[Congressional Record Volume 158, Number 164 (Wednesday, December 19, 2012)]
[Extensions of Remarks]
[Pages E1963-E1965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         MOROCCAN AUTONOMY PLAN

                                 ______
                                 

                           HON. DAVID RIVERA

                               of florida

                    in the house of representatives

                       Tuesday, December 18, 2012

  Mr. RIVERA. Mr. Speaker, like so many others, I ran for Congress 
because I believe in the greatness of the American people, the nobility 
of our national ideals, and the eminence of our principles and rights 
that have made America that shining city upon a hill.
  But there are still many peoples who yearn for freedom and basic 
human liberties. The Sahrawi people of Western Sahara have been trapped 
in dreadful and oppressive conditions for over thirty years with the 
support and enabling of a compromised and corrupt Algerian government 
and its puppet regime, the Polisario Front.
  The Polisario instituted mass kidnappings of Sahrawis from their 
homes into the Tindouf region in Western Algeria. The majority of these 
refugees have remained warehoused and imprisoned in Tindouf's sprawling 
camps for 35 years.
  The Polisario partners and collaborates with the likes of Cuba, whose 
military distributes food in the camps on a quid pro quo basis and 
``educates'' children who have been reportedly stolen from their 
parents, and Al-Qaeda in the Maghreb.
  The Government of Morocco has advanced an Autonomy Plan that does 
address these issues and provides a clear, simple, transparent and 
democratic solution to the long drawn out Sahara crisis. This is where 
America's support should lie.
  Mr. Speaker, the United States can and must continue to advance 
fundamental human rights, freedom and democracy as we, in this chamber, 
continue to work together for peace, justice, and human dignity in the 
Western Sahara.

             The Moroccan Initiative in the Western Sahara

       The Moroccan initiative comes in response to repeated 
     requests of the United Nations Security Council and several 
     of its key members, including the United States, that Morocco 
     propose a solution to this longstanding problem that could 
     facilitate the opening of negotiations for a ``just, durable 
     and peaceful'' political solution.
       After nearly a decade of trying to bring the Polisario and 
     Morocco to agreement to conduct a referendum to determine the 
     territories future, Kofi Annan, then Secretary

[[Page E1964]]

     General, and James Baker, then Personal Envoy for the Western 
     Sahara, reported to the Security Council that it was not 
     possible to achieve agreement between the Polisario and 
     Morocco on the central issue of who should be permitted to 
     vote in a referendum. Consequently, Annan and Baker 
     recommended that the Security Council encourage Morocco and 
     the Polisario to enter into direct negotiations to find a 
     compromise political solution. The Security Council accepted 
     the assessment of Annan and Baker that a referendum would not 
     be possible, and began a process carried through several 
     years of UNSC resolutions calling for direct negotiations.
       James Baker proposed two such compromise political 
     solutions based on the underlying assumption that the 
     proposals would allow Morocco to remain sovereign in the 
     Western Sahara, but that the territory would benefit from a 
     substantial autonomy that would allow it to become self-
     governing. Morocco accepted the first Baker proposal as the 
     basis for direct negotiations, but the Polisario refused. The 
     Polisario accepted the second Baker proposal, but Morocco 
     refused since it did not allow for direct negotiations 
     between the parties on the terms of the arrangement. The 
     Moroccan proposal is the first and only proposal to come from 
     one of the Parties to the conflict in response to the 
     Security Council encouragements. In various forms, the 
     Polisario has continued to insist that the referendum be 
     held, and threatens a renewal of hostilities and the eviction 
     of the United Nations peacekeeping force from the territory 
     under its control, despite the fact that the Security Council 
     repeatedly has made clear that this solution is no longer 
     viable.


                  Summary of the Moroccan Initiative:

       The initiative is the product of a year long internal and 
     foreign Moroccan consultation process. All sectors of the 
     Sahrawi population were included in the consultations and the 
     views of foreign governments and expert international 
     authorities were sought before the plan was finalized for 
     presentation to the United Nations.
       The plan itself represents an outline for a political 
     solution that traces what Morocco considers to be the broad 
     scope of an autonomy arrangement for the Western Sahara. It 
     does not go into extensive detail on its various aspects on 
     the assumption that such specific arrangements should be the 
     result of direct negotiations rather than the imposition of 
     only one of the parties to the dispute.
       The plan provides for a local elected legislature that 
     would subsequently elect an executive authority. It also 
     would establish a separate judiciary for the autonomous 
     region with competence to render justice on matters specific 
     to the autonomous status of the region. The legislature would 
     elect a chief executive.
       The formula proposed by Morocco would ensure majority 
     representation in the legislature for Sahrawi inhabitants of 
     the autonomous region, while also ensuring credible 
     legislative representation for non-Sahrawis who have been 
     long-time residents in the territory. Residents of the 
     autonomous region would also continue to elect 
     representatives to the national legislature.
       The government of the autonomous region would have 
     exclusive authorities on some issues, shared authority with 
     the central government of Morocco on others and consultative 
     rights on authorities that remain reserved to the central 
     government and that effect the region.
       The autonomous government would control local 
     administration, local police, education, cultural 
     development, economic development, regional planning, 
     tourism, investment, trade, public works and transportation, 
     housing, health, sports and social welfare. It would have 
     taxing authorities to support these functions and would 
     continue to receive funding from the central budget as well. 
     It would be able to establish foreign regional trade 
     relations offices and would have consultative rights on other 
     sovereign foreign agreements affecting the region.
       The central government would retain exclusive jurisdiction 
     over the normal elements of sovereign authority: national 
     defense, currency, postal, and foreign affairs and religion, 
     over which the Monarchy has a special status in Morocco.
       The chief executive of the autonomous region would be 
     elected by the legislature, but would be invested by and 
     serve in the name of the Monarchy.
       The initiative also envisages transitional bodies to guide 
     the central government and the autonomous authority through 
     the initial stages of implementation of the plan.
       All individual rights guaranteed under the Moroccan 
     Constitution would continue to apply to all residents of the 
     autonomous region.

Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara 
                                 Region


         I. Morocco's commitment to a final political solution

       1. Since 2004, the Security Council has been regularly 
     calling upon ``the parties and States of the region to 
     continue to cooperate fully with the United Nations to end 
     the current impasse and to achieve progress towards a 
     political solution.''
       2. Responding to this call by the international community, 
     the Kingdom of Morocco set a positive, constructive and 
     dynamic process in motion, and pledged to submit an autonomy 
     proposal for the Sahara, within the framework of the 
     Kingdom's sovereignty and national unity.
       3. This 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 As such, it brings hope for a better future for 
     the region's populations, puts an end to separation and 
     exile, and promotes reconciliation.
       4. 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.
       5. Thus, the Sahara populations will themselves run their 
     affairs democratically, through legislative, executive and 
     judicial bodies enjoying exclusive powers. They will have the 
     financial resources needed for the region's development in 
     all fields, and will take an active part in the nation's 
     economic, social and cultural life.
       6. The State will keep its powers in the royal domains, 
     especially with respect to defense, external relations and 
     the constitutional and religious prerogatives of His Majesty 
     the King.
       7. The Moroccan initiative, which is made in an open 
     spirit, aims to set the stage for dialogue and a negotiation 
     process that would lead to a mutually acceptable political 
     solution.
       8. 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.
       9. To this end, Morocco calls on the other parties to avail 
     the opportunity to write a new chapter in the region's 
     history. Morocco is ready to take part in serious, 
     constructive negotiations in the spirit of this initiative, 
     and to contribute to promoting a climate of trust.
       10. To achieve this objective, the Kingdom of Morocco 
     remains willing to cooperate fully with the UN Secretary-
     General and his Personal Envoy.


              II. Basic elements of the Moroccan proposal

       11. The Moroccan autonomy project 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.


                  A. PowersoftheSaharaautonomousRegion

       12. In keeping with democratic principles and procedures, 
     and acting through legislative, executive and judicial 
     bodies, the populations of the Sahara autonomous Region shall 
     exercise powers, within the Region's territorial boundaries, 
     mainly over the following:
       Region's local administration, local police force and 
     jurisdictions;
       In the economic sector: economic development, regional 
     planning, promotion of investment, trade, industry, tourism 
     and agriculture;
       Region's budget and taxation;
       Infrastructure: water, hydraulic facilities, electricity, 
     public works and transportation;
       In the social sector: housing, education, health, 
     employment, sports, social welfare and social security;
       Cultural affairs, including promotion of the Saharan 
     Hassani cultural heritage;
       Environment.
       13. The Sahara autonomous Region will have the financial 
     resources required for its development in all areas. 
     Resources will come, in particular, from:
       Taxes, duties and regional levies enacted by the Region's 
     competent authorities;
       Proceeds from the development of natural resources 
     allocated to the Region;
       The share of proceeds collected by the State from the 
     development of natural resources located in the Region;
       The necessary funds allocated in keeping with the principle 
     of national solidarity;
        Proceeds from the Region's assets.
       14. The State shall keep exclusive jurisdiction over the 
     following in particular:
        The attributes of sovereignty, especially the flag, the 
     national anthem and the currency;
        The attributes stemming from the constitutional and 
     religious prerogatives of the King, as Commander of the 
     Faithful and Guarantor of freedom of worship and of 
     individual and collective freedoms;
        National security, external defense and defense of 
     territorial integrity;
        External relations;
        The Kingdom's juridical order.


  III. Approval and implementation procedure for the autonomy statute

       27. The Region's autonomy statute shall be the subject of 
     negotiations and shall be submitted to the populations 
     concerned in a free referendum. This referendum will 
     constitute a free exercise, by these populations, of their 
     right to self-determination, as per the provisions of 
     international legality, the Charter of the United Nations and 
     the resolutions of the General Assembly and the Security 
     Council.
       28. To this end, the parties pledge to work jointly and in 
     good faith to foster this political solution and secure its 
     approval by the Sahara populations.
       29. Moreover, the Moroccan Constitution shall be amended 
     and the autonomy Statute incorporated into it, in order to 
     guarantee

[[Page E1965]]

     its sustainability and reflect its special place in the 
     country's national juridical architecture.
       30. 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.
       31. To this end, 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.
       32. Once the parties have agreed on the proposed autonomy, 
     a Transitional Council composed of their representatives 
     shall assist with repatriation, disarmament, demobilization 
     and reintegration of armed elements who are outside the 
     territory, as well as with any other action aimed at securing 
     the approval and implementation of the present Statute, 
     including elections.
       33. Just like the international community, the Kingdom of 
     Morocco firmly believes today that the solution to the Sahara 
     dispute can only come from negotiations. Accordingly, the 
     proposal it is submitting to the United Nations constitutes a 
     real opportunity for initiating negotiations with a view to 
     reaching a final solution to this dispute, in keeping with 
     international legality, and on the basis of arrangements 
     which are consistent with the goals and principles enshrined 
     in the United Nations Charter.
       34. In this respect, Morocco pledges to negotiate in good 
     faith and in a constructive, open spirit to reach a final, 
     mutually acceptable political solution to the dispute 
     plaguing the region. To this end, the Kingdom of Morocco is 
     prepared to make a positive contribution to creating an 
     environment of trust which would contribute to the successful 
     outcome of this initiative.
       35. The Kingdom of Morocco hopes the other parties will 
     appreciate the significance and scope of this proposal, 
     realize its merit, and make a positive and constructive 
     contribution to it. The Kingdom of Morocco is of the view 
     that the momentum created by this initiative offers a 
     historic chance to resolve this issue once and for all.

                          ____________________