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Why Spain’s new Sahrawi citizenship law matters to Morocco | News


Spain’s Congress has passed a bill that opens a special pathway to Spanish citizenship for Sahrawis born in Western Sahara during the period of Spanish occupation. The legislation was approved with 168 votes in favor, 31 against, and 145 abstentions. It must now proceed to the Senate before becoming law.

The proposed measure would allow individuals born in Western Sahara prior to September 29, 1977, to apply for Spanish nationality through a streamlined process, sidestepping the usual residency requirements. This provision would also extend to first-degree descendants of those eligible. Furthermore, the bill would reduce the residency requirement for Sahrawis legally residing in Spain from the standard 10 years to just two years.

Supporters of the legislation argue that it is a means of addressing historical injustices stemming from Spain’s colonial past in Western Sahara. Spain administered the territory until 1976, when it ended its colonial rule. Since then, Western Sahara has remained a contentious area, with Morocco asserting sovereignty while the separatist Polisario Front demands independence.

Morocco is closely monitoring the legislation, although it does not alter the territorial status of Western Sahara. It does not recognize the Polisario Front or endorse an independent Sahrawi state. Rabat’s primary concern is the potential implications for its relationship with Spain and the ties it may establish between Spain and the Sahrawi people.

Estimates suggest that between 70,000 and 110,000 individuals may qualify for Spanish nationality under this bill. Individuals who obtain Spanish citizenship would also gain EU citizenship and the accompanying rights. Potential beneficiaries may include Sahrawis living in Western Sahara and the Sahrawi refugee population in Tindouf, Algeria, where the Polisario Front maintains its headquarters.

The timing of the bill comes after a significant shift in Spain’s approach to Western Sahara, as Prime Minister Pedro Sanchez’s administration expressed support for Morocco’s autonomy proposal regarding the territory in 2022. This stance has helped to improve relations between Madrid and Rabat, leading to enhanced cooperation on migration, security, and trade. While the new citizenship measure does not formally alter Spain’s support for Morocco’s autonomy plan, it reflects a complicated interplay of Spain’s colonial history and Morocco’s sovereignty claims.

The legislation has highlighted divisions among Spanish political parties. The ruling Socialist Party and its coalition partners in Sumar are in favor, while the conservative People’s Party abstained and the far-right Vox party opposed it. The debate surrounding the bill focuses on Spain’s historical responsibility in Western Sahara and the proposed legal framework for granting nationality.

Critics note that the issue is more than a technical change to nationality law; it has become intertwined with discussions of Spain’s colonial past and its ongoing relationship with Western Sahara. Coverage in Moroccan and international media has underscored the potential ramifications for Spain’s diplomatic relations with Morocco and the implications of a growing Sahrawi community potentially recognized under Spanish law.

While the proposed citizenship route does not explicitly recognize the Polisario Front or confer support for an independent Sahrawi state, acquiring Spanish citizenship would facilitate Sahrawis’ claim to the rights and privileges associated with EU citizenship, allowing them to maintain their political identities.

The reference to Spain’s colonial history is significant to proponents of the bill, who argue that individuals born in Western Sahara during Spain’s rule are left in a complicated legal position following Spain’s withdrawal. This measure is presented as a corrective step, reminiscent of Spain’s earlier policy adjustments for descendants of Sephardic Jews expelled from Spain.

Concerns abound regarding the implications for Spain’s territories of Ceuta and Melilla, located on Morocco’s northern coast. Morocco asserts that these cities are an integral part of its territory; however, Spain maintains that its sovereignty over them is non-negotiable. The Moroccan government may argue that if Spain can leverage historical ties to justify a citizenship pathway for Sahrawis, the same historical context should be applicable to its claims over Ceuta and Melilla.

In summary, while the citizenship measure is not expected to alter the control or status of Western Sahara, it underscores the complexities surrounding Spain’s colonial legacy and its bilateral relations with Morocco, introducing new dimensions to an already sensitive diplomatic landscape.

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