Security Council resolution 2044 (2012) [on extension of the mandate of the UN Mission for the Referendum in Western Sahara (MINURSO) until 30 Apr. 2013]
Symbol: S/RES/2044(2012)
Date: 2012-04-24
Status: adopted
Agenda: S/67 [44] WESTERN SAHARA QUESTION
S/67 [45] UN MISSION FOR THE REFERENDUM IN WESTERN SAHARA
Subjects: UN Mission for the Referendum in Western Sahara|PEACEKEEPING OPERATIONS|NEGOTIATION|WESTERN SAHARA|WESTERN SAHARA QUESTION|CEASEFIRES|SEX CRIMES|TROOP-CONTRIBUTING STATES|TRAINING PROGRAMMES|ACCOUNTABILITY|CONFIDENCE-BUILDING MEASURES|BUDGET CONTRIBUTIONS|FAMILY VISITS|SELF-DETERMINATION OF PEOPLES
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                    S/RES/2044 (2012)
               Security Council                                                Distr.: General
                                                                               24 April 2012




               Resolution 2044 (2012)
               Adopted by the Security Council at its 6758th meeting, on
               24 April 2012

                    The Security Council,
                    Recalling and reaffirming all its previous resolutions on Western Sahara,
                    Reaffirming its strong support for the efforts of the Secretary-General and his
               Personal Envoy to implement resolutions 1754 (2007), 1783 (2007), 1813 (2008),
               1871 (2009), 1920 (2010), and 1979 (2011),
                     Reaffirming its commitment to assist the parties to achieve a just, lasting, and
               mutually acceptable political solution, which will provide for the self-determination
               of the people of Western Sahara in the context of arrangements consistent with the
               principles and purposes of the Charter of the United Nations, and noting the role and
               responsibilities of the parties in this respect,
                     Reiterating its call upon the parties and States of the region to cooperate more
               fully with the United Nations and with each other and to strengthen their
               involvement to end the current impasse and to achieve progress towards a political
               solution,
                    Welcoming the efforts of the Secretary-General to keep all peacekeeping
               operations, including MINURSO, under close review and reiterating the need for the
               Council to pursue a rigorous, strategic approach to peacekeeping deployments,
                     Expressing concern about the violations of existing agreements, and calling on
               the parties to respect their relevant obligations,
                    Taking note of the Moroccan proposal presented on 11 April 2007 to the
               Secretary-General and welcoming serious and credible Moroccan efforts to move the
               process forward towards resolution; also taking note of the Polisario Front proposal
               presented 10 April 2007 to the Secretary-General,
                    Encouraging in this context, the parties to demonstrate further political will
               towards a solution including by expanding upon their discussion of each other’s
               proposals,
                    Taking note of the four rounds of negotiations held under the auspices of the
               Secretary-General and the continued rounds of informal talks, and welcoming the
               progress made by the parties to enter into direct negotiations,


12-31271 (E)
*1231271*

S/RES/2044 (2012)


                     Welcoming the progress made by the parties in discussing innovative
               negotiating approaches and discrete subjects, their commitment to deepen the
               discussions on these and other issues, and the 9 November 2011 meeting of the
               parties on natural resources and progress made towards demining,
                    Welcoming the positive conclusion of the 12-16 September 2011 UNHCR-
               sponsored seminar on Hassaniya culture and the agreement by the parties to hold
               two additional seminars in 2012, as well as the holding of a UNHCR-facilitated
               high-level meeting on Confidence Building Measures for Western Sahara on
               24-25 January 2012,
                     Stressing the importance of improving the human rights situation in Western
               Sahara and the Tindouf camps, and encouraging the parties to work with the
               international community to develop and implement independent and credible
               measures to ensure full respect for human rights, bearing in mind their relevant
               obligations under international law,
                    Welcoming the opening of National Council on Human Rights Commissions
               operating in Dakhla and Laayoune, and the steps taken by Morocco in order to fulfil
               its commitment to ensure unqualified and unimpeded access to all Special
               Procedures of the United Nations Human Rights Council,
                     Also welcoming the implementation of the enhanced refugee protection
               program developed by the Office of the UN High Commissioner for Refugees in
               coordination with the Polisario Front, which includes refugee and human rights
               training and awareness initiatives,
                     Reiterating the request that UNHCR maintain its consideration of a refugee
               registration in the Tindouf refugee camps,
                     Looking forward to the implementation of the updated plan of action on
               confidence building measures adopted in Geneva 24-25 January 2012, including the
               inauguration of family visits by land, use of new information technology to facilitate
               communication links between families, and the continuation and expansion of the
               existing programme by air, and encouraging the parties to cooperate with the Office
               of the United Nations High Commissioner for Refugees in implementing their
               agreement,
                    Welcoming the commitment of the parties to continue the process of
               negotiations through the United Nations-sponsored talks,
                     Recognizing that the consolidation of the status quo is not acceptable, and
               noting further that progress in the negotiations is essential in order to improve the
               quality of life of the people of Western Sahara in all its aspects,
                    Affirming support for the Secretary-General’s Personal Envoy for Western
               Sahara Ambassador Christopher Ross and his work in facilitating negotiations
               between the parties, welcoming his ongoing consultations with the parties and
               neighbouring states, and looking forward to his regional visit in the near future,
               including to Western Sahara, as per the communiqué of the Informal Meeting on
               Western Sahara 11-13 March 2012,
                    Affirming support for the Special Representative of the Secretary-General for
               Western Sahara and Head of MINURSO Hany Abdel-aziz,




2                                                                                                       12-31271

                                                                                                 S/RES/2044 (2012)


                Having considered the report of the Secretary-General of 11 April 2012
           (S/2012/197),
                1.    Decides to extend the mandate of MINURSO until 30 April 2013;
                2.    Reaffirms the need for full respect of the military agreements reached
           with the United Nations Mission for the Referendum in Western Sahara
           (MINURSO) with regard to the ceasefire and calls on the parties to adhere fully to
           those agreements;
                 3.  Calls upon all parties to cooperate fully with the operations of
           MINURSO, including its free interaction with all interlocutors, and to take the
           necessary steps to ensure the security of as well as unhindered movement and
           immediate access for the United Nations and associated personnel in carrying out
           their mandate, in conformity with existing agreements;
                 4.   Welcomes the parties’ commitment to continue the process of holding
           small, informal talks in preparation for a fifth round of negotiations, and recalls its
           endorsement of the recommendation in the report of 14 April 2008 (S/2008/251) that
           realism and a spirit of compromise by the parties are essential to achieve progress in
           negotiations;
                 5.   Calls upon the parties to continue to show political will and work in an
           atmosphere propitious for dialogue in order to enter into a more intensive and
           substantive phase of negotiations, thus ensuring implementation of resolutions 1754
           (2007), 1783 (2007), 1813 (2008), 1871 (2009), 1920 (2010), and 1979 (2011) and
           the success of negotiations, inter alia, by continuing their discussion of the ideas in
           paragraph 120 of the Secretary General’s report (S/2011/249);
                6.    Affirms its strong support for the commitment of the Secretary-General
           and his Personal Envoy towards a solution to the question of Western Sahara in this
           context and calls for an intensified pace of meetings and strengthening of contacts;
                 7.    Calls upon the parties to continue negotiations under the auspices of the
           Secretary-General without preconditions and in good faith, taking into account the
           efforts made since 2006 and subsequent developments, with a view to achieving a
           just, lasting, and mutually acceptable political solution, which will provide for the
           self-determination of the people of Western Sahara in the context of arrangements
           consistent with the principles and purposes of the Charter of the United Nations, and
           noting the role and responsibilities of the parties in this respect;
                8.    Invites Member States to lend appropriate assistance to these talks;
                 9.    Requests the Secretary-General to brief the Security Council on a regular
           basis, and at least twice a year, on the status and progress of these negotiations
           under his auspices, on the implementation of this resolution, challenges to
           MINURSO’s operations and steps taken to address them, and expresses its intention
           to meet to receive and discuss his briefings and in this regard, further requests the
           Secretary-General to provide a report on the situation in Western Sahara well before
           the end of the mandate period;
                10. Welcomes the commitment of the parties and the neighbouring states to
           hold periodic meetings with the Office of the United Nations High Commissioner
           for Refugees to review and, where possible, expand confidence-building measures;




12-31271                                                                                                        3

S/RES/2044 (2012)


                     11. Urges Member States to provide voluntary contributions to fund
               confidence-building measures that allow for visits between separated family
               members, as well as for other confidence-building measures agreed upon between
               parties;
                     12. Requests the Secretary-General to continue to take the necessary
               measures to ensure full compliance in MINURSO with the United Nations zerotolerance policy on sexual exploitation and abuse and to keep the Council informed,
               and urges troop-contributing countries to take appropriate preventive action
               including pre-deployment awareness training, and other action to ensure full
               accountability in cases of such conduct involving their personnel;
                    13.   Decides to remain seized of the matter.




4                                                                                                    12-31271