AMERICAN BAR ASSOCIATION (ABA) ENDORSES HISTORIC RESOLUTION ON WESTERN SAHARA
On August 9, 2022 the American Bar Association(ABA), the largest and one of the most respected associations of attorneys in the United States with thousands of members throughout the country, issued a far-reaching resolution upholding the rights of the people of Western Sahara under international law. Among other things, the resolution, which follows, urges the President to rescind former President Trump's declaration that the United States would recognize Morocco's sovereignty over Western Sahara and take steps to include the monitoring of human rights violations in the mandate of the U.N.'s peacekeeping mission in Western Sahara. It also urges Congress to refuse to authorize any financial or military aid to Morocco until Morocco improves its human rights record in Western Sahara and grants the people of the territory the option of independence. Finally, it urges Congress to take steps to ensure that United States' businesses do not engage in transactions in Western Sahara contrary to principles of international law and that products from Western Sahara are not permitted to be imported into the United States contrary to such principles.
RESOLUTION TEXT:
RESOLVED, That the American Bar Association urges the President of the United States to support the right of the people of Western Sahara to self-determination under the principles of UN General Assembly Resolution A/RES/1514 (XV), the Charter of the United Nations, and international law by:
1. Rescinding the “Proclamation on Recognizing the Sovereignty of the Kingdom of Morocco Over The Western Sahara” issued by President Donald Trump on December 10, 2020, and withdrawing the United State government’s recognition of Morocco’s sovereignty over Western Sahara.
2. Urging Morocco, through all available diplomatic channels, to grant the people of Western Sahara self-determination and to adhere to principles of international law by:
(a) allowing the people of Western Sahara to choose freely whether to establish an independent state or agree to incorporation within Morocco;
(b) allowing the people of Western Sahara to freely express their support for independence or a referendum to determine the status of the territory;
(c) affirming the right of the people of Western Sahara to the enjoyment of their natural resources and their right to dispose of those resources in their best interest as affirmed in UN General Assembly Resolution A/RES/61/123; and
(d) using the resources of the territory of Western Sahara only with the permission of the people of Western Sahara and if such use principally benefits such people as required by applicable international law principles.
3. Continuing the policy of excluding products from Western Sahara from the U.S. – Morocco Free Trade Agreement.
FURTHER RESOLVED, That the American Bar Association urges the members of Congress to adopt policies and measures that are consistent with principles of international law by:
(a) ensuring that any humanitarian or military aid to Morocco included in appropriations or other bills passed by Congress is conditioned on Morocco’s removal of restrictions on the free speech or movement of the people of Western Sahara, its willingness to permit journalists free access to Western Sahara, and its willingness to accept a solution that would include the option of independence for the territory; and
(b) passing legislation in Congress that would ensure that all importations from Western Sahara as well as business between United States entities and Western Sahara comply with international law principles concerning the use of resources of Non-SelfGoverning Territories; and
FURTHER RESOLVED, That the American Bar Association urges the President of the United States to have the U.S. Ambassador to the United Nations support in the United Nations Security Council the expansion of the mandate of the U.N. Mission for Western Sahara (MINURSO) to monitor human rights violations in both Western Sahara and the Polisario camps and to introduce a resolution in the United Nations Security Council to that effect.