UNITED NATIONS
Security Council

Distr.
GENERAL

original PDF formate

S/1994/819
12 July 1994

ORIGINAL: ENGLISH

THE SITUATION CONCERNING WESTERN SAHARA

Report by the Secretary-General


I. INTRODUCTION

1. The present report is submitted to the Security Council in
pursuance of Council resolution 907 (1994) of 29 March 1994. It is
divided into six main sections. Sections II and III provide an
update on the activities of the military and the civil police
components of the United Nations Mission for the Referendum in
Western Sahara (MINURSO) since my reports of 10 and 21 March 1994
(S/1994/283 and Add.1 and Add.1/Corr.1). Sections IV and V cover
all other subsequent developments. Section VI contains my
observations and recommendations.


II. MILITARY ASPECTS

2. As of 30 June 1994, the military component of MINURSO, headed by
the Force Commander, Brigadier-General Andre Van Baelen (Belgium),
totalled 242 personnel, comprising 223 military observers and 19
military support personnel, as follows:

(a) Military observers and headquarters personnel
Argentina 4
Austria 4
Bangladesh 7
Belgium 1
China 20
Egypt 9
France 30
Ghana 4
Greece 1
Guinea 1
Honduras 14
Ireland 9
Italy 6
Kenya 10
Malaysia 6
Nigeria 1
Pakistan 4
Poland 2
Russian Federation 27
Switzerland 1
Tunisia 9
Uruguay 15
United States of America 29
Venezuela 9
Total 223
(b) Military support personnel
(i) Movement control: Honduras 2
(ii) Medical Unit: Switzerland 9
(iii) Clerical: Ghana 8
Total 19
Grand total 242

3. Pending the fulfilment of the conditions necessary for the
commencement of the transitional period in accordance with the
settlement plan (S/21360 and S/22464 and Corr.1), the military
mandate of MINURSO remains restricted to monitoring and
verifying the cease-fire. Accordingly, the deployment of the
military component of MINURSO continues to be limited to
military observers and the necessary military support personnel.

4. Both parties have continued to support the cease-fire,
which has been in effect since 6 September 1991. During the
reporting period, only one cease-fire violation was observed,
and this was related to an unauthorized movement of a Royal
Moroccan army convoy.

5. During the reporting period, a military observer from
Uruguay was injured during a patrol in Mahbas subsector when
his vehicle ran over a mine. An investigation is being
conducted.

6. In my report of 10 March 1994, I advised the Security
Council that the Governments of Australia, Canada and
Switzerland - which provided the signals, movement control and
medical units respectively - had informed me of their intention
to withdraw these units from MINURSO between May and June
1994. In addition, the Government of Canada had indicated that
it also intended to withdraw its military observers at the same
time. I informed the Security Council that a number of Member
States had been approached for replacement units, and I am
pleased to report that the necessary arrangements for the
replacement of these support units have been made.
7. The Australian signals contingent withdrew from the mission on
20 May 1994. The communications duties performed by the contingent
have been taken over by military observers. Nine additional
military observers have been deployed to MINURSO for this purpose.

8. While the main elements of the Swiss medical unit withdrew from
the Mission on 18 June 1994, the Government of Switzerland has kept
a small medical team of 10 personnel in the Mission until the
arrival of the replacement medical unit. The replacement unit will
be provided by the Republic of Korea and is scheduled to begin
deployment by the middle of August 1994.

9. The Canadian contingent withdrew from the Mission on 29 June
1994. The Canadian movement control unit is being replaced by
civilian staff. Two Honduran military personnel are also attached
to this section.

10. When the transitional phase of the settlement plan is initiated,
it will be necessary for MINURSO's communications and movement
control elements to be replaced by full military support units.



III. CIVIL POLICE

11. During the reporting period, there have been no changes either
in the number or the composition of the civilian police. The
Security Unit of MINURSO is still composed of 26 police officers,
including the Police Commissioner, Colonel Jurgen Friedrich Reimann
(Germany):

Austria 6
Germany 5
Malaysia 5
Togo 5
Uruguay 5

Total 26

12. Activities of the civil police are linked to those of the
Identification Commission and will expand as the work of the
Commission increases. Current responsibilities include 24-hour
security at centres in Laayoune (Western Sahara), Tindouf (Algeria)
and Zouerate (Mauritania), where sensitive documentation is kept,
coordination of logistics related to the Commission's work and other
technical and physical support as appropriate.

13. In pursuance of Security Council resolution 907 (1994), the
civil police component of MINURSO will be strengthened by 29
additional personnel, 24 of whom are scheduled to be deployed to the
Mission by the end of July. These additional police officers will
facilitate the anticipated expanded activities of the Identification
Commission.

IV. PREPARATORY WORK FOR THE IDENTIFICATION AND
REGISTRATION
OF POTENTIAL VOTERS

Consultations in pursuance of Security Council resolution 907 (1994)

14. In its resolution 907 (1994), the Security Council agreed to the
course of action outlined in option B of my report of 10 March 1994
(S/1994/283). In this course of action, the Identification
Commission would analyse all applications received and proceed with
the identification and registration of potential voters by 30 June
1994 on the basis of the compromise proposal of the
Secretary-General on the interpretation and application of the
criteria for voter eligibility, the terms of reference of the
Identification Commission and the relevant provisions of the
settlement plan. The Council supported my intention to continue
efforts to obtain the cooperation of both parties and urged strict
compliance with the timetable of option B, with a view to holding
the referendum by the end of 1994.

15. On 15 March 1994, I appointed the Chairman of the Identification
Commission, Mr. Erik Jensen, as Deputy Special Representative. In
conformity with the plan, the Deputy Special Representative is in
charge of the Mission during any absence of my Special
Representative from the Mission area.

16. Upon the adoption by the Security Council of resolution 907
(1994), the Deputy Special Representative requested urgent meetings
with both parties to discuss implementation of that resolution.
During the first week of April, and again on 25 and 26 April, he met
in the Tindouf area with Secretary-General Mohamed Abdelaziz and
other senior officials of the Frente Popular para la Liberacion de
Saguia el-Hamra y de Rio de Oro (Frente POLISARIO). During the
second week of April, he met in Rabat with Mr. Driss Basri, the
Moroccan Minister of the Interior and Information. In the course of
these meetings, each party agreed to implement the provisions of
resolution 907 (1994). Mr. Basri further agreed that Morocco would
open additional offices to enable the Saharan population in all
parts of Laayoune, as well as Smara, Boujdour and Dakhla, to
complete application forms for participation in the referendum. The
Frente POLISARIO confirmed their agreement in a letter to the Deputy
Special Representative dated 30 April 1994, in response to a letter
he had addressed to the two parties on 27 April. In a letter to me
dated 20 May 1994, His Majesty King Hassan II reiterated the
commitment of the Government of Morocco to respect the deadlines set
by the Security Council.

17. During May 1994, the Deputy Special Representative held at Rabat
a series of consultations with the Minister of the Interior and
Information and Mr. Abdellatif Filali, Prime Minister and Minister
for Foreign Affairs of Morocco, regarding procedural, legal and
logistical matters. He was received in audience by His Majesty King
Hassan II, who assured him of his full support and renewed the
commitment of his Government to the referendum process. The Deputy
Special Representative met several times again in the Tindouf area
with the POLISARIO Coordinator with MINURSO and other officials to
discuss various relevant issues.

18. In Algiers, the Deputy Special Representative met with Mr.
Mohamed Salah Dembri, Minister for Foreign Affairs, and Mr. Mohamed
Haneche,
Secretary-General of the Ministry for Foreign Affairs. He was
assured of the commitment of the Government of Algeria to a peaceful
and lasting solution to the long-standing problem of Western
Sahara. In Nouakchott, he was received by the President of
Mauritania, Mr. Maaouya Ould Sid'Ahmed Taya, who gave his agreement
to the opening of offices for the distribution and receipt of
application forms. It was agreed that these offices, identified
with United Nations flags and insignia, could open in the population
centres of Nouadhibou and Zouerate, where Saharans were known to be
living.

19. From 26 to 30 June 1994, the Special Representative and his
Deputy held further meetings at Rabat and Algiers. The Special
Representative was received in audience by His Majesty King Hassan
II. At Algiers, the Special Representative and his Deputy held
consultations with the Secretary-General of the Ministry of Foreign
Affairs and also met with officials of the Frente POLISARIO.

Procedures relating to the identification and registration of
potential voters

20. During the reporting period, application forms were provided to
the parties, as requested, for distribution to potential voters. As
requested by the Deputy Special Representative in a letter dated 27
April 1994, both sides began delivering completed application forms
to the Identification Commission in
May 1994 to enable it to analyse the data received and start
identifying and registering potential voters in early June, in
accordance with its provisional calendar of work submitted to the
parties on 5 May. As of 4 July 1994, about 55,000 completed forms
had been collected in the Territory, over 18,000 in the Tindouf area
and over 3,000 in Zouerate. Of the applications received, about
20,000 have so far been processed by MINURSO staff especially
assigned and trained for this purpose. The Commission expects to
receive additional completed forms in the coming weeks.

21. In preparation for voter registration and identification, the
Identification Commission staff have been thoroughly briefed on the
criteria and documentation required to ascertain voter eligibility,
and have undergone intensive training in the computer software to be
used for identification purposes. Numerous simulations were
conducted to alert staff to the required procedures and possible
difficulties in the voter identification and registration process.

22. Clear procedures and guidelines have been developed to assist
the identification teams in their work. The sheikhs and official
observers, i.e. representatives of the two parties and the
Organization of African Unity (OAU), will be provided with written
instructions defining their duties. Information sheets will also be
given to applicants, explaining the identification process step by
step.

23. After having been photographed and fingerprinted, each applicant
will appear before the identification team, which, in the presence
of the relevant sheikhs and the official observers, will question
the applicant concerning his or her identity and eligibility. Each
applicant will be asked to submit the original of any document in
his or her possession that may establish his or her identity and
eligibility. The sheikhs, as appropriate, will be allowed to
examine such documents. They will be asked to take an oath under
which they will swear to the truthfulness of any testimony they
give. They will also be asked to sign a statement summarizing their
testimony concerning each applicant. In conformity with its mandate
(see S/26185, annex II), the Commission is empowered to take final
eligibility decisions. The Commission members will review the
evidence and testimony provided at the interview and will
communicate a final decision concerning identification and
eligibility in due course. The written information sheets given to
each applicant will inform the applicants of their respective rights.

24. In accordance with the settlement plan, the official observers
will be invited to submit to the Identification Commission any
comments in writing, within 24 hours of the interview. These
comments will be confidential and will not be communicated to the
other party or to the sheikhs.

25. Once decisions have been made on voter eligibility, the
Identification Commission will publish a voters' list and applicants
will then receive their voter's registration card from the centres.
Applicants who do not appear on the voters' list have the right to
appeal the Commission's decision. Similarly, persons on the list
have the right to challenge the inclusion of persons they do not
believe qualified.

Announcement of the launching of the identification process

26. On 1 June 1994, the Deputy Special Representative announced the
launching of the identification process, after the two parties had
agreed on two tribal subfractions with which to start and on the
relevant sheikhs to assist the Commission in determining the
identity and eligibility of applicants members of those
subfractions. Arrangements were also agreed upon for the travel,
security and accommodation of the sheikhs concerned, as well as the
representatives of the parties who were to observe the process. As
agreed in exchanges of letters between the Special Representative
and the Government of Morocco, Frente POLISARIO and the Government
of Algeria between May and October 1993, it was understood that, in
the performance of their duties with the Identification Commission,
the sheikhs and observers of the parties were accorded immunities
and privileges under articles VI and VII of the Convention on
Privileges and Immunities of the United Nations.

27. The Identification Commission was scheduled to start identifying
and registering potential voters on 8 June, simultaneously at
Laayoune and the El-Aiun refugee camp in the Tindouf area. In
conformity with the plan, the Commission was to undertake its work
with the assistance of the tribal chiefs (sheikhs) and in the
presence of observers of the two parties and OAU. However, the
question of the designation of OAU observers could not be resolved
in time to enable the Commission to start as scheduled.

The question of observers from the Organization of African Unity

28. It will be recalled that in the settlement proposals of the
Secretary-General of the United Nations and the Chairman of OAU
(S/21360, paras. 26 and 39), the referendum is to be organized and
conducted by the United Nations, in cooperation with OAU, during a
transitional period. The OAU representatives
are to be invited by the Special Representative to observe the
organization and conduct of the referendum, without prejudice to his
authority as provided for in the settlement proposals and plan.
Under the plan (S/21360, para. 46), they are to be associated with
the process throughout as official observers who may submit their
observations at any stage to the Special Representative for his
consideration and such action as he deems appropriate. In
particular, they will participate, as appropriate, in the work of
the Identification Commission and the Referendum Commission of
MINURSO.

29. Pursuant to the settlement plan and Security Council resolution
809 (1993) of 2 March 1993, the Special Representative invited, in a
note verbale dated 28 May 1993, the then Chairman of OAU, President
Abdou Diouf of Senegal, to appoint two representatives of OAU as
official observers of the work of the Identification Commission. In
a note verbale dated 3 August 1993, the Executive Secretary of OAU
to the United Nations informed the Special Representative of the
designation, on instructions from the OAU Chairman, of two OAU
secretariat officials as observers to the Identification
Commission. At the request of the OAU secretariat, the Special
Representative provided general modalities for the participation of
OAU in the implementation of the settlement plan on 5 August 1993
and specific modalities for their participation in the work of the
Identification Commission on 22 October 1993.

30. In a letter to me dated 19 August 1993, the Minister for Foreign
Affairs of Morocco noted that the OAU observers had been designated
from among officials of the secretariat of an organization which, in
admitting the "pseudo SADR" as a member, had already prejudged the
outcome of the referendum. He said Morocco would acquiesce in the
participation of OAU only if the latter adopted "a rational position
with regard to the right of the populations of Western Sahara for
self-determination, by at least suspending the participation of the
'pseudo SADR' in the activities of the OAU". He added that, "on the
other hand, Morocco would not object to the designation by His
Excellency President Hosni Mubarak of Egypt of personal
representatives to follow, in his name, the work of the
Identification Commission in conformity with the relevant provisions
of the settlement plan".

31. On 2 June 1994, a note verbale from MINURSO advised Morocco and
the Frente POLISARIO in New York of the imminent start of the
identification and registration process and the participation of the
two designated OAU observers in the process. The parties were also
advised that these observers would be accorded immunities and
privileges in accordance with articles VI and VII of the Convention
on Privileges and Immunities of the United Nations. In a note
verbale dated 11 June 1994, the Frente POLISARIO accepted the status
conferred on the OAU observers. In a letter to me dated 8 June, the
Prime Minister of Morocco confirmed Morocco's agreement to the
immunities and privileges accorded by the United Nations to the OAU
observers. He reiterated, however, that these observers should be
designated personally by the current Chairman of OAU and stressed
that they should not be officials of the OAU secretariat.
Questioning the impartiality of OAU, he said the latter "could not
claim any participation in the organization of the referendum" if it
"persisted in recognizing the 'so-called SADR' as a member and thus
as an 'independent State' exercising its 'sovereignty' over the
territory". He said Morocco had hoped that OAU would, at the very
least, have suspended membership of the "Sahrawi Arab Democratic
Republic (SADR)" until completion of the referendum. He noted,
however, that during consideration by the Security Council of recent
resolutions, the OAU secretariat had, in Morocco's view, attempted
to hinder rather than facilitate the implementation of the plan. In
response to a note verbale from MINURSO dated 8 June 1994, the
Frente POLISARIO accepted on 11 June the status conferred on the OAU
observers. The leadership of the Frente POLISARIO subsequently
stressed that the identification operation could only begin with an
OAU presence.

32. In letters dated 17 June 1994 addressed to the Minister for
Foreign Affairs of Tunisia and the Secretary-General of OAU, I drew
the attention of President Ben Ali and Mr. Salim Ahmed Salim to the
position of Morocco on the question of OAU observers and forwarded
its Prime Minister's letter to me of 8 June 1994. Under the
circumstances and in order not to delay further the beginning of the
identification and registration process, I invited President Ben
Ali, in his capacity as current Chairman of OAU, to designate his
representatives as soon as possible, in consultation with OAU
Secretary-General Salim Ahmed Salim. I stressed that, at this
crucial stage in the process, the continued cooperation and support
of OAU was more important than ever to the success of the
operation. On 8 July 1994, I contacted Minister for Foreign Affairs
of Tunisia Ben Yahia to request a speedy settlement of that problem,
which was, in the final analysis, of a rather marginal nature.
However, the problem had not yet been settled at the time of the
preparation of the present report.


V. OTHER ASPECTS RELEVANT TO THE FULFILMENT OF
THE SETTLEMENT PLAN

33. In its resolution 907 (1994) the Security Council also requested
me to report on other aspects relevant to the fulfilment of the
settlement plan. In this context, it may be useful to recall the
main elements of the plan as described in my predecessor's report of
18 June 1990 (S/21360). During the transitional period, the United
Nations is to organize and conduct a referendum in the Territory to
enable the people of Western Sahara to choose between independence
and integration with Morocco. To this end, there is to be a
cease-fire followed by an exchange of prisoners of war, a reduction
in the Moroccan troops in the Territory and confinement of the
combatants of both sides to specific locations. In order to ensure
that the necessary conditions exist for the holding of a free and
fair referendum, the United Nations will monitor other aspects of
the administration of the Territory, especially the maintenance of
law and order. Following the proclamation of an amnesty, political
prisoners will be released. All laws or regulations which might
impede the holding of a free and fair referendum will be suspended
as deemed necessary. All refugees and other Western Saharans
resident outside the Territory who wish to return will be enabled to
do so by the United Nations, after the latter has established their
right to vote.

34. An overview of these main elements of the plan, and activities
undertaken or to be undertaken accordingly, is provided below.
Authority of the United Nations

35. In the settlement proposals of the Secretary-General of the
United Nations and the current Chairman of OAU (S/21360, part I), to
which Morocco and the Frente POLISARIO agreed in principle in August
1988, the two parties recognized that sole and exclusive
responsibility for the organization and conduct of the referendum
was vested in the United Nations. They had thus accepted that the
Organization would have the authority to take the legislative and
administrative steps necessary to accomplish that purpose.
Accordingly, my predecessor issued on 8 November 1991 general
regulations governing the organization and conduct of the referendum
(S/26185, annex III), which essentially embody the relevant
provisions of the settlement proposals, and I promulgated on 26
April 1993 the mandate of the Identification Commission of MINURSO
(ibid., annex II).

36. As provided for in the plan (S/21360, paras. 47 (a) and 58), my
Special Representative, acting under my authority and, as necessary,
on instructions from and in consultation with me, has sole and
exclusive responsibility over all matters with regard to the
organization and conduct of the referendum. The above regulations
authorize the Special Representative, and relevant components of
MINURSO acting with his consent, to issue rules and instructions,
consistent with the regulations, which give detailed effect to the
regulations. The regulations, rules and instructions will provide
the fundamental basis for the organization and conduct of the
referendum and will thus, to the extent of their incompatibility,
prevail over existing laws or measures in force in the Territory.


Transitional period

37. As may be recalled, the transitional period was to begin on
"D-Day", with the coming into effect of the cease-fire on 6
September 1991. However, the start of the transitional period and
D-Day have had to be postponed during the past three years as a
result of delays in the completion of preparatory work, which were
caused by fundamental differences over interpretation of the
settlement plan, in particular the criteria for eligibility of
voters. While the Frente POLISARIO has accepted the criteria
enunciated by my predecessor in his report of 19 December 1991
(S/23299), it has maintained its reservations on some key provisions
of my compromise proposal concerning the interpretation and
application of the criteria (S/26185, annex I). The POLISARIO
leadership has nevertheless agreed that the Identification
Commission should proceed with the identification of potential
voters as requested by the Security Council in its resolution 907
(1994).

38. On the assumption that the Identification Commission will soon
be able to proceed with the identification and registration of
potential voters as requested by the Security Council in its
resolution 907 (1994), and that the Council subsequently decides to
hold the referendum, it is my intention to recommend in my next
report that the transitional period should start on 1 October 1994
and end with the proclamation of the results of the referendum,
which should take place on 14 February 1995, as proposed in the
revised timetable annexed to the present report.
Exchange of prisoners of war

39. The settlement proposals and plan provide for an exchange of
prisoners of war under the auspices of the International Committee
of the Red Cross (ICRC). Since the inception of MINURSO, the
Special Representative has kept ICRC informed of the situation
concerning Western Sahara. ICRC held recent consultations with the
two parties on preliminary steps towards the fulfilment of its
mandate. It is my earnest hope that further sustained efforts will
enable ICRC to ensure the release of all prisoners of war from both
sides as soon as possible after 1 October 1994.

Reduction of Moroccan troops in the Territory

40. As stated in paragraph 14 of my predecessor's report of 19 April
1991 (S/22464 and Corr.1), Morocco had undertaken to reduce its
troops in the Territory to a level not exceeding 65,000, all ranks,
within a period of 11 weeks from the coming into effect of the
cease-fire on D-Day. My predecessor had accepted this as an
appropriate, substantial and phased reduction in accordance with the
settlement proposals. Should the Security Council decide, on the
basis of my next report, that D-Day will be on 1 October 1994, I
will then recommend that the reduction of Moroccan forces in the
Territory should be completed not later than 15 December 1994.

Confinement of troops to designated locations

41. Paragraph 15 of document S/22464 states that, in accordance with
paragraph 56 of document S/21360, all remaining Moroccan troops will
be located in static or defensive positions along the sand wall,
with the limited exceptions mentioned in that paragraph. All will
be monitored by the military observers of MINURSO, who will be
collocated with Moroccan subsector headquarters on the sand wall and
with the support and logistics units remaining elsewhere in the
Territory. The military observers will conduct extensive patrols by
land and air to ensure observance of the cease-fire and the
confinement of the Moroccan troops to the designated locations.
They will also monitor the custody of certain arms and ammunition.

42. As regards Frente POLISARIO troops, the plan states that the
Special Representative will, in accordance with the settlement
proposals, designate the locations to which they will be confined,
with their arms, ammunition and military equipment. They will be
monitored by the military observers of MINURSO, who will be deployed
at each of the designated locations (S/22464, para. 16). In that

regard, the Governments of Algeria and Mauritania have indicated
their readiness to cooperate with the Special Representative
(S/21360, para. 57). It is my intention to take a final decision on
the matter shortly before 1 October 1994, bearing in mind the
consultations held by the former Special Representative in 1991 and
any further views which I may seek from the two parties and the
neighbouring countries on this question.

Release of political prisoners and detainees

43. As provided for in the plan (S/21360, paras. 33 (b) and 70), the
Special Representative will, in cooperation with the parties and
with the assistance of
an independent jurist appointed by the Secretary-General, take steps
to ensure the release of all Saharan political prisoners and
detainees before the beginning of the referendum campaign, so that
they can participate freely and without restriction in the
referendum. To this end an amnesty will be proclaimed as the first
stage. Any difference concerning the release of political prisoners
or detainees will be settled in a manner satisfactory to the Special
Representative.

44. Mr. George Abi Saab (Egypt), who was appointed independent
jurist by my predecessor, undertook preliminary research work on the
question in 1991. Efforts will be pursued with the parties to
ensure that, following the proclamation of an amnesty as soon as
possible after 1 October 1994, all Saharan political prisoners or
detainees will be released well before the referendum campaign
begins on 25 January 1995, as proposed in the timetable below.

Suspension of laws which might impede a free and fair referendum

45. Under the plan (S/21360, paras. 33 (a) and 71), the Special
Representative is to ensure, before the beginning of the referendum
campaign, that the authorities involved suspend any law or measure
which, in his judgement, could obstruct the conduct of a free and
fair referendum and which would not otherwise be superseded by the
regulations, rules and instructions referred to in paragraph 58 of
document S/21360. Preliminary work on this question was undertaken
by the Office of the Special Representative in early 1992. I expect
to have this work completed before 15 December 1994, in accordance
with the timetable annexed to the present report.

Organization of the referendum

46. The plan provides for the establishment of a referendum
commission, to assist the Special Representative in the organization
and conduct of the referendum. The functions of the Referendum
Commission, which include measures for the referendum campaign and
the actual conduct of the referendum, are specified in paragraphs 63
to 66 of document S/21360 and further detailed in paragraphs 25 to
31 of document S/22464. As required by the plan, I shall issue
terms of reference for this Commission in due course. The
Referendum Commission will absorb appropriately qualified staff of
the Identification Commission, upon completion of the latter's tasks
of identification and registration in November 1994.

47. As may be recalled, both parties accepted my predecessor's
proposal to establish a code which would govern their conduct and
behaviour and that of their supporters during the referendum
campaign. The purpose of the code of conduct is to ensure that,
while there is freedom of political campaign, there will also be a
consequent responsibility placed on all concerned to accept others'
freedom to campaign (see S/22464, para. 28). Further to that
proposal, the Office of the Special Representative prepared a draft
code of conduct in early 1992. It is my intention to finalize this
draft in the coming weeks in consultation with the parties.

48. As stated in paragraph 30 of document S/22464, an adequate
number of polling stations will be established throughout the
Territory in order to give
all eligible Western Saharans the opportunity to vote in the
referendum. Voting will take place only in the Territory. The
precise locations of the polling stations will be determined on the
basis of the data collected during the registration of voters, as
well as existing population centres and areas where returning
Western Saharans will have been located.

Return of refugees, other Western Saharans and members of the Frente
POLISARIO entitled to vote

49. The modalities for the repatriation of those Western Saharans
who are identified as eligible to vote in the referendum and who
wish to return to the Territory to do so, are described in document
S/21360 (paras. 33 (c) and (d) and 72-74) and further detailed in
document S/22464 (paras. 34-36). The Office of the United Nations
High Commissioner for Refugees (UNHCR) is to be responsible for the
repatriation programme, which forms an integral part of the MINURSO
operation and is to be carried out in accordance with the mandate of
UNHCR. Its task will be threefold: to ascertain and record the
repatriation wishes of each Western Saharan as he or she is
registered as a voter by the Identification Commission; to issue the
necessary documentation to the members of his or her immediate
family; and to establish and manage, in cooperation with MINURSO,
which will provide security, the reception centres that will be
established in the Territory for the returning Western Saharans.

50. It is intended that repatriation will begin shortly after
completion of the work of the Identification Commission, i.e. on 15
December 1994, and will be completed immediately before the
beginning of the referendum campaign on 25 January 1995. As
indicated in paragraph 36 of document S/22464, UNHCR will thereafter
maintain a presence in the Territory, as necessary, in order to
fulfil its monitoring role for returnees, in accordance with its
internationally accepted responsibilities.

The referendum and proclamation of its results

51. Under the plan (S/21360, paras. 47 (j) and 75 and 76), the
referendum should be held 24 weeks after D-Day and its results
should be proclaimed within 72 hours. The Special Representative
will have the authority to determine whether circumstances require
any alteration in these deadlines. If the decision is for
independence, the withdrawal of all remaining Moroccan troops will
begin within 24 hours and will be completed within 6 weeks. The
withdrawal will be monitored by the Military Unit of MINURSO. If
the decision is for integration with Morocco, the demobilization of
any Frente POLISARIO troops who have not returned to take part in
the referendum will begin within 24 hours of the proclamation of the
result and will be completed within 4 weeks, under the monitoring of
the Military Unit of MINURSO. As soon as the results of the
referendum have been proclaimed, the Special Representative will
begin to reduce United Nations personnel in Western Sahara. The
Special Representative and his remaining civilian and military staff
will complete their withdrawal as soon as possible after all the
tasks assigned to them by the Security Council have been
satisfactorily carried out.

52. It is my intention to formulate in due course detailed
modalities for giving effect to the above provisions of the plan.
VI. OBSERVATIONS

53. During the reporting period, the Identification Commission
focused its efforts on achieving the agreement and cooperation of
both parties in order to proceed with the identification of
potential voters. As a result, the Commission succeeded in
completing, with the cooperation of the parties, all the necessary
groundwork for launching the process. However, it could not start
the identification operation because of the difficulty over the OAU
observers described in paragraphs 28 to 32 of the present report.

54. In order to overcome this difficulty, I have held extensive
consultations with the current Chairman and the Secretary-General of
OAU and with other interested parties. I shall continue to make
every effort to ensure that observers chosen by the current Chairman
of OAU arrive in the Mission area as soon as possible to enable the
Identification Commission to start the identification and
registration of potential voters, as requested by the Security
Council in its resolution 907 (1994).

55. Meanwhile, the Identification Commission has collected a total
of over 75,000 completed application forms, of which 20,000 have so
far been processed and analysed. The Commission intends to set 31
August 1994 as the deadline for receipt of applications. As all the
necessary procedural, logistical and technical arrangements have
been made to enable the Commission to start identifying and
registering potential voters, any further delays in launching this
operation will obviously result in considerable waste of resources.

56. As indicated in paragraph 38 of this report, it would be my
intention to recommend that the transitional period should start on
1 October 1994 and that the referendum should take place on 14
February 1995, should the Security Council decide on the basis of my
next report that the referendum should be held in fulfilment of the
settlement plan.

57. If the timetable in the annex to this report is to be
implemented, the question of the OAU observers will have to be
resolved as soon as possible in order to permit the identification
operation to begin this month or in August at the latest. The
interview process will be complicated and time-consuming. In this
unprecedented experience involving a tribal nomadic society, it is
impossible to predict the number of applications to be processed and
to determine with accuracy the time required for the identification
and registration of potential voters and for appeals procedures.
According to the best estimates provided by MINURSO, the
Identification Commission would require at least 40 teams of three
to four members each to be able to complete its tasks in November
1994.

58. As regards other aspects relevant to the fulfilment of the plan,
it is my intention, in the forthcoming weeks, to give priority to
the conclusion of a code of conduct and the confinement of troops in
designated locations, among other questions raised in section V of
the present report. Arrangements for the confinement of each
party's combatants would require Member States to be willing to
provide MINURSO with the military personnel needed.
59. On the basis of the above considerations, I intend to submit to
the Security Council a final progress report before the end of
August 1994, in pursuance of Council resolution 907 (1994).

Annex

Proposed timetable for fulfilment of the United Nations
Mission in Western Sahara

- July-August 1994: The Commission begins to identify the
persons qualified to participate in the referendum and to
register them as eligible voters, upon presentation and
verification of evidence establishing their identity and
eligibility to vote. The Commission also announces
arrangements for the appeals process.

- Before 1 October 1994: The Special Representative
designates locations for the confinement of POLISARIO
combatants; initiates discussions with the two parties about
a code governing their conduct and that of their supporters
during the referendum campaign; and, with the assistance of
the independent jurist appointed by the Secretary-General,
makes preliminary arrangements for the release of political
prisoners or detainees. The International Committee of the
Red Cross makes preliminary arrangements for the release of
prisoners-of-war.

- 1 October 1994: The transitional period begins. The
combatants of the two sides are confined to designated
locations. All MINURSO units (except infantry battalion,
200 CIVPOL officers and some UNHCR and referendum personnel)
are deployed to the Mission area.

- As soon as possible after 1 October 1994: Prisoners-of-war
are exchanged. Amnesties for political prisoners and
detainees and for returnees are proclaimed; all political
prisoners or detainees are released.

- November 1994: The remaining 200 CIVPOL officers are phased
in. The infantry battalion (700) and additional UNHCR
personnel are deployed to the Mission area. The
Identification Commission completes the identification and
registration of voters. The Secretary-General approves and
publishes the final list of voters.

- Not later than 15 December 1994: The reduction of Moroccan
forces in the Territory is completed. All laws or measures
that could obstruct the conduct of a free and fair
referendum are suspended.

- 15 December 1994: The repatriation programme begins. The
paramilitary units in the existing police forces are
neutralized.

- 25 January 1995: The repatriation programme is completed.
The referendum campaign begins. Additional polling staff
are deployed to the Territory.

- 14 February 1995: The referendum campaign ends and the
referendum takes place. The results are proclaimed. The
withdrawal of MINURSO personnel begins.

- March 1995: MINURSO's monitoring responsibilities arising
from the referendum results are completed.