Results of the Second Round of Direct Talks (London Compromise Agreement on Outstanding Identification Issues)

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Country/entity: Morocco
Western Sahara
Region: Middle East and North Africa
Agreement name: Results of the Second Round of Direct Talks (London Compromise Agreement on Outstanding Identification Issues)
Date: 19 Jul 1997
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Western Sahara Conflict (1973 - 1991)
Conflict in Western Sahara began as an insurgency by the Polisario Front against Spanish colonization in 1973. Two years later, Spain withdrew from the territory. Following the annexation of the territory by Morocco and Mauritania in 1976, the insurgency continued. After proclaiming the establishment of the Sahrawi Arab Democratic Republic (SADR) in 1976, the Polisario Front succeeded in gaining recognition by several states, but was not admitted into the United Nations. Instead, the territory was annexed by Morocco and Mauritania, sparking a 16-year resistance by the Algerian-backed Polisario Front. Following a withdrawal by Mauritania in 1979, the conflict reached a stalemate through the 1980s and then reignited in 1989 until a ceasefire in 1991. At the time 80 per cent of the territory was under the de facto control of Morocco, while 20 per cent continued to be held by the SADR including the refugee camps along the Algerian border. Unrest has continued to erupt at intervals in from 1999-2004, 2005, 2010 and 2011. Attempts to solve the conflict have manifested in the form of the Baker Plan (2000) and the Moroccan Initiative (2006-2008).
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Morocco-Western Sahara peace process
Parties: Morocco, Frente Polisario
Third parties: -
Description: Parties agreed not to sponsor or present for identification anyone from certain tribal groupings other than persons included in the 1974 Spanish census and immediate family members. Also agreed that persons from all other tribal groups could come forward to be identified, and that the Special Representative of the Secretary-General would notify the parties of the results of the identification process to date. Oral testimony to be received and considered by the Identification Commission as provided for in the settlement plan. Office of the UNHCR to begin steps toward process of repatriation of refugees in accordance with the settlement plan and parties agreed to cooperate in implementation of the repatriation programme.

Agreement document: MO_970719_LondonCompromise.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 1, I. COMPROMISE AGREEMENT ON OUTSTANDING IDENTIFICATION ISSUES
1. The parties agree that they will not directly or indirectly sponsor or present for identification anyone from tribal groupings H41, H61 and J51/52 other than persons included in the Spanish census of 1974 and their immediate family members, but the parties shall not be obligated to actively prevent individuals from such tribal groupings from presenting themselves. The parties agree that identification of such individuals who may present themselves shall proceed as soon as possible.
2. The parties agree that persons from all other tribal groups from census categories H, I and J may come forward to be identified.
3. The parties agree that the Special Representative of the Secretary-General shall notify the parties of the results by number, but not name, of the identification process to date.
4. The parties acknowledge that, from the time of the original settlement plan, they have understood that credible oral testimony to the Identification Commission would be required, and the parties agree that in the identification process oral testimony will be received and considered by the Identification Commission, as provided for in the settlement plan.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, II. COMPROMISE ON OUTSTANDING REFUGEE ISSUES
The parties concur that the Office of the United Nations High Commissioner for Refugees (UNHCR) should begin the steps preparatory to the process of repatriation of refugees in accordance with the settlement plan. In addition, they have agreed to cooperate with UNHCR in implementation of the reptatriation programme in accordance with UNHCR's normal practice and established principles of repatriation.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, I. COMPROMISE AGREEMENT ON OUTSTANDING IDENTIFICATION ISSUES
1. The parties agree that they will not directly or indirectly sponsor or present for identification anyone from tribal groupings H41, H61 and J51/52 other than persons included in the Spanish census of 1974 and their immediate family members, but the parties shall not be obligated to actively prevent individuals from such tribal groupings from presenting themselves. The parties agree that identification of such individuals who may present themselves shall proceed as soon as possible.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, II. COMPROMISE ON OUTSTANDING REFUGEE ISSUES
The parties concur that the Office of the United Nations High Commissioner for Refugees (UNHCR) should begin the steps preparatory to the process of repatriation of refugees in accordance with the settlement plan. In addition, they have agreed to cooperate with UNHCR in implementation of the reptatriation programme in accordance with UNHCR's normal practice and established principles of repatriation.
Related cases: No specific mention.
Source: INCORE, International Conflict Research Institute, Ulster University
http://www.incore.ulst.ac.uk/

Annex I

Results of the second round of direct talks London, 19 and 20 July 1997

I. COMPROMISE AGREEMENT ON OUTSTANDING IDENTIFICATION ISSUES

1. The parties agree that they will not directly or indirectly sponsor or present for identification anyone from tribal groupings H41, H61 and J51/52 other than persons included in the Spanish census of 1974 and their immediate family members, but the parties shall not be obligated to actively prevent individuals from such tribal groupings from presenting themselves.

The parties agree that identification of such individuals who may present themselves shall proceed as soon as possible.

2. The parties agree that persons from all other tribal groups from census categories H, I and J may come forward to be identified.

3. The parties agree that the Special Representative of the Secretary-General shall notify the parties of the results by number, but not name, of the identification process to date.

4. The parties acknowledge that, from the time of the original settlement plan, they have understood that credible oral testimony to the Identification Commission would be required, and the parties agree that in the identification process oral testimony will be received and considered by the Identification Commission, as provided for in the settlement plan.

II. COMPROMISE ON OUTSTANDING REFUGEE ISSUES

The parties concur that the Office of the United Nations High Commissioner for Refugees (UNHCR) should begin the steps preparatory to the process of repatriation of refugees in accordance with the settlement plan.

In addition, they have agreed to cooperate with UNHCR in implementation of the reptatriation programme in accordance with UNHCR's normal practice and established principles of repatriation.