The Congress of Deputies debate on Tuesday the proposal of law that seeks to facilitate the acquisition of Spanish nationality for those saharawi born when the territory was administered by Spain. The proposal was registered for adding and seeking to reduce the years resided in the country necessary to acquire citizenship from ten to two. The text highlights the “historical and linguistic ties” of the Saharawi people with Spain. The PSOE, which this Monday did not yet clarify the meaning of his vote, already rejected in 2023 the taking into consideration of a similar initiative promoted by his government partner then, united Podemos.
On February 26, 1976, and gave a period of one year for Saharawi to meet certain conditions acquire nationality. The proposal of law denounces that the execution of this procedure was “impossible”, since the Spanish administration had already abandoned the territory. The law aims to continue with this process and, for this, the type of documentation they can submit to prove that they were born during the Spanish administration of Sahara: Spanish DNI (although expired), certificate of registration in the Spanish census of 1974 or documents that prove the status of the official of the Spanish Administration, among others.
Therefore, Sumar proposes to include the Saharawi people in article 22 of the Civil Code, which acknowledges that “the nationals of origin of Ibero -American countries, Andorra, Equatorial Guinea, Philippines, Portugal or Sephardic”. This would mean that the children of nationalized Saharawi can ask for nationality at five years, and not at ten, as is currently the case.
Tesh Sidi, Hispanosaharawi deputy to add and one of the editors of the proposition of law, considers that the “most interesting core of the law” resides in the benefits for the children of the nationalized. Figure in 15,000 families with Saharawi children in Spain, but states that the norm would affect “almost all” citizens from the Western Sahara. This is because many of the citizens who resided in the territory when they were part of Spain still live. In addition, he explains that many of the descendants of those who have already died have the documentation that proves that his relative had been Spanish.
The deputy also emphasizes the need to “equate migratory rights” with respect to the nationalities that the Civil Code already recognizes. He denounces that the rights of Saharawis are not the same as those of “any other migrant that benefits from historical ties”, which generates a “grievance.” It also refers to a matter of “restorative memory” for the Saharawi who worked and quoted for Spain.
The proposition of the law underlines the “activities aimed at strengthening historical ties with the Saharawi people (…) followed by governments of different sign.” Sources of adding highlight this “sensitivity” of the Spanish population with the matter and trust that the rights will support the measure. The spokeswoman of Podemos María Teresa Pérez has slid that they will vote in favor in a press conference this Monday: “We have a historical debt with the Western Sahara. We will discuss it within the parliamentary group, but the position remains. ” These words come a few days – in which Isa Serra of Podemos was – to play Saharawi soil.
The Saharawis are the majority of the stateless
The report European Network on Statelessnesspublished in October 2024 by several international organizations specialized in migration, estimated in. According to the INE, in 2023 there were 1,118 requests from the stateless statute in Spain, of which 1,080 (96%) were Saharawis. Tesh Sidi reiterates that the approval of the proposal of law would allow the Saharawi that are in a state of apatridia in Spain could access nationality.
Legal sources recognize that the problem with the Saharawi is that “there is no state that recognizes nationality” and speaks of a “normative helplessness.” Therefore, when they arrive in Spain, they do not have documentation that proves nationality in a country with international recognition. The stateless statute “recognizes protection and gives them access to public services,” they explain. However, he affirms that Spain “is one of the countries with the most advanced legislation in the field of apatridia”, since nationality is granted to the children of stateless.
The Saharawi who ask for the apatridia face very similar problems that other refugees and migrants when requesting asylum. The same sources mention “the collapse of the administration”, but also or administrative silence. Tesh Sidi published a thread in X last Thursday where he related his way to get Spanish nationality. In 2021, after almost 20 years, Sidi officially achieved Spanish citizenship.
Only my twin brother, my father and I know how cruel those years of foreigners were, where we begged the right to be recognized as children of Spanish, of being simply documented with something that recognized our existence.
– Tesh Sidi🇪🇭 (@eshesidi)
