Madrid Accords - International Status of The Accords

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:

"On 14 November 1975, a Declaration of Principles on Western Sahara was concluded in Madrid between Spain, Morocco and Mauritania (“the Madrid Agreement”), whereby the powers and responsibilities of Spain, as the administering Power of the Territory, were transferred to a temporary tripartite administration. The Madrid Agreement did not transfer sovereignty over the Territory, nor did it confer upon any of the signatories the status of an administering Power, a status which Spain alone could not have unilaterally transferred. The transfer of administrative authority over the Territory to Morocco and Mauritania in 1975 did not affect the international status of Western Sahara as a Non-Self-Governing Territory"

"On 26 February 1976, Spain informed the Secretary-General that as of that date it had terminated its presence in Western Sahara and relinquished its responsibilities over the Territory, thus leaving it in fact under the administration of both Morocco and Mauritania in their respective controlled areas. Following the withdrawal of Mauritania from the Territory in 1979, upon the conclusion of the Mauritano-Sahraoui agreement of 19 August 1979 (S/13503, annex I), Morocco has administered the Territory of Western Sahara alone. Morocco, however, is not listed as the administering Power of the Territory in the United Nations list of Non-Self-Governing Territories, and has, therefore, not transmitted information on the Territory in accordance with Article 73 e of the Charter of the United Nations"

Morocco continues to claim Western Sahara as an integral part of its territory, by virtue of the Madrid Accords inter alia. The Polisario Front declared in 1976 an Algeria-based government-in-exile, the Sahrawi Arab Democratic Republic (SADR), which denies that the Madrid Accords held any validity and claims the entire area whereas actually controlling only small uninhabitable parts of it. The SADR is also unrecognized by the UN, but has been admitted as Western Sahara's representative to the African Union (AU). Mauritania has pulled out from the conflict entirely since 1979.