Western Sahara is a disputed territory in the Maghreb region (The traditional definition as being the region including the Atlas Mountains and the coastal plains of Morocco, Algeria, Tunisia, and Libya, was later superseded, especially since the 1989 formation of the Arab Maghreb Union, by the inclusion of Mauritania and of the disputed territory of Western Sahara (mostly controlled by Morocco). During the Al-Andalus era in Spain, the Maghreb's inhabitants, Maghrebis, were known as "Moors"; the Muslim areas of Spain in those times were usually included in contemporary definitions of the Maghreb—hence the use of 'Moor' or 'Moors' to describe the Muslim inhabitants of Spain by Christian and other Western sources) of North Africa, bordered by Morocco to the north,Algeria to the extreme northeast, Mauritania to the east and south, and the Atlantic Ocean to the west. Its surface area amounts to 266,000 square kilometres (103,000 sq mi). It is one of the most sparsely populated territories in the world, mainly consisting of desert flatlands. The population is estimated at just over 500,000, of whom nearly 40% live in El Aaiún (also spelled Laâyoune), the largest city in Western Sahara.
Occupied by Spain since the late 19th century, the Western Sahara has been on the United Nations list of non-self-governing territories since 1963 after a Moroccan demand. It is the most populous territory on that list, and by far the largest in area. In 1965, the UN General Assembly adopted its first resolution on Western Sahara, asking Spain to decolonise the territory. One year later, a new resolution was passed by the General Assembly requesting that a referendum be held by Spain on self-determination.
In 1975, Spain relinquished the administrative control of the territory to a joint administration by Morocco (which had formally claimed the territory since 1957) and Mauritania. A war erupted between those countries and the Sahrawi national liberation movement, the Polisario Front, which proclaimed the Sahrawi Arab Democratic Republic (SADR) with a government-in-exile in Tindouf, Algeria. Mauritania withdrew in 1979, and Morocco eventually secured effective control of most of the territory, including all the major cities and natural resources.
Since a United Nations-sponsored ceasefire agreement in 1991, two thirds of the territory (including most of the Atlantic coast line)has been controlled by Morocco and the remainder by the SADR, strongly backed by Algeria. Internationally, countries such as theUnited States and Russia have taken a generally ambiguous and neutral position on each side's claims, and have pressed both parties to agree on a peaceful resolution. Both Morocco and Polisario have sought to boost their claims by accumulating formal recognition, essentially from African, Asian, and Latin American states in the developing world. The Polisario Front has won formal recognition for SADR from 82 states, and was extended membership in the African Union. Morocco has won recognition or support for its position from several African governments and from most of the Arab League. In both instances, recognitions have, over the past two decades, been extended and withdrawn according to changing international trends. As of 2006, no other member state of the United Nations has recognized Moroccan sovereignty over Western Sahara.
The arrival of Islam in the 8th century played a major role in the development of the Maghreb region. Trade developed further, and the territory may have been one of the routes for caravans, especially between Marrakesh and Tombouctou in Mali.
After an agreement among the European colonial powers at the Berlin Conference (The Berlin Conference of 1884–85, also known as the Congo Conference or West Africa Conference regulated European colonisation and trade in Africa during the New Imperialism period, and coincided with Germany's sudden emergence as an imperial power. Called for by Portugal and organized by Otto von Bismarck, first Chancellor of Germany, its outcome, the General Act of the Berlin Conference, can be seen as the formalization of the Scramble for Africa. The conference ushered in a period of heightened colonial activity by European powers, which eliminated or overrode most existing forms of African autonomy and self-governance.) in 1884 on the division of spheres of influence in Africa, Spain seized control of The Western Sahara and established it as a Spanish colony. After 1939 and the outbreak of World War II, this area was administered by Spanish Morocco. As a consequence, Ahmed Belbachir Haskouri, the Chief of Cabinet, General Secretary of the Government of Spanish Morocco, cooperated with the Spanish to select governors in that area. The Saharan lords who were already in prominent positions, such as the members of Maa El Ainain family, provided a recommended list of candidates for new governors. Together with the Spanish High Commissioner, Belbachir selected from this list. During the annual celebration of Muhammad's birthday, these lords paid their respects to the caliph to show loyalty to the Moroccan monarchy.
As time went by, Spanish colonial rule began to unravel with the general wave of decolonization after World War II; former North African and sub-Saharan African possessions and protectorates gained independence from European powers. Spanish decolonization proceeded more slowly, but internal political and social pressures for it in mainland Spain built up towards the end of Francisco Franco's rule. There was a global trend towards complete decolonization. Spain began rapidly to divest itself of most of its remaining colonial possessions. By 1974–75 the government issued promises of a referendum on independence in the Western Sahara..
In the waning days of General Franco's rule, and after the Green March, the Spanish government signed a tripartite agreement with Morocco and Mauritania as it moved to transfer the territory on 14 November 1975. The accords were based on a bipartite administration, and Morocco and Mauritania each moved to annex the territories, with Morocco taking control of the northern two-thirds of Western Sahara as its Southern Provinces, and Mauritania taking control of the southern third as Tiris al-Gharbiyya. Spain terminated its presence in Spanish Sahara within three months, repatriating Spanish remains from its cemeteries.
In the waning days of General Franco's rule, and after the Green March, the Spanish government signed a tripartite agreement with Morocco and Mauritania as it moved to transfer the territory on 14 November 1975. The accords were based on a bipartite administration, and Morocco and Mauritania each moved to annex the territories, with Morocco taking control of the northern two-thirds of Western Sahara as its Southern Provinces, and Mauritania taking control of the southern third as Tiris al-Gharbiyya. Spain terminated its presence in Spanish Sahara within three months, repatriating Spanish remains from its cemeteries.
As personal envoy of the Secretary-General, James Baker visited all sides and produced the document known as the "Baker Plan". This was discussed by the United Nations Security Council in 2000, and envisioned an autonomous Western Sahara Authority (WSA), which would be followed after five years by the referendum. Every person present in the territory would be allowed to vote, regardless of birthplace and with no regard to the Spanish census. It was rejected by both sides, although it was initially derived from a Moroccan proposal. According to Baker's draft, tens of thousands of post-annexation immigrants from Morocco proper (viewed by Polisario as settlers but by Morocco as legitimate inhabitants of the area) would be granted the vote in the Sahrawi independence referendum, and the ballot would be split three ways by the inclusion of an unspecified "autonomy", further undermining the independence camp. Morocco was also allowed to keep its army in the area and retain control over all security issues during both the autonomy years and the election. In 2002, the Moroccan king stated that the referendum idea was "out of date" since it "cannot be implemented"; Polisario retorted that that was only because of the King's refusal to allow it to take place..
The Western Sahara was partitioned between Morocco and Mauritania in April 1976, with Morocco acquiring the northern two-thirds of the territory. When Mauritania, under pressure from Polisario guerrillas, abandoned all claims to its portion in August 1979, Morocco moved to occupy that sector shortly thereafter and has since asserted administrative control over the whole territory.The official Moroccan government name for Western Sahara is the "Southern Provinces", consisting of the Río de Oro and Saguia el-Hamra regions.
The war in the Western Sahara recently entered its sixteenth year. Although progress toward peace has been made, concrete steps to a final resolution have not yet occurred. This has had serious political, social, economic, and military consequences for the countries in the region. Despite the significance of the issue, until now very few scholarly works have dealt with the regional and international dimensions of the conflict. In particular, little attention has been paid to the role of the superpowers and of the United Nations in the region and to the other related issues which are the focus of this book.
The Western Sahara conflict raises serious questions about the role of international law and of the United Nations in achieving the decolonization of former colonial territories and resolving regional conflicts. Taken together, the work of the scholars, diplomats, and experts in international law who have contributed to this volume constitutes a significant contribution to our understanding of the role of outside powers in the origins and evolution of the war in the Western Sahara. Their work also casts new light on the efforts of the Maghrebi states to overcome regional divisions by themselves and on the continuing attempts by the United Nations to resolve the conflict in the Western Sahara and restore respect for international law. This work will interest specialists West African affairs and in international law and organizations.