constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

of the

Sahrawi Arab Democratic Republic The Sahrawi Arab Democratic Republic (; SADR; also romanized with Saharawi; ar, الجمهورية العربية الصحراوية الديمقراطية ' es, República Árabe Saharaui Democrática), also known as Western Sahara, is a ...

(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 Sahrawi National Council (SNC) or Sahrawi Parliament is the legislature of the Sahrawi Arab Democratic Republic. Its structure and competences are guided by the Constitution of the Sahrawi Arab Democratic Republic (SADR). The present speaker ...

— the SADR's parliament in exile — in 1995 and 1999. The constitution provides for a

separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...

between

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as p ...

, and

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

es. It names

Arabic Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C ...

as the national language and

Islam Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ...

as the

state religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular state, secular, is not n ...

, and grants every citizen

freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...

and the right to property. It further determines that an

independent Independent or Independents may refer to: Arts, entertainment, and media Artist groups * Independents (artist group), a group of modernist painters based in the New Hope, Pennsylvania, area of the United States during the early 1930s * Independ ...

Western Sahara Western Sahara ( '; ; ) is a disputed territory on the northwest coast and in the Maghreb region of North and West Africa. About 20% of the territory is controlled by the self-proclaimed Sahrawi Arab Democratic Republic (SADR), while the r ...

will be a

multiparty democracy In political science, a multi-party system is a political system in which multiple political parties across the political spectrum run for national elections, and all have the capacity to gain control of government offices, separately or in coal ...

with a market economy. Presently, however, the constitution ties the SADR to the

Polisario Front The Polisario Front, Frente Polisario, Frelisario or simply Polisario, from the Spanish abbreviation of (Popular Front for the Liberation of Saguia el-Hamra and Río de Oro), (in ar, rtl=yes, الجبهة الشعبية لتحرير الس� ...

, which is working to establish an independent Western Sahara. For example, the

Secretary General of the Polisario Front The Polisario Front, Frente Polisario, Frelisario or simply Polisario, from the Spanish abbreviation of (Popular Front for the Liberation of Saguia el-Hamra and Río de Oro), (in ar, rtl=yes, الجبهة الشعبية لتحرير السا� ...

(now

Brahim Ghali Brahim Ghali () ( ar, rtl=yes, إبراهيم غالي, Ibrāhīm Ġālī; es, Brahim Gali; born 16 September 1949) is a Sahrawi politician and military officer that serves as the current president of the Sahrawi Arab Democratic Republic (SADR) ...

) is constitutionally identical to the

President of the Sahrawi Arab Democratic Republic The president of the Sahrawi Arab Democratic Republic is the head of state of the Sahrawi Arab Democratic Republic (SADR), a government in exile based in the Sahrawi refugee camps of Tindouf, Algeria. From the declaration of independence on Febru ...

, until the achievement of independence. This is because the constitution differentiates between before and after the Western Sahara is independent. Thus, several clauses will not come into effect until the proclamation of independence, and various changes in the political order will then occur (see e.g. articles 9, 10, 30, 31, 45). Among other things, the constitution details a transitional phase after independence has been declared (see articles 130–133, Chapter Thre

in which the POLISARIO is detached from the

republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...

and transformed into a political party among others. As such, the SADR remains a dominant-party system. For information on the institutions and elections that are regulated in the constitution of the SADR, see

here Here is an adverb that means "in, on, or at this place". It may also refer to: Software * Here Technologies, a mapping company * Here WeGo (formerly Here Maps), a mobile app and map website by Here Technologies, Here Television * Here TV (form ...

and

. For information on the political institutions of the Polisario Front, see

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:

is the state religion and law origin. :: Art. 3:

Arabic language Arabic (, ' ; , ' or ) is a Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter ...

is the official national language. :: Art. 4: The

capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used f ...

of the country is

El Aaiun Laâyoune ( , also , ) or El Aaiún ( , ; Hassaniya Arabic: , romanized: ; ber, ⵍⵄⵢⵓⵏ, Leɛyun; ar, label=Modern Standard Arabic, Literary Arabic, العيون, al-ʿUyūn/el-ʿUyūn, lit=The Spring (hydrology), Springs) is the la ...

. :: Art. 5: The

flag A flag is a piece of fabric (most often rectangular or quadrilateral) with a distinctive design and colours. It is used as a symbol, a signalling device, or for decoration. The term ''flag'' is also used to refer to the graphic design empl ...

national anthem A national anthem is a patriotic musical composition symbolizing and evoking eulogies of the history and traditions of a country or nation. The majority of national anthems are marches or hymns in style. American, Central Asian, and European n ...

, and SADR's

coat of arms A coat of arms is a heraldry, heraldic communication design, visual design on an escutcheon (heraldry), escutcheon (i.e., shield), surcoat, or tabard (the latter two being outer garments). The coat of arms on an escutcheon forms the central ele ...

are defined by law. * 2nd Chapter: ''People'' :: Art. 6: The

Sahrawi people The Sahrawi, or Saharawi people ( ar, صحراويون '; es, Saharaui), are an ethnic group and nation native to the western part of the Sahara desert, which includes the Western Sahara, southern Morocco, much of Mauritania, and along the s ...

is an

Arab The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...

African African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...

and

Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...

people. :: Art. 7: The

family Family (from la, familia) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...

is the base of the

society A society is a group of individuals involved in persistent social interaction, or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Socie ...

, funded on the

values In ethics and social sciences, value denotes the degree of importance of something or action, with the aim of determining which actions are best to do or what way is best to live (normative ethics in ethics), or to describe the significance of dif ...

of Islam and

ethics Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concerns m ...

. :: Art. 8: The

sovereignty Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...

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 territory. :: Art. 11: The people elect their

institutions Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...

to preserve their

identity Identity may refer to: * Identity document * Identity (philosophy) * Identity (social science) * Identity (mathematics) Arts and entertainment Film and television * ''Identity'' (1987 film), an Iranian film * ''Identity'' (2003 film), ...

and values, defend national unity and independence, and guarantee respect to the

human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...

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. * 3rd Chapter: ''State'' :: Art. 13: The state takes its

legitimacy Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to: * Legitimacy (criminal law) * Legitimacy (family law) * Legitimacy (political) See also * Bastard (law of England and Wales) * Illegitimacy in fiction * Legit (d ...

from the people's will, and only serves the people. :: Art. 14: The state exercise its sovereignty over its territory, its

territorial waters The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potenti ...

and its airspace. :: 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 A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...

) and ''dawair'' (

Town A town is a human settlement. Towns are generally larger than villages and smaller than cities, though the criteria to distinguish between them vary considerably in different parts of the world. Origin and use The word "town" shares an ori ...

s), subdivided in ''baladiat'' (

districts A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...

). Its political attributions are defined by law. :: Art. 17: The public goods are property of the people. They are composed of the

mineral In geology and mineralogy, a mineral or mineral species is, broadly speaking, a solid chemical compound with a fairly well-defined chemical composition and a specific crystal structure that occurs naturally in pure form.John P. Rafferty, ed. ( ...

riches, the energetic

resources Resource refers to all the materials available in our environment which are technologically accessible, economically feasible and culturally sustainable and help us to satisfy our needs and wants. Resources can broadly be classified upon their av ...

, the territorial waters riches and other goods defined by law. :: Art. 18: The public goods of the state are defined and administered in

conformity Conformity is the act of matching attitudes, beliefs, and behaviors to group norms, politics or being like-minded. Norms are implicit, specific rules, shared by a group of individuals, that guide their interactions with others. People often choo ...

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 regionalism,

nepotism Nepotism is an advantage, privilege, or position that is granted to relatives and friends in an occupation or field. These fields may include but are not limited to, business, politics, academia, entertainment, sports, fitness, religion, an ...

tribalism Tribalism is the state of being organized by, or advocating for, tribes or tribal lifestyles. Human evolution has primarily occurred in small hunter-gatherer groups, as opposed to in larger and more recently settled agricultural societies or civ ...

. :: Art. 20: The elected councils are the

framework A framework is a generic term commonly referring to an essential supporting structure which other things are built on top of. Framework may refer to: Computing * Application framework, used to implement the structure of an application for an op ...

in which the people express its will and controls the

public services A public service is any service intended to address specific needs pertaining to the aggregate members of a community. Public services are available to people within a government jurisdiction as provided directly through public sector agencies ...

. :: Art. 21: The state is the responsible of

public order In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...

and

security Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social ...

of peoples and goods. :: Art. 22: The

Sahrawi People's Liberation Army , image = , caption = Flag of Sahrawi Arab Democratic Republic , image2 = , caption2 = , founded = ( ago) , current_form = , disbanded = , branches = , ...

(SPLA) is the

armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...

of the state and guarantees national sovereignty. :: 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 The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...

of the Sahrawi people, and the culmination of national sovereignty 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 Oua is an islet on the north-east of Nukufetau atoll, Tuvalu, next to Lafanga Lafanga or Lafaga is an islet of Nukufetau, Tuvalu. The traditional history of Nukufetau recalls that in order to protect the atoll from raiders from Tonga Tong ...

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 Development or developing may refer to: Arts *Development hell, when a project is stuck in development *Filmmaking, development phase, including finance and budgeting *Development (music), the process thematic material is reshaped * Photograph ...

of the peoples of the world, from the base of

justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

and

equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...

. *4th Chapter: ''Rights and constitutional guarantees'' :: Art. 25: All the

citizens Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...

are equal before the law, both for protection or sanction. :: Art. 26:

Individual freedom Individualism is the moral stance, political philosophy, ideology and social outlook that emphasizes the intrinsic worth of the individual. Individualists promote the exercise of one's goals and desires and to value independence and self-reli ...

is guaranteed. No one can be deprived of the exercise of its liberty, except by law. Every citizen is

innocent Innocence is a lack of guilt, with respect to any kind of crime, or wrongdoing. In a legal context, innocence is to the lack of legal guilt of an individual, with respect to a crime. In other contexts, it is a lack of experience. In relation ...

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 Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit establ ...

according to the criteria defined by law. :: Art. 34:

Private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or ...

is guaranteed and organized by law. :: Art. 35: The

right to education The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...

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 care Health care or healthcare is the improvement of health via the prevention, diagnosis, treatment, amelioration or cure of disease, illness, injury, and other physical and mental impairments in people. Health care is delivered by health profe ...

. :: Art. 37:

Work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal t ...

is a right, duty and honor for all citizens. :: Art. 38: State guarantees the protection of mothers,

children A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...

, the elderly and the disabled, establish institutions for that purpose, adopting a

social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...

policy and enacting the necessary laws. :: Art. 39: The state shall promote housing for all citizens. :: Art. 40: The state guarantees

parents A parent is a caregiver of the offspring in their own species. In humans, a parent is the caretaker of a child (where "child" refers to offspring, not necessarily age). A ''biological parent'' is a person whose gamete resulted in a child, a male t ...

(father and mother) of

martyr A martyr (, ''mártys'', "witness", or , ''marturia'', stem , ''martyr-'') is someone who suffers persecution and death for advocating, renouncing, or refusing to renounce or advocate, a religious belief or other cause as demanded by an externa ...

s, their children who have not attained the

age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...

, the war wounded, the prisoners in enemy territory and the victims of the war of liberation the material and moral rights to be defined by law. :: Art. 41: The state pursues the promotion of

women A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or Adolescence, adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female hum ...

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

youth Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. You ...

and their better use. :: Art. 43: Foreigners residing in the territory of the SADR have the right to practice their

religion Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...

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 economy and freedom of initiative will be recognized. :: Art. 46: Foreign

investment Investment is the dedication of money to purchase of an asset to attain an increase in value over a period of time. Investment requires a sacrifice of some present asset, such as time, money, or effort. In finance, the purpose of investing i ...

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 to the Sahrawi people. The law provides severe penalties for treason,

espionage Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...

on behalf of the enemy, fidelity to the enemy and crimes committed against the state security. :: Art. 49:

National service National service is the system of voluntary government service, usually military service. Conscription is mandatory national service. The term ''national service'' comes from the United Kingdom's National Service (Armed Forces) Act 1939. The ...

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.

References

External links

*
Proclamation of the Sahrawi Arab Democratic Republic
- article fro
WSO
that includes constitutional history
1976 Constitution

1999 Constitution

THE CONSTITUTIONOF THE SAHRAWI ARAB DEMOCRATIC REPUBLICAdopted by the 14th Congress of the Frente POLISARIO, 16-20 December 2015
{{Constitutions of Africa Politics of the Sahrawi Arab Democratic Republic Law of the Sahrawi Arab Democratic Republic Sahrawi 1976 documents Sahrawi nationalism