UNITED NATIONS
Security Council
S/1995/924
6 November 1995
ORIGINAL: ENGLISH
I have the honour to refer to the United Nations Mission for the
Referendum in Western Sahara (MINURSO) and its continuing efforts to
implement the United Nations Settlement Plan for that territory.
On several recent occasions the Security Council has expressed
concern over the slow progress in implementing the Plan and in
particular over the delays in completing the identification process.
I share that concern. The purpose of this letter is to inform the
members of the Security Council of decisions which I have taken to
accelerate identification. Both parties and the Organization of
African Unity (OAU) have been informed of those decisions.
The delays which have taken place have to a considerable extent been
due to the complexities of the procedures for identification which I
put forward in July 1993 (S/26185). Those procedures have inter alia
required that identification take place only in the presence of (a) a
representative of each of the parties, (b) a sheikh nominated by each
party and (c) an observer of the OAU. In many cases identification
has had to be suspended, or has not started, because of the absence
of one or more of these persons. The decisions described in this
letter are intended to simplify these aspects of the procedures.
Hitherto identification has taken place in the Territory and in the
camps near Tindouf and in the Tindouf area. Some work remains to be
done in those areas but most of the applicants who remain to be
considered by the Identification Commission are resident in Morocco
and Mauritania. A comprehensive effort will now be launched in all
these areas. As in the past, the parties will be invited to send
representatives to observe the proceedings at all identification
centres and to present sheikhs or alternates. An OAU observer will
also be asked to attend.
In the case of the 85 subfractions for which the list of sheikhs and
alternates has already been established, the previous practice will
be followed at identification centres inside the Territory and in the
camps, with the following exception. If a party representative, a
sheikh and/or the OAU observer is absent, identification will
nevertheless proceed, provided that the schedule for identification
has been duly communicated to the parties, the convocation lists have
been issued and the hours of work have been announced.
In the case of the other three tribal groupings (H41, H61 and
J51/52), and in the case of all identification which takes place
outside the Territory and the camps, the procedure will be modified.
In these areas also, identification will proceed even if a party
representative, a sheikh and/or the OAU observer is absent. While the
sheikh who is present will be able to assist in identifying the
applicant, the latter's claim for inclusion in the electoral roll,
under any of the five criteria, will be evaluated on the basis of
documentary evidence.
Two documents will be required for this purpose: first, a birth
certificate issued by the competent authorities in the country of the
applicant's birth to substantiate that he or she is the child of a
father born in the Territory or has other links with the Territory;
and secondly, a document issued by the competent authorities within
the internationally recognized frontiers of the Territory before 1974
to substantiate the father's birth in the Territory.
I am convinced that the modified procedures described above must now
be put into effect and that they will neither impair the reliability
of identification nor undermine the recourse procedures provided for
in the Identification Commission's terms of reference (S/26185, annex
II). I have therefore instructed my Acting Special Representative to
proceed accordingly. I rely on the cooperation of the two parties in
order to help MINURSO overcome the delays which have rightly been of
concern to the Security Council.
I should be grateful if you would bring this information to the
attention of the members of the Security Council.
(Signed) Boutros BOUTROS-GHALI