Morocco's plan for the Sahara: a president chosen by the king and autonomy to be voted in a referendum throughout the kingdom

The proposal rules out any form of "external guardianship" and provides for a mechanism to...

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MADRID, February 14 (EUROPE PERS).

Morocco has finally developed its autonomy plan for the Western Sahara, which it unveiled in 2007, as demanded by the Security Council's 2797 resolution recently, offering to the former Spanish colony led by a person appointed by Mohammed VI and demanding the consent of all Moroccan people in the referendum to move forward.

It was drawn up in a 40-page document by three royal advisers - former foreign minister Tayyab Fassi Fehri, Faqir Omar Azman (ambassador to Spain between 2004 and 2010) and Fouad Ali Al-Hama, the king's chief adviser and confidant - whose content was circulated this week by Moroccan media and other media outlets. The Spanish 'atelier', very close to Rabat.

The publication of the details of the contributions tabled by the Alawite kingdom followed a meeting held on February 8 and 9 at the American Embassy in Madrid.The meeting brought together the heads of diplomacy of Morocco and the Polisario Front, as well as Algeria and Mauritania, and was supported by the US ambassador to the UN, Mike Waltz, and the African representative, Massad Boulos, and the UN representative for the Sahara, Staffan de Mistura.

In the opinion of Irene Fernández Molina, professor of international relations at the University of Exeter, "it is a research balloon" to see what the international community says and, although what is proposed "is reasonable" and compatible with other self-governing systems - the case of Spain or Greenland is mentioned -, "no political or legal guarantee is made."

According to this expert, the proposal proposed by Morocco "may make sense and work within the rule of law", but the Alawite kingdom "is not".In this sense, it fits the change index of the Bertelsmann Foundation, where Morocco remains at 3 points for the rule of law, 2 for the separation of powers and 2 for the independence of the judiciary.

Here are the highlights of the Moroccan offer:

LAND GOVERNMENT AND WORKS

The state will retain powers related to national defense and security, foreign policy, finance, citizenship and symbols of sovereignty, but the regional government will have power over land use, urban planning, tourism and industrial development, fisheries management and social systems such as health or education, and can be placedregulations on these matters.

Similarly, unless otherwise agreed, a subsidiary clause whereby any power expressly assigned to a territory remains national, as well as a constitutional guarantee clause which allows for the exceptional and temporary suspension of certain territorial powers if they are deemed to seriously harm the constitutional structure, regional institutions or functioning of the territory.

The president of the regional government will be formally invested by King Mohammed VI "to guarantee the constitutional coherence and unity of the state", explains "Atalayar", while "Le Desk" argues that since the monarch is the one who appoints the prime minister in Morocco, "the application of a different rule in the Sahara would create a dangerous institution".In addition, he will be the representative of the State in the region.

This is one of the most controversial aspects.The view of Fernández Molina, is "contradictory" within the framework of the assumption of independence, because what is desired - and what the Polisario will demand, assuming they accept the proposal - will be a direct election.

Finally, the constitution of a unicameral regional assembly is planned, in which part of the representatives will be elected by direct universal suffrage, which will also be part of the national parliament, and the other part will be determined by the recognized Sahrawi tribes through a system established under organic law.In addition, a quota of female representatives is provided.This Parliament shall have full legislative powers in matters within its jurisdiction.

SYSTEMS AND SYSTEMS

In the economic section, the future autonomous region will be able to collect provincial taxes, royalties for the exploitation of natural resources, and will also retain a share of the national income received in the region.Western Sahara is rich in fisheries, phosphorite, and has significant potential for wind and solar energy.Part of the revenue from these resources will remain in the region, but the percentage has yet to be negotiated.

Likewise, the independence plan protects the collective lands of Sahrawi peoples and establishes a legal framework for mining permits and strategic investments.Here, too, there was a problem, as the idea that foreign investment should be allowed at the local and state level might have been an obstacle to Rabat's past hostility to what Algeria did not like.

RETURN OF REFUGEES AND DISARMAMENT

Another reason for the Moroccan proposal is the return of Sahrawi refugees living in the camp in Tindouf (Algeria), who number about 173,000 according to humanitarian estimates.Thus, a permanent commission is set up to regulate income, with powers to verify identity and control affiliation, although specific criteria will have to be defined in further negotiations.

In addition,disarmament of Polisario fighters;It should also include a disarmament and reconciliation mechanism, which should exclude war crimes and crimes against humanity.

Proof in surveys

But for all this to be applied, first the status of autonomy must be submitted to a referendum throughout the Moroccan territory, not only in the Western Sahara, as traditionally claimed by the Polisario and for which exactly the UN mission (MINURSO) was created.

"This in no way meets the formal requirements of a process of self-determination," warned a professor at the University of Exeter, something the Polisario may find difficult to accept. "Political suicide"

If approved in a referendum, the law is adopted, the text is included in the constitution with a special title, and any revision is subject to the approval of a qualified majority in the regional and national parliaments and a new referendum.

In addition, the territorial inalienability clause does not contain any interpretation in favor of the right of secession."Autonomy is conceived not as a step towards independence but as a final solution", points out 'Le Desc'.

Finally, experts note that "international recognition of the statute does not lead to any permanent foreign protection."

This means, he explains, that Morocco does not accept the possibility of any “international leadership over time to ensure that what has been agreed upon is carried out.”If the statute is adopted, Western Sahara will become a subject of national law and there will no longer be a place for the international community, he points out.