked for voluntary contributions to finance a repatriation programme for Western Saharans, to be conducted by the UN High Commissioner for Refugees (UNHCR).

Johannes Manz, the SecretaryGeneral's Special Representative on Western Sahara, called the new operation "unique", one of the most challenging the UN had ever undertaken. This was the first time, he said, the Organization would have full responsibility for such a referendum.

In unanimously adopting resolution 690 (1991), the Council approved a 19 April report of the Secretary-General (S/22464 and Corr.1), which amplified a previous report (S/21360) outlining his plan to implement the settlement proposals as accepted by Morocco and POLISARIO on 30 August 1988.

The Council also decided that a transitional period would begin no later than 16 weeks after Assembly approval of the MINURSO budget-around mid-September, The referendum itself was expected to be held towards the end of january 1992.

The Mission's operational area comprises Western Sahara-more than 250,000 square kilometres in size-and locations to be designated in neighbouring countries, such as the Tindouf refugee camps, where numbers of Western Saharans are known to live.

'Abiding support'

In welcoming resolution 690, Algeria said the plan had its absolute and abiding support". A decisive stage had been reached "on the path towards a peaceful, just and final settlement of the question of Western Sahara", it stated. Algeria would ensure that the referendum process took place in an atmosphere of calm, confidence and respect for the peace plan. The settlement would promote peace and stability in the region.

Mauritania said the measures agreed on provided an opportunity for a just and lasting settlement of the "fratricidal conflict". It was prepared to cooperate with the Secretary-General for t he accomplishment of his mission.

On 25 May, Secretary-General Javier Perez de Cuellar had a tete-a-tete meeting with King Hassan II of Morocco in Rabat, exchanging views, among other things, on the UN operation in Western Sahara.

On 26 May, the SecretaryGeneral met in Oran, Algeria, with Algerian President Chadli Bendjedid. On 31 May, he met in Lisbon with the current Chairman of the Organization of African Unity (OAU) on implementing the plan for a settlement of the question of Western Sahara.

The UN, in cooperation with OAU, would be taking on "a complex operation involving responsibilities unequalled in similar operations in the past", Mr. Perez de Cuellar told the Council on 24 April during informal consultations.

The operation's success would further affirm the right of peoples to self-determination and would contribute to the maintenance of peace-two fundamental UN Charter objectives.

'Balanced and equitable'

In his 19 April report, the Secretary-General said that the plan resulted from a long and exhaustive search for the most equitable, effective and economical ways to implement the settlement proposals accepted by the parties in August 1988. However, it could not meet all the concerns of the two parties and compromises had therefore had to be sought.

Four essential conditions must be met for a successful outcome and for MINURSO to perform effectively and with complete impartiality. Mr. Perez de Cuellar stressed. These were: full Security Council support; full cooperation of the two parties, particularly with regard to the comprehensive cessation of all hostile acts; cooperation and support of neighbouring countries; and availability of the necessary financial resources in a full and timely manner.

MINURSO, the SecretaryGeneral assured the Council, would act with complete impartiality and proceed on the assumption that the two parties would cooperate with the Special Representative.

The Mission would require freedom of movement and communication an other facilities necessary in performing its tasks. Its personnel must be accorded all relevant privileges and immunities provided for in the Convention on the Privileges and Immunities of the UN, as well as those specially required for the proposed operation.

The Mission would also rely on the continued cooperation and understanding of the two neighbouring States-Algeria and Mauritania-which had already undertaken to do their utmost to ensure that transitional arrangements and the results of the referendum were respected, and to cooperate in various ways with MINURSO.

'D-Day'

Mr. Perez de Cuellar said the transitional period would last for 20 weeks, beginning with the coming into effect of the cease-fire on "DDay". It would end with the proclamation of the referendum's results. MINURSO would continue to discharge its responsibilities for up to 26 weeks from "D-Day".

A UN official said on 28 June that Special Representative Manz would be taking up his duties on 6 September, the date accepted by both Morocco and POLISARIO for the cease-fire, in response to the Secretary-General's proposal.

The Secretary-General said he had accepted Morocco's undertaking to reduce its troops in Western Sahara to a level not exceeding 65,000, within 11 weeks from the coming into effect of the cease-fire.

All remaining Moroccan troops would be located in static or defensive positions along the sand wall (erected by Morocco in Western Sahara), with certain exceptions. They would be monitored by MINURSO's military observers, who would conduct extensive patrols by land and air to ensure observance of the cease-fire and the confinement of the Moroccan troops to designated locations. They would also monitor the custody of certain arms and ammunition.

The Special Representative is to designate the locations to which POLISARIO troops would be confined-with their arms, ammunition and military equipment-with effect from the coming into force of the cease-fire. The troops would be monitored by MINURSO military observers, who would be deployed at each designated location.

The Special Representative would take steps with the two parties to ensure the release of all Western Saharan political prisoners or detainees before the beginning of the referendum campaign and, to that end, an amnesty was envisaged as the first stage. In that work, he would be assisted by an independent jurist appointed by the Secretary-General. Any differences concerning the release of political prisoners or detainees would be settled in a manner satisfactory to the Special Representative.

The settlement proposals also provide for the exchange of prisoners of war to take place under the auspices of the International Committee of the Red Cross.

Identifying voters

A central clement in the settlement proposals is the identification and registration of all Western Saharans eligible to vote in the referendum, the Secretary-General stated. An Identification Commission would perform that task during the transitional period. Certain tasks must be completed outside and inside Western Sahara before the cease-fire comes into effect, it was stated.

All Western Saharans, to whom the 1974 census undertaken by the Spanish authorities related and who were aged 18 years or over, would have the right to vote, whether they were currently present in Western Sahara or living outside as refugees or for other reasons.

The 1974 census would be updated by removing from the lists the names of persons who had died and considering applications from those who claimed they were Western Saharans omitted from the census. The Commission would also publish instructions on how they could apply for inclusion in the list.

The Commission, assisted by the tribal chiefs and in the presence of observers from OAU and the parties, would meet in New York or Geneva to review such applications under the supervision of the Special Representative.

Prior to "D-Day", a consolidated list of names of persons eligible to vote would be published in Western Sahara and other places where Western Saharans were known to be living.

By "D-Day", the Identification Commission is to be fully established in the mission area, assisted by field offices established at principal population centres, as well as by static and mobile teams.

At that second stage of its work, the Commission, assisted by tribal chiefs, would identify and issue registration cards to persons named on the published list of voters.

It would also organize procedures for appeals against non-inclusion of names on the list or against decisions regarding identification and issuance of registration cards. At designated locations, the Commission would also identify and register all POLISARIO troops eligible to vote, as well as any eligible Western Saharans in the Moroccan forces.

Organizing the vote

The Referendum Commission is to assist the Special Representative in all aspects of the organization and conduct of the referendum, advising him on measures to ensure that the referendum is free and fair, without military or administrative constraints, and that there is no intimidation or interference in the voting process- The two parties and OAU representatives would be official observers in that work.

The Referendum Commission would prepare rules and instructions establishing a legal framework within which the UN would conduct the referendum.

A code of conduct and behaviour for both parties during the referendum campaign and the referendum itself is to be established by the Special Representative. It would ensure that freedom of political campaigning carries with it the responsibility for respecting the free expression of political ideas without threat or fear of intimidation.

The Special Representative will determine the starting date of the referendum campaign, when he is satisfied that all Western Saharans would be able to participate equally and without administrative or military contraint in the campaign.

An adequate number of polling stations is to be established throughout the Territory so that all eligible voters could participate. Voting would take place only in Western Sahara.

Repatriation

An essential element of" the process is the repatriation of Western Saharans identified as being eligible to vote and who wish to return to the Territory to participate in the referendum.

The repatriation programme would be implemented by UNHCR as an integral part of the MINURSO operation. Repatriation is to begin immediately after the Commission's work is completed.

Security would be provided by MINURSO's military unit. A General and complete amnesty for all returnees would be needed to ensure conditions for their free and unimpeded return.

UNHCR would ascertain and record the repatriation wishes of' each potential returnee, issue documentation, and establish and manage reception centres for the returnees in Western Sahara.

MINURSO's full cost should come from the assessed contribution of Member States, the Secretary-General recommended.

The referendum

Voting would be by secret ballot, with arrangements made for those who are illiterate or incapacitated. The final result would be determined by a simple majority of valid votes cast.

If the decision is for independence, all remaining Moroccan troops would begin withdrawal within 24 hours and be out of the Territory within six weeks. Withdrawals would be monitored by MINURSO's military unit.

If the decision is for integration with Morocco, any POLISARIO troops who have not returned to take part in the referendum would begin demobilization within 24 hours of the proclamation of the result, completing that process within four wecks, as monitored by MINURSO's military unit.

After the results are announced, UN personnel would begin to leave Western Sahara.

Zia Rizvi of Pakistan was named Deputy Special Representative of MINURSO as of 1 June. He had been Assistant Secretary-General and Deputy Coordinator- of the UN Humanitarian and Economic Assistance Programmes relating to Afghanistan.

Macaire Pedanou was appointed Chairman of the Identification Commission. A national of Togo, he has been a Director in the Department for Special Political Questions, Regional Cooperation, Decolonization and Trusteeship.

On 25 June, the SecretaryGeneral announced the appointment of Major-General Armand Roy of Canada as the Force Commander of MINURSO's military component. From October 1968 to April 1969, Maj.-Gen. Roy served as Adjutant of the Canadian contingent in the UN Peace-keeping Force in Cyprus (UNFICYP). He served a second tour in UNFICYP as a Company Commander from March to November 1973.

At a pledging conference held in Geneva on 13 June, voluntary contributions of about $9.5 million were pledged by Algeria, Austria, Canada, japan, Norway, Poland, Spain, Switzerland and Uruguay in support of UNHCR's repatriation programme. Germany, France, Morocco, the United Kingdom and the United States indicated that they would announce their pledges later.

Opening the conference, the Secretary-General said that without the repatriation programme, "a fair and impartial referendum could not take place". His discussions in Africa with leaders of Algeria, Morocco and POLISARIO had reinforced his optimism with respect to the positive role which the UN could play in solving the question of Western Sahara.

On 28 June, a UN official stated that Special Representative Manz had held an informal two-day meeting in Geneva for an exchange of views with representatives of Morocco and POLISARIO on matters relating to the preparation for MINURSO's deployment. He had informed the Secretary-General of the results regarding practical measures to be taken in the immediate future.

The official added that it was intended to continue the process of' close and informal consultations with all concerned until the ceasefire, prior to referendum.