Constitution of the Sahrawi Arab Democratic Republic
Encyclopedia
A constitution
of the Sahrawi Arab Democratic Republic
(SADR) was first promulgated in 1976, but it has been revised several times since then. The last major redrafting came in 1991, but this version was further changed by the Sahrawi National Council
- the SADR's parliament in exile
- in 1995 and 1999.
The constitution provides for a separation of powers
between judicial, legislative, and executive branches. It names Arabic
as the national language and Islam
as the state religion
, and grants grants every citizen freedom of speech
and the right to property
. It further determines that an independent
Western Sahara
will be a multiparty democracy with a market economy
. Presently, however, the constitution ties the SADR to the Polisario Front
, which is working to establish an independent Western Sahara. For example, the Secretary-General of Polisario (now Mohamed Abdelaziz
) is constitutionally identical to the President of the Sahrawi Arab Democratic Republic
, until the achievement of independence.
This is because the constitution is considered an interim document, which is not fully applicable until the Western Sahara is independent. Thus, several clauses will not come into effect until the proclamation of independence, and various changes in the constitutional order will then occur. Among other things, the constitution details a transitional phase after independence has been declared, in which the POLISARIO is detached from the republic
and transformed into a political party among others.
For information on the institutions and elections that are regulated in the constitution of the SADR, see here and here
. For information on the political institutions of the Polisario Front, see here.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
of the Sahrawi Arab Democratic Republic
Sahrawi Arab Democratic Republic
The Sahrawi Arab Democratic Republic is a partially recognised state that claims sovereignty over the entire territory of Western Sahara, a former Spanish colony. SADR was proclaimed by the Polisario Front on February 27, 1976, in Bir Lehlu, Western Sahara. The SADR government controls about...
(SADR) was first promulgated in 1976, but it has been revised several times since then. The last major redrafting came in 1991, but this version was further changed by the Sahrawi National Council
Sahrawi National Council
The Sahrawi National Council or simply National Council is the legislature of the government in exile of the Sahrawi Arab Democratic Republic. Its structure and competences are guided by the Constitution of the Sahrawi Arab Democratic Republic...
- the SADR's parliament in exile
Government in exile
A government in exile is a political group that claims to be a country's legitimate government, but for various reasons is unable to exercise its legal power, and instead resides in a foreign country. Governments in exile usually operate under the assumption that they will one day return to their...
- in 1995 and 1999.
The constitution provides for a separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
between judicial, legislative, and executive branches. It names Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
as the national language and Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
as the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...
, and grants grants every citizen freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and the right to property
Right to property
The right to property, also known as the right to protection of property, is a human right and is understood to establish an entitlement to private property...
. It further determines that an independent
Independence
Independence is a condition of a nation, country, or state in which its residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory....
Western Sahara
Western Sahara
Western Sahara is a disputed territory in North Africa, bordered by Morocco to the north, Algeria to the northeast, Mauritania to the east and south, and the Atlantic Ocean to the west. Its surface area amounts to . It is one of the most sparsely populated territories in the world, mainly...
will be a multiparty democracy with a market economy
Market economy
A market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
. Presently, however, the constitution ties the SADR to the Polisario Front
Polisario Front
The POLISARIO, Polisario Front, or Frente Polisario, from the Spanish abbreviation of Frente Popular de Liberación de Saguía el Hamra y Río de Oro is a Sahrawi rebel national liberation movement working for the independence of Western Sahara from Morocco...
, which is working to establish an independent Western Sahara. For example, the Secretary-General of Polisario (now Mohamed Abdelaziz
Mohamed Abdelaziz
Mohamed Abdelaziz is the 3rd and current Secretary General of the Polisario Front and President of the Sahrawi Arab Democratic Republic since 1976...
) is constitutionally identical to the President of the Sahrawi Arab Democratic Republic
President of the Sahrawi Arab Democratic Republic
The President of the Sahrawi Arab Democratic Republic is the head of state of the self-proclaimed Sahrawi Arab Democratic Republic , an exile government based in the refugee camps of Tindouf, Algeria. From the declaration of independence on February 27, 1976 to October 16, 1982 SADR's Head of State...
, until the achievement of independence.
This is because the constitution is considered an interim document, which is not fully applicable until the Western Sahara is independent. Thus, several clauses will not come into effect until the proclamation of independence, and various changes in the constitutional order will then occur. Among other things, the constitution details a transitional phase after independence has been declared, in which the POLISARIO is detached from the republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
and transformed into a political party among others.
For information on the institutions and elections that are regulated in the constitution of the SADR, see here and here
Elections in Western Sahara
Elections in the Sahrawi Arab Democratic Republic gives information on election and election results in the Sahrawi Arab Democratic Republic.The Sahrawi Arab Democratic Republic claims the Western Sahara, a territory largely administered by Morocco since Spain abandoned it in 1975...
. For information on the political institutions of the Polisario Front, see here.
Preamble
The following is an English translation of the 1999 version preamble of the Constitution of the SADR.General principles
The following is an English translation of the 1999 version General principles of the Constitution of the SADR.- 1st Chapter: Saguia el-Hamra y Rio de Oro
-
- Art. 1: Western Sahara in its internationally recognized borders is an indivisible democratic republic, named Sahrawi Arab Democratic Republic (SADR).
- Art. 2: IslamIslamIslam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
is the state religion and law origin. - Art. 3: Arabic languageArabic languageArabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
is the official national language. - Art. 4: The capitalCapital CityCapital City was a television show produced by Euston Films which focused on the lives of investment bankers in London living and working on the corporate trading floor for the fictional international bank Shane-Longman....
of the country is El AaiunEl AaiúnEl-Aaiún , is a city in Western Sahara founded by the Spanish in 1928. Administered by Morocco since 1976, El-Aaiún is the capital of what the Moroccan government call the region of Laâyoune-Boujdour-Sakia El Hamra, and POLISARIO call Occupied Territories...
. - Art. 5: The flagFlagA flag is a piece of fabric with a distinctive design that is usually rectangular and used as a symbol, as a signaling device, or decoration. The term flag is also used to refer to the graphic design employed by a flag, or to its depiction in another medium.The first flags were used to assist...
, national anthemNational anthemA national anthem is a generally patriotic musical composition that evokes and eulogizes the history, traditions and struggles of its people, recognized either by a nation's government as the official national song, or by convention through use by the people.- History :Anthems rose to prominence...
, and SADR's coat of armsCoat of armsA coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
are defined by law.
- 2nd Chapter: People
-
- Art. 6: The Sahrawi people is an ArabArabArab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
, African and MuslimMuslimA Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
people. - Art. 7: The familyFamilyIn human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
is the base of the societySocietyA society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
, funded on the values of Islam and ethicsEthicsEthics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
. - Art. 8: The sovereigntySovereigntySovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
belong to the people, which is the origin of any power. - Art. 9 & 10: The people exercises its constitutional sovereignty through their representatives elected by them in the congresses, until the culmination of SADR's sovereignty over all national territoryNational territory"National Territory" is translated from "Territorio nacional", a term used for territories in Argentina. The last national territory was the Tierra del Fuego Province, which was given the status of a province in 1990....
. - Art. 11: The people elect their institutions to preserve their identityIdentity (social science)Identity is a term used to describe a person's conception and expression of their individuality or group affiliations . The term is used more specifically in psychology and sociology, and is given a great deal of attention in social psychology...
and values, defend national unity and independence, and guarantee respect to the human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
as the ones defined in the constitution. - Art. 12: The people's institutions belong to the people. They can only be used for the objectives they were created for.
- Art. 6: The Sahrawi people is an Arab
- 3rd Chapter: State
-
- Art. 13: The state takes its legitimacy from the people's will, and only serves the people.
- Art. 14: The state exercise its sovereignty over its territory, its territorial watersTerritorial watersTerritorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
and its airspaceAirspaceAirspace means the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere....
. - Art. 15: It is forbidden to abandon or cede any part of the national territory.
- Art. 16: The national territory is divided in wilayat (provinces) and dawair (TownTownA town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
s), subdivided in baladiat (districts). Its political atributions are defined by law. - Art. 17: The public goods are property of the people. They are composed of the mineralMineralA mineral is a naturally occurring solid chemical substance formed through biogeochemical processes, having characteristic chemical composition, highly ordered atomic structure, and specific physical properties. By comparison, a rock is an aggregate of minerals and/or mineraloids and does not...
riches, the energetic resources, the territorial waters riches and other goods defined by law. - Art. 18: The public goods of the state are defined and administered in conformityConformityConformity is the process by which an individual's attitudes, beliefs, and behaviors are influenced by other people.Conformity may also refer to:*Conformity: A Tale, a novel by Charlotte Elizabeth Tonna...
with the law. - Art. 19: State function cannot be a source of enrichment, neither a mean to serve private interests or interests of a group based in regionalismRegionalism (politics)Regionalism is a term used in international relations. Regionalism also constitutes one of the three constituents of the international commercial system...
, nepotismNepotismNepotism is favoritism granted to relatives regardless of merit. The word nepotism is from the Latin word nepos, nepotis , from which modern Romanian nepot and Italian nipote, "nephew" or "grandchild" are also descended....
or tribalismTribalismThe social structure of a tribe can vary greatly from case to case, but, due to the small size of tribes, it is always a relatively simple role structure, with few significant social distinctions between individuals....
. - Art. 20: The elected councils are the framework in which the people express its will and controls the public servicesPublic servicesPublic services is a term usually used to mean services provided by government to its citizens, either directly or by financing private provision of services. The term is associated with a social consensus that certain services should be available to all, regardless of income...
. - Art. 21: The state is the responsible of public order and securitySecuritySecurity is the degree of protection against danger, damage, loss, and crime. Security as a form of protection are structures and processes that provide or improve security as a condition. The Institute for Security and Open Methodologies in the OSSTMM 3 defines security as "a form of protection...
of peoples and goods. - Art. 22: The Sahrawi Popular Liberation Army (SPLA) is the armed forcesArmed forcesThe armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary...
of the state and guarantees national sovereignity. - Art. 23: The SPLA organization and the service in the army are defined by law.
- Art. 24: SADR pursues in its foreign policy:
- - Defend the inalienable right to self-determination of the Sahrawi people, and the culmination of national sovereignity over all national territory,
- - Support the right of the people's to political and economical self-determination,
- - Contribute to the construction of the Great Maghreb,
- - Back the OUA in its efforts to consolidate political stability in Africa and implementation of economic complementarity between its member states.
- - Setting up international peace and security and contribute to economic and social development of the people's of the world, from the base of justiceJusticeJustice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
and equityEquity (economics)Equity is the concept or idea of fairness in economics, particularly as to taxation or welfare economics. More specifically it may refer to equal life chances regardless of identity, to provide all citizens with a basic minimum of income/goods/services or to increase funds and commitment for...
.
- 4th Chapter: Rights and constitutional guarantees
-
- Art. 25: All the citizens are equal before the law, both for protection or sanction.
- Art. 26: Individual freedom is guaranteed. No one can be deprived of the exercise of its liberty, except by law. Every citizen is innocent until its culpability is confirmed.
- Art. 27: It is prohibited to violate the privacy of the man, to act against his honor or exercising over him any physical or moral violence, or any attack on their dignity. The residence of any citizen is inviolable. The access will require an order from the competent judicial authority.
- Art. 28: All citizens should be able to defend their rights before the competent judicial authorities.
- Art. 29: Freedom of oral and written expression is guaranteed and exercised under the law.
- Art. 30: The right to form associations and political parties is recognized and guaranteed after achieving full sovereignty over the territory.
- Art. 31: Until the completion of national sovereignty, the Polisario Front remains the policy framework that brings together and mobilizes the Sahrawis, to express their aspirations and their legitimate right to self-determination and independence and to defend its national unity and improve the building of the Sahrawi sovereign state.
- Art. 32: Any citizen who meets the required legal conditions have the right to elect and be elected.
- Art. 33: All citizens have the right to stand as a candidate for public office according to the criteria defined by law.
- Art. 34: Private propertyPrivate propertyPrivate property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...
is guaranteed and organized by law. - Art. 35: The right to educationRight to educationThe right to education is a universal entitlement to education, a right that is recognized as a human right. According to the International Covenant on Economic, Social and Cultural Rights the right to education includes the right to free, compulsory primary education for all, an obligation to...
is guaranteed. Education is compulsory and free. The state organizes the educational institutions in accordance with the academic laws. - Art. 36: All citizens are entitled to protection and health careHealth careHealth care is the diagnosis, treatment, and prevention of disease, illness, injury, and other physical and mental impairments in humans. Health care is delivered by practitioners in medicine, chiropractic, dentistry, nursing, pharmacy, allied health, and other care providers...
. - Art. 37: WorkEmploymentEmployment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
is a right, duty and honor for all citizens. - Art. 38: State guarantees the protection of mothers, children, the elderly and the disabled, establish institutions for that purpose, adopting a social securitySocial securitySocial security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
policy and enacting the necessary laws. - Art. 39: The state shall promote housing for all citizens.
- Art. 40: The state guarantees parents (father and mother) of martyrs, their children who have not attained the age of majorityAge of majorityThe age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
, the war wounded, the prisoners in enemy territory and the victims of the war of liberation the materialMaterialMaterial is anything made of matter, constituted of one or more substances. Wood, cement, hydrogen, air and water are all examples of materials. Sometimes the term "material" is used more narrowly to refer to substances or components with certain physical properties that are used as inputs to...
and moralMoralA moral is a message conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader or viewer to determine for themselves, or may be explicitly encapsulated in a maxim...
rights to be defined by law. - Art. 41: The state pursues the promotion of women and her political, social and cultural participation, in the construction of society and the country's development.
- Art. 42: The state ensures the continuous improvement of the capacities of the youthYouthYouth is the time of life between childhood and adulthood . Definitions of the specific age range that constitutes youth vary. An individual's actual maturity may not correspond to their chronological age, as immature individuals could exist at all ages.-Usage:Around the world, the terms "youth",...
and their better use. - Art. 43: ForeignersAlien (law)In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
residing in the territory of the SADR have the right to practice their religionReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
and exercise their habits and customs. - Art. 44: The state guarantees the rights and private property of foreigners living legally in the country.
- Art. 45: Following the completion of national sovereignty, market economyMarket economyA market economy is an economy in which the prices of goods and services are determined in a free price system. This is often contrasted with a state-directed or planned economy. Market economies can range from hypothetically pure laissez-faire variants to an assortment of real-world mixed...
and freedom of initiative will be recognized. - Art. 46: Foreign investmentInvestmentInvestment has different meanings in finance and economics. Finance investment is putting money into something with the expectation of gain, that upon thorough analysis, has a high degree of security for the principal amount, as well as security of return, within an expected period of time...
and public and private investments are organized by law.
- 5th Chapter: Liabilities
-
- Art. 47: All the citizens are required to respect the Constitution and the laws of the republic. Ignorance of the law does not justify its infringement.
- Art. 48: There is a sacred obligation for all: Defend the homeland and participate in its liberation, defend the national unity and combat any fickleness of belonging that aint belonging to the Sahrawi people. The law provides severe penalties for treason, espionageEspionageEspionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
on behalf of the enemy, fidelity to the enemy and crimes committed against the state security. - Art. 49: National serviceNational serviceNational service is a common name for mandatory government service programmes . The term became common British usage during and for some years following the Second World War. Many young people spent one or more years in such programmes...
is obligatory, all citizens who meet the legal conditions required for that purpose, are required to comply. - Art. 50: Protection of the family and its promotion is mandatory, for the parents in the education of their children, and for the children in the respect to their parents.
External links
- Proclamation of the Sahrawi Arab Democratic Republic
- The Sahrawi Arab Democratic Republic - article from WSO that includes constitutional history
- 1976 Constitution
- 1991 Constitution
- 1995 Constitution
- 1999 Constitution
- 1999 Constitution