马德里协议

The Madrid Accords, formally the Declaration of Principles on Western Sahara, was a treaty between Spain, Morocco, and Mauritania setting out six principles which would end the Spanish presence in the territory of Spanish Sahara and arrange a temporary administration in the area pending a referendum.

The territory had been a Spanish province and former colony. The agreement was signed in Madrid on November 14, 1975, six days before Spanish dictator Francisco Franco died, although it was never published on the Boletin Oficial del Estado. This agreement conflicted with the Law on decolonization of Sahara, ratified by the Spanish Parliament (Cortes) on November 18.

Under the Madrid agreement, the territory would then be divided between Morocco and Mauritania, with no role for either the Polisario Front or the Sahrawi people generally. Following the accords, the Polisario relocated from the Mauritanian border to Algeria.

Background

The province's future had been in dispute for several years, with both Morocco and Mauritania demanding its full annexation to their territory and Spain attempting to introduce either a regime of internal autonomy or a Sahrawi pro-Spanish independent state. Additionally, an independent group of indigenous Sahrawis called the Polisario Front sought independence through guerrilla warfare. The United Nations had since 1963 regarded the area as a colony, and demanded self-determination for it, in accordance with General Assembly Resolution 1514.

Motivations of the parties

The Madrid Accords followed on the heels of the Green March, a 350,000-strong Moroccan demonstration on 6 November 1975 called by King Hassan II, intended to put pressure on Spanish authorities.

Content and importance

Thompson and Adloff write,

According to [the treaty's] publicised terms, Spain agreed to decolonise the Sahara and leave the area before 28 February 1976. In the interim, the territory would be administered by the Spanish governor general, assisted by two Moroccan and Mauritanian deputy governors, who would respect Sahrawi public opinion as expressed through the yemaa. (...) As to the Bu Craa (a phosphate mine) deposits, Spain would retain 35 per cent of the shares in the Fosfatos de Bucraa, S. A., Fosbucraa company, and a portion of the 65 per cent that would go to Morocco would presumably be allotted to Mauritania.……

Results

The agreement was bitterly opposed by Algeria and the Polisario Front, which remained committed to independence. Algeria dispatched a high-level delegation to Madrid in order to pressure Spain not to sign the Accords and started supporting the Polisario Front militarily and diplomatically by early 1975. Algeria officially viewed its opposition as a way to uphold the UN charter and combat colonialism, although some observers believed that Algeria's actions were more to counter Morocco's influence and to gain access to the Atlantic Ocean. A long-standing rivalry between the two countries contributed to the tense relations.

International status of the accords

The United Nations considers Western Sahara to remain a Non-Sovereign Territory, awaiting formal decolonization. It recognizes that Morocco presently administers much of it de facto, but neither the General Assembly nor any other UN body has ever recognized this as constituting sovereignty.

In a 2002 letter of the General Secretary for Legal Affairs and Legal Counsel of the United Nations, Hans Corell, in which he gave an opinion on the legality of actions taken by Moroccan authorities in signing contracts for the exploration of mineral resources in Western Sahara, he stated: