Historical background

Western Sahara is a largely empty expanse of dessert on the Atlantic coast of West Africa that
covers roughly 250,000 square kilometers. The region is rich in three primary resources oil, fish
and phosphates and the last of which is the key ingredient in the manufacture of plant fertilizers.
Before the territory was colonized it was divided into two major regions- Rio de Oro in the south
and Sakiet El Hamra in the north which were occupied from centuries by various nomadic tribes.

Due to its location and it’s abundance in resources the territory has always maintained a
strategic value for the country’s surrounding .Western Sahara has been a focal point for many
people’s throughout the centuries, beginning with the Phoenicians trade developed between the
territory and the civilizations of the Mediterranean. The turning point in the region’s history was
the advent of the Spanish. In 1884 Emilio Benelli of the Spanish society of Africanists and
colonists arrived in Rio de Oro and signed treaties with coastal people which were the foundation
for the control of Spanish government. By virtue of the royal order of December 26, 1884, Spain
claimed a protectorate of the coastal zone of Rio de Oro. Further colonization efforts were made
in following years and Spain expanded its control to the entire Western Sahara territory which
results in the territory becoming a province of Spain.

In 1945 the World War II ended and the international community wanted to prevent another
destructive conflict. The United Nations which is the world’s premier international body was
founded on the 24th of October 1945.The charter of United Nation established some principles
for new world order. Article 1 paragraph 2 which states “to develop friendly relations among
nations based on respect for the principle of equal rights and self determination of people’s, and
to take other appropriate measures to strengthen universal peace;” The keyword “self-
determination” which is the legal right of people to decide their own destiny in the international
order. By combining the principles of self determination and decolonization, the general
assembly of UN on December 14th 1960 passed resolution 1514 which is also known as
declaration of decolonization. It provides that people who are subject to alien domination and
exploitation constitutes denial of their fundamental rights which is opposed to the United
Nation’s Charter and also an obstacle in the promotion of world peace and co-operation. It also
provides that “all peoples have the right to self determination” and quick steps should be taken to
grant them independence. In 1966 general assembly passed resolution 2229 which ask Spain to
hold referendum on self determination in Western Sahara. On August 20th 1974 Spain announced
that a referendum would hold in first half of 1975. Independence was one of the option which
was supported by Spain but both Morocco and Mauritania used resolution 1514 provisions which
states that “new territories need not become independent, they could be incorporated into
existing states once decolonized” and wanted Western Sahara to incorporate in their territories.
Legal Claims by Morocco and Mauritania

In September, 1974, the issue of sovereignty over Western Sahara was proposed to be submitted
to the court by Morocco. Both Morocco and Mauritania alleged rights to territory. The states
used General Assembly as a forum to pursue their legal claims.

It was contended by Morocco that it had always considered Western Sahara to be an integral part
of its own nation on the basis of legal, ethnic, historical, and cultural ties. In addition to that
Morocco also alleged that before Spanish colonization it had exercised sovereignty over Sahara
in conformity with the conditions laid down by public international law.

Mauritania argued that Western Sahara is populated solely by Mauritanian tribes. That they have
common -language Hassania, culture, customs, and race and that there is no difference in
nomadic nature of Saharan inhabitants and tribes living in Mauritania.

Spain stated its intention to hold referendum and assured General Assembly that they have
intention to respect the will of the population of Sahara. However, Morocco remained displeased
by the Spain speed towards decolonization.

On October 1975, advisory opinion was announced by the court. In a pact between Morocco,
Mauritania and Spain on 14th November, Spain agreed to leave the territory by the February end.
In 1976, Resolution 3458 was adopted by General Assembly through which it was urged to all
involved parties to exercise restraint from any unilateral action. It was requested to the parties to
respect the aspirations of population of Sahara. Spain leave the territory as agreed in the pact and
joint administration was undertaken by Morocco and Mauritania of Sahara.