Morocco's permanent representative to the UN, ambassador Omar Hilale, reiterated, Tuesday in New York, the call of the Kingdom for the respect of the principles of the UN Charter, mainly its Article 12 (1), by the General Assembly, which should distance itself from the Moroccan Sahara issue, as it is currently being examined by the Security Council.
Article 12 (1) makes it clear that "while the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests," Hilale said before the 4th Committee of the UN.
This article not only enshrines the "pre-eminence of the Council on the General Assembly", but imposes on it the obligation not to make any recommendation concerning the cases examined by the Council, said the ambassador. This prohibition forced the General Assembly to relinquish a dozen of questions during the 1950s and 1960s, which enabled the Council to calmly exercise its responsibility and to the General Assembly to refrain from interfering in its mandate, he recalled.
"The issue of the Moroccan Sahara is the only one to be included in the C24 and the Security Council," Hilale said, adding that it is the only issue to be the subject of a political process under the auspices of the secretary general and his personal envoy, under Chapter VI on the peaceful settlement of disputes.
"Morocco strongly reiterates its urgent appeal to the General Assembly to stop acting ultra vires and relinquish the Sahara issue in order to allow the Security Council to conduct, without interference, the negotiating process aimed at reaching a negotiated and mutually acceptable political solution," Hilale noted.
Morocco, he stressed, "strongly reiterates that the option of the referendum is definitely buried in the case of the Sahara."
The UN secretary general, Kofi Annan, concluded in his report to the Security Council "the inapplicability of the 1991 settlement plan and therefore of the referendum", recalled the ambassador.
Similarly, the Security Council has rejected the referendum, for over 17 years, once and for all, in favor of a negotiated and mutually acceptable political solution, he noted.
Hilale added that although Morocco considers that the decolonization of the Sahara was completed by its recovery in 1975 and that the principle of self-determination does not apply to this situation, "it remains resolutely committed to finalize this dispute regional, through the political process under the UN auspices.”
The Security Council has determined the parameters of the political solution in its 12 successive resolutions, adopted since 2007, noted the ambassador.