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19.
For its part, the UN Security Council which has never ceased to emphasise the
need for just and lasting solution that guarantees self-determination for the Sahrawi
people, reiterated through Resolution 1720 (2006), its determination to work towards
reaching a just and negotiated solution that gives the people of Western Sahara that
chance of self-determination.
20.
On the other hand, it should be recalled that the General Assembly, based on the
initiative of Morocco and Mauritania, referred the issue to the International Court of
Justice which through a legal opinion issued on 16 October 1975, clearly acknowledged
that “the elements and information at its disposal do not establish the existence of any
regional sovereignty relationships between Western Sahara on the one hand, and the
Kingdom of Morocco and the Mauritanian Entity on the other. Therefore, the Court did
not establish any legal ties that could prevent the implementation of Resolution 1514
(15) of the UN General Assembly on the Decolonisation of Western Sahara, particularly
implementation of the principle of self-determination through free and genuine
expression of the will of the people of the region.
21.
In like manner, the same opinion expressed by the UN Legal Adviser on 29
January 2002 at the request of the UN Security Council, has confirmed clearly that
Morocco is not the administrative authority in the region. It also confirmed that the 1975
Madrid Agreements have not transferred sovereignty of the region to their signatories.
Those agreements have not affected the status of the Western Sahara as a region that
has not yet exercised its right to self-determination.
“the Madrid Accord has not
transferred sovereignty and has not given any of the signatory States the right to
become the administrative authority of the region. This status was not given to Spain
to be transferred unilaterally. The transfer of the administration of the region to Morocco
and Mauritania in 1975 has not changed the status of Western Sahara as a region that
has not gained independence.
22.
In
fact, the UN General Assembly, Security Council, International Court of
Justice, and the Legal Section of the United Nations, have all clearly recognized that the