Truth justice and reparation in the Western Sahara

The demands for truth, justice and reparation in the case of the Western Sahara
As long as there is no real justice and truth, there will also be no reconciliation.
Daoud El Khadir.
This chapter includes an analysis of Sahrawi victims of serious human rights violations’
demands for truth, justice and reparation under international standards and in accordance
with good practices by truth commissions and reparation programs in various countries
throughout the world. In the case of the Western Sahara, the demands by victims are, of
course, part of their individual rights, although they also have a more collective dimension
as will be evident when analysing their expectations and demands.
In addition, an analysis is made of international human rights law (henceforward IHRL)
standards on truth, justice and reparation in the context of political change or the search
for a new social consensus after armed conflicts and the relevance thereof in the case
of the Western Sahara. An analysis is also made of the need for research, the need to
find people who have “disappeared”, the need to recognize human rights violations and
to provide guarantees of non-recurrence. The role of justice and change in the human
rights situation in the Western Sahara are likewise analysed, including the situation of
the refugees. This text also includes an analysis of the response by the Moroccan to
such demands, especially in the case of the population living in the Western Sahara, as
well as the total lack of consideration of the refugee population and of the human rights
violations they have suffered are also addressed. It is necessary to take into account that,
in the light of analysis and criteria of international human rights law and international
human rights law, many of these violations constitute war crimes and crimes against
humanity, especially the bombing of civilians and the systematic practice of enforced
disappearance and torture.
At the end of this chapter, and also at the end of this report, some of the elements that
emerge from this analysis are introduced so as to contribute to the agenda for rebuilding
the social fabric in the Western Sahara conflict. Also included are some of the issues
that should be taken into account in the conflict transformation agenda and policies
seeking ways out of the conflict, taking into account the impact caused by human rights
violations and by a situation of respect for human rights, which are key elements for such
a transformation to take place.
Needs and demands for reparation
In the final part of the interviews with victims, they were asked for their opinion on
which measures would be appropriate to reparation the damage caused. Even though
human rights violations, torture, bombings or enforced disappearances imply irreparable
realities, victims’ right to reparation is something that should be considered an obligation
of the State. This is an essential element in order to be able to have victims’ perceptions,
needs and participation.
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