Constitutional Law at Western Sahara

It sounds like you're asking about Constitutional Law in relation to Western Sahara. Let me explain a bit:

Western Sahara is a disputed territory in North Africa. It was a Spanish colony until 1975. When Spain withdrew, both Morocco and the Polisario Front (representing the Sahrawi people) claimed the territory. Since then:

Morocco controls about 80% of Western Sahara and treats it like part of its own country (calling it its "Southern Provinces").

The Polisario Front declared the Sahrawi Arab Democratic Republic (SADR) in 1976, seeking full independence. The SADR is recognized by many countries and is a member of the African Union.

Because of this, constitutional law in Western Sahara depends on which side you're talking about:

In Moroccan-controlled Western Sahara:
Moroccan constitutional law applies. Morocco's 2011 Constitution claims national unity and territorial integrity, meaning Morocco sees Western Sahara as an inseparable part of its territory. Moroccan law, courts, and administrative systems operate there.

In Polisario-controlled or claimed areas (SADR):
The Sahrawi Arab Democratic Republic has its own provisional constitution (since 1991), focusing on:

Independence struggle

Governance structure (President, National Council)

Fundamental rights and freedoms
But SADR doesn't have full control over much territory — it mainly operates from refugee camps in Tindouf, Algeria.

International Law Angle:
According to the United Nations and international law:

Western Sahara is considered a non-self-governing territory.

A final decision on its status (independence vs. integration with Morocco) is still pending — ideally through a referendum, which has been delayed for decades.

 

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