HKMUN HRC: Human Rights in Western Sahara

• The Hong Kong Model United Nations (HKMUN) conference took place March 28-30, 2025.
• The Human Rights Council (HRC) Chair Report outlines the topics of debate for the HRC at the HKMUN.
• Jeremy Sze and Angelina Au-Yeung are the chairs.

Topics of Debate

• Addressing Human Rights Abuses in the Western Sahara
• Addressing Ethical and Legal Implications of Euthanasia in Developing Countries

Introduction to Human Rights in the Western Sahara

• The interplay between human rights and national independence remains a key global issue.
• The right to self-determination, though a fundamental tenet of international law, is often ambiguous and challenged, potentially leading to conflict and human rights violations.
• Colonialism's legacy continues to impact the sociopolitical landscape via geopolitical conflicts, resource exploitation, and cultural erosion.
• The Western Sahara is an example of the struggle for self-determination rooted in a Western colonial past and resource exploitation.
• Governance of the Western Sahara has been contested since Spain's withdrawal in the 1970s.
• Independence movements have occurred since then, marked by violence.

Key Terms related to the Western Sahara

• Censorship: Suppressing ideas or beliefs.
• Colonialism: Establishing political and economic control over a foreign country, exploiting resources, and diluting the native population.
• Dissent: Holding opinions different from the government or society.
• Due process: Legal rights and fair treatment through the judicial system.
• Freedom of speech: Expressing ideas without fear of government punishment.
• Self-determination: A people's right to choose their government.
• Neocolonialism: Exerting control over a foreign country through economic, military, or political means.
• National sovereignty: A country's ability to make decisions without external influence.
• Polisario: A Sahrawi socialist liberation movement for an independent SADR.
• Prisoner of conscience: Someone imprisoned for nonviolent expression of beliefs.
• Refugee: A person forced to flee their country due to war, disaster, or persecution.
• Settlers: Individuals or groups that move to a foreign territory.
• Self-Censorship: Controlling expression of potentially dangerous ideas.

Historical Allegations relating to the Western Sahara

• Both Morocco and Polisario have accused each other of human rights abuses.
• Claims of a lack of international backing and evidence plague historical violence.
• In 1976, the Moroccan army bombed Sahrawi refugee camps in Oum Dreyga.
• Prisoner-of-war camps during the conflict had about 2,400 prisoners in poor conditions.
• Reports from the 1980s and 1990s indicate that hundreds of Sahrawis linked to separatist movements were detained or disappeared to suppress dissent.
• Human Rights Watch reports that victims were tortured in black sites for up to two decades, with 500+ Sahrawis still “disappeared.”
• Morocco has been accused of using settler colonists by transporting an estimated quarter of Western Sahara's population in the 1990s to increase voter turnout for pro-Moroccan parties.
• Polisario has faced allegations of recruiting child soldiers and sending Sahrawi students to Cuba for communist indoctrination.
• International organizations documented cases of children as young as 12 being sent to military schools.
• Morocco alleges that Polisario forcibly separates families by sending children to Cuba for sex work or military training.

Current Status of the Western Sahara

• Allegations persist of limited freedom of speech in Morocco-administered Western Sahara.
• It is granted de-jure freedoms under the Moroccan constitution, but media content deemed critical can still lead to penalties.
• This leads to self-censorship, especially on opinions of dissent or separatism.
• Police abuse and torture have been reported by Polisario organizations.
• Prisoners of conscience held by Morocco are reportedly held in squalid conditions.
• The Moroccan government typically denies allegations of prisoners held in squalid conditions.
• The Polisario Front controls the population living in the Tindouf refugee camps.
• There are positive reports of democratization and equitable food allocation in the Tindouf camps.

Key Clashes in the Western Sahara

• At the heart of the human rights crisis is the conflict between Sahrawi self-determination and Morocco's claim to the territory.
• Morocco views absolute sovereignty over Western Sahara as essential for national security, unity, and territorial integrity, stemming from decades of colonization.
• Self-determination, a right recognized in the UN Charter, doesn't always equate to national sovereignty and often manifests as recognition of cultural history or decentralized governance, especially for indigenous peoples.
• Morocco's efforts to promote economic development, such as exploiting phosphate reserves and investing in infrastructure, are negatively seen by the SADR as detracting from Sahrawi self-determination.
• An influx of ethnic Moroccans (two-thirds of the current population) moving into Western Sahara has created challenges for Sahrawi self-determination.
• The MINURSO mandate has been extended by the UN Security Council seventy times since 1991, with little progress towards an independence referendum.
• Freedom of expression clashes with national security in the context of separatist movements like the Sahrawi cause.
• Demonstrations for greater autonomy or political recognition often result in violent responses from security forces.
• Ensuring that national security measures don't infringe on freedom of speech and expression remains a challenge.
• The right to a fair trial and due process is a concern for MINURSO and international stakeholders in Western Sahara.
• There have been consistent reports of poor treatment of prisoners, especially Sahrawi activists.
• Allegations of torture and prisoner malnourishment in Moroccan-operated prisons indicate confessions are often coerced.
• There is a continued effort to quell political dissent in Morocco and the Western Sahara.
• Ethnic Sahrawis often report bias from police officers, contributing to ethnic tensions.

Important Stakeholders in the Western Sahara

• Sahrawi Arab Democratic Republic (SADR): Claims the entirety of Western Sahara but controls one-fifth from Tindouf.
• Polisario Front: The main Sahrawi separatist movement, with a goal to dismantle post-independence
• Morocco: Claims sovereignty over Western Sahara, considering it an integral part of the territory.
  • Morroco Allegedly conducted various human rights abuses to remain in Western Sahara.
• Mauritania: Initially claimed territory in the 1970s but withdrew in 1979 and recognized the SADR in 1984.
• Spain: Recognizes the Western Sahara Autonomy Proposal as the most credible solution.
• Algeria: Key supporter of the Sahrawi cause, hosts refugee camps in Tindouf, and provides financial, military, and political assistance to Polisario.
• France: A historical supporter of the Moroccan position, influenced by strategic and economic interests.
• United Nations Mission for the Referendum in Western Sahara (MINURSO): Established in 1991 to oversee a ceasefire and conduct a referendum, but the referendum has been stalled by political gridlock.
• European Union (EU): Supports UN efforts but doesn't recognize Moroccan claims over Western Sahara.
• African Union (AU): Recognizes the SADR as a member state, supports Sahrawi self-determination, and seeks a mediating role in the conflict.

Timeline of Events relating to the Western Sahara

• 1884: Spain declares a protectorate over "Spanish Sahara" during the Berlin Conference.
• March 1912: Spain signs the Treaty of Fez with France, establishing the protectorate of Spanish Morocco.
• November 18, 1956: The Kingdom of Morocco gains independence from France and claims the Spanish Sahara.
• November 23, 1957: The Ifni War begins wth Moroccan militias converging near Sidi Infni and El Aauin.
• December 12, 1960: UN adopts Resolution 1514, emphasizing the right to self-determination.
• August 12, 1963: UN adds Western Sahara to the list of Non-Self Governing Territories.
• June 30, 1969: Spain cedes Sidi Ifni back to Morocco.
• November 6, 1975: The government of Morocco coordinates the Green March, condemned later by UNSC Resolution 380.
• November 14, 1975: Spain, Morocco, and Mauritania sign the Madrid Accords for the end of Spanish colonisation of the territory.
• December 10, 1975: Spain promises the UN a future referendum that will be opposed by Morocco.
• February 26, 1976: Spain withdraws from the Western Sahara permanently and the Polisario proclaim the SADR.
• August 5, 1979: Mauritania withdraws from Western Sahara after a coup d'état.
• 1980: Morocco begins construction of the Moroccan Wall.
• November 1991: A cease-fire brokered by the UN, referendum that did not occur.
• July 22, 2002: James Baker presents the plan for the Sahrawi that is now known as the Baker Plan.
• April 29, 2004: Morocco withdraws from the terms of the Baker Plan.
• May 21, 2005: The May Intifada begins and ends with the International reports of severe prisoner torture.
• April 10, 2007: Polisario presents a proposal to the UN.
• April 11, 2007: The Moroccan Royal Advisory Council for Saharan Affairs presents a proposal for Sahrawi autonomy to the UN.
• October 9, 2010: Sahrawi people establish the Gdeim lzik camp near Laayoune.
• November 8, 2010: Moroccan authorities destroy the current Gdeim Iizik camp.
• November 24, 2014: Morocco ratifies the Optional Protocol to the United Convention against Torture.
• March 18, 2022: Spain accepts the Morocco proposal.
• October 31, 2024: The UNSC renews the mandate for a MINURSO until that date in 2025.

Past UN resolutions in the Western Sahara

• The UN has played a key role since 1975 and the end of Spanish involvement.
• The Western Sahara remains on the UN's list of non-self-governing territories.
• MINURSO’s success is limited in its role of seeking the implementation, despite its establishment in 1991.
• Internal dis agreements hamper progress despite efforts made by the UN.

Introduction to Ethical and Legal Implications of Euthanasia in Developing Countries

• Euthanasia or assisted suicide is legal in some countries.
• The rapid development of modern medicine has allowed for longer lives.
• Often patients face agonizing deaths from chronic degenerative diseases.
• This has sparked debates on whether it is acceptable to be legally permitted the practice as means of upholding the "right to die with dignity."

Key Terms related to Euthanasia

• Euthanasia: Intentionally and directly causing the death of another person such as by way of lethal injection.
• Assisted suicide: Providing the means of death to another person is knowingly, intentionally done.
• Palliative care: Specialized medical care for people living with a serious illness
• Undue influence: Excessive or improper pressure.
• Therapeutic privilege: The ability of healthcare providers to withhold information from patients.
• Medical paternalism: A physician determines that a patient's wishes or choices should not be honored.

Legal Frameworks relating to the issue of Euthanasia

• The legal situation is ever evolving.
• There is a small number of developing countries that have legalized the practice.
• Countries like Columbia, Mexico, and Panama have taken steps to decriminalize the practice while countries from Africa to Asia do not accept, instead view the practice as murder.

Socioeconomic Factors that impact the practice of Euthanasia

• Developing nations' stance is shaped by conditions such as wealth, access to healthcare etc.
• Patients and families create immense burdens on terminally ill patients.
• There is economic imbalance that wealth people obtain more access to palliative care and the impoverished are more affected.

Ethical Debates revolving Euthanasia

• Restrictions and bans are the most common, but in certain circumstances countries allow for it.
• Canada, Belgium, Netherlands are examples of countries that permit the practice.
• Other countries based on religious grounds forbid the practice in general.

Key Clashes revolving around Euthanasia

• Palliative care neither postpones or induces death.
• Studies show that patients receiving that palliative style have better survival rates and quality.
• Palliative care is arguably not beneficial to circumstances that include the loss of autonomy.
• Religious beliefs say that humans is sacred and precious is a key principle.
• It has been argued that humans should not be allowed to determine the decision themselves.
• There is the thought that patients should have the control of their own bodies regarding the process of the practice.

Ethical vs. non-ethical issues that present a clash

• There is the potential that there is an abuse of that process with family and coercion.
• Compassionate belief is presented that is fundamental that has to be delivered by the right steps, preventing misuse.
• Regarding the Hippocratic Oath, it is a form of doing no harm.
• The modern understanding of medical ethics calls to respect the patient’s autonomy and alleviate suffering.

Important Stakeholders regarding Euthanasia

• United States: Only legal in some states, debates revolve personal autonomy and religious ethics
• India: Not legalized, Hindu and Muslim traditions state concerns it cannot be performed.
• Brazil: Prohibits it due to Catholic beliefs, advocates fear marginalized groups.
• China: Has legalized passive, allows for life support to be withdrawn.
• United Kingdom: Allows for passive, debates have occurred about the individual liberties to be had for vulnerable civilians.
• South Africa: Has not legalized, belief in indigenous believes has called for the sanctity of life.

Timeline of Events regarding the legalization of Euthanasia

• 1935-1942: The Nazi regime in Germany promotes the killing of people with disabilities to amount over 70,000 people.
• 1970: The right-to-die gains momentum as there are high profile cases such as Ann Quinlan.
• 1976: Netherlands becomes the first country to allow such practices for terminally ill patients.

UN’s involvement in the legalization process

• UN largely has remained that such issues related largely to that of national legalization.
• frameworks and rights have been recognized, but that is the extent of their influence so far. principles have been emphasized in the past, such as the consent by civilians who are impacted with mental illness
• There had been little clarification of the topic at hand that leads to debate.