4 . Political discussions about Sahrawi nationality
Name of the initiative
Year Participants Status
Discussions about Sahrawi nationality |
1976-2023 |
Sahrawis – Government of Spain |
In process ( rejected to date ) |
Description |
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With Spain ’ s departure from the Spanish Sahara , Sahrawis had the option of being granted Spanish nationality in accordance with RD 2258 / 1976 of 10 August 1976.13 . Those who did not accept it lost the right to nationality . Furthermore , residents in Western Sahara were granted Moroccan nationality . Residents of the refugee camps do not have Algerian nationality , as Algeria considers them to be nationals of the SADR which , in turn , enjoys limited international recognition , and Spain considers them stateless .
In 2020 the following questions were registered in the Congress of Deputies : How does the government intend to grant nationality to those descendants of the former Spanish colony , now Western Sahara , who so request it ? Will the government grant nationality to those Sahrawis who request it on equal terms to those people from other former Spanish colonies , as it did previously with the Sephardi community ? The government ’ s response to the question was that “ Spanish nationality shall be granted to those Sahrawis who meet the requirements stipulated in the Civil Code ”.
The Sahrawi issue is another conflict that has persisted since decolonisation , which affects bilateral relationships with Morocco and the role of Spain as a de jure sovereign power over these territories . In this conflict , the recognition of nationality has been a recurring discussion since 1976 , which has consisted of several parliamentary debates , and has materialised more recently in two Proposals of Non-binding Resolution ( PNL ) in 2016 ( passed ) and 2023 ( expired ), which are considered as a form of reparation and compensation . It is worth noting that , although the issue of nationality is not explicitly addressed in the political resolutions of the UN or the EU , it is part of the claims of these movements , beyond the Sahrawi case .
Links and sources
Draft bill on the granting of Spanish nationality to Sahrawis born under Spanish sovereignty ( 2023 ): https :// www . congreso . es / es / busqueda-de-publicaciones ? p _ p _ id = publicaciones & p _ p _ lifecycle = 0 & p _ p _ state = normal & p _ p _ mode = view &_ publicaciones _ mod e = mostrarTextoIntegro &_ publicaciones _ legislatura = XIV &_ publicaciones _ id _ texto =( DSCD-14-PL- 243 . CODI .)#( P % C3 % A1gina58 )
Proposal of Non-binding Resolution on the granting of nationality to Sahrawis ( 2016 ): https :// www . congreso . es / es / busqueda-de-publicaciones ? p _ p _ id = publicaciones & p _ p _ lifecycle = 0 & p _ p _ state = normal & p _ p _ mode = view &_ publicaciones _ mod e = mostrarTextoIntegro &_ publicaciones _ legislatura = XII &_ publicaciones _ id _ texto =( BOCG-12-D- 34 . CODI .)
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