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How could the Moroccan Autonomy Project, proposed by the Kingdom of Morocco to resolve the problem of the Moroccan Sahara, be able to comfort the Millennium Development Goals (MDGs)? This is the question we should ask and which we propose to answer at a time where the Moroccan Sahara will engage on the path of building a model of regionalism in the Maghreb. In fact, economic regionalisation started in 1971. Then with the economic and political regionalisation of the 1997 status, the Autonomy Statute Project for the Southern provinces is characterized by its novelty and its institutional daring. It is about transferring to the future region with democratic institutions everything that is not related to the functions of sovereignty of the State in the proper meaning of the word. The implementation of this statute will help make a leap towards a peaceful Maghreb, a first significant step towards the Maghreb of regions announced by some people: "The Maghreb of peoples has become an incantatory slogan, and we are heading towards the Maghreb of regions in the 21st century"[1]. This project could be the first step of this construction. The Millennium Development Goals should be briefly presented (I) in order to compare them with the main axes of the Autonomy Project to check their concordance (II). This convergence or concordance is somehow a guarantee that may lead to the setting up of a fundamental basis for the construction of a united Maghreb, and may serve as an example for Africa that needs it, and may decrease internal and international conflicts risks. I. The millennium development goals On the eve of the twenty first century, on 8 September 2000, the United Nations General Assembly adopted a constituent resolution of the "Millennium Declaration", renewing its attachment to the fundamental principles and values declared by the United Nations Charter (A). These values and principles have led to the adoption of a number of goals to be implemented in the 21st century (B). A. Fundamental principles and values The heads of States meeting in New York have called for "(...) purposes and principles of the Charter of the United Nations, which have proved timeless and universal (...)" to express their will make a fair and sustainable peace prevail in the international relations. This peace is founded on "(...) certain fundamental values to be essential to international relations (...)" : Freedom thanks to a mode of democratic governance. Equality that implies combating all types of discrimination and equal access to the beneficial effects of the development. Solidarity between rich and poor countries. Tolerance that implies mutual dialogue and understanding between cultures and civilisations. Respecting nature in order to proceed with environment-friendly policies that lead to a sustainable development. Sharing responsibilities in the world level management of economic and social development and of actions necessary to the protection of international peace and security.
These are the fundamental values that should be achieved thanks to the goals set beforehand by the General Assembly Resolution. B. The millennium goals The Millennium Goals that we will state briefly are not very numerous but are essential to securing peace that is a pre-requisite for the development policies. The first goal is to eliminate wars by respecting the principles of primacy of law and of negotiation to resolve conflicts between the States. It should be completed with disarmament as a guarantee of the peaceful will of the States. This also implies the end of arms dealing that fuels potential conflicts. This goal can be achieved only if a set of conditions are met. The main condition is sustainable development in a sound environment that allows for progressive eradication of poverty, and the improvement of the socio-cultural level of the populations, which is a factor of progress. The right of a sustainable development and the right of a sound environment have become the third generation of human rights. They are even considered necessary to the full achievement of civil and political human rights, and of course, the second generation rights, economic, social and cultural rights. Respecting these rights means establishing or reinforcing a democratic system founded on all types of freedom, equality and solidarity between all the social categories. These goals, stated by the "Millennium Declaration" are developed and precisely specified as to the means and measures that help achieve them. The heads of States who have adopted this declaration are aware of their responsibilities for the achievement of these goals, not only vis-à-vis their own societies but also "collectively" at the world level, vis-à-vis the developing countries. The Declaration states that this obligation should result in policies and measures at the world level and should be accompanied by an efficient participation of the concerned parties in their preparation and implementation. Goals, political will and institutional means must contribute to the reinforcement of the United Nations Organization, which is determined more than ever to pursue its action in favour of the "(...) development for all the peoples of the world, the fight against poverty, ignorance and disease; the fight against injustice; the fight against violence, terror and crime; and the fight against the degradation and destruction of our common home" . All these goals are in perfect harmony with the policy led by the Kingdom, not only in the general framework of its foreign policy but also in its home policy and particularly in its regional policy centred on the Autonomy Statute Project for the southern provinces of the Kingdom. This convergence of the fundamental orientations of this project and the goals of the Millennium Declaration will be presented as follows. II. Fundamental orientations of the autonomy statute project The verification of the concordance of the Autonomy Statute Orientations with the Millennium Declaration goals may be made in three points. First, we will examine the relationship between the Statute and the will to preserve peace, security and reinforcement of the United Nations action (A), then its relationship with the goal of the sustainable development and the respect of environment in a view to eradicate poverty (B), and, a goal that is closely linked to the previous one, its relationship with the protection of human rights, democracy and sound governance (C). Once these goals achieved, it is then possible to achieve the main goal: reconciliation (D). A. Peace, security and authority of the united nations It is quite obvious that Morocco's measure to get out of the crisis after it has restored its Saharan provinces was mainly based on its tenacious political will to reach an agreement on the Moroccan nature of its provinces through negotiation. This is stated in point 7 of "The Moroccan initiative, which is made in an open spirit, [and] aims to set the stage for dialogue and a negotiation process that would lead to a mutually acceptable political solution". Certainly, all previous attempts to resolve this question through a referendum have failed. But contrary to what has been written[2], Morocco was not a stumbling block to the referendum. It simply refused a "masquerade referendum" that excluded from voting most of the Sahrawi refugees in Morocco following the French Spanish operation called "Ecouvillon" in 1958. Morocco has therefore prepared its statute project in perfect conformity with the basic principles of the United Nations Charter and with its constitutional commitments. Since 1962, Morocco has expressed in its Preamble its will to incorporate (...) its work within the frame of the international organisations (...)"and to adhere "(...) to the principles, rights and obligations arising from the charters of such organisations (...)"as in 1992 "(...) it reaffirms its determination to abide by the universally recognised human rights (...)" The Moroccan diplomacy has been mobilised on this basis to explain the purpose of the Autonomy Project that stemmed from a large national consensus, and conceived not to be adopted as it is but as a platform for discussions. This project, prepared following a number of consultations, relies on Morocco's determination to offer the Southern Provinces a very large autonomy. It will help them freely manage their regional affairs, and to defend their cultural heritage and the specificity of their community, just like the other regions of the Kingdom that will have the possibility to do the same in the years to come. This possibility is therefore given to the elected representatives of the populations to control by themselves the implementation conditions of the Autonomy Statute that "(...) draws inspiration from the relevant proposals of the United Nations Organization, and from the constitutional provisions in force in countries that are geographically and culturally close to Morocco. It is based on internationally recognized norms and standards" » (Point 11 of the statute project). B. Sustainable development and sound environment The Autonomy Statute Project comprises as well a goal for sustainable development that is in perfect harmony with one of the Millennium Declaration main goals. The third point of the Project is quite clear in this regard: "This initiative is part of the endeavors made to build a modern, democratic society, based on (...) economic and social development (...)" . This is easy to verify once we check the list of competences allocated to this region. Point 12 of the Project includes a list of quasi-comprehensive list of competences. It covers the fields of regional autonomy, be they economic development in general, or environment and structures, social or cultural development, including the protection of the Sahrawi Hassani cultural heritage. It should be noted that the national legislation could perfectly be applied to the future region provided it is adapted to the local particular nature. These are texts on environment passed by the Parliament these last years, such as laws on water, impact studies on environment or air pollution, and mainly on the protection and the enhancement of the environment. This last text lays the basic rules and the main principles of the national policy of environment. Among the main principles that the future region will adopt and implement with the help of the State is the integration of environment concerns in all the land settlement and town planning policies. Moreover, establishing the concept of accountability for all the polluters helps protect the sites of the southern provinces and respects the international conventions on environment to which Morocco has adhered. In this manner, the Statute Project in relationship with the national legislation makes sustainable development and the protection of sound environment an opposable right to the future region and beyond to the State that could guarantee its respect. These third generation rights should be patiently built to give a sense to the second generation rights, such as economic, social and cultural rights, from which they are inseparable. Besides, the regional identity is a vested right to protect, and can come true only on the national framework which is a unity framework necessary to the regional identity. I think this is the deep thought that lies behind the National Initiative for Human Development launched by His Majesty King Mohammed VI on 18 May 2005. Even in the southern provinces, territory of the future region, "(...) some data show that large rates of the Moroccan populations and of the entire zones of the national territory live in hard conditions and sometimes in poverty and marginalisation, which are incompatible with the decent living conditions we wish for our fellow-citizens (...)"[3]. This conclusion, better than long speeches, fights for national unity that should benefit to the Saharan region and allows, just like for all the regions of the Kingdom, the eradication of poverty. This unity between the nation and the Region is essential to back up the regional endeavours towards economic, social and cultural development. It is also important in the sense that it helps give a real content to the practice of the first generation human rights that are certainly guaranteed by the Constitution, but can be practiced only by those whose socioeconomic and cultural status has reached a certain level. This is where the third goal of the Millennium shows up: the protection of human rights, democracy and good governance. C. Democracy, human rights and governance Democracy is at the heart of the Initiative to create an autonomous region of the Southern Provinces of the Kingdom in perfect conformity with the democratic goal accepted by the States who adopted the Millennium Declaration. The reading of the Statute Project is relevant in this regard. Morocco's Initiative "(...) is part of the endeavors made to build a modern, democratic society, based on the rule of law, collective and individual freedoms, and economic and social development (...)" (Point 3 of the Moroccan Autonomy project). "(...) The Sahara populations will themselves run their affairs democratically, through legislative, executive and judicial bodies enjoying exclusive powers (...)" (Point 5 of the Moroccan Initiative). These bodies are set forth by the Statute Project. The parliament shall be made up of members elected by the Sahrawi tribes on the one hand, and by the whole populations by direct universal suffrage on the other. The Head of government shall be elected by the Parliament and be accountable before it. The Head of government forms the government team and nominates the necessary administrators to the fulfilment of the competences of the region assisted by the deliberations of a social and economic Council that represents the living forces of the region. The region shall have jurisdictional bodies to come to a decision in the conflicts that could arise during the action of the region's institutions. A supreme regional court will be watchful to the respect for the Statute without interfering with the competences of the Kingdom's supreme courts, Constitutional Court or the Supreme Court. These courts shall be in charge of ensuring the respect of « human rights as they are universally recognized » and guaranteed by the Constitution of the Kingdom[4]. This guarantee also results from Morocco's commitment to integrate the Statute in the Constitution as soon as it is approved by referendum in compliance with the international legality and to the internal procedures of the constitution's revisions. This set of provisions, which is still possible to improve through negotiations, is completed by the participation of the region's populations in all the national institutions and consultations, and in particular, their representation in the Parliament in Rabat. It is therefore undeniable that the Autonomy Statute Project contains all the elements that are necessary to the construction of a regional democratic institution, the functioning of which may improve according to what is called today good governance once the officials have the political will and competence. However, an additional condition must be met for the success of the operation. Reconciliation spirit and good faith should prevail during the implementation of this project. D. Developing the reconciliation spirit In order to overcome years of fights, hatred and polemics, the parties must commit themselves to breaking the wall of incomprehension. This can be achieved thanks to what is called in the international relations' terminology trust measures that are set by the Statute Project. They perfectly coincide with the Millennium Declaration goal that aims to back up democracy in Africa and to establish sustainable peace and development in order to eradicate poverty. It is obvious that Morocco's project is likely to eradicate the sources of conflict in this part of the Maghreb and to allow the establishment of political stability in the whole Maghreb. A whole set of this Project's provisions is meant to ensure the cleaning of the past and to encourage reconciliation. In other words, a general amnesty for all the facts related to the past events, repatriation, disarmament and rehabilitation for all the exiles, under the control of the transitional Council composed of representatives of the parties who will be negotiating the adoption of the autonomous Statute of the region (Points 31 and 32 of the Project). In general, "(...) Morocco is prepared to make a positive contribution to creating an environment of trust which would contribute to the successful outcome of this initiative" (Point 34 of the Project). The future insertion of the Region into the Maghreb is not ignored. First, if the external relations remain the State's competence, it is planned that the responsibilities that the State will keep will be exercised in consultation with the Sahara autonomous Region for those matters which have a direct bearing on the prerogatives of the region. In addition, the "(...) autonomous Region may, in consultation with the Government, establish cooperation relations with foreign Regions to foster inter-regional dialogue and cooperation" (Point 15 of the Moroccan Autonomy Project). These are the main orientations of the Autonomy Project. They perfectly cover the principles and values, as well as the goals to which the Heads of States, including Morocco and Algeria, adhered by taking part in the vote of the United Nations General Assembly on 8 September 2000. The world is waiting for deeds not words, and Morocco is entirely ready for that[5].
[1] Benjamin Stora: "We are Heading Towards a Maghreb of Regions", "Le Monde" of 21 December 1999, p.16. It would have been more judicious then to use a wishful or distant future tense. [2] It is, for instance, what we can read in the Moroccan weekly TelQuel, N° 269 of 20 April 2007, p.35. Registration on the voting lists was distorted from the start by the Spanish census of 1974, excluding the northern tribes suspected of sympathy with Morocco at the time when Spain was hoping to create a puppet State for its account. The registration was again distorted because of Polisario's bad faith, and because of the United Nations officials ignoring the real conditions of the populations of the Saharan provinces, unless it is due to their bias or to their desire to put an end to a long lasting question. [3] « Le Maroc du Possible » [Morocco of the Possible], a debate opportunity for a collective ambition. Report on 50 Years, 2006, p.226. [4] Michel Rousset: Human Rights and the State of Law in Morocco, 1956-2008. Mediterranean Forum on Human Rights. International Association of Lawyers, National Association of Lawyers of Morocco, the Bar of Marrakech. Marrakesh, June 6-7 2008 (to be published at the Moroccan review of local administration and development n°81). [5] « Le Maroc du Possible » [Morocco of the Possible], op.cit., page 258. Michel Rousset
Honorary professor at the faculty of law, grenoble
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