Legal Framework
The legal basis for Sahrawi nationality law is established in Article 104 of the Sahrawi constitution which provides that the Sahrawi National Council can make:
- fundamental legislation on nationality, the right to citizenship and civil status; and
- general laws relating to the status of foreigners.
Generally, international practice is that nationality is established at birth by a child's place of birth (jus soli) and/or bloodline (jus sanguinis). When new states are established, typically citizenship is extended to all those who were born in the territory of the new state or who were lawfully resident in that territory for a specified period before the establishment of the new state. Typically, nationality may also be acquired later in life through naturalization. Corporations, ships, and other legal persons also have a nationality, generally in the state under whose laws the legal person was formed. However, it is unclear whether the Sahrawi National Council has exercised any of its powers to make laws under Article 104 of the Sahrawi constitution. Because of this, it is not possible to determine with legal certainty who in fact is a Sahrawi citizen.
Read more about this topic: Sahrawi Nationality Law
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