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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Peace plan for self-determination of the people of Western Sahara ('Baker Plan II')
Record 117

Country :

Morocco/Western Sahara

Agreement Title/Name:
Peace plan for self-determination of the people of Western Sahara ('Baker Plan II')
Year :
2003
Date Signed :

23 May 2003

Summary :

Proposal for referendum on final status of Western Sahara within 5years and immediate establishment of Western Sahara Authority with considerable autonomy.


Parties :
proposed by James Baker, UN Special Envoy. Parties to be Morocco and Frente Polisario
Third Parties :
Statehood/Identity :
1. purpose of the agmt is to provide for self-determination in Western Sahara.. The final status to be determined by a referendum conducted in accordance with part II of the plan: 2. a referndum to dtermintee the final status of WS shall be held no earlier than four years and no later than five years after the effective date o the plan. The options or ballot questions to be included in the referendum will include: (a) those previously agreed to in the settlement plan; and (b) any additional options or ballot questions agreed to by Moroco and WS Auhtority (as defined below). 3. A referndum option or ballot question shall be deemed to have adopted it if receives more than 50 per ecnt of the votes case in the referndum. During the period between the effective date of the plan (i.e. when signed by all parties) and the implementation of the results of the referendum on final status, governmental authority shall be exercised in WS in accordance with part III of the plan: 8. (a) the population of WA, acting through the exec, leg, and judicial bodies established under the plan (i.e. the Western Sahara Authority) shall be responsible for and have exclusive competence over local govt, the territorial bdget, taxation, economci development, internal security, law enforcement, social welfare, cutlural affairs, education, commerce, transportation, agriculture, mining, fisheries, industry, environment, housing and urban development, water and electricity, roads and other basic infrastructure; (b) Morocco shall be responsible for and have exclusive competence over foreign relations (incl. intl agmts and conventions), national security, and external defences, sale of weapons, and the preservation of territorial integrity against secessionist attempts. 9. the authority of Morocco for the foreign relations of WS shall be exercised in consultation with the WS Authority. Morocco may authorise reps of the Authority to serve as members of the Kingdom's diplomatic delegations in intl meetings concerned with economic issues and other issues of direct interest to WS. 18. neither morocco nor the WSA may unilaterally change or abolish the status of WSm except for the adoption of such laws as may be necessary to conform to the results of the referdum on final status. No change to this plan may be made without the agmt of the King of Morocoo and the Chief Exefc and the Legislative Assembly of WS.
Governance/Democratic Inst :
Not Applicable
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
19. Immediately after the effective date o this plan, all politiacl prisoners and POWs shall be released, and the obligation of each party inthis regard is not dependent upon performance by the other. The interested parties agree that they shall continue their cooperation with relevant intl bodies until the completion of the repatriation process.
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
8.(b) Morocco to be responsible for the preservation of territorial integrity agaisnt secessionist attempt, wherher from within or outside the Territory, provided however, that the right to preserve territorial integrity shall not authorize any action whatsoever that would prevent, suppress, or stifle peaceful public debate, discouse or campaign activity, particularly during any election or referendum period. 13. all laws, regs, and actso fhte WSA shall be consistent with internationally recognized HR standards (incl HR standards in any treateis to which Morocco is a party). In no event shall HR in WS be protected to a lesser ectent than is provided for in the constitution and laws of Morocco. 17. Campaigns for the election and referendum referred to in this plan shall be condted in a manner consistent with intl HR standards and in keeping with the principles of the Code of Conduct agreed to by Morocco and the Polisario in the 1997 Houston accords. In particular, the interested parties agree not to hunder the ability of persons to campaign peacefully for or agaisnt any person standing for election or any option or ballot question offered to the voteres in the referendum on final status.
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
Not Applicable
Civil Society :
Not Applicable
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
4. the referedum shal be organized and conducted by the UN and monitored by intl observers addredited by the UN. 5. those elegible to vote will be identified as such by the Identification Commission of the UN Mission for the Referendum in WS. 7. all interested parties and neighbouring countires agree to accept and respec the results of the referendum. 19. Parties to cooperate with the relevant intl bodies in the completing the release of political prisoners and POWs. 21. The UN will assist the parties, in particular the WSA in fulfilling their responsibilities under this plan. The UNSC to amend the mandate of the UN Mission accordingly. 22. The UNSG to use his good offices to assist the interested parties in the implementation of this plan. The interested parties agree that the SG will have the authority to interpret thisplan and that in the event of any disagreement about the meaning of the plan, the SG's interpretation shall be binding on the interested parties. 23. By signing this doc, the interested parties, the neighbouring courtires and the UN agree to the terms fo the plan, effective on the date on which all of them have signed the agmt.
International Community :
Algeria and Mauritania to be witnesses to agmt. 19. Parties to cooperate with the relevant intl bodies in the completing the release of political prisoners and POWs.
UN Involvement :
Plan proposed by James Baker, UNSG Personal Envoy to Western Sahara; UN to be witness to agmt; 4. the referendum shal be organized and conducted by the UN and monitored by intl observers addredited by the UN. 5. those elegible to vote will be identified as such by the Identification Commission of the UN Mission for the Referendum in WS. 21. The UN will assist the parties, in particular the WSA in fulfilling their responsibilities under this plan. The UNSC to amend the mandate of the UN Mission accordingly. 22. The UNSG to use his good offices to assist the interested parties in the implementation of this plan. The interested parties agree that the SG will have the authority to interpret thisplan and that in the event of any disagreement about the meaning of the plan, the SG's interpretation shall be binding on the interested parties.
Source :
outline in UN SG report 23/05/2003


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