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
Famous quotes containing the words legal and/or framework:
“... whilst you are proclaiming peace and good will to men, Emancipating all Nations, you insist upon retaining absolute power over wives. But you must remember that Arbitrary power is like most other things which are very hard, very liable to be broken—and notwithstanding all your wise Laws and Maxims we have it in our power not only to free ourselves but to subdue our Masters, and without violence throw both your natural and legal authority at our feet ...”
—Abigail Adams (1744–1818)
“Most young black females learn to be suspicious and critical of feminist thinking long before they have any clear understanding of its theory and politics.... Without rigorously engaging feminist thought, they insist that racial separatism works best. This attitude is dangerous. It not only erases the reality of common female experience as a basis for academic study; it also constructs a framework in which differences cannot be examined comparatively.”
—bell hooks (b. c. 1955)