UNSC: A/SYG ANNABI AND PERSONAL ENVOY VAN WALSUM

UNCLAS USUN NEW YORK 000913

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV UNSC AG MO WI
SUBJECT: UNSC: A/SYG ANNABI AND PERSONAL ENVOY VAN WALSUM
BRIEF COUNCIL ON THE WESTERN SAHARA



1. Summary: During a private meeting of the Security Council
April 25, UN Assistant Secretary-General for Peacekeeping
Operations Heidi Annabi reported on MINURSO operations, and
the Secretary-General's Personal Envoy for Western Sahara
Peter van Walsum discussed the Secretary-General's latest
report on the situation in Western Sahara. Council members
generally supported Van Walsum's call for direct negotiations
between the parties to the conflict without preconditions,
although opinions differed as to specifics. Most Council
members called for a six-month renewal of the MINURSO
mandate. End Summary.


2. In his briefing on MINURSO activities of the past six
months, Annabi noted that MINURSO's ability to monitor the
cease-fire has improved and that cease-fire violations have
decreased. However, he said Laayoune demonstrations calling
for Western Saharan self-determination and respect for human
rights had created a tense situation, which had the potential
for instability if a solution to the problem is not found.
Annabi underscored the Secretary-General's view that MINURSO
plays an important role in monitoring the cease-fire and
facilitating confidence-building measures among the parties,
and conveyed his recommendation to extend MINURSO's mandate
for six months.


3. Van Walsum clarified why he has recommended direct
negotiations between the parties and without preconditions.
He characterized his decision as a "compromise between
international legality and reality," arguing that thirty
years of failed efforts to find a solution to the problem
based on international legitimacy led him to the conclusion
that such a compromise is necessary. Van Walsum contrasted
past Council calls for self-determination and a mutually
acceptable solution with Morocco's refusal to agree to a
solution based on Sahrawi self-determination. Van Walsum
stated that to overcome this contradiction, a solution should
be based on negotiations between the parties. While the UN
could not advocate disregarding international law to reach a
solution, he suggested that once the parties agreed to a
solution they had negotiated themselves, international law
would move to the background and the solution would move to
the foreground.


4. Van Walsum observed that since Morocco rejected the peace
plan in 2004, there had been an absence of reaction from the
Council. Because of the Council's strong desire for a peace
plan based on an agreement between the two parties, he
concluded that the Council had effectively "rescinded" its
support for the plan once Morocco's decision was made clear.
COUNCIL MEMBERS, COMMENTS
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5. The majority of Council members who spoke focused their
comments on the status of negotiations between the parties to
the conflict. Ghana, Congo, and the U.S. expressed
frustration that there seemed to be no solution to the
conflict on the horizon. Qatar and Slovakia supported direct
negotiations without preconditions as recommended in the
Secretary-General's report. Many members supported Van

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Walsum's proposal generally, but differed from him on
specifics. The UK said that it agreed that the parties
should stop emphasizing preconditions, and that such an
emphasis is what has been preventing them from negotiating.
The UK argued, however, that any solution must be tied to
previous UN resolutions on the matter, namely
self-determination and "mutual acceptability." France
expressed support for Van Walsum, adding, however, that
direct negotiations "in which Algeria should participate" are
the only way to get around the deadlock. Russia stated that
Moscow would support any formula that was mutually
acceptable. Peru and Congo expressed concern about
negotiations without preconditions established by UNSC
resolutions. Peru asserted that direct negotiation under the
UNSC would not have a positive outcome, "because the solution
of independence is unacceptable to Morocco and no one wants
to pressure Morocco."


6. There was a general consensus for a six-month MINURSO
mandate renewal. Japan cautioned, however, that it was "not
acceptable for MINURSO to continue indefinitely without the
prospect of a solution." The UK stressed its concern about
the human rights situation, expressing support for the Human
Rights Commission's planned trip to the region, and stating
that "at a minimum" a reference to this visit should be
included in the resolution. While France welcomed the Human
Rights Commission visit, the PermRep simply urged Morocco to
be transparent regarding human rights.
BOLTON