A territorial dispute or boundary dispute is a disagreement over the possession or control of territories ( land , water or airspace ) between two or more political entities .
102-631: Western Sahara is a disputed territory in North-western Africa . It has a surface area of 272,000 square kilometres (105,000 sq mi). Approximately 30% of the territory (82,500 km (31,900 sq mi)) is controlled by the Sahrawi Arab Democratic Republic (SADR); the remaining 70% is occupied and administered by neighboring Morocco . It is the most sparsely populated territory in Africa and
204-634: A Sahrawi nationalist movement, the Polisario Front , which proclaimed itself the rightful leadership of the SADR with a government-in-exile in Tindouf , Algeria . Mauritania withdrew its claims in 1979, and Morocco secured de facto control of most of the territory, including all major cities and most natural resources. The UN considers the Polisario Front the legitimate representative of
306-616: A Moroccan demand. In 1965, the United Nations General Assembly adopted a resolution on Western Sahara, asking Spain to decolonize the territory. A year later, resolution 2229 (XXI) was passed by the UN General Assembly requesting that a referendum be held by Spain on self-determination. In 1975, Spain relinquished administrative control of the territory to a joint administration by Morocco and Mauritania . A war erupted between those countries and
408-712: A TV station, were also set on fire. Moroccan officials said five security personnel had been killed in the unrest. On 15 November 2010, the Moroccan government accused the Algerian secret services of orchestrating and financing the Gadaym Izik camp with the intent to destabilize the region. The Spanish press was accused of mounting a campaign of disinformation to support the Sahrawi initiative, and all foreign reporters were either prevented from traveling or else expelled from
510-401: A Western Sahara autonomy under Moroccan rule but only after Morocco's "inalienable right" to the territory was recognized as a precondition to the talks. The Algerian government has consistently refused, claiming it has neither the will nor the right to negotiate on the behalf of the Polisario Front. In May 2005, demonstrations and riots by supporters of independence or a referendum broke out in
612-436: A couple living together (opposite-sex or same-sex). De facto unions are defined in the federal Family Law Act 1975 . De facto relationships provide couples who are living together on a genuine domestic basis with many of the same rights and benefits as married couples. Two people can become a de facto couple by entering into a registered relationship (i.e.: civil union or domestic partnership) or by being assessed as such by
714-410: A court order awards custody, either sole or joint. A de facto monopoly is a system where many suppliers of a product are allowed but the market is so completely dominated by one that the other players are unable to compete or even survive. The related terms oligopoly and monopsony are similar in meaning and this is the type of situation that antitrust laws are intended to eliminate. In finance,
816-427: A de facto national language but no official, de jure national language. Some countries have a de facto national language in addition to an official language. In Lebanon and Morocco , Arabic is an official language (in addition to Tamazight in the case of Morocco), but an additional de facto language is also French. In New Zealand, the official languages are Māori and New Zealand Sign Language ; however, English
918-399: A defined territory; (c) government; and (d) capacity to enter into relations with other States" Also, B. T. Sumner's article mentions, "In international law and relations, ownership of territory is significant because sovereignty over land defines what constitutes a state." Therefore, the breach of a country's borders or territorial disputes pose a threat to a state's very sovereignty and
1020-519: A grain of its sand." In 2006, he created an appointed advisory body Royal Advisory Council for Saharan Affairs (CORCAS), which proposes a self-governing Western Sahara as an autonomous community within Morocco. The UN has put forth no replacement strategy after the breakdown of Baker II, and renewed fighting has been raised as a possibility. In 2005, former United Nations Secretary-General Kofi Annan reported increased military activity on both sides of
1122-464: A long time. The territory was eventually subdued by joint Spanish and French forces in 1934, the same year the Spaniards divided their Saharan territories into two regions named after the rivers: Saguía el-Hamra and Río de Oro . After 1939 and the outbreak of World War II , this area was administered by Spanish Morocco . In 1958, Spain joined the district of Saguia el-Hamra (the "Red River") in
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#17327578898361224-581: A multi-party system at the achievement of independence. It is presently based at the Tindouf refugee camps in Algeria, which it controls. It also controls the part of Western Sahara to the east of the Moroccan Wall, known as the liberated territories . This area has a very small population, estimated to be approximately 30,000 nomads. The Moroccan government views it as a no-man's land patrolled by UN troops. The SADR government whose troops also patrol
1326-430: A power above the forms of law, claim to act and do really act in their stead. In politics, a de facto leader of a country or region is one who has assumed authority, regardless of whether by lawful, constitutional, or legitimate means; very frequently, the term is reserved for those whose power is thought by some faction to be held by unlawful, unconstitutional, or otherwise illegitimate means, often because it had deposed
1428-477: A previous leader or undermined the rule of a current one. De facto leaders sometimes do not hold a constitutional office and may exercise power informally. Not all dictators are de facto rulers. For example, Augusto Pinochet of Chile initially came to power as the chairperson of a military junta , which briefly made him de facto leader of Chile, but he later amended the nation's constitution and made himself president until new elections were called, making him
1530-722: A recommended list of candidates for new governors. Together with the Spanish High Commissioner, Belbachir selected from this list. During the annual celebration of Muhammad 's birthday, these lords paid their respects to the caliph to show loyalty to the Moroccan monarchy. As time went by, Spanish colonial rule began to unravel with the general wave of decolonization after World War II ; former North African and sub-Saharan African possessions and protectorates gained independence from European powers. Spanish decolonization proceeded more slowly, but internal political and social pressures for it in mainland Spain built up towards
1632-672: A state in Australia. This is because the power to legislate on de facto matters relies on referrals by States to the Commonwealth in accordance with Section 51(xxxvii) of the Australian Constitution , where it states the new federal law can only be applied back within a state. There must be a nexus between the de facto relationship itself and the Australian state. If an Australian de facto couple moves out of
1734-604: A state, they do not take the state with them and the new federal law is tied to the territorial limits of a state. The legal status and rights and obligations of the de facto or unmarried couple would then be recognised by the laws of the country where they are ordinarily resident. This is unlike marriage and "matrimonial causes" which are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, Hague Convention on Marriages (1978). A de facto relationship
1836-457: A subsequent legitimate government. That doctrine was nullified by the constitutional reform of 1994 . Article 36 states: Two examples of de facto leaders are Deng Xiaoping of the People's Republic of China and general Manuel Noriega of Panama . Both of these men exercised nearly all control over their respective nations for many years despite not having either legal constitutional office or
1938-455: A territory through invasion, and non-state entities try to influence the actions of politicians through terrorism. International law does not support the use of force by one state to annex the territory of another state. The UN Charter states, "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with
2040-552: A €25 million ($ 27 million) investment in Guelmim-Oued Noun , which includes part of the Western Sahara. Sovereignty over Western Sahara is contested between Morocco and the Polisario Front and its legal status remains unresolved. The United Nations considers it to be a " non-self-governing territory ". Formally, Morocco is administered by a bicameral parliament under a constitutional monarchy wherein
2142-465: Is a third de facto language. Russian was the de facto official language of the central government and, to a large extent, republican governments of the former Soviet Union , but was not declared de jure state language until 1990. A short-lived law, effected April 24, 1990, installed Russian as the sole de jure official language of the Union prior to its dissolution in 1991. In Hong Kong and Macau ,
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#17327578898362244-491: Is administered by the SADR, backed by Algeria . The only part of the coast in SADR territory is the extreme south. Internationally, countries such as Russia have taken an ambiguous and neutral position on each side's claims and pressed parties to agree on a peaceful resolution. Morocco and Polisario have sought to boost their claims by accumulating formal recognition, especially from African, Asian, and Latin American states in
2346-438: Is commonly used to refer to what happens in practice, in contrast with de jure ('by law'). In jurisprudence , a de facto law (also known as a de facto regulation ) is a law or regulation that is followed but "is not specifically enumerated by a law." By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law." For example, if a particular law exists in one jurisdiction, but
2448-416: Is comparable to non-marital relationship contracts (sometimes called "palimony agreements") and certain limited forms of domestic partnership, which are found in many jurisdictions throughout the world. A de facto Relationship is not comparable to common-law marriage , which is a fully legal marriage that has merely been contracted in an irregular way (including by habit and repute). Only nine U.S. states and
2550-406: Is followed in another where it has no legal effect (such as in another country), then the law could be considered a de facto regulation (a " de facto regulation" is not an officially prescribed legal classification for a type of law in a particular jurisdiction, rather, it is a concept about law(s). A de facto regulation may be followed by an organization as a result of the market size of
2652-459: Is not a marriage and has significant differences socially, financially and emotionally." The above sense of de facto is related to the relationship between common law traditions and formal (statutory, regulatory, civil) law, and common-law marriages . Common law norms for settling disputes in practical situations, often worked out over many generations to establishing precedent , are a core element informing decision making in legal systems around
2754-566: Is rare. Western Sahara contains four terrestrial ecoregions : Saharan halophytics , Mediterranean acacia-argania dry woodlands and succulent thickets , Atlantic coastal desert , and North Saharan steppe and woodlands . The earliest known inhabitants of Western Sahara were the Gaetuli . Depending on the century, Roman-era sources describe the area as inhabited by Gaetulian Autololes or the Gaetulian Daradae tribes. Berber heritage
2856-516: Is still evident from regional and place-name toponymy , as well as from tribal names. Other early inhabitants of Western Sahara may be the Bafour and later the Serer . The Bafour were later replaced or absorbed by Berber-speaking populations, which eventually merged in turn with the migrating Beni Ḥassān Arab tribes. The arrival of Islam in the 8th century played a major role in the development of
2958-531: Is used for both: to contrast obligatory standards (also known as "de jure standards"); or to express a dominant standard, when there is more than one proposed standard. In social sciences , a voluntary standard that is also a de facto standard, is a typical solution to a coordination problem . Several countries, including Australia, Japan, Mexico, the United Kingdom and the United States, have
3060-463: The Family Court or Federal Circuit Court . Couples who are living together are generally recognised as a de facto union and thus able to claim many of the rights and benefits of a married couple, even if they have not registered or officially documented their relationship, although this may vary by state. It has been noted that it is harder to prove de facto relationship status, particularly in
3162-805: The Maghreb region. Trade developed further, and the territory may have been one of the routes for caravans , especially between Marrakesh and Tombouctou in Mali . In the 11th century, the Maqil Arabs (fewer than 200 individuals) settled in Morocco (mainly in the Draa River valley, between the Moulouya River , Tafilalt and Taourirt ). Towards the end of the Almohad Caliphate ,
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3264-598: The Moroccan-controlled parts of Western Sahara and the Tindouf refugee camps in Algeria, respectively. Morocco and organizations such as France Libertés consider Algeria to be directly responsible for any crimes committed on its territory, and accuse the country of having been directly involved in such violations. Morocco has been repeatedly criticized for its actions in Western Sahara by international human rights organizations including: Territorial dispute Territorial disputes are often related to
3366-628: The Sahara . Over roughly five centuries, through a complex process of acculturation and mixing seen elsewhere in the Maghreb and North Africa, some of the indigenous Berber tribes mixed with the Maqil Arab tribes and formed a culture unique to Morocco and Mauritania . The Spanish presence in the region of modern-day Western Sahara lasted from 1884 to 1975. While initial Spanish interest in the Sahara
3468-567: The Sahrawi people , and maintains the Sahrawis have a right to self-determination . Western Sahara is the last African colonial state yet to achieve independence and has been dubbed "Africa's last colony". Since a UN-sponsored ceasefire agreement in 1991, most of the territory has been administered by the Moroccan government , with tacit support from France and the United States. The remainder
3570-458: The World Bank has a pertinent definition: A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution. In engineering, de facto technology is a system in which the intellectual property and know-how is privately held. Usually only the owner of
3672-465: The cease-fire terms , but most observers seem to consider armed conflict unlikely without the green light from Algeria , which houses the Sahrawis' refugee camps and has been the main military sponsor of the movement. In April 2007, the government of Morocco suggested that a self-governing entity, through the CORCAS, should govern the territory with some degree of autonomy for Western Sahara. The project
3774-422: The jurisdiction imposing the regulation as a proportion of the overall market; wherein the market share is so large that it results in the organization choosing to comply by implementing one standard of business with respect to the given de facto law instead of altering standards between different jurisdictions and markets (e.g. data protection, manufacturing, etc.). The decision to voluntarily comply may be
3876-412: The monarch retains significant powers, such as the capacity to appoint the government and to dissolve parliament. The last elections to the parliament's lower house were deemed reasonably free and fair by international observers. The Morocco-controlled parts of Western Sahara are divided into several provinces that are treated as integral parts of the kingdom. The Moroccan government heavily subsidizes
3978-623: The second most sparsely populated territory in the world , mainly consisting of desert flatlands. The population is estimated at 618,600. Nearly 40% of that population lives in Morocco-controlled Laayoune , the largest city of Western Sahara. Previously occupied by Spain as the Spanish Sahara until 1975, Western Sahara has been on the United Nations list of non-self-governing territories since 1963 after
4080-527: The special administrative regions of China , the official languages are English and Portuguese respectively, together with Chinese. However, no particular variety of Chinese referred to in law is specified. Cantonese ( Hong Kong Cantonese ) in traditional Chinese characters is the de facto standard in both territories. A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by
4182-469: The 1974 Spanish Census lists (see below) to vote, while Morocco has insisted that the census was flawed by evasion and sought the inclusion of members of Sahrawi tribes that escaped from Spanish invasion to the north of Morocco by the 19th century. Efforts by the UN special envoys to find a common ground for both parties did not succeed. By 1999 the UN had identified about 85,000 voters, with nearly half of them in
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4284-426: The 20th century, the phrase de facto state of war refers to a situation where two nations are actively engaging, or are engaged, in aggressive military actions against the other without a formal declaration of war . A domestic partner outside marriage is referred to as a de facto husband or wife by some authorities. In Australian law , a de facto relationship is a legally recognized, committed relationship of
4386-599: The African Union works with the UN mission to maintain the ceasefire and reach a peace agreement. The African Union provides a peacekeeping contingent to the UN mission which is used to control a buffer zone near the de facto border walls built by Morocco. Western Sahara is located on the north-west coast in West Africa and on the cusp of North Africa , bordering the North Atlantic Ocean to
4488-786: The Beni Hassan, a sub-tribe of the Maqil, were called by the local ruler of the Sous to quell a rebellion; they settled in the Sous Ksours and controlled such cities as Taroudant . During Marinid dynasty rule, the Beni Hassan rebelled but were defeated by the Sultan and escaped beyond the Saguia el-Hamra dry river. The Beni Hassan then were at constant war with the Lamtuna nomadic Berbers of
4590-587: The District of Columbia still permit common-law marriage; but common law marriages are otherwise valid and recognised by and in all jurisdictions whose rules of comity mandate the recognition of any marriage that was legally formed in the jurisdiction where it was contracted. De facto joint custody is comparable to the joint legal decision-making authority a married couple has over their child(ren) in many jurisdictions (Canada as an example). Upon separation, each parent maintains de facto joint custody, until such time
4692-657: The Houston Agreement (1997), Morocco officially declared that it was "no longer necessary" to include an option of independence on the ballot, offering instead autonomy. Erik Jensen, who played an administrative role in MINURSO, wrote that neither side would agree to a voter registration in which they were destined to lose (see Western Sahara: Anatomy of a Stalemate ). As personal envoy of the Secretary-General, James Baker visited all sides and produced
4794-506: The Liberation of Saguía el Hamra and Río de Oro. The movement tried without success to gain backing from several Arab governments, including Algeria and Morocco. Spain began rapidly to divest itself of most of its remaining colonial possessions. By 1974–75 the government issued promises of a referendum on independence in Western Sahara. At the same time, Morocco and Mauritania , which had historical and competing claims of sovereignty over
4896-661: The Moroccan-Israeli normalisation deal, the United States established a temporary consulate post in Dakhla in January 2021 as a transition to establishing a permanent consulate within the near future. The Western Sahara conflict has resulted in severe human-rights abuses, constantly reported by external reporters and human rights activists, most notably the displacement of tens of thousands of Sahrawi civilians from
4998-528: The Moroccan-controlled parts of Western Sahara and in parts of southern Morocco (notably the town of Assa ). They were met by police. Several international human rights organizations expressed concern at what they termed abuse by Moroccan security forces, and a number of Sahrawi activists have been jailed. Pro-independence Sahrawi sources, including the Polisario, have given these demonstrations
5100-545: The Moroccan-controlled parts of Western Sahara or Southern Morocco, and the others scattered between the Tindouf refugee camps , Mauritania and other places of exile. Polisario accepted this voter list, as it had done with the previous list presented by the UN (both of them originally based on the Spanish census of 1974), but Morocco refused and, as rejected voter candidates began a mass-appeals procedure, insisted that each application be scrutinized individually. This again brought
5202-439: The Polisario Front and Morocco broke down, leading to armed clashes between both sides. On 10 December 2020, the United States announced that it would recognize full Moroccan sovereignty over Western Sahara in exchange for Morocco normalizing relations with Israel with a view for subsequent establishment of diplomatic relations . In February 2021, Morocco proposed to Spain the creation of an autonomy for Western Sahara under
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#17327578898365304-501: The Polisario Front, which opposed both Moroccan and Mauritanian claims and demanded full independence of Western Sahara. The UN attempted to settle these disputes through a visiting mission in late 1975, as well as a verdict from the International Court of Justice (ICJ). It acknowledged that Western Sahara had historical links with Morocco and Mauritania, but not sufficient to prove the sovereignty of either State over
5406-741: The Purposes of the United Nations." In some cases in which the boundary is not demarcated, such as the Taiwan Strait , and Kashmir , the parties involved define a Line of Control , which serves as the de facto international border. Territorial disputes have significant meaning in the international society, both by their relation to the fundamental right of states, sovereignty and also because they are important for international peace. International law has significant relations with territorial disputes because territorial disputes tackles
5508-462: The Saharan provinces under its control with cut-rate fuel and related subsidies, to appease nationalist dissent and attract immigrants from Sahrawis and other communities in Morocco proper. The exiled government of the self-proclaimed Sahrawi Arab Democratic Republic (SADR) is a form of single-party parliamentary and presidential system, but according to its constitution, this will be changed into
5610-478: The Two Sicilies ). The de facto boundaries of a country are defined by the area that its government is actually able to enforce its laws in, and to defend against encroachments by other countries that may also claim the same territory de jure. The Durand Line is an example of a de facto boundary. As well as cases of border disputes , de facto boundaries may also arise in relatively unpopulated areas in which
5712-572: The UN had ever recognized Moroccan sovereignty over parts of Western Sahara. In 2020, the US recognized Moroccan sovereignty over Western Sahara in exchange for Moroccan normalization of relations with Israel . In 2023, Israel recognized Moroccan sovereignty. In 1984, the African Union 's predecessor, the Organisation of African Unity , recognized the SADR as one of its full members, with
5814-599: The United States (outside of the South) until the 1950s and 1960s was simply discrimination that was not segregation by law (de jure). " Jim Crow laws ", which were enacted in the 1870s, brought legal racial segregation against black Americans residing in the American South . These laws were legally ended in 1964 by the Civil Rights Act of 1964 . Most commonly used to describe large scale conflicts of
5916-637: The area have proclaimed a village in the area, Bir Lehlou and Tifariti , as SADR's former and actual temporary factual capitals. On 18 December 2019, the Comoros became the first nation to open a consulate in Laayoune in support of Moroccan claims to Western Sahara. In January 2020, The Gambia and Guinea opened consulates in Dakhla ; meanwhile, Gabon opened a consulate general in Laayoune. As part of
6018-476: The area. The protest coincided with a fresh round of negotiations at the UN. In 2016, the European Union (EU) declared that "Western Sahara is not part of Moroccan territory." In March 2016, Morocco "expelled more than 70 U.N. civilian staffers with MINURSO" due to strained relations after Ban Ki-moon called Morocco's annexation of Western Sahara an "occupation". In November 2020, the ceasefire between
6120-541: The basis of international law; the state territory. International law is based on the persons of international law, which requires a defined territory, as mentioned in the 1933 Montevideo Convention on the Rights and Duties of States . Article 1 of the Montevideo Convention declares that "[t]he state as a person of international law should possess the following qualifications: (a) a permanent population; (b)
6222-505: The border was never formally established or in which the agreed border was never surveyed and its exact position is unclear. The same concepts may also apply to a boundary between provinces or other subdivisions of a federal state . In South Africa, although de jure apartheid formally began in 1948, de facto racist policies and practices discriminating against black South Africans, People of Colour, and Indians dated back decades before. De facto racial discrimination and segregation in
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#17327578898366324-435: The case of the death of one of the partners. In April 2014, an Australian federal court judge ruled that a heterosexual couple who had a child and lived together for 13 years were not in a de facto relationship and thus the court had no jurisdiction to divide up their property under family law following a request for separation. In his ruling, the judge stated "de facto relationship(s) may be described as 'marriage like' but it
6426-586: The convicted person to "live out the vast majority of their life in jail prior to their release." A de facto standard is a standard (formal or informal) that has achieved a dominant position by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardization process, and may not have an official standards document. Technical standards are usually voluntary, such as ISO 9000 requirements, but may be obligatory, enforced by government norms, such as drinking water quality requirements. The term "de facto standard"
6528-410: The country, the expulsion of tens of thousands of Moroccan civilians by the Algerian government from Algeria, and numerous casualties of war and repression. During the war years (1975–1991), both sides accused each other of targeting civilians. Moroccan claims of Polisario terrorism have generally had little to no support abroad, with the US, European Union, African Union and UN all refusing to include
6630-478: The developing world. The Polisario Front has won formal recognition for the SADR from 46 UN member states and South Ossetia , and was extended membership of the African Union . Morocco has won support from several African governments and most of the Muslim world and Arab League . In most instances, recognitions are extended or withdrawn due to a change in relations with Morocco. Until 2020, no other member state of
6732-416: The division of spheres of influence in Africa , the same year Spain seized control of Western Sahara and established it as a Spanish colony. Despite establishing their first colony in the region at Río de Oro Bay in 1884, the Spanish were unable to pacify the interior of the region until the 1930s. Raids and rebellions by the indigenous Saharan population kept the Spanish forces out of much of the territory for
6834-491: The document known as the "Baker Plan". This was discussed by the United Nations Security Council in 2000, and envisioned an autonomous Western Sahara Authority (WSA), which would be followed after five years by the referendum. Every person present in the territory would be allowed to vote, regardless of birthplace and with no regard to the Spanish census. It was rejected by both sides, although it
6936-567: The end of Francisco Franco 's rule. There was a global trend towards complete decolonization . Spain abandoned most territories within neighboring Morocco in 1956, but resisted encroachment by the Moroccan Liberation Army within Ifni and Spanish Sahara from 1956 to 1958. In 1971, Sahrawi (an Arabic term for those from Sahara ) students in Moroccan universities began organizing what came to be known as The Embryonic Movement for
7038-571: The formal and legal ruler of Chile. Similarly, Saddam Hussein 's formal rule of Iraq is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq . However, his de facto rule of the nation began earlier: during his time as vice president ; he exercised a great deal of power at the expense of the elderly Ahmed Hassan al-Bakr , the de jure president. In Argentina , the successive military coups that overthrew constitutional governments installed de facto governments in 1930–1932 , 1943–1946 , 1955–1958 , 1966–1973 and 1976–1983 ,
7140-405: The front and breaches of several cease-fire provisions against strengthening military fortifications. Morocco has repeatedly tried to engage Algeria in bilateral negotiations, based on its view of Polisario as the cat's paw of the Algerian military. It has received vocal support from France and occasionally (and currently) from the United States. These negotiations would define the exact limits of
7242-417: The government coalition, the Polisario Front, as well as members of the governing party, who support a solution "that respects the democratic will of the Saharawi people". In July 2023, Israel officially recognized Moroccan sovereignty over Western Sahara. In October 2024, in a speech to the Parliament of Morocco , French President Emmanuel Macron backed Morocco's autonomy proposal. Macron also unveiled
7344-419: The group on their lists of terrorist organizations. Polisario leaders maintain that they are ideologically opposed to terrorism, and insist that collective punishment and forced disappearances among Sahrawi civilians should be considered state terrorism on the part of Morocco. Both Morocco and the Polisario additionally accuse each other of violating the human rights of the populations under their control, in
7446-454: The independence camp. Morocco was also allowed to keep its army in the area and retain control over all security issues during both the autonomy years and the election. In 2002, the Moroccan king stated that the referendum idea was "out of date" since it "cannot be implemented"; Polisario retorted that that was only because of the King's refusal to allow it to take place. In 2003, a new version of
7548-566: The last of which combined the powers of the presidential office with those of the National Congress . The subsequent legal analysis of the validity of such actions led to the formulation of a doctrine of the de facto governments , a case law ( precedential ) formulation which essentially said that the actions and decrees of past de facto governments, although not rooted in legal legitimacy when taken, remained binding until and unless such time as they were revoked or repealed de jure by
7650-809: The legal authority to exercise power. These individuals are today commonly recorded as the "leaders" of their respective nations; recording their legal, correct title would not give an accurate assessment of their power. Another example of a de facto ruler is someone who is not the actual ruler but exerts great or total influence over the true ruler, which is quite common in monarchies. Some examples of these de facto rulers are Empress Dowager Cixi of China (for son Tongzhi Emperor and nephew Guangxu Emperor ), Prince Alexander Menshikov (for his former lover Empress Catherine I of Russia ), Cardinal Richelieu of France (for Louis XIII ), Queen Elisabeth of Parma (for her husband, King Philip V ) and Queen Maria Carolina of Naples and Sicily (for her husband King Ferdinand I of
7752-469: The name " Independence Intifada ", while most sources have tended to see the events as being of limited importance. International press and other media coverage have been sparse, and reporting is complicated by the Moroccan government's policy of strictly controlling independent media coverage within the territory. Demonstrations and protests still occur, even after Morocco declared in February 2006 that it
7854-598: The north with the Río de Oro (in the south) to form the province of Spanish Sahara, following Morocco's claiming these regions in 1957. As a consequence, Ahmed Belbachir Haskouri , the Chief of Cabinet, General Secretary of the Government of Spanish Morocco, cooperated with the Spanish to select governors in that area. The Saharan lords who were already in prominent positions, such as the members of Maa El Ainain family, provided
7956-542: The north. In the waning days of General Franco 's rule, and after the Green March , the Spanish government signed a tripartite agreement with Morocco and Mauritania as it moved to transfer the territory on 14 November 1975. The accords were based on a bipartite administration, and Morocco and Mauritania each moved to annex the territories, with Morocco taking control of the northern two-thirds of Western Sahara as its Southern Provinces , and Mauritania taking control of
8058-400: The northwest, Morocco proper to the north-northeast , Algeria to the east-northeast , and Mauritania to the east and south . Among the most arid and inhospitable on the planet, the land along the coast is low flat desert and rises, especially in the north, to small mountains reaching up to 600 metres (2,000 ft) on the eastern side. While the area can experience flash flooding in
8160-466: The option between independence or affirming integration with Morocco, but it quickly stalled. In 1997, the Houston Agreement attempted to revive the proposal for a referendum but likewise has hitherto not had success. As of 2010, negotiations over terms have not resulted in any substantive action. At the heart of the dispute lies the question of who qualifies to be registered to participate in
8262-502: The plan was made official, with some additions spelling out the powers of the WSA, making it less reliant on Moroccan devolution . It also provided further detail on the referendum process in order to make it harder to stall or subvert. This second draft, commonly known as Baker II, was accepted by the Polisario as a "basis of negotiations" to the surprise of many. This appeared to abandon Polisario's previous position of only negotiating based on
8364-522: The plan, but he was met with rejection. King Hassan II of Morocco initially supported the referendum idea in principle in 1982, and signed contracts with Polisario and the UN in 1991 and 1997. No major powers have expressed interest in forcing the issue, however, and Morocco has shown little interest in a real referendum. Hassan II's son and successor, Mohammed VI , has opposed any referendum on independence, and has said Morocco will never agree to one: "We shall not give up one inch of our beloved Sahara, not
8466-437: The possession of natural resources such as rivers , fertile farmland, mineral or petroleum resources although the disputes can also be driven by culture , religion , and ethnic nationalism . Territorial disputes often result from vague and unclear language in a treaty that set up the original boundary. Territorial disputes are a major cause of wars and terrorism , as states often try to assert their sovereignty over
8568-525: The process to a halt. According to a NATO delegation, MINURSO election observers stated in 1999, as the deadlock continued, that "if the number of voters does not rise significantly the odds were slightly on the SADR side". By 2001, the process had effectively stalemated and the UN Secretary-General asked the parties for the first time to explore other, third-way solutions. Indeed, shortly after
8670-473: The referendum, and, since about the year 2000, Morocco considers that since there is no agreement on persons entitled to vote, a referendum is not possible. Meanwhile, Polisario still insisted on a referendum with independence as a clear option, without offering a solution to the problem of who is qualified to be registered to participate in it. Both sides blame each other for the stalling of the referendum. The Polisario has insisted on only allowing those found on
8772-470: The rest of the territory. It gradually contained the guerrillas by setting up the extensive sand-berm in the desert (known as the Border Wall or Moroccan Wall) to exclude guerrilla fighters. Hostilities ceased in a 1991 cease-fire, overseen by the peacekeeping mission MINURSO , under the terms of a UN Settlement Plan . The referendum, originally scheduled for 1992, foresaw giving the local population
8874-486: The result of: a desire to simplify manufacturing processes & cost-effectiveness ( such as adopting a one size fits all approach ), consumer demand & expectation, or other factors known only to the complier. In prison sentences , the term de facto life sentence (also known as a "virtual" life sentence ) is used to describe a "non-life sentence" that is long enough to end after the convicted person would have likely died due to old age, or one long enough to cause
8976-847: The right as a person of international law. In addition, territorial disputes are sometimes brought to the International Court of Justice , as was the case in Costa Rica and Nicaragua (2005). Territorial disputes cannot be separated from international law, whose basis is on the law of state borders, and their potential settlement also relies on international law and the Court. De facto De facto ( / d eɪ ˈ f æ k t oʊ , d i -, d ə -/ day FAK -toh, dee -, də - ; Latin: [deː ˈfaktoː] ; lit. ' in fact ' ) describes practices that exist in reality, regardless of whether they are officially recognized by laws or other formal norms. It
9078-466: The same status as Morocco, and Morocco protested by suspending its membership of the OAU. Morocco was readmitted to the Union in 2017, after promising conflicting claims would be resolved peacefully and it would stop building walls to extend its military control. Meanwhile, the African Union has not issued any formal statement about the border separating the sovereign territories of Morocco and the SADR. Instead,
9180-546: The southern third as Tiris al-Gharbiyya . Spain terminated its presence in Spanish Sahara within three months, repatriating Spanish remains from its cemeteries. The Moroccan and Mauritanian annexations were resisted by the Polisario Front , which had gained backing from Algeria . It initiated guerrilla warfare and, in 1979, Mauritania withdrew due to pressure from Polisario, including a bombardment of its capital and other economic targets. Morocco extended its control to
9282-568: The sovereignty of the King of Morocco . In March 2022, the Spanish government abandoned its traditional position of neutrality in the conflict, siding with the Moroccan government and recognising the autonomy proposal "as the most serious, realistic and credible basis for the resolution of the dispute". This sudden turnaround was generally rejected by both the Opposition, the parties that make up
9384-684: The spring, there are no permanent streams. At times, a cool off-shore current can produce fog and heavy dew. The interior experiences extreme summer heat, with average highs reaching 43–45 °C (109–113 °F) in July and in August; during winter, days are still hot to very hot, with average highs from 25 to 30 °C (77 to 86 °F); however, in the northern part of the territory, the thermometer may drop below 0 °C (32 °F) at night and it can be freezing in December and in January, although this
9486-526: The standards of voter identification from 1991 (i.e. the Spanish census). After that, the draft quickly garnered widespread international support, culminating in the UN Security Council's unanimous endorsement of the plan in the summer of 2003. Baker resigned his post at the United Nations in 2004; his term did not see the crisis resolved. His resignation followed several months of failed attempts to get Morocco to enter into formal negotiations on
9588-427: The technology manufactures the related equipment. Meanwhile, a standard technology consists of systems that have been publicly released to a certain degree so that anybody can manufacture equipment supporting the technology. For instance, in cell phone communications, CDMA1X is a de facto technology, while GSM is a standard technology. Examples of a de facto General Manager in sports include Syd Thrift who acted as
9690-469: The territory at the time of the Spanish colonization. The population of the territory thus possessed the right of self-determination . On 6 November 1975 Morocco initiated the Green March into Western Sahara; 350,000 unarmed Moroccans converged on the city of Tarfaya in southern Morocco and waited for a signal from King Hassan II of Morocco to cross the border in a peaceful march. A few days before, on 31 October, Moroccan troops invaded Western Sahara from
9792-496: The territory, argued that it had been artificially separated from their territories by the European colonial powers. Algeria , which also bordered the territory, viewed their demands with suspicion, as Morocco also claimed the Algerian provinces of Tindouf and Béchar . After arguing for a process of decolonization to be guided by the United Nations , the Algerian government under Houari Boumédiènne in 1975 committed to assisting
9894-656: The world. Because its early forms originated in England in the Middle Ages , this is particularly true in Anglo-American legal traditions and in former colonies of the British Empire , while also playing a role in some countries that have mixed systems with significant admixtures of civil law. Due to Australian federalism , de facto partnerships can only be legally recognised whilst the couple lives within
9996-402: Was contemplating a plan for devolving a limited variant of autonomy to the territory but still explicitly refused any referendum on independence. As of January 2007, the plan had not been made public, though the Moroccan government claimed that it was more or less complete. Polisario has intermittently threatened to resume fighting, referring to the Moroccan refusal of a referendum as a breach of
10098-546: Was focused on using it as a port for the slave trade , by the 1700s Spain had transitioned economic activity on the Saharan coast towards commercial fishing. By the 19th century, Spain had claimed the southern coastal region and penetration of the hinterland gradually followed; later in 1904 the northern region was acquired. After an agreement among the European colonial powers at the Berlin Conference in 1884 on
10200-436: Was home to more than 12,000 people. In November 2010, Moroccan security forces entered Gadaym Izik camp in the early hours of the morning, using helicopters and water cannon to force people to leave. The Polisario Front said Moroccan security forces had killed a 26-year-old protester at the camp, a claim denied by Morocco. Protesters in Laayoune threw stones at police and set fire to tires and vehicles. Several buildings, including
10302-406: Was initially derived from a Moroccan proposal. According to Baker's draft, tens of thousands of post-annexation immigrants from Morocco proper (viewed by Polisario as settlers but by Morocco as legitimate inhabitants of the area) would be granted the vote in the Sahrawi independence referendum, and the ballot would be split three ways by the inclusion of an unspecified " autonomy ", further undermining
10404-434: Was presented to the UN Security Council in mid-April 2007. The stalemating of the Moroccan proposal options has led the UN in the recent "Report of the UN Secretary-General" to ask the parties to enter into direct and unconditional negotiations to reach a mutually accepted political solution. In October 2010, Gadaym Izik camp was set up near Laayoune as a protest by displaced Sahrawi people about their living conditions. It
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