Petitioners in Fourth Committee Paint Mixed Picture of Life in Non-Self-Governing Territories, Presenting Diversity of Views on Way Forward
Speakers painted a harrowing picture of deprivation and distress on the ground and also offered glimmers of hope today as the Fourth Committee (Special Political and Decolonization) heard from a broad range of representatives and petitioners on behalf of Non-Self-Governing Territories.
Fabian Picardo, Chief Minister of Gibraltar, and Cynthia Ligeard, President of New Caledonia, addressing the Committee, cited the progress made by their respective territories towards ensuring self-determination, while also pointing to challenges ahead.
Petitioners from both territories reflected a breadth of sentiments, with those from New Caledonia representing voices in favour of full independence, as well as for continued association with the administering Power. Echoing comments by Mr. Picardo, a petitioner for Gibraltar added that young Gibraltarians wondered why Spain, despite being a vibrant democracy and responsible international stakeholder, did not support their aspirations for self-determination. “Gibraltarians, no matter how long it takes, would keep pressing their right to be recognized as a people who were free to choose their own destiny,” he said.
A petitioner from French Polynesia underscored the long-term environmental and health risks from France’s now-discontinued nuclear testing, while another insisted on greater global action to force the administering Power to meet its international obligations.
The bulk of today’s petitioners spoke on Western Sahara, reflecting a diversity of views on existing realities and on the ways ahead. One speaker held Frente Polisario mainly responsible for the persistent deadlock, especially amid the absence of freedom to choose, adding that Morocco, while not blameless, deserved a fair hearing on its proposal for a settlement.
Another petitioner from Algeria, criticizing Morocco’s effort to skirt its international responsibilities, said vulnerable people, including children, were being victimized merely for seeking their legitimate rights.
A speaker said she came to the United Nations as a spokesperson and woman to plead the cause of the Saharan people, both at a psychological and humanitarian level, while another stressed the role of self-reliance and personal responsibility in removing the “victim mentality” that fostered hatred and resentment. Yet, another petitioner called for concerted action to prevent further destabilization of the region.
The session opened with a statement by the representative of Spain, who, reaffirming his Government’s support for the general principle of decolonization, said “colonialism by consent” was unacceptable as it sought to perpetuate itself regardless of United Nations criteria.
Following him was the representative of Papua New Guinea, who emphasized that the millions of people living under the intolerable yolk of colonialism must not be left behind as a new sustainable development paradigm was formulated for the decades ahead. Referring specifically to New Caledonia, he said leaders there needed to use their positions wisely to fulfil the people’s aspirations, while the international community should address major concerns over the electoral process.
The representatives of the United Kingdom and Spain exercised their right of reply.
The Fourth Committee will meet again at 3 p.m. on Thursday, 9 October, to continue hearing petitioners on Western Sahara.
Background
The Fourth Committee (Special Political and Decolonization) met this afternoon to continue consideration of decolonization issues, for which it was scheduled to hear from representatives of Non-Self-Governing Territories and petitioners. For further background, see Press Release GA/SPD/554 of 7 October.
Statements
JOSÉ JAVIER GUTIÉRREZ BLANCO NAVARRETE (Spain), reaffirming his Government’s support for the general principle of decolonization, said “colonialism by consent” was unacceptable as it sought to perpetuate itself regardless of United Nations criteria. He added that Spain did not cede territorial waters, and thus, could not be accused of “illegal incursions” by Britain. Spain would not accept the perpetuation of the present situation. He called for a solution that included restitution of territory transferred by the Treaty of Utrecht of 1713, as well as areas later illegally occupied by the United Kingdom.
While insisting that the interests of the population of Gibraltar must be taken into account, he said Gibraltar could not be a party in the dialogue on sovereignty between Spain and the United Kingdom, which he called the only two competent parties in that regard according to the established principles of the United Nations. He maintained that unilateral and provocative actions taken by the Gibraltarian local authorities, which inconvenienced inhabitants while the administering Power stood idly by, made it even more urgent to put an end to the colonial situation. It was necessary to achieve a political solution that took into account the particularities of the case through bilateral negotiation with the United Kingdom.
ROBERT GUBA AISI (Papua New Guinea) said that the millions of people living under the intolerable yolk of colonialism must not be left behind as a new sustainable development paradigm was formulated for the decades ahead. Respect for self-determination of all peoples was recognized by the United Nations as paramount. The stalling process had renewed a sense of urgency on the matter. He called for sustained efforts to make self-determination a living reality for New Caledonia through an inclusive process that led to a durable settlement. He added that New Caledonian leaders needed to use their positions wisely to fulfil the people’s aspirations.
He said there was major concern over the electoral process in New Caledonia that should be addressed ahead of the scheduled referendum by everyone, including the administering Power, in the interest of a fair and transparent outcome. Lauding France’s cooperative spirit on the self-determination of the territory, he called for greater efforts for the dissemination of information on developments there. It was also crucial to ensure that migration of people into the territory did not undermine the interests of the indigenous people, he added.
Petitioners on the Question of Gibraltar
FABIAN PICARDO, Chief Minister of Gibraltar, cited a report from the office of the Deputy Chief Minister of Gibraltar that gave details on what he called “politically motivated queues, artificially created by the Spanish Government” that affected 10,000 Spanish and European citizens crossing the border between Gibraltar and Spain for work every day. He said that there had been 245 “illegal” incursions by Spanish vessels into what he labelled British Gibraltar territorial waters, the de facto value of which was to assist the Spanish Government to claim sovereignty of the waters around Gibraltar. Spain had turned down the chance to issue a claim on the waters at the International Tribunal of the Law of the Sea in 1966, but was now prosecuting a case by illegal incursions.
Stating that gangs in the Strait of Gibraltar were transporting cannabis and cocaine from North Africa into Spain, he requested the Spanish government to cooperate with Gibraltar on law enforcement. Gibraltar, he said, would stick to the jurisdiction of territorial waters as defined by the map of the 1982 United Nations Convention on the Law of the Sea, as well as the United Nations designation of sovereign rights.
Spain, he said, wished to take over the sovereignty of Gibraltar, but “does not even allow for the consent of the people of Gibraltar to be expressed”. However, he maintained, the people of Gibraltar were the “only relevant decision makers” in regard to their self-determination. Gibraltar would like to work with national, regional and municipal authorities to promote business opportunities in the Bay of Gibraltar, transforming it into an “arc of prosperity” for both sides. Calling for political reconciliation, he proposed ad hoc talks with the United Kingdom in parallel with the trilateral forum, in order to kick-start dialogue.
RICHARD BUTTIGIEG of the Self-Determination of Gibraltar Group requested the international community’s support for the realization of Gibraltar’s right to self-determination. He said young Gibraltarians wondered why Spain, despite being a vibrant democracy and responsible international stakeholder, did not support their aspirations. Gibraltarians, no matter how long it took, would keep pressing their right to be recognized as a people who were free to choose their own destiny. The rights of all people, no matter how small, to live in freedom and dignity must be respected, he stressed.
Petitioners on the Question of New Caledonia
CYNTHIA LIGEARD, President of the Government of New Caledonia, said that responsibility-sharing was not self-evident, nor had there been a convergence of common desires. Following the elections of 11 May, the transfer of competency and genuine autonomy were progressing rapidly, including in the areas of civil and commercial law, education and civil security. The March 1999 emancipation process had now covered all of the competencies due to be transferred. Nevertheless, the tension persisted. Caledonian citizenship could not be built on exclusion. “We need to find a dignified path,” she added. Cultural values must be allowed to flourish, and “bridges” between common law and customary law needed to be built. The fiscal system was rebuilt, and two months after the Government’s installation, efforts were made to improve cost of living and better distribute wealth. The Government had undertaken efforts for “social insertion”. Additionally, a global transport scheme was being finalized. The triple identity of French, Indonesian and Polynesian had been recognized, she said, voicing hope for sharing a common future.
DANIEL GOA, Front de Liberation Nationale Kanak et Socialiste, said the Kanak people were determined to exercise their right to self-determination. However, he said, the road was difficult because of electoral fraud, illegal exploitation of natural resources and other activities of the administering Power. He urged the United Nations to initiate mediation with France on eliminating colonialism.
ROCH WAMYTAN, UC-FLNKS and Nationalists Group, explaining his organization’s decision to boycott the 1984 elections, sought conditions for a free and fair vote that would truly reflect the aspirations of the people. Activities such as liquidation of independence leaders and illegal settlement of migrants had made New Caledonia’s Kanak people minorities in their own country. The time had come to ask the United Nations for official mediation with France to ensure that the 2018 election took place in optimal conditions.
PHILIPPE DUNOYER, Pour Caledonie Ensemble, speaking at the United Nations for the first time on behalf of people advocating against independence, said efforts should be accelerated to integrate the people of New Caledonia, instead of fostering divisions. The road to full emancipation could be traversed only through the participation of all stakeholders in New Caledonia and should include all options, ranging from independence to association.
Petitioners for French Polynesia
MANUTAHI TEMARU OSCAR, Tavini Huiraatira, UPLD, recalled that, just after the re-inscription of French Polynesia on the United Nations list of Non-Self-Governing Territories on 17 May, thousands of people moved through villages of Tahiti to commemorate that event, which allowed them to start the process of self-determination, under United Nations’ auspices. He took note of the June resolution of the Special Committee on Decolonization, which recognized the inalienable right of the people to self-determination and to control their natural resources. France created a special committee on strategic minerals in which the residents of French Polynesia “have no say” and were “bound to become the powerless spectators”. Job seekers would saturate the French Polynesian job market and leave its people with the scraps. Their brothers from New Caledonia had learned that first hand when vast amounts of nickel were found. The rules, in the context of self-determination, needed to be clearly defined.
CHARLES BROTHERSON MOETAI said that, as deputy mayor of Faa’a, French Polynesia’s biggest city, he witnessed daily the unilateral definition and application of both electoral laws and organizing laws governing operations in the communes. The Code Général des Collectivités Territoriales did not consider his people’s needs, while the electoral laws were defined, voted upon, updated and applied unilaterally from Paris, without local consent. French Polynesia was under the United Nations decolonization process, which obliged administering Powers to prepare territories for full self-government, consistent with international law. However, the administering Power had not transmitted information on the territory this year, pursuant to its Charter obligations. He called on the United Nations to visit the territory.
RICHARD ARIIHAU TUHEIAVA, Tavini Huiraatira, No Te Ao Maohi, FLP, referring to the relevant United Nations reports, including on environmental health and the impact of nuclear testing, said he was disappointed that the last report had been published “strategically”, as the people of the territory were deprived of a chance to provide their views. A 1996 International Atomic Energy Agency (IAEA) study said the impact of nuclear testing on the people was negligible, yet the testing in the area involved one of the largest release of radioactive materials. It had been 17 years since France’s last nuclear test, but the people were still living with the legacy of hundreds. There were long-term health and environmental effects, he said, drawing attention to an independent expert scientific report on nuclear testing, which Member States would find useful. He requested the United Nations’ assistance in connection with the impact of nuclear testing.
Petitioners for Western Sahara
ERIC CAMERON, World Action for Refugees, spoke of the abysmal human rights situation in the camps. He said the Frente Popular para la Liberación de Saguia el-Hamra y de Río de Oro (Frente Polisario) was mainly responsible for the persistent deadlock, especially amid the absence of freedom to choose. Morocco was not blameless either, he said, adding that the country had nevertheless undergone changes in recent times. Morocco had forwarded a proposal for a settlement and the Frente Polisario should allow the Saharan population to make their voice heard on the matter.
ANDREW M. ROSEMARINE said Morocco’s 2007 autonomy proposal offered the best solution to the Moroccan Saharan dispute. It was “fair, flexible and far-sighted”, as it combined a large degree of self-determination for Saharans with an emphasis on negotiations. Parties could tailor their claims to their needs. Further, Saharans could run their affairs democratically through legislative, executive and judicial bodies, as well as have the financial resources for the region’s development. Morocco could be trusted to deliver on those issues.
ANDREA MARGELLETTI, President, Center for International Studies, reflected on the war in Mali and the uprising of the Islamic State in Iraq and the Levant/Sham, illustrating two common points: the socioeconomic marginalization and its transformation to Jihad; and the support of tribal and clan networks that had found in extremism a chance to make their voices heard. The same threat to global stability in the Middle East could occur in North Africa and in the Sahel. Before becoming military, those crises were primarily social and political, and in that context, he said respect for human rights and the promotion of self-determination appeared to be the way towards national reconciliation. That could be the response to many African geopolitical scenarios. However, only compromise with Governments and a common agenda between the parties would lead to a full and mature realization of mutual goals.
NANCY HUFF, Teach the Children International, said that, as the world engaged in shuttle diplomacy, people on the ground continued to suffer. Self-reliance and personal responsibility would go far towards removing the “victim mentality” that fostered hatred and resentment. Victims would continue to search for ways to prove they were victims, even by manufacturing them. The Morocco Saharans stood by and watched while their counterparts in Tindouf voiced their self-imposed exile cry that they were victims of their conflict. When the Saharans learn to take responsibility for their situation and start to improve their lives, they would begin to heal and would reach out in peace to their brothers and sisters. The world must give Morocco’s proposal a chance to grant autonomy to Western Sahara.
SMAIL DEBECHE, Algerian National Committee of Solidarity with Western Sahara People, said that no United Nations member recognized Morocco’s occupation of Western Sahara. Morocco was against any meaningful progress for a free, fair and transparent referendum, having violated international law in the exploitation of resources and military oppression in the occupied territory. The people of Western Sahara were waiting for the United Nations to put into action its resolutions and decisions for self-determination and a referendum. Morocco had no claim to sovereignty over Western Sahara, he said, noting that the Moroccan proposal for self-autonomy in itself was a recognition that the people of Western Sahara had their own identity.
GALE SHERRILL, Common Ground Ministries, urged the world’s intelligent and reasonable people to help to relocate the Saharan people from the camps in Algeria to homes in Morocco. The United Nations should focus its money and talent on ending the unreasonable confinement and containment of Saharans in Algeria. Morocco had opened the door to their return and the United Nations should do its utmost to foster the process for the sake of the people; it was common sense.
DONNA SAMS, Antioch Community Church, requested assistance for the Saharan people in Tindouf, as well as in Morocco, citing prevalent reports that education in the camps had declined. Each year the United Nations delayed a decision on Western Sahara, the children in the camps suffered, with many going without an education. She urged the United Nations to become a key player in building schools, so that education was available to every child in the camps. As for the Frente Polisario practice of allowing only one family member at a time to participate in United Nations confidence-building measures, she said visits were termed “family visits”, and as such, entire families should be allowed to participate in a single visit.
MHAND BERKOUK, Algerian Foundation for Strategic and Security Studies, said Morocco had unlawfully occupied Western Sahara for 39 years, underlining that no international organization recognized its sovereignty. Africa had been “intransigent” in defending the right of the Saharan people to independence and emancipation, with the Organization of African Unity having recognized the “Sahrawi Arab Democratic Republic” as a member since the early 1980s. Yet, Morocco continued with extra-judicial killings and torture, and “generous” spending on its military to quell the Saharan’s peaceful struggle for independence. Such moves could push disillusioned Saharan youth towards armed resistance. United Nations Mission for the Referendum in Western Sahara (MINURSO) should be enabled to organize a referendum for self-determination and equipped with a legal instrument to monitor human rights violations. The Security Council should adopt a resolution pressing Morocco to be more proactive in negotiations with Frente Polisario.
JEANETTE JOY HOORN called for concerted action to prevent further destabilization of the Sahel region. Algeria faced challenges from terrorism, which risked radicalizing the refugee camps. Already beset by environmental degradation, poverty and malnutrition, the Sahel was now threatened by terrorist groups, as well as arms and drug traffickers. Weak and porous borders had exacerbated the instability, and poorly functioning markets had made households vulnerable. The international community should build a regional platform to address the challenges, given their magnitude. Morocco’s efforts in that direction had been recognized by the United Nations and should be encouraged.
ALI SAHEL, National Association for Youth Exchange, said the Saharan people were having a difficult time, with young people suffering painful consequences and an uncertain fate. It was important to find a solution. The hopes prompted by the ceasefire turned out to be an illusion and the insurrection of 2010 along with other demonstrations had been repressed with bloodshed and abuse measures like torture by the Moroccan authorities. The basic needs of the population in the camps were not being met. Among other ills, there had also been a significant drop in employment among the Saharan youth. Ninety per cent left school after primary education; they took refuge in the deserts because of persecution, and were subjected to other precarious situations, all because the Moroccan occupation starved and terrorised them. That policy also aimed to implant occupation in the minds of the young people and to kill any hope of a peaceful solution.
HASSIBA BOULMERKA said she came to the United Nations to please the cause of the Saharan people, both at a psychological and humanitarian level. As a sportsperson and as a woman, she said she hoped to raise her voice against the illegal occupation by Morocco and the fostering of a referendum that would allow the people to exercise their right to self-determination. Saharan women, despite their extremely difficult circumstances, continued to practise civilized and democratic behaviour even in the camps, facing their oppression with grace and fortitude. The residents of the camps looked upon visitors with great aspiration and anticipation, she said, urging the international community to restore the Saharan’s hope and confidence in themselves and humanity.
SAID AYACHI, Algerian National Committee of Solidarity with the Sahrawi People, said all human rights violations in Western Sahara had been committed by Morocco, which had forced the Saharan people to endure arbitrary detentions, rapes and forced disappearances. In 2014 alone, some 23 foreigners, including jurists and observers from non-governmental organizations, had been brutally repressed by Moroccan police at the territory’s entrance. By signing the ceasefire agreement in 1991, the Saharan people had expressed their confidence in the United Nations, which had determined that a referendum on self-determination should be held in 1992. He called for widening the mandate of MINURSO to enforce human rights and organize a referendum as soon as possible.
BABACAR DIALLO said the Saharan-Moroccan conflict was manipulated by Frente Polisario and was a factor in the destabilization of the entire region and all countries in Africa. No international organization except the African Union recognized that. The activities of Frente Polisario, sponsored by Algeria, were a main source of destabilization in the Maghreb area and in the Sahara. Algeria must assume its responsibility and find a realistic process. The Security Council must also assume its responsibility in the conflict.
AMY KARIMI, The Pacis Group, urged action to address the needs of people in the Tindouf camps. “These persons desperately need your intervention,” she said, especially women imprisoned in unacceptable conditions for the “crime” of sexual relations outside of marriage. She urged reclassification of sex outside of marriage, as it concerned rights of women over their bodies. The Frente Polisario leadership systematically violated the rights of Saharan women and girls, some as young as 13 years old, by forcing them to marry. There had also been reports of forced pregnancy. She strongly urged the United Nations to investigate, report and take action on those matters.
ABDELHAKIM BETTACHE, Assemblee Populaire Communale d’Alger Centre, described the Fourth Committee as the principal forum to mobilize energies to ensure the respect and fulfilment of the right to self-determination. He emphasized Algeria’s stand on the full application of international law and criticized Morocco’s effort to skirt its responsibility. Vulnerable people, including children, were being victimized merely for seeking the legitimate rights, he said, urging the United Nations to force Morocco to fulfil its obligations. There was an urgent need to establish a mechanism to protect the human rights of the Saharan people.
Right of Reply
The representative of the United Kingdom, speaking in exercise of the right of reply, recalled that the sovereignty of his Government over Gibraltar and its territorial waters was recognized by the United Nations. The people of Gibraltar enjoyed the right to self-determination and their relationship with his Government could not be characterized as colonialism. The United Kingdom would not enter into a process of negotiation on sovereignty that was not acceptable to Gibraltar. The tripartite forum remained the right platform for resolving the issue and he regretted that Spain had withdrawn from the talks in 2011. The United Kingdom sought constructive movement between ad hoc officials, to fully reflect the interests and rights of the people of Gibraltar. Gibraltar’s active participation in any dialogue was non-negotiable. The United Kingdom rejected the accusation that it illegally occupied Gibraltar and its waters. A State that was sovereign over its land was sovereign over its sea, extending to three miles. He drew attention to several tax agreements and proposals of Gibraltar, to which Spain had not replied. He also highlighted the conclusions of the report of the European Anti-Fraud Office concerning cigarette smuggling over the Spain-Gibraltar border, and noted the disproportionate waiting time for workers at the border.
The representative of Spain, also speaking in exercise of the right of reply, said his delegation’s position was based on the 1713 Treaty of Utrecht. Spain did not recognize that the United Kingdom had the right to land and maritime areas, which only the city and the state of Gibraltar were accorded. Spain had no doubts about the extent of its territories, and its boats would continue to exercise their rights as they had done “since time immemorial”. The attitude of the Gibraltar authorities had been confrontational, and they had sought to prevent the Spanish fisherman from fishing. Spain was currently working with the United Kingdom on regional cooperation schemes, in a process that included the local authorities of Gibraltar.