UN Resolution on Western Sahara Fails to Guarantee Self-Determination, HRW Says

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UN Security Council Resolution on Western Sahara Sparks Debate Over Self-Determination

(Beirut) – A United Nations Security Council resolution regarding the disputed territory of Western Sahara has drawn criticism for potentially undermining the right to self-determination for the Sahrawi people and lacking consistency with international law, according to Human Rights Watch. The resolution, adopted on October 31, 2025, primarily endorses Morocco’s 2007 autonomy proposal as a basis for resolving the decades-long dispute.

Background of the Dispute

The conflict over Western Sahara dates back to 1975, when Spain withdrew from the territory. Morocco subsequently asserted its sovereignty over the region, while the Polisario Front, representing the Sahrawi people, declared the Sahrawi Arab Democratic Republic and sought full independence. This led to an armed conflict that continued until a ceasefire was brokered by the UN in 1991. The ceasefire was monitored by the UN Mission for the Referendum in Western Sahara (MINURSO), which was tasked with organizing a referendum allowing Sahrawis to choose between independence and integration with Morocco. However, the referendum never materialized due to disagreements over voter eligibility and the inclusion of an independence option.

The armed conflict resumed in 2020, further complicating the situation. Western Sahara remains one of the world’s most protracted, unresolved conflicts, originally brought to the UN in 1963 as a decolonization issue.

Resolution 2797 and its Implications

UN Security Council Resolution 2797, sponsored by the United States, aims to achieve a “just, lasting, and mutually acceptable resolution” to the dispute, affirming the right to self-determination for the people of Western Sahara. However, critics argue that the resolution’s exclusive endorsement of Morocco’s 2007 autonomy proposal—which does not include independence as an option—falls short of upholding this right. The resolution also does not address reparations for past harms or clearly define who constitutes the “people of Western Sahara” with the right to self-determination.

The 2007 Moroccan proposal suggests devolving a degree of autonomy to the region under Moroccan sovereignty, while retaining control over key areas like national security and foreign affairs. Several states, including the United States, Senegal, and Kenya, have recognized Morocco’s sovereignty claim over Western Sahara.

Concerns Regarding Self-Determination and International Law

Human Rights Watch emphasizes that the right to self-determination, enshrined in the UN Charter and international human rights law, requires that any resolution genuinely reflect the free and informed will of the Sahrawi people. The International Court of Justice (ICJ) has affirmed that self-determination can be exercised through independence, free association with another state, or integration with an independent state.

The organization also points out that Moroccan authorities have historically obstructed groups advocating for self-determination in Western Sahara, suppressing opposition and violating the rights of activists. International humanitarian law applies in the territory due to the ongoing armed conflict and Morocco’s occupation, obligating Morocco to uphold its obligations under international human rights law.

The Situation of Sahrawi Refugees

Currently, approximately 173,000 Sahrawi refugees reside in remote camps near Tindouf, Algeria, administered by the Polisario Front. The UN considers Western Sahara a non-self-governing territory, and its status remains unchanged despite recognition of Moroccan sovereignty by some countries. The African Union recognizes the Sahrawi Arab Democratic Republic as a member state, viewing the situation as a decolonization issue.

Reactions to the Resolution

The Polisario Front has categorically rejected the UN resolution, stating that it violates the territory’s decolonization status and undermines the UN peace process. Algeria also expressed its dissatisfaction, arguing that the resolution fails to reflect the legitimate aspirations of the Sahrawi people. In contrast, the European Union has aligned its position with the resolution, supporting negotiations based on Morocco’s autonomy proposal.

Looking Ahead

The UN Security Council should uphold the right to self-determination and ensure that any outcome reflects the genuine will of the Sahrawi people. Any revised proposal by Morocco should also address the Sahrawi’s right to reparations for harm suffered since 1976, including compensation and the right of return for displaced individuals and their descendants. The international community faces the challenge of balancing political expediency with the fundamental rights of the Sahrawi people as it seeks a lasting resolution to this long-standing conflict.

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