To the honorable members of the Security Council of the United Nations
The Western Sahara Foundation, Public Law Institution, which is registered under Number 06/0119 of the Registry of Foundations (CAEx.), and in the fulfillment of its purposes, among which is the human rights of the Saharawi population, recognized and declared of Public Utility by the Spanish State, in accordance with Law 50/2002 of December 26, and before the latest events, which reproduce the situation experienced by the Saharawi people, in the non-autonomous territory, and for which Moroccan forces used indiscriminate violence against the Saharawi population, on July 19/20 and following days, including the use of real fire / firearms, water cannons, tear gas, house-to-house raids and where the occupation forces conducted kidnappings and mass arbitrary detentions including that of minors and children.
Facing the death in the early hours of July 20, the young Saharawi, 24-year-old Sabah Othman Ahmeida (Injourni), who according to all sources consulted by this Foundation, was hit by a vehicle from the Moroccan authorities, and as consequence of which suffered wounds that caused her death.
We come to denounce, the serious violations that are occurring for decades, and which are currently intensified. Moroccan authorities have deployed, and have displaced, thousands of additional members of the police, paramilitary forces and auxiliary forces to enforce the siege and repression, adding to the numerous troops of the usual occupation forces in the militarily occupied territory .
In the legal order, regarding the situation that is being experienced, and in relation to the United Nations Mission for the Referendum in Western Sahara (MINURSO), we believe that it is bound to comply with UN Resolution 690 of April 1991, which grants, as you know, to this mission “broad powers and capacities to monitor and protect the human rights of the Saharawi civilian population in the territories occupied by Morocco.” The current mandate was reduced to the ceasefire surveillance, but the current situation, and the events experienced by the unarmed civilian population, is a clear violation of the ceasefire, since civilians were and are attacked, the armed forces were deployed and the city was besieged, with very serious results, in a massive way and result of death.
We must also bring up, UNGA Resolution 48/141 which among others gives the High Commissioner for Human Rights the responsibility of playing an active role in removing obstacles and facing the challenges for the full realization of all human rights. and to prevent the continuation of human rights violations worldwide, including the NSGT of Western Sahara. Therefore must act urgently.
Likewise, UNGA has repeatedly reaffirmed its interpretation of the legal status of Western Sahara as a non-autonomous territory, including in its resolution 73/107, where UNGA reaffirms the responsibility of the United Nations towards the people of Western Sahara.
In the outline that we make denouncing this situation, the EU-Morocco agreements include human rights clauses that are being systematically and seriously violated, decided and using means and huge amounts of assets by the Moroccan state security forces to achieve those goals. This is directly attacking the guarantee of the right to self-determination of the Saharawi people and to materialize the referendum agreed in multiple resolutions, including resolution 1514 (XV).
According to the Geneva Conventions of 1949 and its Additional Protocols of 1977, which apply to this situation of non-autonomous territory, civilians and all persons who do not participate in combat cannot be subject to attacks under any circumstances. and must be saved and protected, so that the most basic principles and norms of humanitarian law are not being violated.
For all this, we request the most imminent and immediate intervention within the powers, so that this situation of violence ceases, that the unarmed civilian population of Western Sahara under Moroccan occupation is protected, and the responsibilities of the Moroccan occupation authorities are investigated , with application of the applicable regulations and the international instruments that are appliable.
José Manuel De la Fuente