YouSaid · the spoken record

LARAKI

lines on the record
242
first
1967-09-24
most recent
1976-09-24
sittings or episodes
6
sources
un-general-debate

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

  1. Morocco is convinced that it has given the International Court of Justice clear evidence of the numerous ties which unite it with Western Sahara, despite the very difficult technical circumstances which it had to cope with. There can be no doubt that one of the effects of colonization is the confiscation of history. The negligent or willful destruction of documents, their absorption into the archives of the administering Power, which, when it has to, produces only those which are favorable to it, undoubtedly do not help to serve the cause of those States which have been frustrated and are demanding compensation for that frustration. 181. Morocco, however, co-operated fully with the International Court of Justice in the performance ot its mission.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  2. In other words, Western Sahara was never a terra nullius. Furthermore, the entire political and social organization which antedated the Spanish colonization showed that it was Moroccan soil that the colonizer had usurped. In point of fact, the geographical, ethnic and cultural unity of the liberated part of Morocco and that part of it still under Spanish domination is crystal clear. The same Teknas tribes live in both parts and have always been subject to Moroccan political and administrative organization. That organization itself acquired distinctive features by being exercised over widely scattered populations, who lived a nomadic life over vast expanses of desert. 180.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  3. It will be up to our Assembly, in the light of the advisory opinion that will be handed down, to advocate specific political measures, while at the same time, however, respecting the fundamental right to territorial integrity of both Morocco and Mauritania. 179. His Majesty the King of Morocco was moved, furthermore, just before the twenty-ninth session of the General Assembly, to recall vividly how Morocco unanimously views the problem of the decolonization of Western Sahara. Spanish colonization did not involve an empty space which the colonizer settled or organized in any way. That colonization subjugated peoples who already had a political and social organization of a type which undoubtedly was appropriate to the region and the era in question and whose existence could in no wise be challenged.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  4. Of course, this so-called process of decolonization, which has furthermore been constantly deferred, has involved no negotiations with Morocco or Mauritania, parties directly concerned, and the United Nations itself has not been able to intervene, unless it be to give its blessing to decisions taken by the administering Power. It is this situation which the Moroccan and Mauritanian Governments, with the support of other Governments, forcefully denounced during the last session of the General Assembly. 178. In view of the specific character of Western Sahara, the General Assembly was induced during its last session to seek an advisory opinion from the International Court of Justice on certain legal aspects of the problem [resolution 3292 (XXIX)].

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  5. For its part, the administering Power has remained heedless of all the resolutions which have been passed previously and has obstinately aimed at a thorough distortion of the necessary conditions for their implementation. All the delays that have occurred in the process of decolonization are therefore ascribable to Spain. 177. In fact, far from promoting the liberation of the colonized peoples, Spain has endeavored to condition them by resorting particularly to the classic procedure of so-called representative assemblies. At the same time it has stepped up its military and economic control It has endeavored to turn the referendum into a tool which it can fashion according to its whim and which it can use when and how it chooses in order to elicit a predetermined response.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  6. The Government of His Majesty the King of Morocco reaffirms its rights of sovereignty over those Territories and, strengthened by the support of the overwhelming majority of the States Members of our Organization, declares itself prepared immediately to undertake negotiations with the Spanish Government. Spain cannot reject this dialog, because it is precisely the same process which it is advocating to settle the question of Gibraltar. 176. For 10 years now the General Assembly has had before it the question of the decolonization of Western Sahara. Morocco, while supporting the initiatives taken by our Organization to bring about true decolonization, has constantly maintained that Western Sahara is a fundamental part of the Moroccan nation.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  7. The Political Declaration of Lima, which defined the strategy to strengthen international peace and security and to intensify solidarity and mutual assistance among non-aligned countries, states: "Furthermore, considering the repressive acts committed by the Spanish authorities in the towns of Ceuta and Melilla, on the Jaafarines Islands and on the Rocks of Alhoceima and Velez under the Moroccan jurisdiction, the non-aligned countries express their full support for the claims of the Kingdom of Morocco to recover its territorial integrity over its towns, islands and enclaves and request Spain to enter into direct negotiations with Morocco to arrange for their immediate restitution." All0217 and Corr.l, annex, para. 43.] 175.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  8. In these circumstances, Morocco can justifiably request the support of the international community to help it achieve its own territorial integrity in the context of the application of these self-same principles. 172. In this connexion, we are indeed grateful to those States which unequivocally supported the just claims of Morocco in connexion with its Territories in the north still under Spanish domination: the towns of Ceuta and Melilla, the Jaafarines Islands and the Rocks of Velez and Alhoceima. 173. We would express our thanks to the Islamic Conference, the OAU and the Conference of Ministers for Foreign Affairs of Non-Aligned Countries held at Lima from 25 to 30 August 1975, which, in the course of this year, have given their unanimous and complete support to the just claims of my country. 174.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  9. This policy must be seen as part and parcel of the principles and declarations of our Organization. The principles, of national unity and territorial integrity are an integral part of the binding law which is the very foundation of the actions of the United Nations and the agencies affiliated with it. This, in particular, makes it possible for us to thwart all maneuvers aimed at perpetuating direct or indirect domination on the part of the colonial Powers. 170. The peoples of Zaire, Nigeria and Indonesia were able to triumph precisely over these maneuvers by seeking, through struggle and great sacrifice, to ensure their right to national unity and territorial integrity. In so doing they received the effective support of both the OAU and our Organization. 171.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  10. Since its partial decolonization in 1956, the Kingdom of Morocco has constantly worked beside all the liberation movements which are struggling against colonialism and has been actively involved in the work of the liberation committee of the Organization of African Unity [OAU\. 167. May 1 recall that the OAU has had fresh life breathed into it since the Assembly of Heads of State and Government of the OAU held at Rabat from 12 to 15 June 1972; furthermore, it has now become commonplace to speak of the "spirit of Rabat". 168. Faithful as it is to the same policy. Morocco is supporting the efforts of the third-world countries to strengthen their sovereignty and to defend their integrity against any attempts at disintegration or divisiveness. 169.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  11. The time has come for all to tum this gloomy page of history marked by fratricidal struggle and to turn boldly towards the future and fully shoulder the new responsibilities incumbent upon them in order to build a stable State with a prosperous economy for the benefit of their peoples. The Kingdom of Morocco is fully prepared to make its contribution to the effort of national reconstruction which will have to be immediately undertaken in Angola. 165. I referred just now to Territories still under colonial domination. The Western Sahara is precisely a part of those Territories, 166.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  12. The Kingdom of Morocco is resolved to pursue its action in order to bring about the total liberation of Africa and to eliminate all forms of racial discrimination from that continent. I should like here to express our regret that a number of countries continue to co-operate with racist regimes, thus helping to consolidate their economies and their capacity to repress indigenous populations. 163. In referring to the problems of our continent, I should like to express the deep distress which we experience in learning each day of the events which afflict Angola at a time when it is on the eve of its accession to independence. My country urgently appeals to the national movements, each one of which is aware of the patriotic spirit and sacrifices made during their liberation struggle, to put an end to their internecine quarrels. 164.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  13. Thus, the Conference recognized that the cultural and economic ties and the imperative need for security on both sides of the Mediterranean legitimized the interest of Morocco and other coastal countries in security and the development of good relations throughout the region. 161. The changes occurring in Portugal have brought about a noteworthy acceleration of the process of decolonization in Africa. But it is intolerable that other Territories are still subject to colonialism or still endure the odious system of racism and apartheid. The continuation of this situation involves the grave risks of tension and conflict in our continent and constitutes a serious threat to international peace and security. 162.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  14. Acting on the premise that security in Europe and the restoration of peace in the Mediterranean are indivisible, the Conference on Security and Cooperation in Europe sought, to a certain point, to take due account of the concerns expressed by the non- participating Mediterranean countries. 159. We regret, however, that the Conference did not include the coastal Mediterranean countries, which, quite obviously, are vitally concerned by most of the problems which it discussed. 160. Nevertheless, we took note of the fact that the participant Stales proclaimed their intention to maintain and to broaden the dialog which has been started with the other coastal countries in order to contribute to peace, to the reduction of armed forces in the area, and to the broadening of co-operation.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  15. In so doing, the Zionist State is attempting to give the impression that even the concept of coexistence in Palestine would lack realism and objectivity. Thus, the covert action and treacherous maneuvers which ave been instigated by Israel tn Lebanon are quite definitely further proof of the unsavory role played y Israel in the Middle East. 157. The Israeli-Arab conflict, unfortunately, is not the only source of tension in the Mediterranean. The situation in Cyprus continues to divide two communities which common sense and mutual interests would prompt to a peaceful and harmonious coexistence. Morocco expresses the hope that the inter- communal talks, initiated under the auspices of the Secretary-General, may continue until a just and final solution to this painful conflict can be found. 158.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  16. Morocco, faithful to the resolution of the seventh Conference of Arab Heads of State or Government, held at Rabat in October 1974, would here solemnly restate its view that there can be no global and final solution to the question of the Middle East unless an independent Palestinian national authority is set up under the aegis of the PLO. 156. The tragedy which has been visited upon our brothers in Lebanon is only a consequence of the pernicious and diabolical Israeli designs to disrupt the unity of the Lebanese nation and to sow hatred and discord among the citizens of the same country. That is why Israel is seeking to destroy the structures of the Lebanese State, since it symbolizes understanding and harmonious and peaceful coexistence among communities professing different creeds.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  17. Resolution 3237 (XXIX) in which the General Assembly called upon the Palestine Liberation Organization [PLO] to participate in all its work and at all international conferences held under its aegis, and General Assembly resolution 3236 (XXIX) reaffirming the inalienable right of the Palestinian people in Palestine, including their right to independence and sovereignty, are both of profound political significance. They have made it possible for the Palestinian question to be transferred from the realm of charitable or humanitarian considerations to the realm to which it really belongs, that of an acute political problem which threatens international peace and security and requires of us an urgent solution. 155.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  18. It is our duty to give full effect to the resolutions adopted by our Organization. 153. Morocco and the international community cannot be indifferent to the tragedy of the Palestinian people, who, for approximately 30 years now, have been victims of international Zionism and who live scattered throughout the world. Israel stops at nothing in its attempts to destroy that people both physically and politically. But the determination of our Palestinian brothers to recover their national rights, the heroism and the abnegation they have displayed, have led to a world-wide awareness of the realities of the Palestine situation. 154.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  19. But we are disturbed to see that, despite long and arduous negotiations, and despite the good faith and positive attitude of the victim of the aggression, Israel continues to occupy approximately 90 per cent of the Sinai, 151. And if such a limited result has required eight years of difficult and lengthy negotiations from the mission of Mr. Jarring, the Special Representative of the Secretary-General, right up to the numerous trips made by Mr. Kissinger, the Secretary of State of the United States, this would seem to indicate that the Middle East will continue under the threat of an explosive situation, endangering international peace and security in a way involving incalculable political, economic, and human consequences. 152. We must, therefore, remain vigilant. This is the price of peace.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  20. The occupation of the holy city of Jerusalem, the east bank of the Jordan, the Golan Heights, and the major part of the Sinai peninsula constitutes a telling illustration of Israel's policies of annexation and expansionism. 149. Morocco supports all the efforts which are being made to achieve a global, just and lasting solution to the Middle East problem. We would reiterate that such a solution cannot consist only of the total evacuation of the occupied territories and the holy city of Jerusalem, but necessarily implies the unequivocal recognition of the national rights of the Palestinian people. 150. Recent initiatives in the Middle East undoubtedly introduce a new element into the efforts made to bring about the evacuation of occupied Arab territories.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  21. Israel continues to occupy vast territories belonging to three States Members of our Organization, despite the unanimous condemnation of the international community which was reflected in the numerous resolutions adopted by both regional organizations and international bodies, and in particular by the United Nations. In spite of universal disapproval, Israel continues its murderous raids against Arab countries and does not balk at using the most destructive type of weapons even against civilian populations, 147. While our Organization has been equal to its responsibilities in condemning such criminal acts, we see with indignation that the resolutions adopted in this connexion have remained ineffectual, and have merely been added to the many previous resolutions that have been passed since 1948. 148.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  22. Morocco, while affirming its total adherence to the principles contained in the Charter of Economic Rights and Duties of States, hopes, in the spirit of constructive dialog which now prevails among the members of the international community, that the misgivings expressed by certain developed countries in connexion with that Charter will be dispelled, so that the principles contained therein can be implemented in the interests of all parties. 146. The situation in the Middle East is still fraught with increasingly serious threats to world peace, despite the progress which has been recently accomplished.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  23. Consequently, it is important that the dynamic process born of the spirit of the seventh special session, as well as the political will and desire for co-operation and understanding which was characteristic of its work, should be channeled towards serving the interests and the welfare of our peoples, by means of our continuing and persistent efforts. 144. Definition of this new co-operation and strategy, it must be noted, was possible only because of the new spirit of mutual understanding and of compromise which allowed us to arrive at a broad consensus. We hardly need to stress that it cannot be implemented without other meetings to discuss formulas which will make it possible to reconcile differing viewpoints and which will help to concert interests that can hardly be regarded as conflicting. 145.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  24. This special session has thus made it possible to presage the advent of a new international economic order by means of the collective definition of specific steps all aimed at bringing about an economic institutional restructuring of international life, in order to ensure stable and equitable incomes for the developing countries, to safeguard and improve the terms of trade, to stimulate the transfer of science and technology, to stem inflation, and to inject a new morality into the international monetary system. 143.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  25. Thus, new prospects are now opening up before mankind of banishing confrontations from the international scene and devoting ourselves to broader cooperation in all fields of economic and social activity. This is the only way to achieve progressive elimination of the injustices and the inequalities which have hitherto hampered the advent of an equitable economic order that would guarantee peoples throughout the world an era of progress, peace and prosperity. 142.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  26. In the field of economic and social development, we believe that the efforts made by the international community to establish a new economic order, and the results obtained, particularly during the seventh special session of the General Assembly, constitute an important step towards the establishment of this new international economic order. 140. The seventh special session of the General Assembly has just concluded its work in an atmosphere of mutual understanding which, we venture to hope, will be a red-letter day in the history of relations among peoples. As a result, the sterility of a series of monologues has given way to the fruitful exchange of a genuinely constructive dialog. 141.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  27. In the Middle East, praiseworthy efforts have been made to restore peace. But we must confess that peace is still a long way off because the real problems have not been tackled, particularly the question of recognizing the inalienable rights, of the Palestinian people. 138. The situation is equally disquieting in Africa and, although colonialism has given ground, foreign domination persists over vast areas of territory, and racism remains one of the fundamental principles of the governments of certain States. 139.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  28. My country, which is fully aware of the long suffering which has been endured by these peoples, will continue to give them all necessary support in their development and reconstruction efforts. 135. The African continent has also scored new successes on the path to liberation through the accession of new countries to independence and national sovereignty. 136. The Conference cm Security and Co-operation in Europe, held at Helsinki last July, represents a step towards the strengthening of peace throughout the world. Its effects, however, will not make themselves fully felt in international relations unless the States signing the Final Act resolve to apply the principles adopted, not only in their mutual relations, but also in the relations which they entertain with the rest of the world. 137.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  29. It is a matter of great satisfaction for us to welcome the delegations of the People's Republic of Mozambique, the Republic of Cape Verde and the Democratic Republic of Sao Tome and Principe. My country intends to develop with those fraternal States the most extensive co-operation and the closest relations possible. 134. In the past year progress has been achieved in the establishment of a new era of peace in the world. 1 would refer first and foremost to the restoration of peace in South-Bast Asia, thanks to which the peoples of Viet Nam and Cambodia will finally be able to devote themselves to achieving the exalting work of national reconstruction.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  30. My congratulations also go to your predecessor, Mr. Abdelaziz Bouteflika. to whom it is a great pleasure for me to pay a tribute for the actions he undertook in order to ensure the success of our work during the last regular and special sessions. 132. I hope the Secretary-General will be kind enough to accept our great appreciation of and our gratitude for the tireless action he has undertaken to ensure the triumph of the principles of the United Nations in order to promote lasting peace throughout the world. 133. We extend a warm welcome to the new Members, whose admission to our Organization is the result of the long struggle they have courageously and heroically waged against colonialism.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  31. 130. Mr. President, allow me first of all to address to you the warmest congratulations of my delegation on the responsible mission the General Assembly has unanimously entrusted to you by electing you to the presidency of its thirtieth session. This choice is a proof of the esteem which the States Members of our Organization have for you. It is also the expression of a tribute they have sought through you to pay to the dynamic and constructive policies of your country in favor of international co-operation. At the same time, for us it constitutes the guarantee that our deliberations will take place in the best possible conditions of effectiveness because of your talent and your competence, and in particular because of the political open-mindedness that has always characterized your actions. 131.

    1975-09-24 · UN General Assembly · General Debate, Session 30 (1975)

  32. Our people have struggled for centuries against foreign penetration, whatever it might be, in order to safeguard their independence and the integrity of our national territory. To give but an historic example, let us recall that the fighting Ma EI Ainine, who came from the provinces of Rio de Oro and Sakiet El Hamra, undertook an armed struggle against the colonial conquerors in those provinces in order to penetrate as far north as Marrakesh in 1908. Is there a more striking historical example of the determination of the Moroccan people to preserve their national unity and territorial integrity? 214. There is a lesson which we have learned from this long struggle, similar to that drawn by other peoples under the colonial yoke: the liberation of peoples is above all accomplished by the peoples themselves.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  33. The Spanish Government is in a better position than anyone else to recognize that the proper and loyal interpretation of General Assembly resolution 1514 (XV) rests in the judicious application of the principles of decolonization and respect for the unity and territorial integrity of sovereign States. Our national territory as a whole was the subject of deeds behind its back at the end of the nineteenth century and the beginning of this century, deeds which led to the carving up of these provinces into various spheres of influence. Those deeds and other ententes cordials between colonial Powers cannot be accepted by us, as is underlined by international law and international morality. 213.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  34. The question of Gibraltar has been defined by the General Assembly as a question of the restoration of the national unity and territorial integrity of Spain and not as a question of self-determination. That is the case so far as we are concerned in the matter of the provinces of Sakiet El Hamra and Rio de Oro, because they have always been an integral part of our national territory, as history, geography, culture and language bear witness and of which proof is given by numerous international treaties. Spain is in a position to understand that what it considered to be unacceptable for Gibraltar cannot be acceptable for the two provinces of the Sahara, and for the same reason. 212.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  35. By persisting obdurately in a manner which seems to s irresponsible the Spanish Government is endangering the unity and territorial integrity of our country and threatening and jeopardizing the cause of peace and international co-operation. Resolution 1514 (XV) contains the following significant passage: "Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations." 211. May I say to the Government of Spain that I quote that passage because it has been quoted relevantly by the representative of Spain in the United Nations on the question of the restoration of Gibraltar to Spain.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  36. My Government hopes to have contributed, as a Member respectful of the Charter of the United Nations, to the clarification of the problem of the liberation of the two provinces of the Sahara and their political future. However, I also owe it to myself to say, in the most courteous yet firm manner possible, that Morocco cannot accept being faced with a fait accompli imposed by the "Spanish Government. That Government has been acting in such a way as to make final the dismemberment of our national territory and of the two provinces where the Moroccan Government has exercised sovereignty for centuries. 210.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  37. Morocco and Mauritania are bound by historic, ethnic, economic and cultural ties and their peoples and leaders are fully conscious of the fact that the fraternal links which tie the two countries and peoples ate harbingers of a future of development for both countries. 208. Basing itself on these facts, Morocco declares that Mauritania is concerned in the future of the Sahara and can surely be associated, because of its rights, with the settlement of the disputes between Morocco and Mauritania and Spain. It is in that spirit that I call upon the Government of Mauritania to associate itself with us before the International Court of Justice to obtain the advisory opinion which the Moroccan Government is seeking. 209.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  38. AH the resolutions and recommendations which have been voted concern the main question: that of knowing whether the two provinces of Sakiet El Hamra and Rio de Oro belong to a certain sovereignty and authority or whether they have been free territories, open to any occupation. My Government is firmly convinced that the members of the Assembly, particularly the peace- and justice-loving peoples, cannot remain indifferent to this last appeal launched by Morocco that international law and morality and the principles of the United Nations should prevail. 207. In the same context, may I now make the same appeal more directly to Mauritania, since we know that country is as anxious as we are to safeguard peace in the area and to undertake all measures in conformity with the Charter of the United Nations, so that law and justice may prevail.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  39. In any case the General Assembly would be in a position, on the basis of such opinion, definitively to find a solution to the political question of the future of the two provinces, Sakiet El Hamra and Rio de Oro. 205. That is why my Government has decided, in case the first procedure might not be adopted by the Spanish Government, that it should ask the General Assembly, which is in a position to do so, to seek such an opinion of the International Court of Justice. 206. The dispute which opposes us to Spain has lasted for the past 18 years and it has been on the agenda of the General Assembly for the past 10 years.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  40. If that step, taken by the parties concerned Spain and Morocco-had been adopted, the prospects of a peaceful solution of the problem of the Western Sahara would have become clearer because they would have been based upon law and equity. 204. If for one reason or another that direct method had not been adopted, we would still have requested the Court, not for an arbitrary decision, but simply for an advisory opinion on a simple matter of law. It is for the General Assembly or for the Security Council to request such an opinion, in accordance with Article 96, paragraph 1, of the Charter, and Article 65 of the Statute of the International Court of Justice. The opinion given by the International Court of Justice on, a point of law can have a considerable effect as a decision of arbitration.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  41. The Court is competent to proceed to an arbitration between the parties concerned on a purely legal matter. As Members of the United Nations, Morocco and Spain are necessarily parties to the Statute of the Court. Further, it must be added that the Charter of the United Nations lays down, in Article 36, paragraph 3, a general principle making referral to the International Court of Justice mandatory in all cases. That Article states that "... the Security Council should also take into . consideration that legal disputes should as a general ' rule be referred by the parties to the International Court of Justice". 203. The Government of Morocco sent Spain a note dated 23 September 1974 inviting it to join Morocco in submitting a request in accordance with the rules of procedure of the International Court.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  42. Or were they at the moment of occupation under the sovereignty and administration of the Moroccan State? Only the answer to that question will make it possible to give real meaning, based on law and reality , to the principles of decolonization and self-determination. This is a prior question which we are all called on to settle, and it is of an exclusively legal character. 202. Using this analysis as a starting point, and anxious to safeguard peace, His Majesty the King has once more chosen the peaceful method of settling the dispute between Morocco and Spain. In his press conference of 17 September 1974 His Majesty Hassan II proposed to submit the case to the International Court of Justice, one of the most important bodies of the United Nations.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  43. As against that attitude, there is the attitude of Morocco, which, based on its historic, legal, ethnic and cultural rights, has always considered those two Territories as being an integral part of the national Territory. That is why the Moroccan Government is determined not to accept the artificial creation on its own territory of any entity whatsoever, particularly a fictitious entity intended to maintain the colonial system. 201. The formulation of these two attitudes allows us to discern clearly the basis of the dispute between Morocco and Spain since 1956. First of all, we must answer the following question: originally, were the two Territories of the Sahara in question, as the Spanish Government claims, res nullius, or Territories without a master, and open to occupation?

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  44. We are forced, if we want to safeguard peace in this area, to study this problem once more without questioning the principles of decolonization and self-determination. We must rather give these principles real content, and apply them honestly, with regard for the particular and specific character represented by the liberation of the western Sahara. 199. In seeking to find some justification for its unilateral policy, the Spanish Government claims that the provinces of Rio de Oro and Sakiet El Hamra were originally Territories which did not fall under any sovereignty or administration. According to the Spanish Government, at the moment of colonial conquest they were res nullius, or Territories without a master, and that implies that the Spanish Government does not have to negotiate with Morocco for the process of decolonization. 200.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  45. This fictitious entity is destined to perpetuate the reality of the colonial presence, and the robbing of our country of two provinces which have always been an integral part of our Territory. That is why His Majesty the King was forced to proclaim publicly on 5 July 1974 that the patience and moderation of the Moroccan people have their limits; that our people, who have struggled, weapons in hand, for their independence and the integrity of their territory, can in no way accept a fait accompli in the two provinces which fall under our sovereignty. 198. Thus, the unilateral policy of the Spanish Government being thus revealed in its crude reality, and the position of Morocco being what it has always been since 1956, since we were" admitted to the Organization, the situation seems to be the same as at the outset.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  46. That is the significance of the information notes in documents A/9655 and A/9736, transmitted on 11 July 1974 and on 13 September 1974 respectively. Spain goes so far as to promise to give all facilities to the United Nations so that it may participate in the projected process of self-determination. But even at this stage, it is only a promise: it is up to the Spanish Government alone to fix the date for this "in due course". 197. Such mystification seems to be really going too far. The Government of His Majesty the King of Morocco is convinced that the international community cannot endorse the unilateral policy of the Spanish Government. It amounts to creating out of nothing a fictitious entity, with an active population of 22,000 persons in a Territory of 280,000 square kilometers, and an Atlantic coastline stretching for 1,500 km.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  47. This has been very clearly stated: it does not accept the principle of decolonization. It wants the Spanish administration to continue for years. Meanwhile a "statute" is being worked out for the Sahara, and will be granted by the Spanish Government without, of course, any negotiation or consultation with the United Nations or the States concerned. But as the approval of the United Nations is absolutely necessary for the consecration of this pseudo-decolonization, the Spanish Government deems the time ripe to inform the Secretary-General of its intentions* These consist of defending the people of the Sahara against designs of annexation or expansionism on the part of certain neighbors and to "guarantee ... the free and authentic expression of their wishes".

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  48. If we assume that in a population of that size only 20,000 to 22,000 are adults in other words, those who can effectively and theoretically participate in a consultation then we note that there are more than three Spanish soldiers for each potential voter. That is how the Spanish Government intends to implement the United Nations resolutions and allow the local population free expression of its wishes. 196. Moreover, once the military and police machinery was strongly entrenched, an assembly, entitled Jema'a, has been purely and simply nominated by the Spanish authorities. It is directly under the authority of the military governor. The so-called Assembly has been authorized by the Spanish Government to speak for the population of the two provinces. It alone has been authorized to express its vision of the future.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  49. Thus, it has refused all negotiations or consultations concerning the problem of sovereignty posed by these Territories; it has refused to allow the refugees who have been expelled from their homes (numbering 20,000 persons, according to the Spanish press itself) to go back home in order to participate in a possible local, popular consultation; it has refused to allow a mission from the United Nations to go to the area to check the organization of this consultation and to make sure that it takes place in an atmosphere of free expression of views. 195. An array of military, police and administrative arrangements have been set up there: thus the occupation troops today number 70,000 to 80,000, for a population of approximately 45,000 to 50,000.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)

  50. The Spanish Government throughout the years has shown how well fit $an profit to certain confusion, fed by repeated discussions and the multiplicity of motions voted upon. The same idea of this behavior is to make much play with the principles of decolonization and self-determination with the very purpose of maintaining colonial domination over and exploitation of these two provinces. Initially the Spanish Government simply disregarded the substance of the resolutions adopted. It intended, and still intends today, to act alone and according to its own wish. This is a constant factor in Spain's policy.

    1974-09-24 · UN General Assembly · General Debate, Session 29 (1974)