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The Spanish law on Sahrawi nationality worries Rabat without changing the situation.

The Spanish law on Sahrawi nationality worries Rabat without changing the situation.
The Spanish law on Sahrawi nationality worries Rabat without changing the situation.

The Spanish Congress has adopted a bill opening a special path to Spanish nationality for Sahrawis born in Western Sahara before 1977, under Madrid 's colonial administration . The vote, 168 in favor and 31 against, reignites a diplomatic dispute with Morocco.

The bill still needs to pass the Senate before coming into effect, but its adoption by Congress is enough to cause a stir in foreign ministries. The law would allow people born in Western Sahara before September 29, 1977, the date on which Spain completed its withdrawal from the territory, to apply for Spanish citizenship without meeting the usual residency requirements. First-degree descendants would also be eligible. For Sahrawis legally residing in Spain and meeting the criteria, the required residency period would be reduced from ten years to two.

Reuters reports that between 70,000 and 110,000 potential beneficiaries could be granted Spanish citizenship, a figure that remains uncertain according to estimates. These would include Sahrawis living in the disputed territory, as well as refugees settled around Tindouf, Algeria , where the Polisario Front maintains its headquarters and administers the camps. Anyone obtaining Spanish nationality would automatically acquire the status of a European Union citizen.

Morocco considers Western Sahara an integral part of its sovereignty and is closely monitoring the situation. The law does not alter the territorial status of Western Sahara, does not recognize an independent Sahrawi state, and does not call into question Madrid's official support for the Moroccan autonomy plan, reaffirmed by Pedro Sánchez 's government in 2022 after a serious diplomatic crisis between the two countries. However, Rabat fears that it will create an institutional link between Spain and a population with direct ties to this territory, which is at the heart of the bilateral dispute.

The issue is all the more sensitive as it is part of a broader debate on Spain's use of its colonial past to establish legal rights. In 2015, Madrid opened a naturalization process for Sephardic Jews able to prove their origin and a specific link with Spain, referring to their expulsion beginning in 1492. This precedent fuels a potential Moroccan argument: if historical ties can justify nationality rights, why should Morocco's historical and geographical relationship with Ceuta and Melilla, two cities on the North African coast under Spanish administration, be without legal relevance? Morocco claims these two enclaves; Spain considers their sovereignty non-negotiable.

Within Spain, the bill has divided the parties. The ruling Socialist Party and its ally Sumar supported it. The People's Party abstained, while Vox voted against it. This division shows that the measure goes beyond a simple technical adjustment to nationality law: it has become a marker in the Spanish debate on the colonial legacy.

In practical terms, the law does not alter control over Western Sahara, the ongoing UN process, or Madrid's official position. Its scope is primarily political: it reintroduces Spanish colonial history into the public debate and undermines the balance achieved since 2022 between Madrid and Rabat, at a time when the two countries are cooperating closely on migration, security, and trade.

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