Sahrawi nationality law

Sahrawi Citizenship Act
Parliament of Western Sahara
Long title An Act relating to Sahrawi citizenship
Enacted by	Government of Western Sahara
Status: Current legislation

Politics of the SADR
Constitution Nationality law
Executive President Brahim Gali Prime Minister Bouchraya Hammoudi Bayoun
Legislature Sahrawi National Council President: Hamma Salama
Judiciary Constitutional Council Supreme Court Court of Appeal Judicial system
Politics Parties: Polisario Front
Administrative divisions Free Zones Municipalities Sahrawi refugee camps
Elections Recent elections Presidential: 2016 2019 2023 Legislative: 2016 2020 2023
Foreign relations International recognition Political status of Western Sahara Western Sahara conflict ICJ Advisory Opinion Diplomatic missions of / to the SADR Passport Visa requirements Visa policy
Other countries
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Sahrawi nationality law (also romanized as Saharawi) is the law of the Sahrawi Arab Democratic Republic's (SADR) governing nationality and citizenship. The SADR is a partially recognized state which claims sovereignty over the entire territory of Western Sahara, but only administers part of it. The SADR also administers Sahrawi refugee camps.

When Spain relinquished Spanish Sahara, there was no internationally recognized succession of states agreement that defined the terms of the transfer of authority to a new nation-state. Sovereignty has been disputed for nearly fifty years by the SADR and Morocco, which were engaged in open warfare until 1991 and have engaged in a more limited war since 2020.

Despite a negotiated United Nations-administered 1991 ceasefire that included a settlement of the state succession issue via a referendum that was agreed to by the parties to the dispute, the legal status of the territory has not been resolved since the referendum has yet to be held. As such, Morocco, whose administration of Western Sahara is considered by the United Nations to be a foreign occupation, does not have the legal authority to grant nationality or citizenship to the Sahrawi people. Therefore, because the people of Western Sahara have not been able to exercise a referendum on self-determination in a manner recognized by international law, neither the nationality law of Morocco nor that of any other sovereign nation can be imposed upon them. On the other hand, the SADR has never passed an actual nationality law which governs the acquisition of nationality or citizenship for the Sahrawi people.

As a result, Sahrawis who do not live under the authority of the SADR can only gain the rights of citizenship by becoming a national of a foreign state. Under international law, other Sahrawi people are in a legal limbo of statelessness.