Батыс Сахара мәселесі: Тартыс пен халықаралық құқық

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Western Sahara, formerly the Spanish colony of Spanish Sahara, is a disputed territory claimed by both the Kingdom of Morocco and the Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro (Polisario Front), which is an independence movement based in Tifariti and Bir Lehlou. The Annexation of Western Sahara by Morocco took place in two stages, in 1976 and 1979, and is considered illegal under international law. Western Sahara is listed by the United Nations (UN) as a non decolonized territory and is thus included in the United Nations list of non self governing territories, which regards Spain as the de jure administering state. Under international law, Western Sahara is not a legal part of Morocco and it remains under the international laws of military occupation.

Since the Madrid Accords of 1975, a part of Western Sahara has been administered by Morocco as the Southern Provinces. Another section, the Liberated Territories, is administered by the Polisario Front as the Sahrawi Arab Democratic Republic (SADR). Mauritania administers the western half of the Ras Nouadhibou Peninsula. A UN monitored cease fire has been in effect since September 1991. No other country than the United States and Israel has ever recognized Morocco's unilateral annexation of Western Sahara; however, certain countries such as the United Kingdom have recognized that Morocco exerts de facto control the region. The UK Foreign and Commonwealth Office (FCO) treats the status of Western Sahara as 'undetermined' but its lack of reference to the partition and the existence of the Polisario held areas, suggests a tacit acceptance of Morocco as the administering power in the entire territory. Overall, the annexation has not garnered as much attention in the international community as many other disputed annexations (e. g. the Russian annexation of Crimea). In order to resolve the sovereignty issue, the UN has attempted to hold a referendum through the United Nations Mission for the Referendum in Western Sahara (MINURSO), and is holding direct talks between the Kingdom of Morocco and the Polisario Front. The UN recognizes neither Moroccan nor SADR sovereignty over Western Sahara. Moroccan settlers currently make up more than two thirds of the 500,000 inhabitants of Western Sahara. Under international law, Morocco's transfer of its own civilians into occupied territory is in direct violation of Article 49 of the Fourth Geneva Convention (cf. Israeli and Turkish settlers).

The official position of the Kingdom of Morocco since 1963 is that all of Western Sahara is an integral part of the kingdom. The Moroccan government refers to Western Sahara only as "Moroccan Sahara", the "Saharan provinces", or the "Southern Provinces". According to the Moroccan government, in 1958 the Moroccan Army of Liberation fought Spanish colonizers and almost liberated what was then Spanish Sahara. The fathers of many of the Polisario leaders were among the veterans of the Moroccan Southern Army, for example the father of Polisario leader Mohammed Abdelaziz. Morocco is supported in this view by a number of former Polisario founders and leaders. The Polisario Front is considered by Morocco to be a Moroccan separatist movement, referring to the Moroccan origins of most of its founding members. On 22 January 2020, Morocco's House of Representatives voted unanimously to add Western Sahara waters to the Moroccan maritime borders.

The Polisario Front, mainly backed by Algeria, is described by itself and its supporters as a national liberation movement that opposes Moroccan control of Western Sahara, whilst it is considered by Morocco and supporters of Morocco's claims over Western Sahara to be a separatist organization. It began as a movement of students who felt torn between the divergent Spanish and Moroccan influences on the country. The original goal of the Polisario, which was to end Spanish colonialism in the region, was achieved, but their neighbours, Morocco and Mauritania, seized sovereignty of the region, which the Polisario felt was entitled to self determination and eventually independence. The Polisario engaged in guerrilla warfare with the Moroccan and Mauritanian forces. It evacuated the Sahrawi population to the Tindouf refugee camps due to Royal Moroccan Air Force bombing of the refugee camps on Sahrawi land with napalm and white phosphorus. The Polisario Front has called for the self determination of the people of Western Sahara to be decided through a referendum. Although the SADR is not recognized as a state by the UN, the Polisario is considered a direct participant in the conflict and as the legitimate representative of the Sahrawi people, recognized by the United Nations since 1979.]] The Polisario Front argues that Morocco's position is due to economical interests (fishing, phosphate mining, and the potential for oil reserves) and political reasons (stability of the king's position and the governing elite in Morocco, deployment of most of the Moroccan Army in Western Sahara instead of in Morocco). The Polisario Front proclaimed the Sahrawi Arab Democratic Republic in Bir Lehlou (Western Sahara), on 27 February 1976.

Claims on Western Sahara had proliferated since the 1960s, fuelled by Mauritanian President Moktar Ould Daddah. Before Mauritania signed the Madrid Accords and after the withdrawal of the last Spanish forces, in late 1975, the Mauritanian Army invaded the southern part of Western Sahara, while the Moroccan Army did the same in the north. In April 1976, Mauritania and Morocco partitioned the country into three parts, Mauritania getting the southern one, which was named Tiris al Gharbiyya. Mauritania waged four years of war against Polisario guerrillas, conducting raids on Nouakchott, attacks on the Zouerate mine train and a coup d'état that deposed Ould Daddah. Mauritania finally withdrew in the summer of 1979, after signing the Algiers Agreement with the Polisario Front, recognizing the right of self determination for the Sahrawi people, and renouncing any claims on Western Sahara. The Moroccan Army immediately took control of the former Mauritanian territory. Mauritania recognized the Sahrawi Arab Democratic Republic on 27 February 1984.

Algeria has supported the independence of the whole of Western Sahara since 1975, when Spanish forces and settlers withdrew from the area. It is one of the few countries to do so in the Arab League. It has provided aid to the 'Polisario Front'. Algeria's role became indirect, through political and military support for the Polisario Front. Algeria recognized the Sahrawi Arab Democratic Republic on 6 March 1976. Its involvement in Western Sahara independence movement has interrupted the development of Algerian Morocco diplomatic relations, which were restored in 1988.

Western Sahara is on the United Nations list of non self governing territories. The UN has been involved since 1988 in trying to find a solution to the conflict through self determination. In 1988, the Kingdom of Morocco and the Polisario Front agreed to settle the dispute through a referendum under the auspices of the UN that would allow the people of Western Sahara to choose between independence or integration with Morocco. In 1991, the parties agreed upon the Settlement Plan, contingent on the referendum being held the following year, but due to disputes over voter qualification, the vote was not held. In the following years, the UN argued for negotiations between Morocco and the Polisario Front to resolve the deadlock, culminating in the Manhasset negotiations in 2007–2008. As of 2020, the mandate for MINURSO has been extended 47 times and it maintains its presence in the country, but has yet to fulfill its mission by organizing a referendum.

Some states are supportive of the "right of self determination of the Sahrawi people", including the option of autonomy under Moroccan sovereignty. Some states have changed their opinion frequently or have given separate announcements of support for both Morocco and the Polisario Front/SADR (Egypt, Italy, Lesotho, Russia, Rwanda, Yemen, etc.). Some of the states announcing support of the "right of self determination" currently recognize the Sahrawi Arab Democratic Republic. Not all of the states that have terminated diplomatic relations with or withdrawn recognition of the SADR have announced their support for the Moroccan claims. The overwhelming majority of United Nations member states have not announced any position.