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46.
Today, finding a solution to the Western Sahara issue, that is just fair and final
based on international legality, is both necessary and possible.
A solution is still
possible, because with the political will the UN/AU Settlement Plan and the SelfDetermination Peace Plan could form an appropriate and a decent framework for finding
a solution to the conflict. The United Nations and the African Union which both have
special responsibility towards the people of Western Sahara, including their protection
and the preservation of their natural resources, should spare no efforts in ensuring
justice and prevalence of international legality in Western Sahara in the final analysis,
just as has been the case in other parts of the world.
47.
At a time the composition of the United Nations is evolving towards becoming a
cosmos that embraces nations of various sizes that have determined their final destiny
through decolonisation, the Moroccan unilateral stance which negates the inalienable
right of the people of Western Sahara to self-determination, should not be condoned.
Chapter Three: The Legal and Institutional Framework for the Promotion of
Human Rights in the Sahrawi Republic
I.
48.
The Constitution
The Sahrawi Constitution underpins the strong will of the Sahrawi Republic to
build constitutional and legal institutions within a republican framework based on
democratic practices and principles of justice and equality as contained in the 2007
amended Constitution in line with the provisions of the African Charter.
49.
Article 13 of the Constitution spells out the major objectives the Sahrawi people
seek to achieve and which are reflected by the motto of the State that “the State derives
its legality from the will of the people it serves”. Its motto is: “Freedom, Democracy,
Unity”. The major objectives the Sahrawi State seeks to achieve, could be summed up
thus: