United Nations Security Council Resolution 2440 – The situation concerning Western Sahara

Resolution 2440 (2018)

The Security Council,

Recalling and reaffirming all its previous resolutions on Western Sahara,

Reaffirming its strong support for the efforts of the Secretary-General and his Personal Envoy to implement resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), 1979 (2011), 2044 (2012), 2099 (2013), 2152 (2014), 2218 (2015), 2285 (2016), 2351 (2017), and 2414 (2018),

Expressing full support for the Secretary-General’s Personal Envoy for Western Sahara, former President Horst Köhler of Germany, and welcoming the engagement of the parties and neighboring states with him in his efforts to facilitate direct negotiations,

Welcoming the decision by the Personal Envoy to hold an initial roundtable meeting in Geneva on December 5–6, 2018, to take stock of recent developments, address regional issues, and discuss the next steps in the political process on Western Sahara,

Further welcoming the decisions of Morocco, the Frente Polisario, Algeria and Mauritania to accept the invitation of the Personal Envoy to participate in a roundtable meeting in Geneva on December 5–6, 2018, without preconditions and in good faith, and welcoming consultations between the Personal Envoy and Morocco, the Frente Polisario, Algeria and Mauritania in this regard,

Reaffirming its commitment to assist the parties to achieve a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect,

Reiterating its call upon the parties and the neighboring states to cooperate more fully with the United Nations and with each other, to strengthen their involvement in the political process and to achieve progress towards a political solution,

Recognizing that achieving a political solution to this long-standing dispute and enhanced cooperation between the Member States of the Maghreb Arab Union would contribute to stability and security, in turn leading to jobs, growth and opportunities for all the peoples in the Sahel region,

Welcoming the efforts of the Secretary-General to keep all peacekeeping operations, including the United Nations Mission for the Referendum in Western Sahara (MINURSO), under close review and reiterating the need for the Council to pursue a rigorous, strategic approach to peacekeeping deployments, and effective management of resources,

Recalling its request of the Secretary-General to ensure that data related to the effectiveness of peacekeeping operations, including peacekeeping performance data, is used to improve analytics and the evaluation of mission operations, based on clear and well identified benchmarks, and emphasizing the need to regularly evaluate MINURSO’s performance such that the mission retains the skills and flexibility needed to effectively carry out its mandate,

Recalling resolution 2242 (2015) and its aspiration to increase the number of women in military and police contingents of United Nations peacekeeping operations,

Recognizing the important role played by MINURSO on the ground and the need for it to fully implement its mandate, including its role in supporting the Personal Envoy to achieve a mutually acceptable political solution, and welcoming the Personal Envoy’s visit to MINURSO headquarters and Western Sahara,

Expressing concern about the violations of existing agreements, and in this regard welcoming the Secretary-General’s assessment on 3 October 2018 that no major threats to the ceasefire have been recorded,

Taking note of the assurances provided by the Frente Polisario to the Personal Envoy not to move administrative structures to the territory as well as its commitment to fulfill its obligations with respect to the buffer strip at Guerguerat, in line with resolution 2414 (2018), and recognizing that full adherence by the Frente Polisario to these commitments will help sustain momentum in the political process,

Taking note of the Moroccan proposal presented on 11 April 2007 to the Secretary-General and welcoming serious and credible Moroccan efforts to move the process forward towards resolution; also taking note of the Polisario Front proposal presented 10 April 2007 to the Secretary-General,

Encouraging in this context, the parties to demonstrate further political will towards a solution including by expanding upon their discussion of each other’s proposals and recommitting to UN efforts in a spirit of realism and compromise, and further encouraging the neighboring countries to make contributions to the political process,

Encouraging the parties to cooperate further with the United Nations Office of the High Commissioner for Refugees in identifying and implementing confidence-building measures that can serve to foster the trust necessary for a successful political process,

Stressing the importance of improving the human rights situation in Western Sahara and the Tindouf camps, and encouraging the parties to work with the international community to develop and implement independent and credible measures to ensure full respect for human rights, bearing in mind their relevant obligations under international law,

Encouraging the parties to continue in their respective efforts to enhance the promotion and protection of human rights in Western Sahara and the Tindouf refuge e camps, including the freedoms of expression and association,

Welcoming in this regard, steps and initiatives taken by Morocco, and the role played by the National Council on Human Rights Commissions operating in Dakhla and Laayoune, and Morocco’s interaction with Special Procedures of the United Nations Human Rights Council,

Strongly encouraging enhancing cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR), including through facilitating visits to the region,

Noting with deep concern the continued hardships faced by Sahrawi refugees and their dependency on external humanitarian assistance, and further noting withdeep concern insufficient funding for those living in Tindouf refugee camps and the risks associated with the reduction of food assistance,

Reiterating its request for consideration of a refugee registration in the Tindouf refugee camps and emphasizing efforts be made in this regard,

Recalling United Nations Security Council resolutions 1325 and 2250 and related resolutions; stressing the importance of a commitment by the parties to continue the process of negotiations through the United Nations-sponsored talks and encouraging the full, effective and meaningful participation of women and active and meaningful participation of youth in these talks,

Recognizing that the status quo is not acceptable, and noting further that progress in negotiations is essential in order to improve the quality of life of the people of Western Sahara in all its aspects,

Affirming its full support for Special Representative of the Secretary-General for Western Sahara and Head of MINURSO Colin Stewart,

Having considered the report of the Secretary-General of 3 October 2018(S/2018/889),

1. Decides to extend the mandate of MINURSO until 30 April 2019;

2. Emphasizes the need to achieve a realistic, practicable and enduring political solution to the question of Western Sahara based on compromise and the importance of aligning the strategic focus of MINURSO and orienting resources of the United Nations to this end;

3. Expresses its full support for the intention of the Secretary-General and his Personal Envoy to initiate a renewed negotiations process before the end of 2018; notes that invitations to an initial roundtable meeting in Geneva on 5 and 6 December 2018 were sent on 28 September 2018, welcomes that Morocco, the Frente Polisario, Algeria, and Mauritania have responded positively, and encourages them to work constructively with the Personal Envoy, in the spirit of compromise, throughout the duration of this process to ensure a successful outcome;

4. Calls upon the parties to resume negotiations under the auspices of the Secretary-General without preconditions and in good faith, taking into account the efforts made since 2006 and subsequent developments with a view to achieving a just, lasting, and mutually acceptable political solution, which will provide for the self-determination of the people of Western Sahara in the context of arrangements consistent with the principles and purposes of the Charter of the United Nations, and noting the role and responsibilities of the parties in this respect;

5. Invites Member States to lend appropriate assistance to these talks;

6. Reaffirms the need for full respect of the military agreements reached with MINURSO with regard to the ceasefire and calls on the parties to adhere fully to those agreements;

7. Calls upon the parties to respect their relevant obligations and assurances, and refrain from any actions that could undermine UN-facilitated negotiations or further destabilize the situation in the Western Sahara, and further calls on the Frente Polisario to fully adhere to its commitments to the Personal Envoy with respect to Bir Lahlou, Tifariti, and the buffer strip at Guerguerat;

8. Calls upon all parties to cooperate fully with the operations of MINURSO, including its free interaction with all interlocutors, and to take the necessary steps to ensure the security of as well as unhindered movement and immediate access for the United Nations and associated personnel in carrying out their mandate, in conformity with existing agreements;

9. Emphasizes the importance of a renewed commitment by the parties to advancing the political process in preparation for a fifth round of negotiations, recalls its endorsement of the recommendation in the report of 14 April 2008 (S/2008/251) that realism and a spirit of compromise by the parties are essential to achieve progress in negotiations, and encourages the neighboring countries to make important, active contributions to this process;

10. Calls upon the parties to show political will and work in an atmosphere propitious for dialogue in order to advance negotiations, thus ensuring implementation of resolutions 1754 (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), 1979 (2011), 2044 (2012), 2099 (2013), 2152 (2014), 2218 (2015), 2285 (2016), 2351 (2017), and 2414 (2018) and the success of negotiations;

11. Requests the Secretary-General to brief the Security Council on a regular basis, and at any time he deems appropriate during the mandate period, to include within three months of this mandate’s renewal and again prior to its expiration, on the status and progress of these negotiations under his auspices, on the implementation of this resolution, challenges to MINURSO’s operations and steps taken to address them, expresses its intention to meet to receive and discuss his briefings and in this regard, further requests the Secretary-General to provide a report on the situation in Western Sahara well before the end of the mandate period;

12. Reaffirms its support for the development of a comprehensive and integrated performance policy framework that identifies clear standards of performance for evaluating all United Nations civilian and uniformed personnel working in and supporting peacekeeping operations, and calls on the United Nations to apply this framework to MINURSO, requests the Secretary-General to seek to increase the number of women in MINURSO, as well as to ensure the meaningful participation of women in all aspects of operations;

13. Urges the parties and neighboring states to engage productively with MINURSO as it further considers how new technologies can be used to reduce risk, improve force protection, and better implement its mandate;

14. Encourages the parties to cooperate with the Office of the United Nations High Commissioner for Refugees to identify and implement confidence -building measures, including to engage women and youth, and encourages neighboring states to support these efforts;

15. Urges Member States to provide new and additional voluntary contributions to fund food programmes to ensure that the humanitarian needs of refugees are adequately addressed and avoid reductions in food rations;

16. Requests the Secretary-General to continue to take all necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troop-contributing countries to take preventive action including predeployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel;

17. Decides to remain seized of the matter.

Adopted by the Security Council at its 8387th meeting, on 31 October 2018.