The democratic and constitutional guarantees of the Moroccan plan for the Sahara
In April 2007, Morocco had submitted to the United Nations an initiative for the negotiation of an autonomy status for the Sahara region, presented as a "realistic compromise" to break the political deadlock. The official document details the democratic principles, the guaranteed rights and the constitutional framework that would govern the future autonomous region.
A status based on sovereignty and democracy
The text emphasizes that this initiative is part of "the building of a modern democratic society, based on the rule of law, individual and collective freedoms and economic and social development".
It guarantees to all Sahrawis, "both outside and inside", "their full place and role, without discrimination or exclusion, in the bodies and institutions of the region".
The populations of the Sahara must thus "manage their own affairs democratically through legislative, executive and judicial bodies with exclusive powers".
These institutions will operate according to democratic principles and in compliance with the Constitution of the Kingdom.
Respect for fundamental rights and constitutional anchoring
Paragraph 24 of the document specifies:
"The laws, regulations and judicial decisions emanating from the organs of the Autonomous Region of the Sahara must be in conformity with the autonomy status of the said Region and with the Constitution of the Kingdom."
The populations of the region will benefit from all the constitutional guarantees provided at the national level:
"The populations of the Region will benefit from all the guarantees provided by the Moroccan Constitution in the field of human rights as they are universally recognized".
The proposal also provides that the Moroccan Constitution will be revised to incorporate the autonomy status, "as a guarantee of its stability and its special place in the national legal system".
A process validated by the population
In accordance with the principle of self-determination enshrined in the United Nations Charter, the text provides that the autonomy status will be subject to a free referendum consultation of the populations concerned.
This referendum constitutes, according to the terms of the document, "the free exercise, by these populations, of their right to self-determination".
Morocco reaffirms its commitment to cooperate "fully with the UN Secretary-General and his Personal Envoy" and to negotiate "in good faith, in a constructive spirit of openness and sincerity".
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