United Nations Security Council Resolution 1204 – Western Sahara

Resolution 1204 (1998)

The Security Council,

Recalling all its previous resolutions on the question of the Western Sahara,

Reiterating its commitment to assist the parties to achieve a just andlasting solution to the question of the Western Sahara,

Reiterating also its commitment to the holding without further delay of a free, fair and impartial referendum for the self-determination of the people of the Western Sahara in accordance with the Settlement Plan, which has been accepted by the two parties,

Welcoming the report of the Secretary-General of 26 October 1998(S/1998/997) and the observations and recommendations contained therein,

Welcoming also the stated intentions of the Government of Morocco and the POLISARIO Front to cooperate actively with the United Nations Mission for the Referendum in Western Sahara (MINURSO) in implementing the proposals contained in the report,

1. Decides to extend the mandate of MINURSO until 17 December 1998;

2. ^Welcomes paragraph 4 of the report of the Secretary-General, regardingthe protocol relating to the identification of those presenting themselves individually from tribes H41, H61 and J51/52, the protocol relating to the appeals process, the memorandum pertaining to the activities of the Office of the United Nations High Commissioner for Refugees (UNHCR) in the region, and an outline of the next stages of the Settlement Plan, and calls on the parties to agree to this package of measures by mid-November 1998 in order to allow positive consideration of further stages in the settlement process;

3. Notes the intention of the UNHCR to forward to the parties soon aprotocol relating to the repatriation of refugees, and supports efforts in thisregard;

4. Welcomes also the agreement of the Moroccan authorities to formalize the presence of the UNHCR in the Western Sahara, and the agreement of the POLISARIO Front to resume pre-registration activities in the refugee camps, and requests both parties to take concrete action to enable the UNHCR to carry out the necessary preparatory work for the repatriation of Saharan refugees eligible to vote, and their immediate families, according to the Settlement Plan;

5. Notes with regret the constraints on the operational capability of the MINURSO engineering support unit, calls for a prompt conclusion of status-of-forces agreements with the Secretary-General which is an indispensable prerequisite for the full and timely deployment of MINURSO-formed military units and recalls that pending the conclusion of such agreements, the model status-of-forces agreement dated 9 October 1990 (A/45/594), as provided for in GeneralAssembly resolution 52/12 B, should apply provisionally;

6. Supports the intention of MINURSO to start publishing the provisionallist of voters by 1 December 1998, as proposed by the Secretary-General, andsupports also the proposed increase in staff of the Identification Commissionfrom 18 to 25 members, and the increase also in the necessary support personnel,in order to strengthen the Commission and enable it to continue working withutmost rigour and impartiality with a view to keeping to the proposed timetable;

7. Requests the Secretary-General to report to the Council by 11 December 1998 on the implementation of this resolution and on the progress of the implementation of the Settlement Plan and the agreements reached between the parties, and to keep the Council regularly informed of all significantdevelopments and, as appropriate, on the continuing viability of the mandate of MINURSO;

8. Decides to remain seized of the matter.

Adopted by the Security Council at its 3938th meeting,on 30 October 1998.