IV

105TH CONGRESS

1ST SESSION H. RES. 245

Expressing the sense of the House of Representatives in support of a free

and fair referendum on self-determination for the people of Western Sahara.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1997

Mr. ROYCE (for himself, Mr. SMITH of New Jersey, Mr. MENENDEZ, and Mr.

PAYNE) submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Expressing the sense of the House of Representatives in

support of a free and fair referendum on self-determination for the people of Western Sahara.

Whereas the International Court of Justice, in its opinion of

October 16, 1975, declared that there is no establishment

of any legal ties of territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco;

Whereas the September 1991 cease-fire accord between the

Kingdom of Morocco and the Front for the Liberation of

Saguia el Hamra and Rio de Oro, also known as the

Polisario Front, called for a referendum by the legitimate

people of Western Sahara;
2

•HRES 245 IH

Whereas the referendum originally scheduled for January

1992 has been repeatedly postponed because of disagreement over voter eligibility;

Whereas the United Nations has appointed former United

States Secretary of State James Baker III as Personal

Envoy of the Secretary General for Western Sahara to

end the current referendum stalemate;

Whereas talks between the Kingdom of Morocco and the

Polisario Front mediated by Mr. Baker have achieved

agreement on ways to end the referendum stalemate;

Whereas the end of the stalemate over the Western Sahara

referendum would allow for the release of civilian political

prisoners and prisoners of war held by Morocco and the

Polisario Front; and

Whereas the United States supports the holding of a free,

fair, and transparent referendum on self-determination

for the people of Western Sahara: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) expresses its full support to former United

3 States Secretary of State James Baker III in his

4 mission as Personal Envoy of the United Nations

5 Secretary General for the Western Sahara;

6 (2) expresses its support for a referendum on

7 self-determination for the people of Western Sahara

8 that should meet the following criteria:

9 (A) free, fair, and transparent and held in

10 the presence of international and domestic ob-
3

•HRES 245 IH

1 servers and international media without admin2 istrative or military pressure or interference;

3 (B) only genuine Sahrawis, as identified in

4 the method agreed to by both sides, will take

5 part in the referendum voting; and

6 (C) the result, once certified by the United

7 Nations, is accepted by both sides;

8 (3) encourages the release of civilian political

9 prisoners and prisoners of war held by Morocco and

10 the Polisario Front at the earliest possible date; and

11 (4) requests the administration to fully support

12 former United States Secretary of State James

13 Baker III in his mission of organizing a free, fair,

14 and transparent referendum on self-determination

15 for the people of Western Sahara without military or

16 administrative constraints.

Æ