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Introduction The Moroccan Autonomy Plan for the Sahara, proposed by Morocco with a view to untying the Sahara conflict, constitutes a fitting solution, indeed. It in fact represents a solution that is grounded in dialogue, conciliation and negotiation in every which steps it has gone through, ever since its first draft. In fact, at the head of the objectives mapped out in this direction, the Moroccan Autonomy Project aims at the development of the Sahara Region, as well as the advancement of the well-being of the populations. Thus, Point 25 stipulates that «The Region's populations shall enjoy all the guarantees afforded by the Moroccan Constitution in the area of human rights as they are universally recognized». It is precisely in this sense that the Moroccan Initiative tends to establish the bases of a democratic system in the provinces of the South, through several institutions whose members are chosen on democratic grounds, the Sahrawis themselves, a fact that finds ample substance in Point 3 which specifies that « This initiative is part of the endeavours made to build a modern, democratic society, based on the rule of law, collective and individual freedoms, and economic and social development...». This said, the Moroccan proposal takes up a strategic, objective as well as a realistic dimension, one that offers the Sahara Region a wide array of guarantees on matters of democracy and Human rights such as they are universally recognised. Thus, in order to analyse the question of Human rights within the framework of the Moroccan Autonomy Project, we offer to divide the subject into three axes: I. A definition of Human rights such as they are universally recognised;
II. The provisions of the Moroccan Autonomy Project relative to human rights;
III. The guarantees connected with the respect for and protection of Human rights in the Moroccan Autonomy Project. I. Human rights as universally recognized Human rights have become one of the priorities of the international community; many a declaration, and many a convention have been established, and so have many an international institution. Numerous are in fact the definitions that have been given to the concept of Human rights. One of these, no doubt the most important one, is the one advanced by the UN, when it considered Human rights as being «rights inherent to human nature and without which one cannot live a human life» (UNHuman Rights: Question/Answer, New York 1990, p.3). Human rights, such as they are universally recognised, are the rights provided for by positive international law, notably the Universal Declaration of Human Rights of 1948, the two international Covenants of 1966; the International Covenant on Civil and Political Rights, as well as the International Covenant on Economic, Social and Cultural Rights, in addition to several optional protocols, as well as a host of other international declarations and conventions of both a general and a specific scope. The whole set of these rights is necessary for the realisation of human dignity on the basis of complete equality, far from any form of discrimination. Many States have conferred upon Human rights a constitutional basis. Thus, in its preamble, the Moroccan Constitution of 1996 underlines that « ...the Kingdom of Morocco...reaffirms its determination to abide by the universally recognised human rights». In addition to the preamble, the first title of this self-same Constitution provides for several rights and liberties, individual and collective ones alike. Likewise, it lists a great number of civil, political, economic, social as well as cultural rights. Besides, it has provided for several guarantees reckoned to be necessary to the protection of rights and liberties. Of related concern here are political, legal and judiciary rights, etc... The Moroccan constituent thus heads for the creation of a Rule of Law, as well as the edification of a democratic society. It is this same orientation that informs the Moroccan Autonomy Plan, which complies with international standards and falls within a logic of respect for the principles of democracy, pluralism and Human rights. II. The provisions of the moroccan autonomy plan relative to human rights Upon reviewing the text of the Moroccan Autonomy Initiative for Negotiating an Autonomy Statute for the Sahara Region, one realises that an entire section has been reserved to the protection of rights and liberties, including all their aspects and manifestations, of citizens living without any discrimination in the Sahara. One could then state that this Initiative constitutes a declaration of Human rights to the advantage of the population of the Sahara. The first one of such rights is that of self-determination. It constitutes one of the most important rights, since it implies the exercise of yet other rights. This is precisely what Point 8 of the Moroccan Autonomy Project provides for : « As the outcome of negotiations, the autonomy statute shall be submitted to the populations concerned for a referendum, in keeping with the principle of self-determination and with the provisions of the UN Charter». Likewise, Point 25 stipulates that «The Region's populations shall enjoy all the guarantees afforded by the Moroccan Constitution in the area of human rights as they are universally recognized». In view of this, all Moroccans are equal in rights and obligations, without any discrimination whatsoever, just as the Moroccan Constitution proclaims. This said, the Moroccan Autonomy Project constitutes in addition to the Moroccan Constitution a supplementary guarantee for the exercise of the rights and liberties that are universally recognized. It is in this sense that Point 4 of the Moroccan Autonomy Project maintains that «Through this Initiative, the Kingdom of Morocco guarantees to all Sahrawis, inside as well as outside the territory, that they will hold a privileged position and play a leading role in the bodies and institutions of the region, without discrimination or exclusion ». Hence, as Point 3 has it, the Moroccan Autonomy Project states that «This initiative is part of the endeavours made to build a modern, democratic society, based on the rule of law, collective and individual freedoms, and economic and social development...». III. The guarantees of the protection and respect for human rights within the framework of the moroccan autonomy project The Moroccan Autonomy Project does not rest content with proclaiming the Human rights which the Sahrawi population will benefit from; it equally provides for the mechanisms that serve to guarantee them. Of these mechanisms there figures in good position political and constitution guarantees, at the head of which comes the monarchic Institution, which is one of the major constitutional guarantees for the protection of Human rights within the entire national territory, including the provinces of the South. Besides the Royal guarantee, there exist yet other institutional guarantees that reside in national institutions for Human rights, at the head of which are the Human Rights Advisory Council for and Diwan Al-Madalim. These two institutions have regional branches in all the provinces of the South, notably in Laâyoune, and their objective is to receive complaints in connection with Human rights violations. The Equity and Reconciliation Commission (IER) has equally undertaken a similar function in the provinces of the South: the treatment of files on the violations of Human rights and the indemnification of the victims of these violations. Among the other guarantees that are worth mentioning are the juridical guarantees. In fact, legislation in the area of Human rights and fundamental liberties can only be made by means of the law, that is, of the Parliament. One could also cite the guarantees of a judiciary order: constitutional, administrative as well as ordinary justice. Again, among the guarantees in the area of Human rights and liberties to be to the advantage of the Sahara populations are those granted to them by the Moroccan Autonomy Project, notably the exercise of territorial attributions through executive, legislative and judiciary bodies, by earmarking for the autonomous Sahara Region the financial means necessary for the realisation of its development. In parallel with these important and varied attributions to be exercised by the authorities of the Sahara autonomous Region, there is the fact that «The populations of the Sahara Autonomous Region shall be represented in Parliament and in the other national institutions. They shall take part in all national elections» (Point 18 of the Moroccan Autonomy Project). And in order to underline the good faith of Morocco, as well as express the seriousness of the Moroccan Autonomy Project as an added-value on matters of Human rights and liberties, and its vocation to guarantee those rights, the afore-said Plan stipulates in point 30 that « the Kingdom of Morocco shall take all the necessary steps to ensure full integration, into the nation's fabric, of persons to be repatriated. This will be done in a manner which preserves their dignity and guarantees their security and the protection of their property». Moreover, at the end of Point 31, « (...) the Kingdom of Morocco shall, in particular, declare a blanket amnesty, precluding any legal proceedings, arrest, detention, imprisonment or intimidation of any kind, based on facts covered by this amnesty». This deliberate commitment on the part of Morocco constitutes by itself then an explicit expression of the good faith of the Kingdom, one that is such as to definitively resolve the Sahara conflict. Conclusion We could thus say that the Moroccan Autonomy Project is a means for the reinforcement of local democracy, and a guarantee that the respect for the Human rights and fundamental liberties of the citizens of the Sahara will be secured. It falls in fact within the framework of a global project: the edification of a modern and democratic society, one that is founded upon pluralism, democracy, as well as the respect for Human rights such as they are universally recognised. Ahmed Moufid
Professor at the faculty of law, Fez
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