The Combined periodic report of all outstanding reports covering the period 2013 to
2025 of the Saharawi Republic submitted to the African Commission on Human and
Peoples' Rights in accordance with Article 62 of the African Charter on Human and
Peoples' Rights,
The initial report of the Sahrawi Arab Democratic Republic on the implementation
of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights
of Women in Africa (the Maputo Protocol), and:
The report of the Sahrawi Arab Democratic Republic on the implementation of the
provisions of the African Union Convention for the Protection and Assistance of
Internally Displaced Persons in Africa (Kampala Convention)
May 2026
1
Table of Contents
Part One: General information on the Sahrawi Arab Democratic Republic of
Saharawi.............................................................................................................................. 3
General Introduction.......................................................................................................... 9
Part Two: Response to the Observations and Recommendations of the African
Commission
on
Human
and
Peoples'
Rights..................................................................................................................................14
Part Three: Data and information on the overall framework for the promotion and
protection of human rights in the Sahrawi Republic .....................................................20
Part Four: Application by the Sahrawi Republic of the Articles of the African
Charter............................................................................................................................... 24
Part Five: Gross violations of human and peoples' rights by Morocco in the occupied
and
liberated
territories
of
the
Saharawi
Republic..............................................................................................................................58
Part Six: Implementation of the Maputo Protocol on the Rights of Women in Africa
…………………………………………………………………………………………….67
Part Seven: Implementation of the Kampala Convention on the Assistance and
Protection of the IDP in Africa……………………………………………………….…94
General Conclusion ....................................................................................................... 108
2
PART ONE
GENERAL INFORMATION ON THE SAHARAWI ARAB DEMOCRATIC
REPUBLIC
1. Territory, population and indicators
•
Area: 284,000 km²
•
Population: 500,000 inhabitants (2024)
•
Languages: Arabic (official language), Spanish (second language), Hassanya (national dialect)
•
Religion : islam
•
Currency: the peseta
2. Economic potential and impact of occupation
The Saharawi Republic has immense economic potential that predisposes it to be among the richest
countries on the African continent. It has considerable deposits of high-quality phosphates, as well as one
of the largest fish riches in the world, due to its strategic position on the Atlantic Ocean. In addition, there
are strong indications of the presence of undeveloped mineral resources. However, assessing the real
volume of this wealth, as well as assessing its potential economic return, remains extremely difficult in the
absence of reliable and transparent statistics. This opacity is the result of the systematic censorship imposed
by the occupation, which hinders access to any economic or human data concerning the occupied territories,
in an apparent attempt to conceal the reality and mask the extent of the looting taking place.
3
In terms of tourism, the Saharawi Republic has exceptional assets allowing it to develop a diversified and
sustainable model, combining ecological and maritime tourism, Saharan and cultural tourism, thanks to its
vast desert area, its preserved Atlantic coasts and its rich cultural and human heritage. However, this sector
is also distorted by systematic instrumentalization: the Moroccan occupation exploits it to conveya false
image of "development" in the occupied areas, without an independent or verifiable statistical basis, while
prohibiting free access to international observers and independent researchers. Thus, any reference to
tourism figures or indicators is only a propaganda tool in the service of the occupation agenda, without any
real benefit for Saharawi citizens.
In terms of renewable energy, the Saharawi Republic is among the most promising regions in the world,
due to its high rates of sunshine throughout the year and the power and regularity of its winds, opening up
considerable prospects for investment in solar energy, wind energy and green hydrogen. However, these
strategic potentialities are now being exploited outside any legitimate sovereign framework, under the effect
of the illegal Moroccan military occupation and with the complicity of certain states and foreign companies
that not only appropriate the resources, but also contribute to the financing of the occupation.
3. SOCIAL AND DEMOGRAPHIC INDICATORS (2024)
•
•
Average life expectancy: 76.7 years
o
Women: 77.3 years
o
Male: 76 years
Infant mortality rate: 23.7 per cent
o
Boys: 25.5%
o
Girls: 21.8%
•
Maternal mortality ratio: 76.9 per cent
•
Enrolment rate: 98%
4
Age distribution (in percent)
•
Under 5 years old: 12%
•
Under 20 years of age: 36.7%
•
Youth (15–24 years): 26.8%
•
25–59 years: 48.8%
•
60 years and older: 7.4%
Human Development Index (2024): 0.617
4. INSTITUTIONAL FRAMEWORK
The Saharawi institutional framework is based on:
-
Constitutional mechanismsConstitutional mechanisms are based on political bodies and judicial
institutions. The 1995 Constitution, amended in January 2023, enshrines the principle of the
separation of powers (executive, legislative, judicial) within the framework of a presidential regime.
A. The National People’s Assembly:
5
The National Assembly, which guarantees free and democratic expression, exercises legislative authority
through the following functions: overseeing the government’s work, voting on laws, and addressing human
rights issues through its standing committees. The Assembly consists of 51 deputies representing various
political orientations, who are elected by direct universal suffrage.
B. The Consultative / Advisory Council:
A constitutional advisory body comprising 191 members, including dignitaries and notables representing
all segments of Sahrawi society. For the first time, women are represented by 11 members.
C. Measures to promote women's representation:
The 2023 organic law provides for the application of a quota of at least 33% of female candidates on the
electoral lists; non-compliant lists are rejected. As a result of this policy, the proportion of women in
Parliament reached 42% in the April 2023 elections, an increase of 9% compared to the
previouselectionswhere they accounted for33%. This rate of 42% is among the highest among African
parliaments.
5. EXECUTIVE POWER
Executive power is exercised by:
•
The President of the Republic: Head of State and guarantor of national unity, elected by direct
universal suffrage by the General People's Congress of the Popular Front for the Liberation of
Saguia el-Hamra and Rio de Oro (Polisario Front), for a three-year term renewable once for a period
of one year.
•
The Prime Minister: responsible for implementing the government programme, coordinating the
action of the executive and submitting his programme to the National People's Council for approval.
6. THE SAHARAWI DEMOCRATIC REPUBLIC AND THE AFRICAN CHARTER ON HUMAN
AND PEOPLES' RIGHTS
A. Membership and commitments
The Saharawi Republic signed the African Charter on Human and Peoples' Rights on 10 April 1986, ratified
it on 2 May 1986 and presented its first periodic report at the 33rd Ordinary Session of the African
Commission on Human and Peoples' Rights (May 2003, Niger), and its second periodic report at the 55th
Ordinary Session (May 2014, Angola). This combined report covers the period 2013–2025.
This report was prepared by a joint governmental working group, bringing together representatives of
various ministries and sectors concerned with the implementation of the Saharawi Republic's commitments
under the African Charter and other relevant instruments. The process was based on a participatory
approach, including broad consultations with all stakeholders: public institutions and bodies, civil society
actors, as well as specialized experts. In this context, the working group has conducted aseriesof
6
consultations with the competent authorities in order to collect relevant data and involve sectoral experts in
the drafting of the parts relevant to their field, while ensuring the active participation of civil society
organisations at all stages. The process concluded with the convening of two final meetings, held under the
authority of the Saharawi Ministry of Foreign Affairs. These sessions were devoted to the in-depth
examination of the final version of the report, in the presence of all the partners concerned, before its official
adoption and formal validation
B. Progress on democracy and the rule of law
Since the last report submitted by the Saharawi Republic, tangible progress has been made in the process
of building the State and consolidating the foundations of good governance. Significant progress has been
made in strengthening democratic practice and strengthening the rule of law, through institutional reforms
that have expanded the space for political freedoms and fostered greater citizen participation in public
affairs.
The judiciary has seen substantial improvements, strengthening its independence and its ability to protect
rights and ensure the rule of law. At the same time, ongoing reforms in the area of human rights and
fundamental freedoms show an increased commitment to legal and constitutional norms.
These achievements have been achieved despite the major challenges related to the persistence of the illegal
Moroccan military occupation over a large part of the national territory, depriving the Saharawi State of
control of its economic resources, and despite the complicity of some external powers in maintaining this
colonial situation. Nevertheless, the Saharawi Republic has continued to implement structural reforms
aimed at consolidating respect for human rights, expanding individual and collective freedoms, enhancing
transparency and promoting the values of justice and equality, reflecting a constant political will to build
strong institutions that guarantee fundamental rights.
In this context, a set of organic laws was prepared and adopted following extensive participatory debates
on the electoral system, media regulation, ensuring women's representation in elected assemblies, freedom
of association, as well as the regulation of wilayas (provinces) and municipalities, among others. These
texts are now in force, strengthening the national legal framework, supporting the process of good
governance and contributing to the institutional development of the Saharawi Republic.
7
GENERAL INTRODUCTION
1. The Saharawi Republic: Genesis, challenges and the struggle for the right of the Sahrawi people
to freedom and self-determination
The Sahrawi Republic is located in Northwest Africa, between latitudes 27º40 North and 20º47 South. It is
bordered by Algeria (41 km) to the northeast, Morocco (500 km) to the north, and Mauritania (1,570 km)
to the east and south, with an Atlantic coastline of about 1,110 km. Its surface area is 284,000 km² and its
population is close to half a million inhabitants, of Arab, Berberand African origin. The Hassanya language
is the national dialect, Arabic is the official language, and Spanish is the second language. The population
practices Sunni Islam according to the Maliki rite.
The territory is divided into five main regions: Saguia elHamra (north), Zemmour (central-east), Adrar
Suttuf (central-south), Tiris (southeast), and theAtlantic coast (west). The administrative capital is
Laâyoune (in the occupied areas), while Bir Lahlou is consideredastheprovisional capital in the liberated
areas, alongsidemajor cities such as Smara, Dakhla, Boujdour and Aousserd.
The Sahrawi Republic was proclaimed on 27 February 1976 by the Popular Front for the Liberation of
Saguia el-Hamra and Rio de Oro (Polisario Front), in the locality of Bir Lahlou, the day after the official
withdrawal of Spain, a colonial power. The purpose of this proclamation was to fill the legal vacuum created
by this unilateral withdrawal, which took place without Spain having assumed its legal obligations relating
to the completion of the decolonization process, which has been placed under the supervision and
requirements of the United Nations since the 1960s.
The Saharawi Republic bases the legitimacy of its institutions on the advisory opinion of the International
Court of Justice of 1975, which confirmed the absence of any external sovereignty over the territory and
recognized the right of the Saharawi people to self-determination, in accordance with United Nations
General Assembly resolution 1514 of 14 December 1960. It is also based on the popular will expressed by
the Saharawis through their resistance to Spanish colonialism and then to the Moroccan occupation.
On 4 March 1976, the Provisional National Council announced the formation of the first Sahrawi
government, composed of three ministries (Defence, Foreign Affairs, Interior and Justice) and five
Secretaries of State (Health and Social Affairs, Education, Information, Finance and Trade, Energy and
Communications), under the authority of the Council of Ministers.
2. Political system and Constitution
The Sahrawi Republic adopts a pluralist democratic system in accordance with its Constitution, although
political power remains concentrated in the hands of the Frente Polisario until the completion of national
liberation. The Constitution enshrines the separation of the three powers:
8
•
The National Council (Parliament): the legislative body responsible for drafting laws, monitoring
government action, approving the budget and ratifying international treaties.
•
The judiciary: independent, organized into jurisdictions ranging from the courts of first instance to
the Supreme Court.
•
The Government: an executive body responsible for the implementation of laws and programmes,
headed by the President of the Republic, Secretary-General of the Polisario Front.
3. International recognition and membership in the African Union
Since its proclamation, the Saharawi Republic has obtained diplomatic recognition from 84 states around
the world. It is a member of the Organization of African Unity in 1982 and a founding member of the
African Union in 2002. It enjoys observer status at the United Nations through the Polisario Front, which
has been recognised as the legitimate political representative of the Saharawi people by UN resolutions
since the 1970s. The Front has offices in most of the world's capitals, while the Saharawi Republic is
represented by embassies and diplomatic missions in several countries in Africa, Latin America and
Asia.
4. National Emblems and Official Days
•
Flag: composed of the colors black, white, green and red, with a crescent and a red star.
•
National anthem: Ya Bani al-Sahra ("O son of the Sahara").
•
Currency: the Sahrawi peseta (symbolic, not used in current transactions).
National Days
•
17 June: Soulèvement by Zemla (1970)
•
18 June: Dayof the Saharawi Disappeared (1970, kidnapping of Sidi Mohamed Sidi Ibrahim Basiri)
•
10 May: Foundation of the Polisario Front (1973)
•
20 May: Launchof the armed struggleagainst Spanish colonialism (1973)
•
9 June: Martyrs' Day (death of ElOuali Mustapha Sayed, first SecretaryGeneralof the Polisario
and first Presidentof the Saharawi State, 1976)
•
12 October: National Unity Day (1975)
•
27 February: Proclamation of theSahrawi Republic (1976)
•
8 November:Saharawi Prisoner's Day (2010,brutal repression of the Gdeim Izik camp)
5. Efforts for the completion of the decolonization process and the position of the Saharawi situation
Since its proclamation on 27 February 1976, the Saharawi Republic has faced a partial occupation of its
territory by the Kingdom of Morocco, in a context marked by secret agreements with the former colonial
power Spain. Spain had exercised its colonial domination over Western Sahara from 1884 until 26 February
1976, without completing the decolonization process in accordance with the resolutions of international
law.
9
As a result of this unilateral withdrawal, the Saharawi people, led by the Popular Front for the Liberation
of Saguia el-Hamra and Rio de Oro (Polisario Front), proclaimed the Saharawi Republic as an independent
State, an expression of the free will of the people of Western Sahara and their legitimate aspiration to
independence and self-determination. The Kingdom of Morocco then embarked on a vast expansionist
military campaign, based on secret agreements with Spain and Mauritania, invading a large part of the
Saharawi territory and causing destruction and abuses in the occupied areas.
Since the 1960s, and well before the Moroccan occupation, the Organization of African Unity and the
United Nations have assumed their responsibilities in the process of decolonization of Western Sahara,
reaffirming the inalienable right of the Saharawi people to self-determination through a free, fair and
transparent referendum. However, all United Nations and African initiatives aimed at a peaceful solution
to the conflict have remained ineffective, due to Morocco's intransigence and its persistent refusal to allow
the Saharawi people to exercise their democratic right.
In this context, the Saharawi Republic reaffirms its categorical rejection of any political solution that does
not explicitly and clearly guarantee the free and independent exercise of the Saharawi people's right to selfdetermination, without coercion or preconditions. It deeply deplores the continuation by the Moroccan
occupation regime of its policy of blocking the UN and African settlement process, since the adoption of
the 1991 peace plan accepted by the two parties.
The Saharawi Republic demands the strict application of the Constitutive Act of the African Union, to
which Morocco acceded in 2017, in particular articles 3 and 4 enshrining respect for borders inherited from
colonization and the inviolability of the territorial integrity of member states. It also insists on the need to
ensure the application of Article 20 of the African Charter on Human and Peoples' Rights in Western
Sahara, as in other African regions, and rejects any political or unilateral attempt to hinder its
implementation.
Although the Saharawi struggle has favoured political and diplomatic means over the past three decades,
the Moroccan military attack on peaceful Saharawi demonstrators in the Guerguerat area on 13 November
2020 constituted a serious violation of the ceasefire. The ceasefire had been in force since 6 September
1991 under the supervision of the United Nations Mission for the Referendum in Western Sahara
(MINURSO). This act led to the resumption of armed struggle by the Sahrawi People's Liberation Army
from 14 November 2020, as a legitimate right of defence, in accordance with the principles of international
law.
Since then, military clashes have intensified, with the Sahrawi People's Liberation Army carrying out
continuous operations against the positions and bases of the occupying forces, in a context of political
deadlock. This situation, repeatedly described by the United Nations as a serious threat to regional security
and stability, calls for the establishment of a just and effective international mechanism to end the
occupation and enable the Saharawi people to exercise their right to self-determination.
Since the adoption of the UN-African peace plan in 1991 and the establishment of the ceasefire by Security
Council Resolution 690, MINURSO has failed to fulfil its main mandate: to organise the selfdeterminationreferendum. Nor has it succeeded in accomplishing other missions entrusted to it, such
as the releaseofdetainees,carried outonly once in 1996, thus revealingthe limits of its action and its
inabilityto achieve the objectives for which it was created. This failure is attributable to Moroccan
obstacles, which are reflected in:
10
•
Settler colonisation: the occupied territories have been massively occupied by Moroccan settlers,
representing more than 75% of the population, as implicitly recognised by the Court of Justice of
the European Union (paragraph 157 of the judgment of 4 October 2024, amended on 15 January
2025).
•
Repression: Peaceful demonstrations are systematically repressed in the occupied areas, with
violations of the civil, political, economic and cultural rights of the Saharawi people. Citizens are
subjected to arrests, enforced disappearances, torture and arbitrary evictions.
•
Media blockade: Moroccan authorities deny access to international observers and the media,
including the International Committee of the Red Cross, which has not been able to visit Sahrawi
detainees since 1996. Between 2014 and 24 August 2025, around 329 foreign observers from more
than 21 nationalities (parliamentarians, human rights defenders, journalists, etc.) were expelled from
the occupied territories, prevented from documenting the human rights situation. In 2025 alone, 27
foreign observers, including deputies, lawyers and journalists from Spain, the United States and
Portugal, were expelled, confirming the continuation of this policy of blockade and obstruction of
international surveillance. UN human rights mechanisms have not been able to visit the country
since 2015, and mechanisms and rapporteurs of the African Commission on Human and Peoples'
Rights have never been allowed to visit the occupied areas.
•
Expulsion of MINURSO members
In 2016, Moroccan occupation authorities expelled 84 members of the United Nations Mission for
the Referendum in Western Sahara (MINURSO), including African Union observers. This decision
followed statements by the United Nations Secretary-General, Ban Kimoon, describing the
Moroccan presence in Western Sahara as a "situation of occupation", thus confirming the
resolutionsof the United Nations General AssemblyNos. 34/37 (1979) and 35/19 (1980).
TheSecurity Council and the African Union have condemned these acts,calling for the return of the
African contingent and for apeaceful and equitable settlement guaranteeing the right of the Saharawi
people to self-determination, in accordance with theArticle 20 of the African Charter on Human
and Peoples' Rights. Nevertheless, the mission remains deprived of its African component.
6. Legal opinions and court decisions reaffirming the independence of Western Sahara from
Morocco
The Saharawi people have won significant legal and judicial victories against the continued plundering of
their natural wealth by Morocco and some European actors, as well as against the attempts by Morocco and
its allies to impose a colonial fait accompli in Western Sahara, aimed at annihilating the inalienable right
of the Saharawi people to self-determination. Among these decisions and opinions:
1) 2015: Legal opinion from the Office of the Legal Adviser of the African Union, confirming that the
Moroccan presence in Western Sahara constitutes an illegal military occupation, and that the
Saharawi Republic is the legitimate state and government of the territory. The opinion specifies that
any exploitation of Saharawi natural resources is illegal without consultation with the Saharawi
people and their legitimate representative, the Polisario Front and the Saharawi Republic.
2) 10 December 2015: The General Court of the European Union (case T512/12) annuls a decision of
the Council of the EU on the application of an agricultural agreement with Morocco in Western
Sahara.
11
3) 21 December 2016: The Court of Justice of the European Union (C104/16 P) establishes that
Western Sahara is a "distinct and separate" territory from Morocco, and that the agreements
concluded with the latter cannot apply to it without the consent of the Saharawi people.
4) 15 June 2017: The High Court of South Africa orders the precautionary seizure of a shipment of
Saharawi phosphates (NM Cherry Blossom case), recognising the legitimate property of the
Saharawi people and not that of the Société de Marocaine de Phosphate.
5) 23 February 2018: The High Court of South Africa issues a final judgment confirming that the
cargo belongs to the Saharawi Republic and that its extraction was done without the consent of the
Saharawi people.
6) 27 February 2018: The Court of Justice of the European Union (Case C-266/16 Western Sahara
Campaign UK) ruled that the fisheries agreement concluded between the European Union and
Morocco does not apply to the waters of Western Sahara. This decision reaffirms the principle of
consent and the specificity of this territory
7) 29 September 2021: The General Court of the European Union (Case T-279/19 and Joined Cases
T-344/19 and T-356/19) annulled the decisions of the Council of the European Union that had
approved the amendment of the agricultural and fisheries agreements concluded with Morocco in
order to extend them to Western Sahara. The Court found that these agreements had not received
the consent of the Saharawi people through their legitimate representative, the Polisario Front.
8) 4 October 2024: The Court of Justice of the European Union (in its final judgments on appeals C778/21 P, C-798/21 P, C-779/21 P and C-799/21 P) dismissed the actions brought by the European
Council and the European Commission against the previous decision annulling the Euro-Moroccan
trade agreements on the grounds that they included the territory and products of Western Sahara. It
confirmed that the 2019 agreements (agriculture and fisheries) concluded with Morocco had been
adopted in violation of the principle of self-determination and without the consent of the Saharawi
people. This decision thus consecrates the culmination of the Saharawi litigation process within the
European Union.
7. Persistent and systematic violations of human rights
Numerous international, regional and Saharawi organisations have documented serious violations in the
occupied territories: arbitrary arrests, torture, unfair trials, enforced disappearances, repressionof
peaceful demonstrations, media blockade, as well as illegal exploitationnatural resources by Morocco and
foreign companies. These practices violate international economic law, threaten regional stability and
create new forms of colonialism.
Among the organizations that have denounced these violations:
•
Amnesty International, Human Rights Watch, Front Line Defenders, Robert Kennedy Foundation
for Human Rights, Freedom House, NOVACT (Spain), International Observatory of Natural
Resources of Western Sahara (WSRW).
•
The rapporteurs and mechanisms of the United Nations Human Rights Council in Geneva.
•
Saharawi organisations: Saharawi Human Rights Commission, AFAPREDESA (Association of
Families of Saharawi Prisoners and Disappeared Persons), ASVDH (Association of Victims of
12
Serious Violations Committed by the Moroccan State), CODESA (Collective ofSaharawi Human
Rights Defenders), SONREP (Saharawi Observatory for Natural Resources and the Protection of
the Environment)ISACOM (Sahrawi Authority against the Moroccan Occupation), as well as the
League for the Protection of Saharawi Prisoners in Moroccan Prisons.
8. The international role in the protection of human rights
The UN has not yet succeeded in completing the process of decolonization of Western Sahara, due to
Morocco's obstruction but also the support of some states for the occupation. Countries such as the United
States, France, Spain and Israel support Morocco's proposal for "autonomy", while Moroccohas no rights
to the territory and cannot grant it such status. The Saharawi people, represented by the Polisario Front and
theSaharawi Republic, reject this colonial approach and remain committed to respect for international law
and the free exercise of their right to self-determination.
Thus, the organization of a referendum on self-determination remains the only legitimate, realistic solution
in accordance with international law, as confirmed by the United Nations General Assembly and the
International Court of Justice. The persistence of the Moroccan occupation constitutes a violation of the
Charter of the United Nations, the Geneva Conventions and the Constitutive Act of the African Union,
prolongs the conflict and threatens regional stability, especially since military clashes have resumed since
the breakdown of the ceasefire in 2020.
13
PART TWO
RESPONSE TO THE OBSERVATIONS AND RECOMMENDATIONS OF THE AFRICAN
COMMISSION ON HUMAN AND PEOPLES' RIGHTS
The African Commission on Human and Peoples' Rights has a direct and fundamental legal responsibility
for the monitoring, protection and promotion of human rights in all States Parties to the African Charter,
without exception or restriction. This responsibility derives from the relevant provisions of the Charter, in
particular articles 1, 19, 20 (123), 21, 22, 23, 45, 46, 60 and others, which require the Commission to
monitor the commitments of States parties, to monitor the human rights situation, to receive complaints, to
issue recommendations, but also to call for solidarity and the fight against all forms of colonialism,
occupation and racial discrimination. This legal competence is contractual and binding in nature; it may in
no way besuspended, limitedor subordinated to political considerationsor to circumstantial priorities
of the deliberative organs of the African Union. The protection of human rights was indeed the very essence
of the Charter and the basis of the Commission's existence.
Thus, the argument that certain political decisions adopted at African Union summits could take precedence
over the Commission's mandate, as has happened in recent years with regard to the human rights situation
in Western Sahara, has no legal basis and explicitly contradicts the text and spirit of the Charter. The
Commission's mandate does not derive its mandate from reviewable political decisions, but from a legal
instrument that is binding on States parties. The decisions of the summits should not be used as a pretext
for suspending the fulfilment of its obligations towards the Saharan people, particularly in the face of the
serious and systematic violations committed in the occupied territories. The continued marginalization of
the Commission's role in that context not only undermined the protection of human rights, but jeopardized
the credibility of the entire African protection system, particularly in areas subject to foreign occupation
and unresolved conflicts.
1. Introduction (paragraph 15)
The Saharawi Republic thanks the African Commission on Human and Peoples' Rights for the in-depth
examination of its combined report (20022012), presented at the 55th Ordinary Session held in Luanda
(Angola) from 28 April to 12 May 2014, as well as for all the observations and recommendations made in
order to strengthen its capacity to honour its human rights commitments.
A Saharawi delegation, led by His Excellency Mr. Hamada Salma Daf, former Minister of Justice, and
including Mr. Aba Elhassan Salek and Mr. Sidi Mohamed Agay, participated fully in this constructive
dialogue with the Commission.
The Saharawi Republic reaffirms its firm commitment to respect and implement its obligations as a State
Party to the African Charter on Human and Peoples' Rights, ratified on 2 May 1986. It welcomes the
Commission's recognition of the importance of the ongoing dialogue and expresses its readiness to continue
this cooperation based on transparency and openness, with the aim of promoting and protecting human
rights in the territories under its administration, for the benefit of the Saharawi people.
At the same time, the Saharawi Republic stresses the need to develop effective mechanisms to guarantee
the protection of human rights in the occupied territories of its national territory, or at the very least to
reveal and document the systematic violations committed there. To this end, it stresses the importance of
the reports of international organizations and relevant mechanisms, as well as the use of all available means,
14
including the adoption of reports from Saharawi organizations operating in the occupied areas or the
establishment of digital communications with them and with victims, in order to circumvent the blockade
imposed by Morocco, which prevented hundreds of international organisations and observers from
accessing the territory.
2. Positive aspects (paragraph 6-36)
The Saharawi Republic welcomes the Commission's positive observations on the progress made in the
implementation of the African Charter:
A. Political commitment and stakeholder participation (paragraphs 67)
The Sahrawi Republic reaffirms its commitment to international commitments and to the promotion
of the participation of civil society in the formulation of human rights policies and reports.
B. Constitutional framework and ratification of international instruments (paragraph 811)
•
The 2019 Constitution incorporates all the fundamental rights enshrined in the African Charter.
•
The ratification or signing of major instruments, such as the Protocol Relating to the African Court
and the Kampala Convention, reflects the Republic's commitment to regional and international
standards.
C. Right to self-determination and diplomatic efforts (9)
The diplomatic efforts of the Saharawi Republic focus on strengthening the international recognition
of its state institutions as an "irreversible continental and international" reality, and on resisting
initiatives aimed at imposing Moroccan sovereignty over the territory.
The Sahrawi Republic considers that the right to self-determination is an essential and unavoidable
condition for guaranteeing respect for human and peoples' rights and for enforcing respect for international
law, and undertakes to defend it by all legitimate means. This right is the source of all other rights and a
cornerstone without which there can be no democracy, human rights or an international order that respects
the dignity of peoples.
Main axes of recent diplomatic actions:
1. Activities at the continental and UN level
o
African Union: The Saharawi Republic has consolidated its place in the African Union,
actively participating in summits such as the BRICS summit in South Africa, the UAUE
partnership summits, the climate conferences in Kenya and Ethiopia, the UACARICOM
summit, the TICAD summits, as well as in all activities and meetings organized by the
African Union or by the States maintaining diplomatic relations with it.
o
United Nations Security Council: The year 2025 was marked by intense diplomatic battles
over the renewal of MINURSO's mandate. Despite attempts by some permanent members
of the Council to change the terminology enshrined in dealing with the question of Western
Sahara, Resolution 2797 adopted in October 2025 reaffirmed that any realistic and agreed
solution must lead to the exercise by the Saharawi people of their right to self-determination,
in accordance with the Charter of the United Nations. It should be recalled that the Security
15
Council adopted 15 resolutions between 2013 and 2025 without achieving tangible progress
to end the Moroccan occupation, due to Morocco's intransigence and its refusal to respect
international legality.
o
Regional agreements: On 2 April 2025, a Memorandum of Understanding was signed
between the Saharawi Republic and the Southern African Development Community
(SADC) in favour of decolonisation and self-determination.
2. State representation and diplomatic accreditationsThe diplomatic representation of the Saharawi
Republic has expanded significantly in the years covered by the report, reflecting its growing
political and diplomatic presence in the international arena, particularly in Africa, Latin America
and Asia, where it has embassies accredited in 22 countries, as well as a permanent representation
to the African Union. At the same time, the Polisario Front provides political and diplomatic
representation in the majority of European countries, North America and Oceania, through more
than 26 officially recognized or accepted offices and representations, working to maintain
relations with governments, parliaments, civil society organizations and the media.
3. Political positions and increase in intensity
Rejection of the current process: The Polisario Front, which leads the government of the Saharawi
Republic, has stated that it cannot be part of a political process based on proposals aimed at legitimizing
the occupation. This position reflects the rejection of the Moroccan project of "autonomy" as the exclusive
framework fornegotiation, an attempt contrary to the basic principles of international law. At the sametime,
the Frente Polisario is cooperatingconstructivelywith the efforts of the United Nations to reach a peaceful,
agreed solution that guarantees the Saharawi people the exercise of their right to self-determination, thus
putting an end to five decades of colonisation and occupation.
Mobilization of international and popular supportThe Saharawi people's struggle for freedom enjoys
the support of many influential states around the world, as well as considerable support from civil
society and popular movements in the majority of countries. Conversely, the Moroccan occupation
remains isolated in its attempt to impose a colonial fait accompli, supported by states themselves
accused of violations of international law and involved in stirring up conflicts in Africa and elsewhere,
first and foremost France.
Warning regarding economic activities: The Saharawi government has reiterated its warnings to
international companies and organisations against any activity carried out in the Saharawi territories,
described as an "open war zone". TheSaharawi Republic has won all the legal actions broughtby the
Polisario Front before the Europeanand African courts against Morocco and against the European
Statesinvolvedin the illegal exploitation of natural resources, by means of contracts signedwith the
occupying power without the agreement of the Saharawi people or their legitimate representative.
D. Gender equality and women's rights (paragraphs 13-16)
The Saharawi Republic has adopted a set of operational and legislative measures to enable Saharawi women
to fully assume their role in State institutions and society. Women actively participate in all elections and
electoral operations. A Ministry for the Advancement of Women and Social Affairs has been set up to
develop public policies on women's rights.
16
In addition, the Saharawi Republic adopted an official Declaration on Gender Equality on 19 March
2022, with a follow-up mechanism through periodic reports to the African Union, the latest of which was
on 15 April 2025. This approach reflects an institutional approach based on evaluation and monitoring.
In the same spirit, the Republic continues its efforts to achieve the objectives of gender equality through
equal opportunities and the establishment of practical mechanisms for the participation of women in all
spheres, without discrimination on the basis of sex. These efforts include:
•
The opening of a specialized school for the training of women in various professional sectors.
•
The creation of a technical group for the support and strengthening of women's capacities,
composed of young specialists in psychology, sociology, law, health, economics and political
science.
These initiatives aim to train, raise awareness and empower women, particularly in the economic field, in
order to increase their level of independence and strengthen their role. This policy has led to the emergence
of successful models of women entrepreneurs and active in economic sectors, sometimes surpassing men,
as reflected in the statistical indicators for the year 2024 presented in the following table.
Representation of women in the different sectors (2024)
The sector
Local and regional political affairs
Social Affairs and Advancement of Women
Health
Education
Commerce
Profession of lawyer
Water and Environment
Youth and sports
Interior and safety
Percentage of female representation
100 %
98 %
92 %
88 %
72 %
66 %
63,23 %
57,89 %
47 %
E. Judicial reforms and prisoners' rights (paragraphs 17-20)
Sahrawi legislation limits police custody to 72 hours. The State is making sustained efforts to reintegrate
minors and has undertaken numerous judicial reforms in this area, which have been welcomed by society.
The Saharawi Republic intends to continue these improvements.
F. Health, education and employment (paragraphs 2125)
The Saharawi Republic applies a policy of free health care, compulsory education and the creation of
employment opportunities. These policies remain national priorities despite the constraints imposed by the
occupation of part of the territory, which deprives thousands of Saharawis of their fundamental rights in
these areas.
G. Protection of vulnerable groups and the environment (paragraphs 26-32)
17
The Saharawi Republic is working to strengthen and adopt all initiatives in favour of persons with
disabilities, the elderly and environmental protection.
H. Peace, security and culture (paragraphs 33-36)
The Saharawi Republic and the Polisario Front have made considerable efforts to promote peace, security
and culture, including through:
•
Adherence to Geneva Call in 2005, banning the use of anti-personnel mines and committing to the
destruction of their entire stockpile (20,493 mines), in eight phases, the last of whichin 2018 with
the destruction of 2,500 mines in the presence of international observers.
•
The official declaration of the Polisario Front, on 23 June 2015, of accession to the Geneva
Conventions of 1949 and to Additional Protocol I relating to the Protection of Victims of
International Armed Conflicts, deposited with the Government of Switzerland in accordance with
Article 96, paragraph 3, of Additional Protocol I of 1977. This approach enshrines the Polisario
Front as a party committed to the respect of international humanitarian law, with the rights and
obligations that flow from it, strengthening its legitimacy as a national liberation movement and
confirming its commitment to protect civilians and respect the rules of humanitarian law in the
context of national liberation conflicts and situations of foreign occupation.
4. Blocking factors (paragraphs 37-42)
•
Moroccan occupation (paras. 37, 39-40)
The illegal occupation of Western Sahara since 1975 constitutes the main obstacle to the exercise
of the rights of the Saharawi people, due to the systematic violations and illegal exploitation of
natural resources. Several international reports, including that of the United Nations Office for
Human Rights in 2006, have concluded that the deprivation of the right to self-determination is the
root cause of the civil, political, economic, social and cultural violations suffered by this people.
•
Landmines (paragraph 38)
Mines scattered along the separation wall pose a daily threat to civilians and livestock. The Saharawi
Republic has destroyed its entire stockpile in accordance with its Geneva Call commitments and is
strengthening its cooperation with the Italian organization CISP and other specialized agencies to
continue demining efforts.
•
Poverty and the situation of refugees (paragraphs 40-41)
The Saharawi refugees, who have been living in south-west Algeria since 1975, constitute the oldest
population of political refugees on the continent. They suffer from political and international
uncertainties that affect humanitarian aid, which is sometimes used to reduce support and force them
to give up their rights. In the occupied territories, poverty and unemployment are increasing among
the Saharawis, while Morocco encourages the settlement of Moroccan settlers through various
advantages, in a settlement policy aimed at changing the demographic reality, in contradiction with
international law and humanitarian law.
•
Delay in the settlement of the conflict (paragraph 42)
The Republic deplores the failure of the United Nations to organize direct negotiations between the
parties, due to Morocco's repeated obstructions. It reiterates its call for an urgent solution under the
aegis of the United Nations and the African Union, guaranteeing the exercise of the inalienable right
18
of the Saharan people to self-determination, in accordance with Article 20 of the Charter and the
relevant resolutions.
5. Areas of focus (paragraphs 43-51)
The Saharawi Republic undertakes to respond to all the concerns raised:
•
Follow-up to recommendations (paragraph 43): This report details the actions taken since
2012.
•
Ratification of the instruments (paragraph 44):
o
Protocol on Persons with Disabilities (23/06/2019).
o
Protocol on the Rights of Older Persons (23/06/2019).
o
Protocol on the Rights of Women (19/03/2022).
o
Deposit of the instrument on the rights of the child and their well-being (31/07/2024).
•
Access to the African Court (45): Ongoing consideration of a declaration under Article 34(6) to
allow direct access for individuals and organizations.
•
Death penalty (46): Effective moratorium in force; consideration of legislative abolition.
•
Police custody (47): Alignment planned for the maximum duration of 48 hours recommended.
•
Statistical data (48-51): Improved data collection on freedom of association, torture, reproductive
health, etc., despite limited resources.
6. Recommendations (paras. 52 (ixiii))
Recommendation
(i) Ratification des instruments
(ii) Declaration for the African Court
(iii) Legislative abolition of the death penalty
(iv) Duration of police custody
(vvi) Vulnerable groups and the environment
(vii) Combating torture
(viii) Negotiations with Morocco
(ix) Cooperation with the Office of the High
Commissioner
(x) Data and statistics
(xixii) Reporting Guidelines
(xiii) Follow-up on Recommendations
Commitment of the Saharawi Republic
Priority given to ratifications
Draft legislation under consideration
Reflection in progress
48-hour alignment
Maintaining priority
Dissemination of the Robben Island Principles
Continued efforts for self-determination
Continuous cooperation
Inclusion in the next report
Integration into future reports
Regular notification to the Commission
The Saharawi Republic reaffirms its willingness to cooperate fully with the Commission and to make
progress in the protection of human rights despite the persistent challenges, in particular the continued
occupation of part of its territory. In return, it called on the Commission to fully assume its mandate and
responsibilities towards the Saharawi Republic, as a State party to the Charter, and to strengthen cooperation
with its institutions in order to improve the situation of Saharawi human rights.
19
PART THREE
DATA AND INFORMATION ON THE GENERAL FRAMEWORK FOR THE PROMOTION
AND PROTECTION OF HUMAN RIGHTS IN THE SAHARAWI ARAB DEMOCRATIC
REPUBLIC
The Saharawi Republic guarantees the implementation of a national plan to strengthen respect for the
human rights enshrined in the Constitution. The Plan sets out a coherent human rights policy and confirms
the determination of the Republic to promote the individual and collective freedoms and duties of its
citizens, as well as the values of equality, solidarity, participation and tolerance.
In this context, the Government is continuing the reforms undertaken, including the completion of the
reform of the judicial sector and the evaluation of measures in the areas of education, health and social
protection. In addition, the status of women has been improved, especially since the 2015 General People's
Congress, which was marked by increased participation of women in public life and society, with increased
representation in institutions.
Human rights policy in the Sahrawi Arab Democratic Republic has led to a continuous strengthening of:
•
(A) the institutional architecture,
•
(B) the legal framework.
A. Institutional architecture
It includes:
1. Constitutional mechanisms
2. Non-Constitutional Mechanisms
1. Constitutional mechanisms
They are managed by political bodies and judicial institutions. The Constitution, amended in 2023,
enshrines the separation of executive, legislative and judicial powers, within the framework of a presidential
system.
•
Legislative power: exercised by the Saharawi National Council (Articles 75 to 116 of the
Constitution). As a sovereign body, it democratically expresses the will of the people, formulates
and adopts laws, supervises State institutions, controls public finances, approves government
programmes and evaluates their implementation.
o
Composed of 51 members elected by direct and secret suffrage.
o
Eligibility conditions: bea Sahrawi, at least 25 years old, have a clean criminal record, have
a university degree or at least five years' professional experience.
o
The Council adopts the government's annual programme, the budget and ratifies
international treaties.
20
o
It is headed by an elected president, assisted by a bureau, commissions and a general
secretariat. Members enjoy parliamentary immunity.
o
It holds two ordinary sessions (spring and autumn) and can convene extraordinary sessions.
Human rights issues are dealt with by its standing committees.
•
The Consultative Council: an advisory body to the President of the Republic, whose composition
and functioning are determined by presidential decree.
•
Executive power: exercised by the President of the Republic and the Prime Minister.
•
•
•
o
The President, elected by direct and secret universal suffrage by the General People's
Congress of the Polisario Front for a three-year term renewable once for a period of one
year, embodies national unity and represents the State.
o
The Prime Minister implements the presidential programme, coordinates government action
and submits the programme to the National Council for approval.
The Judiciary: independent, composed of three levels of courts (first instance, appeal, Supreme
Court), as well as military courts. Judgments are rendered in the name of the people, guaranteeing
equality and respect for the law.
o
The Supreme Court, headed by a president appointed by the Head of State, is the top of the
judicial hierarchy.
o
The Prosecutor General, also appointed by the President, represents the Public Prosecutor's
Office.
o
The Supreme Council of the Judiciary, chaired by the Head of State and composed of seven
members, ensures the independence of the judiciary, protects the rights of judges and issues
opinions on pardons and reductions of sentences.
o
The legal profession is free and independent, governed by law.
The Constitutional Council: body responsible for:
o
To review the constitutionality of laws, regulations and international agreements.
o
Verify the legality of the elections.
o
To resolve disputes between institutions on the application of the Constitution.
o
Study and analyze the Constitution.
o
Composed of five members: a Presidentappointed by the Head of State, two members
electedby Parliament and two by the Supreme Council of the Judiciary. Itsdecisions
arefinal, not subject to appeal and binding on all authoritiesafterpublication in the Official
Journal.
The Saharawi National Commission for Human Rights (CONASADH): created by Presidential
Decree No. 5/2014 of 8 March 2014, in accordance withthe Paris Principles. It has 33 members
representinginstitutions, civil society organisations and national personalitiesrecognised for their
21
commitment to human rights, including 16 women. It was established as a constitutional body under
the 2023 Constitution, in accordance with Articles 144 and 145.
o
An independent and advisory body responsible for monitoring and assessing the human
rights situation, alerting on violations and making recommendations.
o
It carries out awareness-raising, information and communication activities, issues opinions
to improve national legislation and prepares an annual report on the human rights situation
to the President of the Republic.
Freedom of opinion and expression is considered an essential instrument for the supervision and protection
of human rights, acting as a check and balance.
B. Legal framework and concrete measures
The legal framework governing human rights in the Sahrawi Arab Democratic Republic includes the
Constitution, international treaties, organic laws and ordinary legislation. The 1995 Constitution, amended
in 2023, devotes its second chapter to rights and freedoms, established as constitutional principles, also
enshrined in the international instruments to which the Republic is a party.
Chapter I of the second title sets out the rights and constitutional guarantees guaranteed to all Saharawi
citizens, without distinction based on race, colour, sex, language, religion or opinion (Article 25). These
rights include:
•
Equality before the law (Article 26).
•
Protection of individual freedoms: presumptionof innocence, right to defence, prohibition of
arbitrary arrests, limitation of police custody to 72 hours (Article 27).
•
The inviolability of dignity and honour, the protection of the home unless authorized by a court
(Article 28).
•
The guarantee of freedom of expression (Article 30).
Chapter I also enshrines social and economic rights:
•
Right to vote and to stand as a candidate (Article 33).
•
Access to public office (Article 34).
•
Guarantee of private property (Article 35).
•
Compulsory and free education (Article 36).
•
Health protection (Article 37).
•
Work as a right and duty (Article 38).
•
Support for vulnerable groups: mothers, children, disabled peopleand the elderly(Article 39).
•
Right to housing and freedom of movement (Article 40).
•
Rights of the families of martyrs, wounded and missing (Article 41).
22
•
Promotion of the participation of women (Article 42) and young people (Article 43).
•
Rights of legally resident aliens: freedom of worship and protection of property (Article 4445).
•
Support for the market economy, once national sovereignty has been fully restored (Article 46).
The second chapter deals with the obligations:
•
Respect for the Constitution and the laws, without excuse of ignorance (Article 47).
•
Defense of the fatherland, protection of national unity, severe punishment of treason and espionage
(Article 48).
•
Compulsory national service for eligible citizens (Article 49).
•
Protection of the family: the duty of parents to educatetheir children, the duty of children to
respect and obey their parents (Article 50).
This mechanism aims to balance rights and duties, guaranteeing social stability and progress towards
independence and sovereignty.
The Saharawi Republic reaffirmed its commitment to the principles of the Universal Declaration of Human
Rights (10 December 1948), a commitment enshrined in the preamble to its Constitution. The Polisario
Front acceded to the four Geneva Conventions and Additional Protocol I on 24 June 2015, in accordance
with Article 96 of the Protocol. The Sahrawi Republic also maintains close cooperation with the United
Nations, international humanitarian organizations and NGOs.
The annual celebrations of Human Rights Day, Women's Day, Children's Day, Day of the African Child
and Day of Persons with Disabilities provide opportunities for public policy advocacy and evaluation.
In the area of human rights education, primary schools incorporate international conventions into their
curricula (civics, Islamic education, languages, history and geography). Educational materials (posters,
extracts from conventions) are distributed in all national schools. The regional and international instruments
ratified by the Republic are also relayed by the media, with specific programmes. Magistrates receive
training, both internally and abroad, on civil liberties and human rights.
23
PART FOUR
IMPLEMENTATION BY THE SAHARAWI ARAB DEMOCRATIC REPUBLIC OF THE
PROVISIONS OF THE AFRICAN CHARTER
•
Article 1: Application of the CharterThe ratification of the African Charter has given this
instrument a supranational value, under the supervision of the Constitutional Council, and has made
it a mandatory reference for the drafting of organic laws and decrees. Since 2010, the Saharawi
Republic has been engaged in a process of bringing its legislation into line with African and
international standards.
•
Articles 2 and 3: Non-discrimination and equality before the law
The Sahrawi Republic guarantees the elimination of all forms of discrimination and equal rights for
all citizens and residents.
o
o
Constitutional provisions:
▪
Article 25 : Every citizen shall enjoy rights and freedoms without discrimination as
to race, colour, sex, religion or political opinion.
▪
Article 26 : Citizens are equal before the law in matters of protection and
punishment.
▪
Articles 33 and 34 : They guarantee the right to vote and access to public office
according to objective criteria.
Legal provisions:
▪
Penal Code criminalizing racial, religious or sexual discrimination.
▪
Labour Code prohibiting discrimination in employment and pay.
▪
Education and health laws guaranteeing free and equal access.
The Sahrawi Republic has ratified the African Charter on Human and Peoples' Rights, thus reaffirming the
principles of justice. It has also acceded to African and international human rights instruments, such as the
Universal Declaration of Human Rights, in accordance with the provisions of the Constitution (in particular
the second chapter, to which 21 articles are devoted).
International and regional commitments
24
A — Guarantees of equality in the judicial system
•
Article 126 of the Constitution enshrines the principles of legality and equality before the law, while
guaranteeing everyone the right to appeal to the courts.
B. Gender equality
•
With regard to legal capacity, the age of civil majority is set at 18 years for marriage and the
conclusion of contracts, in the same way for both sexes.
•
In terms of financial rights, women have autonomy over property, the right to keep their family
name and the freedom to manage their property without the intervention of their husbands.
C. Protection of women and their social position
•
The absence of violence against women stems from the respected place they occupy in Saharawi
society. To date, no cases of violence against women have been registered in court. This reality can
be explained by the culture of the Saharawi people, which rejects violence, especially against
women, children, the elderly and the vulnerable. It is also the result of the attachment of Saharawi
society to these values, as well as of the action of the Republic to enshrine women's rights and to
encourage them to exercise them.
D. Legal autonomy
•
There are no discriminatory laws on property management or civil rights. This legal and institutional
framework illustrates the commitment of the Saharawi State to protect human rights and consolidate
the principles of justice and equality, in accordance with its constitutional and international
obligations. The Republic reaffirms its unwavering commitment to the principle of equality and the
protection of the fundamental rights of all.
Article 4: Right to life and to physical and moral integrity
The Constitution of the Saharawi Republic explicitly guarantees the protection of the physical and moral
integrity of individuals and respect for human dignity. Article 28 stipulates: "The Stateshall ensure the
inviolability of the human person. Any form of physical or moral violence, any violation of dignity, as well
as any violation of the home shall be prohibited."
Article 27 specifies the guarantees of individual freedom:
•
Presumption of innocence until conviction by judicial decision.
•
Right to defence and assistance of a lawyer.
•
Prohibition of detention or imprisonment except in cases provided for by law.
•
Limitation of police custody to 72 hours, with extension only by reasoned judicial decision.
The Penal Code devotes an entire chapter to crimes against the person (murder, battery, kidnapping), with
severe punishments, regardless of race, sex, religion or status. It also criminalises moral offences such as
defamation and threats. The Code of Criminal Procedure provides guarantees against any abuse in the
application of judicial measures.
25
Articles 5 and 6: Prohibition of torture and cruel, inhuman or degrading treatment – Right to
personal security and prohibition of arbitrary detention
The Saharawi Republic, aware of the suffering inflicted by decades of colonial exploitation, is committed
to putting an end to any practice of exploitation, humiliation or trafficking in persons. The Constitution
guarantees the right to liberty, security of persons and property, and protection against threats, arbitrary
arrest or detention. It also ensures the right to a fair trial within a reasonable time.
Article 28 formally prohibits any form of torture or violence: "It is forbidden to attack the integrity of
man, his honour or dignity, or to inflict torture or any physical or moral violence on him."
The Code of Criminal Procedure provides for any person arrested:
•
The right to contact one's family.
•
The medical examination before the interrogation and after the police custody.
•
The right to the assistance of a lawyer before the courts.
•
The prohibition of extending police custody beyond 72 hours without a reasoned judicial decision.
As for the death penalty, it has never been applied in the Saharawi Republic. It remains provided only in
cases of premeditated murder, when the victim's family refuses any reconciliation or compensation.
Article 7: Right to a fair trial
The Saharawi Republic guarantees simple and fair access to justice:
•
Simplified judicial administration, organised on two levels.
•
Distribution of jurisdictions adapted to bring justice closer to citizens.
•
A legal aid system that allows access to justice regardless of economic or social status.
Article 8: Freedom of thought, conscience and worship
The Saharawi Republic guarantees freedom of worship, with respect for the Constitution, laws and
regulations, public order, morality and the fundamental rights of others.
Article 9: Right to information and freedom of expression
The Constitution guarantees freedom of expression and the right to information. The Information Act has
been elevated to the status of an organic law, reflecting the importance attached to freedom of the press.
Media policy is based on constitutional principles inspired by international instruments:
•
Universal Declaration of Human Rights.
•
African Charter on Human and Peoples' Rights (ratified in 1986).
26
Media Policy Objectives:
•
Promote freedom of expression and the right of access to information.
•
To support the causes of human rights and self-determination.
•
To contribute to development and liberation through honest and impartial information.
Achievements despite the challenges of war and exile:
•
Diversification of the media (press agency, television, radio, newspapers, websites).
•
Development of infrastructure (fibre optics, satellite broadcasting, internet).
•
Emergence of independent media (electronic newspapers, blogs, websites).
Main official media:
•
National television (SADR TV) broadcasts via ABS 34 and Comsat satellites, in order to cover
Africa, Latin America and Europe
•
Radios:
•
•
o
National Radio (12 hours daily in Arabic and Spanish).
o
Regional radio stations (5 FM stations), including a youth (Laayoune) and a women's
(Smara) station.
Written press:
o
Newspapers: Sahara Libre (weekly), Akhbar Al-Yawm (daily).
o
Magazines: El-Khanka, AlAmal, Al-Ittihad (monthly).
Websites: Sahrawi News Agency, government portals.
Technological developments and media openness:
•
Live streaming of official media on the internet for Saharawis in the occupied territories and the
diaspora.
•
Use of social media to expand the audience.
•
Introduction of foreign languages (French, Spanish, English, Russian) in some official programs
and websites.
Training and legal framework:
•
Basiri Institute of Journalism (founded in 2011), offering theoretical and practical training in
partnership with international universities.
•
Internal law guaranteeing the rights of media professionals (fair employment, promotions, social
protection).
27
•
Support for the families of the journalist victims: monthly allowances,annual recognition
ceremonies.
Women's participation in the media:
•
Women represent 33.99% of professionals in the sector.
•
Their proportion reached 62.85% in regional radio stations.
•
They hold management positions (radio directors, editors-in-chief).
Main Programs
•
Social and cultural programmes: represent 64% of the programme schedule.
•
Human rights programmes: dedicated to denouncing the violations committed by the Moroccan
occupation in the occupied territories and educating citizens about their human rights.
•
International cooperation: working with organizations such as the International Committee of the
Red Cross and the United Nations to raise awareness of humanitarian issues through training and
awareness-raising programs.
Challenges: Despite the gains, the Saharawi media system continues to face major challenges, including
the impact of the resumption of war and the violation of the ceasefire since November 2020 on media
services in liberated areas, as well as the media blockade imposed by the Moroccan occupation in the
occupied territories.
Conclusion: the Saharawi Republic has succeeded in building an integrated media system, contributing to
the defence of the national cause, the promotion of human rights and openness to the international
environment, based on media pluralism, technological modernization, continuous training and the
protection of press freedom.
Articles 10 and 11: Freedom of association and assembly
Article 31 of the Constitution guarantees the right to establish political parties and associations, which will
be fully recognized after the completion of independence. Article 32 stipulates that, until the achievement
of national sovereignty, the Frente Polisario shall remain the political and liberating framework within
which the Saharawis express their legitimate aspirations for self-determination, independence and national
unity.
At the same time, many civil society organizations are active in the fields of youth, women, workers,
lawyers, the disappeared, detainees, sports, culture, the environment, journalism, mine action and human
rights. These organizations operate freely on the ground.
Article 12: Freedom of movement, the right to asylum and the prohibition of collective expulsions
The Constitution guarantees all Saharawi citizens freedom of movement and residence in the national
territory, as well as the right to enter and leave it.
Article 13: Right to participate in the management of public affairs and access to public services
28
The Constitution guarantees the participation of citizens in the management of the country's public affairs
through the relevant principles and procedures, through several provisions, including the following articles:
•
Article 8: "The people are the source of all power; national sovereignty belongs exclusively to the
people."
•
Article 9: "The constituent power belongs to the people, who exercise their sovereignty through the
institutions they establish."
Articles 33 and 34 guarantee the right to vote and to stand for election, as well as access to public office
according to objective criteria.
Constitutional equality:
•
Article 26: Complete equalitybetween men and women in rights and duties.
•
Article 42: Guarantee of women's political, economic and social participation.
Electoral framework and civil service:
•
Electoral law amended in 2009: abolition of all discrimination, equality of opportunity.
•
Article 10: right to vote from the age of 18.
•
Civil Service Act (2010): equality, meritand competencein recruitment.
Women's political participation:
•
Parliament (National Council): Women make up 42% of the members (21 out of 51 seats), an
increase of 9% in the 2023 elections.
•
Municipal councils (2021): 90% of mayoral positions heldby women.
•
Government: 2 out of 17 women ministers (cooperation, social affairs and advancement of
women).
•
Constitutional Council: 1 woman out of 5 members (first female repre sent).
•
Pan-African Parliament: 2 out of 5 women representingSaharawis.
•
Justice: integrationof women as magistrates, lawyers and clerks.
•
Children's Parliament: 51 members, including 25 girls, to inculcate the culture of equality fromthe
youngest age.
Mechanisms to promote participation:
•
Awareness-raising campaigns on the role of women in governance.
•
Legislative reforms: the amendment of laws to ensure fairness (e.g. electoral law).
•
Targeted professional training (magistrates, lawyers).
29
Article 14: Right of ownership
The Constitution provides that "private property is guaranteed", the fundamental Saharawi text thus
ensuring citizens the right to property through the provisions of Article 35: private property is recognized
and governed by a law that the government is working to prepare for submission to Parliament during its
next legislative session. This law will provide an equitable framework for public and private property. In
addition, the Constitution also guarantees aliens residing in the country the protection of their property, in
accordance with article 45, which stipulates: The State shall ensure the protection of the rights and private
property of every alien lawfully residing in the national territory.
Article 15: Right to work under just and satisfactory conditions
Labour and social security legislation is in line with the principles of the African Charter. Article 38 of the
Constitution states: "Work is a right, a duty and an honour for every citizen."
Despite the constraints of occupation and limited resources, the Saharawi Republic has put in place policies
for job creation:
•
Production units: Family farms, pilot farms, cooperatives.
•
Training centres: To train Sahrawi managers and develop their skills.
•
Public employment: Recruitment in administrations and institutions.
•
Entrepreneurship: Encouragement of individual initiatives and small businesses.
Thus, despite all the difficulties, the Saharawi State has managed to strengthen employment opportunities
and support the local economy, reflecting its firm desire to ensure dignified living conditions for its citizens.
In the same vein, and in order to take charge of the employment and training sectors, the Saharawi Republic
established in 2007 a Ministry of the Civil Service, which is responsible for drawing up plans, programmes
and legislation relating to the creation of jobs and the provision of training for citizens at all levels and in
the various fields of specialization.
Constitutional principles:
- The constitutional principles governing labour legislation are based on the principle of nondiscrimination among citizens.
- The Constitution, amended in 2023, guarantees the equality of citizens before the law, without any
discrimination based on colour, ethnic origin, sex, opinion or any other personal or social status.
- The Constitution enshrines the fundamental principles of the promotion of human and civil rights, which
constitute a reference for the development of labour law.
- Public institutions proscribed feudal, regionalist and clientelist practices.
Fundamental rights of workers:
•
Right to work.
•
Right to protection, safety and hygiene.
•
Right to rest.
30
•
Right to trade union organization.
•
Right to strike.
National legislation:
The Basic Law guarantees workers' rights, including;
•
Trade union rights.
•
Conventions collectives.
•
Participation in employers' associations.
•
Social security and retirement.
•
Occupational health and safety.
•
Right to rest.
•
Participation in the prevention and resolution of collective disputes.
•
Right to strike.
Protection of specific categories
•
Women: enjoy the same rights and duties as men, with special provisions such as maternity leave
and specific rules for night work.
•
Children: prohibition of work by minors under 16 years of age, except for exceptions provided for
in the context of vocational training.
•
Persons with disabilities: the constitutional terminology has been changed to "persons with special
needs". They havefull rights, with special centresfor special education, autonomy and integration,
including teaching in Braille. Persons with cerebral palsyand the elderlyare given special attention,
followed by a central directorate within the Ministryof Social Affairs and the Advancement of
Women. Social workers provide permanent support, and the Republic encourages their employment
in appropriate functions.
Penalties: violations of labour legislation are punishable by fines or prison sentences, in particular for:
•
Employment of minors under the legal age.
•
Discrimination in working conditions.
Article 16: Right to the enjoyment of the highest standard of physical and mental health
The Constitution enshrines free health care (Article 37): "Medical care and treatment are a right for every
citizen. The State shall ensure theprevention and control of diseases and epidemics."
The health sector is a national priority, ensuring access to services and building a healthy society. The
Saharawi Republic has adopted a national public health strategy aimed at:
31
•
Preserve and develop available resources (infrastructure, human resources, specialized skills).
•
Promote prevention through health awareness and monitoring programs.
•
Provide medical equipment and materials to improve services.
•
Continue to implement WHO's plans against epidemics and infectious diseases.
•
Maintain joint programmes with Médecins du Monde, the Spanish Cooperation Agency and
UNHCR.
Achievements of the past decade:
The last decade has been a particularly important stage in the evolution of the organisational structure of
the health sector, encompassing structures, training and cooperation, in particular:
−
−
−
−
the use of specialized medical and surgical missions;
the provision of medicines and medical equipment;
obtaining funding from health projects;
the rehabilitation and construction of hospitals and new health units in the camps and liberated
territories.
As part of this dynamic, specialized programs have been integrated into the health system, including:
− the fight against malnutrition and anaemia;
− the development of programmes for the prevention and control of communicable diseases,
epidemics and pandemics;
− awareness-raising and prevention programmes focusing on hygiene in all its forms, with the
adoption of a "health weeks" plan;
− advanced maternal and child protection programmes;
− specific programmes for the care of people with chronic diseases such as diabetes, hypertension,
epilepsy, celiac disease and other chronic diseases;
− state-of-the-art programmes for the manufacture and assembly of prosthetics for war and mine
victims;
− convalescent programmes, including the establishment of specialised centres with rich diets and
quality health care, benefiting patients in the recovery phase, all categories and ages, including the
elderly, children, pregnant women and breastfeeding mothers.
Available health facilities:
Thanks to the efforts made in the area of health infrastructure, the Saharawi Republic has:
•
3 national hospitals and 5 dispensaries in the liberated areas.
•
2 national hospitals, 5 regional hospitals and 30 multi-purpose clinics in the refugee camps.
•
2 specialized centers (pulmonary tuberculosis, psychiatric diseases).
•
Health training schools: parame dical school for nurses and midwives, school for care
assistants, veterinary school.
32
•
National laboratory for the production of medicines, centre specialising in gynaecology and
obstetrics, medical analysis laboratory, disinfectant products factory, prosthesis workshops.
•
And particularly during the summer season, when temperatures can reach 50 °C in July and August,
the National Hospital Center has been expanded, with a strengthening of the gastrointestinal
diseases department as well as the creation of a department dedicated to surgical interventions in
several specialties, such as ophthalmology, otolaryngology, and orthopedic surgery.
Major national health programmes have been launched, including those related to the control of
endemic and epidemic diseases and the promotion of maternal and child health. These initiatives
have led to a significant improvement in the concrete results in terms of access to health care for
people in rural areas, as evidenced by the national indicators recorded in recent years, in particular
the evolution of infant and maternal mortality rates. Some of the most notable health programs
include:
National Health Programmes:
1. National immunization program.
2. Maternal Health Program.
3. Child Health Program.
4. Chronic Disease Monitoring Program.
5. Specific program for celiac disease.
6. The permanent programming of medical missions — Algerian, Spanish, Italian and French —
covering various specialties, has made it possible to perform surgical interventions for complex
cases, particularly in ophthalmology, nephrology, urology, obstetrics, general surgery,
otorhinolaryngology and in the treatment of chronic diseases.
7. Continuing education program.
8. Veterinary and animal health program.
9. The school health programme, which monitors the health of children during their schooling, is part
of the health policies and programmes implemented by the Saharawi State.
In the field of prevention
1. Reproductive Health Program:
Prenatal follow-up of pregnant women is provided through a specific protocol, providing for the
care of patients in each dispensary, post or health centre by specialized midwives, with an average
of four consultations per woman during pregnancy, as well as a postnatal visit within forty days of
delivery. Adequate and comfortable midwifery coverage is guaranteed in all regional hospitals and
health centres, with the necessary vaccines available for some pregnant women.
Continuous awareness-raising work is carried out among women of childbearing age. Nutritional
support is provided to pregnant and breastfeeding women through the distribution of a monthly
voucher worth DZD 2,600, in addition to general coverageof midwives in all clinics.
The means and equipment essential for the monitoring of pregnant women are provided. Maternity
wards are open and equipped with all the necessary equipment in regional hospitals and health
33
centres, as well as in some dispensaries. Continuing education is provided at the Paramedical
Training School and in its section of the wilaya of Dakhla, in the training of midwives, with
incentives to promote adherence to training.
Specific health programs
2. Integrated Child Health Program
•
Application of a follow-up protocol for children aged zero to five years allowing for the early
detection of certain conditions, such as stunting, dwarfism, malnutrition and anaemia.
•
Classification and referral of cases requiring the intervention of medical specialists.
•
Implementation of WHO maternal and child health policies, in line with strategic indicators.
•
Guarantee and monitoring of the vaccination of children according to the national calendar.
•
Vaccination coverage targets achieved through increased citizen awareness.
•
Existence of qualified vaccination teams in all regional health directorates.
•
Regular training and training for staff responsible for vaccination.
•
Establishment of cold chains for the storage of vaccines.
•
Distribution of nutritional supplements and the organization of food awareness workshops for
children.
3. School Health Program
•
Enhanced coordination between school health workers and regional and local directorates.
•
Full health coverage of all schools.
•
Continuous medical monitoring of students, including in Koranic schools and social institutions.
•
Creation of medical records for school children.
•
Continuation of multidisciplinary medical missions, with a focus on mental health.
4. Celiac Disease (Gluten Intolerance) Program
•
Diagnosis and follow-up of cases.
•
Family awareness programs.
•
Coordination to provide adequate feeding and regular distribution.
•
Patient registries updated.
5. Programme to combat epidemics and pandemics
Despite the significant lack of capacity for early detection of epidemics and pandemics, the programme has
been able to provide:
34
•
Continuous coordination with neighbouring countries in the event of disease outbreaks.
•
The creation of a border centre for the screening and monitoring of travellers.
•
Regional and cross-border surveillance of epidemics.
•
The use of the DATA GO platform for the monitoring and management of pandemics.
Medical care
1. General Medicine
•
Stable coverage in regional hospitals and local clinics.
•
A regular operation of the "Chahid Bachir Salah" health complex.
•
A contribution from foreign medical missions, particularly in surgery.
2. Nursing
•
Continued coverage of primary care despite understaffing.
•
Annual reinforcement by new graduates of the paramedical school.
•
Stability of medical services in health establishments.
3. Specialized Medical Services
Despite the obvious disparities in the functioning of medical services within regional hospitals, which are
sometimes affected by the breakdown of certain equipment or by the absence of specialists, the action of
these departments has nevertheless made it possible to:
•
Comprehensive care for patients suffering from ocular pathologies, from the initial examination to
the performance of surgical procedures, with the provision of the necessary means of transport and
accommodation.
•
The care of people with disabilities, war victims, mines and traffic accidents is provided by the
Centre for Functional Rehabilitation and Orthopaedics, through physiotherapy, specialised
consultations and the fitting of prostheses
4. Mental Health
Despite the worrying shortage of mental health and psychiatric specialists, the difficulties in accessing
psychotropic medications, as well as the inadequacy of the site of the Centre for Psychiatric Illnesses and
its distance from hospitals, the Mental Health Program nevertheless makes it possible to:
•
Case follow-up.
•
Screening for psychological disorders in schools.
•
Training for mental health staff.
•
Coverage provided in regional hospitals and specialized centers.
35
•
Awareness and ongoing psychological support.
5. Chronic Diseases
Given the lack of an exhaustive system for the management of the various chronic diseases and the
limitation of the department's work to the most widespread ailments, such as diabetes and high blood
pressure, the following is carried out:
•
Follow-up and classification of cases (diabetes, hypertension, etc.).
•
Regular supply of medicines.
•
Awareness of chronic disease management.
•
Immediate reporting in the event of a supply disruption.
Communication and health awareness
•
Weekly health awareness sessions with doctors, specialists and officials, broadcast by the official
media.
•
Implementation of health programmes in the field of community health at regional and local levels.
•
Regular transmission of health activities and news to the official media.
•
Continuous publication of health activities on the official website of the Ministry of Public Health
and on its social media accounts.
•
Permanent coordination with mass organizations and components of civil society with a view to
their involvement in awareness-raising and information programs.
•
Periodic organization of global awareness campaigns on various health themes.
•
Work according to the joint plan with the Ministry of Information.
•
Organization of training in the field of communication in order to ensure the dissemination and
transmission of the health message.
•
Coordination with relevant national bodies and institutions on the various awareness-raising themes
Health statistics and indicators
The health information system collects and analyzes data from health services, making it possible to
produce reliable indicators for decision-making and strategy development.
Achievements:
•
Implementation of the DHIS2 server in regional hospitals, improving data collection and analysis.
•
Strengthening surveillance of notifiable diseases.
•
Ongoing training of staff for screening and reporting.
•
Field studies on the quality of care in refugee camps.
36
•
Active participation in African Union workshops.
•
Continued digitization of the health information system.
•
Improved data reliability and availability.
Indicators of medical consultations 2019-2024
Year
2019 2020 2021 2022
2023
2024
UNHCR
Ref.
Annual rate of consultations per person
1
1,5
1
1–4
1
1
1
Consultations per person carried out by
medical staff (general practitioner or 48 % 46 % 49 % 56,5 % 40,3 % 48,4 % —
specialist)
Consultations per person by nurses (nurses or
52 % 54 % 51 % 43,6 % 59,7 % 51,6 % —
midwives)
Reproductive Health Indicators (2024-2019)
Indicator
2019
2020 2021 2022
Births attended by skilled personnel (% of
87,2 % 92 % 94 % 96 %
deliveries)
Deliveries in health centres (% of deliveries)
83 %
2023
2024
UNHCR
Ref.
96,35 % 95 % 100 %
89 % 94 % 94,18 % 94,18 % 95 % 100 %
Maternal mortality ratio (per 100,000 live births) 250
201
132
110
79
60
<70 as a goal
Caesarean sections (% of deliveries)
9%
10 % 11 % 14,91 % 10,79 % 15 % 10–15 %
Low birth weight (<2,500 g)
12 %
5 % 7,4 % 4,83 % 4,83 % 4 % <15 %
Early prenatal follow-up (before 12 weeks)
19 %
21 % 31 % 33,84 % 33,84 % 35 % 100 %
Prenatal follow-up (at least 4 visits)
42 %
30 % 78 % 70,13 % 70,13 % 75 % 100 %
Indicators of malnutrition and anaemia in pregnant women (2019-2024)
Indicator – % of women in the Program
2019 2020 2021
2022
2023
2024
Malnutrition in pregnant women (% BP< 23 cm) 17 % 34 % 43,4 % 29 %
30,3 % 41 %
Total anaemia in pregnant women (%)
77 % 78 % 89,2 % 71 %
73,9 % 79 %
Severe anaemia in pregnant women (%)
14 % 18 % 14,4 % 13,35 % 12,19 % 16 %
Indicators of malnutrition and anaemia in children (20192024)
Indicator – % of children under 5 years of age
2019
Moderate acute malnutrition (% children < 5 years) 6 %
Severe acute malnutrition (% children < 5 years)
37
2020
2021 2022
2023
2024
6,8 % 9,9 % 9,2 % 5,83 % 11,92 %
0,36 % 2,9 % 0,5 % 0,3 % 0,6 % 1,04 %
Indicator – % of children under 5 years of age
2019
2020
2021 2022
2023
2024
Anaemia in children (% children < 5 years)
46,4 % 48,6 % 54 % 55,1 % 54,9 % 57 %
Infant mortality rate
Year
Infant mortality rate (per 1000)
1990
57,8 ‰
2000
36,9 ‰
2005
37,5 ‰
2010
34,7 ‰
2015
32,5 ‰
2016
30,4 ‰
2017
30,4 ‰
2018
26,9 ‰
2019
26,2 ‰
2020
25,5 ‰
2021
24,8 ‰
2022
23,7 ‰
2023
23,1 ‰
2024
22,1 ‰
The table on infant mortality shows that the Sahrawi Arab Democratic Republic has succeeded in reducing
severe forms of diseases and their complications on children's health, in particular deaths related to these
diseases. This has required the implementation of extensive immunization programmes to eradicate polio,
measles, diphtheria and neonatal tetanus. The immunization coverage rate for all vaccines has reached 88
per cent, with 98 per cent for BCG, 96 per cent for DTCP, 92 per cent for measles vaccine and 82 per cent
for hepatitis B vaccination, introduced like other vaccines in 2003.
Trends in maternal mortality (MMR) – per 100,000 live births
With regard to maternal health, it is possible to see an acceleration of the estimated progress in the area of
perinatal health, in particular the programme planned for the year 2024 and its expected results, which are
expected to reduce perinatal mortality by 30% and maternal mortality by 50%.
In 2023, the maternal mortality ratio was estimated at 76.9 per 100,000 (with an annual decrease rate of
5.5%), compared to 230 per 100,000 in 1995 and 117 per 100,000 in 2015. Considerable efforts have
been made in the area of coverage in gynaecology and obstetrics and paediatrics (with an increase of three
specialist doctors per year since 2017), accompanied by a more balanced distribution. The goal is to achieve
a maternal mortality ratio of no more than 18 deaths per 100,000 by 2025, which requires improving the
quality of obstetric care and expanding infrastructure coverage.
38
This has led to the implementation of particularly notable projects, including the development of specialized
programmes for mothers and the recruitment of obstetrician-gynaecologists in accordance with the human
resources management plan, which has led to a significant improvement in women's health coverage in
terms of antenatal care. This is reflected in the rate of antenatal consultations, which reached 90.2%, the
vaccination coverage of women against tetanus, and especially the rate of assisted deliveries, which reached
97.9% in 2023.
With regard to mental health and service to citizens, and in accordance with international recommendations,
including those of the World Health Organization, the Sahrawi Arab Democratic Republic began in 1995
to establish intermediate mental health centres as part of essential services in order to improve access to
intermediate-level mental health care. Currently, six regional treatment offices and a national drug control
centre are operational.
Social protection and solidarity system
1. Coverage and social insurance
•
Inclusiveness: covers all social categories (civil servants,self-employed, students, people with
special needs, trainees, beneficiariesof social safety nets).
•
Coverage rate: 97% of the population (including ascendants, descendants, spouses and
beneficiaries).
•
Guaranteed access to care for people not covered by health insurance.
2. The main areas of social insurance
They cover 5 essential risks:
1. Sickness: comprehensive coverage for all citizens.
2. Maternity: 100% full coverage and daily cash allowance equivalent to 100% of the daily wage.
3. Disability: financial support for people with permanent or temporary disabilities.
4. Death: pensions for survivors (spouse, orphans, ascendants).
5. Unemployment: support benefits for people who are unable to work.
3. Pension system
•
Ensures a fair income for retirees and their families.
4. Additional Benefits
•
Coverage for occupational diseases and accidents.
•
Extended protection for vulnerable groups (people with special needs, interns, etc.).
ConclusionThe Saharawi social protection system is one of the most comprehensive in the region:
✔ Coverage of 97% of the population.
39
✔ Protection against the main social risks (sickness, maternity, invalidity,death, unemployment).
✔ Guarantee of a fair retirement.
✔ Enhanced support for vulnerable groups.
This system illustrates the State's commitment to ensuring social protection for all, despite economic and
political challenges.
Article 17: The right to education and the right to participate in the cultural life of society
The Sahrawi Arab Republic has enshrined the right to education through the basic texts adopted, which
guarantee free care for all children in the exercise of this right. Article 36 of the Constitution stipulates:
"The State shall organize compulsory and free education and the education system as a whole, in
accordance with the laws and regulations in force." Article 53 states that "the right to education is
guaranteed. Education shall be free under the conditions laid down by law," and primary education shall
be declared compulsory.
This vital sector of national life has undergone a new dynamic following the adoption of amendments to
the Law on School Legislation in 2005, which introduced a set of reforms aimed at promoting the
functioning of the education and pedagogical system in order to meet the objectives of the educational
policy of the Saharawi State, based on:
-
The continued implementation of the national strategy for compulsory and free education at all
levels, by creating favourable conditions to ensure the schooling of all children of school age, both
inside and outside the country, and by facilitating school supervision. The government is pursuing
its policy of ensuring education at all levels (as mentioned in the initial report of the Sahrawi
Republic at the 33rd session of the ACHPR).
-
The Government of the Saharawi Republic pays particular attention to the education sector, which
is considered a priority, particularly in the preparation of the national budget, 20 per cent of which
is devoted to education. In addition, the laws on national education policy reinforce this orientation,
particularly in the area of vocational training and the comprehensive reform of the education sector,
which affirms the compulsory nature of education for all girls and boys. The Sahrawi Arab Republic
considers that the ability of every citizen to obtain a recognized professional qualification is a
permanent national objective. The State guarantees equal opportunities in access to public education
services.
In principle, failure by parents or legal guardians to comply with this obligation leads to criminal
sanctions against them, thus constituting a means of ensuring universal education. It should be noted that
arrangements have been made to ensure the care of children with special needs, in cooperation with the
sectors concerned.
The reform of the education system has resulted in important pedagogical innovations, including the
introduction of new curricula and textbooks based on the competency-based approach. It has also integrated
new educational dimensions, such as citizenship education, the promotion of a culture of human rights and
awareness of environmental protection.
All these measures are essentially aimed at instilling in students values and behaviours such as
understanding, tolerance, respect for others and the preserved environment. They also aim to teach life
40
skills and modern scientific and technical knowledge, including information and communication
technologies.
A considerable effort has been made to support education, in particular through the free distribution of
textbooks to all pupils, and the guarantee of free school feeding for all enrolled. In addition, primary school
students do not need school transport due to the proximity of the schools, while transport is provided for
middle and secondary school students, as well as for students studying at universities abroad.
In addition to these efforts, in addition to school health coverage, the Saharawi State ensures that every
student enrolled in disadvantaged and rural areas, as well as disabled and orphaned children, receives
additional support. In addition, a national literacy strategy has been put in place to eradicate illiteracy, a
goal achieved since 2016.
With regard to the continuation of efforts in the area of the right to education, the Saharawi Republic, after
half a century of work, has managed to meet the growing demand for enrolment, as evidenced by the
continuous increase in the number of pupils at all levels since 1976, the year in which compulsory and free
education was introduced. It has thus been able to guarantee access to the primary, middle, secondary and
university cycles for all children. The school enrolment rate for six-year-olds has increased from 93.55%
in 1986 to 99.21% in 2024.
This development reflects the efforts made by the Saharawi State through a vast infrastructure development
programme and the increased recruitment of qualified personnel, which has made it possible to improve the
quality of the educational service, to increase the ratio of pupils and to considerably reduce the drop-out
rate in the compulsory cycle.
In parallel with this government strategy, significant efforts have also been made within the framework of
bilateral and multilateral cooperation. Thus, a legal arsenal has been put in place to establish a solid basis
for the technical committees responsible for preparing the working platforms for the implementation of the
programmes developed jointly with the countries of the continent, in particular the joint programmes with
Algeria and South Africa within the framework of the African Union, as well as with Cuba and Venezuela
at the bilateral level. This illustrates the strength and importance of cooperation among the states of the
continent and with other countries. This cooperation in the school curriculum has led to significant progress,
reflected in the results achieved by the national education system and in the achievement of the Millennium
Development Goals.
In the field of vocational training, several measures have been introduced to ensure better care for this
educational sector. In accordance with the recommendations of the national education and training reform
system, a new structure of the post-compulsory cycle has been put in place around three sectors:
-
General and technical secondary education;
-
Vocational education;
-
Vocational training.
The new guidance system for these three sectors aims to support pupils in their educational choices and
decisions, through the establishment of an information and guidance system based on the following
measures:
-
Creation, in each vocational training establishment, of a reception, information and guidance office
under the supervision of a guidance counsellor;
41
-
Development of information and communication support tools and systems;
-
Consultation with the various sectors related to youth, in particular the national education sector.
Thus, information and communication play a crucial role, allowing potential candidates to make informed
decisions and choose between the different programs offered. In addition, the State has set up a dual
vocational training programme. This mode of teaching has many advantages, such as reducing costs for the
State and better adapting to the needs of partnerships, while guaranteeing a professional environment.
The conclusions of studies on the future of diplomas of this type have shown that alternance vocational
training offers better employment prospects, because of the reciprocal knowledge of the candidate's level
of qualification and the professional environment to which he or she is oriented. In other words, there is a
training programme for certain categories of citizens whose care is one of the sovereign missions of the
Saharawi education system.
In addition, education and training programmes have been designed for young people who have not reached
the required level of education, in order to improve their skills. At the end of the training, these young
people are integrated into specialized fields according to the results obtained. If they pass the exams, they
are awarded diplomas in the same way as other trainees.
Regarding people with disabilities, in addition to their reception in vocational training institutions, the
Sahrawi Republic has five specialized regional centers.
In order to strengthen the protection of young people exposed to moral threats or persons placed in
rehabilitation centres, the authorities have initiated vocational training programmes in these centres, as well
as in reception facilities and guidance and education services in an open environment.
It should also be stressed that lifelong learning, designed for workers, remains one of the pillars of
vocational training. The development and strengthening of human resources is an essential task of the public
authorities, including the establishment of relations with partners in the main sectors of activity, in order to
consolidate the education system, ensure the participation of economic actors and promote training
programmes adapted to demand and promoting social integration.
Participation of every citizen in cultural life
A legislative and regulatory framework has been established with the following objectives:
-
To combat regional disparities in terms of access to cultural practices;
-
Introduce an incentive policy for cultural activities, by granting subsidies to men and women
working in the creative industry, without any discrimination.
Cultural development
In the area of cultural development, a plan has been adopted to preserve the national identity, which is the
bearer of patriotic and ethical values that constitute a bulwark against negative external influences. To this
end, the Ministry of Culture has mobilized human and financial resources to strengthen and implement
cultural programs for society, proposed by cultural associations. These programmes cover all cultural,
scientific and artistic disciplines.
Actions taken include:
-
The development of a cultural plan for the safeguarding of national identity;
42
-
The animation of cultural structures and cooperation with communities and research centres
specialising in oral heritage at the international level, as well as the continuation of various
publications;
-
The maintenance of cultural festivals and programmes, which are essential for the preservation of
the foundations of the Saharawi identity and the creation of spaces for intergenerational dialogue,
while strengthening international solidarity with the Saharawi people;
-
The attention paid to the actors of the cultural sector in all its components, considered as bearers of
a sacred mission and defenders of it, as well as the enhancement of national skills in the fields of
theatre, cinema and visual arts.
Activities and cultural development
In accordance with the executive directives of the Saharawi Ministry of Culture, the conditions and
modalities for the organization of cultural festivals have been defined. The Ministry has thus instituted
international, national and local festivals distributed as follows:
-
27 local cultural festivals.
These activities aim to establish a real national cultural policy at the service of citizens, covering the entire
territory through the generalization of cultural practice. They encompass all disciplines and allow artists to
produce regularly, while promoting the emergence of young talent. This initiative has had a concrete impact
on all artistic disciplines, regardless of region or language, as evidenced by:
•
Cinema: annual international festival "Fi Sahara".
•
Theatre: festival bringing together professionals, experimenters and amateurs;
•
Arts: annual international festival;
•
Music: traditional and popular festivals held in conjunction with national events;
•
Poetry: 7 festivals.
•
Visual arts: 3 festivals.
•
Visual arts: 2 festivals.
Youth, Sport and Citizenship
With regard to sports and recreational activities for young people, the Saharawi Republic is working to
complete and perfect its social project, which guarantees a dignified and decent life for its citizens. In
particular, it is a question of ensuring the full participation of young people in the efforts and fruits of
development, as well as their involvement in the decision-making process at all levels. This is achieved by
providing the necessary resources, opportunities and support to enable them to take part in decisions on
issues that affect and affect them, on the one hand, and to involve them in the implementation, monitoring
and evaluation of youth policies on the other.
In this context, a national youth policy was adopted at the Council of Ministers in May 2008. It is based on
mechanisms and programmes to promote the interests of young people in all areas of activity, in order to
direct their energies in a constructive manner. This approach paves the way for young people's personal
development, ensures their empowerment and prepares them for professional life.
43
The proactive policy of the Saharawi youth draws its foundations, orientations and means of
implementation from the government. It is expressed through a short-, medium- and long-term government
action plan for the execution, monitoring and evaluation of the interministerial policy in favour of youth,
including various sectoral plans. The objective is to guarantee equal opportunities for all categories of
young people throughout the national territory.
Six strategic objectives have been defined:
•
To ensure the education, training and work-study programmes of young people;
•
Promote the employment and professional integration of young people;
•
Promote the integration of young people into the social environment;
•
Strengthen the fight against social scourges and abuses;
•
Ensure the synchronization and coordination of sectoral activities;
•
To ensure effective care and to meet the needs and expectations of young people.
The Saharawi government is implementing policies aimed at, inter alia:
•
Fight against youth unemployment and idleness, in particular by strengthening the network of
institutions dedicated to youth. ;
•
Combat all forms of anti-social behaviour;
•
Promote knowledge exchange programmes among young people;
•
Modernise and make youth institutions attractive;
•
Encourage women's activities in structures dedicated to youth;
•
Contribute to the fight against drug addiction;
•
Strengthen partnerships with youth associations and movements;
•
To develop information and communication among young people;
•
To promote the social and educational development of young people.
Sports sector
Priority actions include:
•
Improving the governance of the sport system;
•
Reforming financing and control;
•
Develop the network of sports infrastructure, both at national and local level;
•
To develop human resources;
•
Promote sports medicine and research in sports science and technology;
•
Strengthen the principle of sport for all;
•
To develop physical education and school sport;
44
•
Promoting sports ethics and combating violence in sport.
The Sahrawi Republic has youth and sports infrastructures equipped with all operational amenities,
distributed equitably throughout the territory. Measures have been taken to facilitate access to this
equipment, including:
•
Free recreational activities open to young people;
•
Generalization of the practice of sport, including for women and people with disabilities;
•
Generalization of sports practice in schools;
•
Free access to the Internet and information and communication technologies;
•
Promotion and development of tourism for young people.
Social Development and Citizenship
Many youth activities are organized every year in various areas of development and creativity, through
exchanges and discoveries in all regions. In order to strengthen civic spirit, young people also participate
in national and international commemoration programmes.
It should be recalled that, since the recommendations of the Conference of African Ministers of Youth held
at the African Union Summit in Addis Ababa in 2006, establishing 1 November as African Youth Day, the
Sahrawi Republic has been celebrating this day by organizing various activities. These initiatives provide
a platform for young Saharawis to discuss the issues of African youth, strengthen their participation in
continental affairs and promote African identity and unity of destiny.
African Youth Consultations on Agenda 2063
With regard to the issue of consultation with African youth on Agenda 2063, and the reflection undertaken
by the Heads of State of the African Union during the commemoration of the fiftieth anniversary of the
Union to prepare Africa for the next fifty years, the Sahrawi Republic has organized consultations with civil
society bodies, including representatives from several sectors, under the theme: "Youth united in action for
Agenda 2063".
These consultations were structured around several workshops on the following themes:
•
Resource mobilization and human capacity development, with a particular focus on health,
education, science, research, technology and innovation, as well as women, youth and persons with
disabilities;
•
Economic development through improved agricultural infrastructure, land reforms, trade and
investment;
•
Peace, stability and good governance;
•
Integration of women, youth and people with disabilities in all activities.
Article 18: The right of the family, women, the elderly and persons with disabilities to special
protection measures
The protection of the family is constitutional in nature and receives special attention in the general policy
of the Saharawi Republic, through programmes aimed at it, such as education, health and awareness-raising
campaigns for the prevention of diseases and social ills.
45
Considering the family as the bedrock of society, the Saharawi legislator enshrined it in the preamble to the
Constitution, recalling that the Saharawi people are determined to build democratic institutions
guaranteeing political, economic, social and cultural rights and freedoms, as well as rights related to the
family, an essential pillar of society.
The provisions of article 39 of the Constitution give this institution special importance, requiring the State
to protect mothers, children, the elderly and the disabled through the establishment of appropriate
institutions and the adoption of appropriate laws. Article 40 adds : "The State guarantees to the fathers,
mothers, widows of martyrs, their minor children, the wounded, the detainees of the enemy, the disappeared
and the victims of the war of liberation, material and moral rights defined by law."
In this context, the Saharawi Government is working to create institutions, structures and programmes for
the family, such as education, training, health care and programmes specific to children and maternity.
The Secretariat of State for Social Welfare and the Advancement of Women, established for this purpose,
takes care of these categories, as well as persons with mental disabilities, through the establishment of
specialized centres at the regional level.
The Saharawi family is also undergoing a demographic transition, with a population composed of 47.5%
men and 52.5% women; 27% are under 15 years old; more than 60% are between the ages of 15 and 59;
and 12.6% represent the 60 and over age group.
Measures taken in favour of the family
The proactive national policy, aimed at ensuring the stability of the family and strengthening the rights of
its members, has led to the establishment of major programmes, including:
-
The Government Programme (2020-2025), dedicating about 40% of its resources to improving
the living conditions of citizens, developing basic infrastructure and improving the performance of
public institutions;
-
The allocation of about 17 per cent of the State's overall resources to social development;
-
The increase in the minimum wage ("allowances");
-
Social security coverage directly or indirectly benefiting 98% of the population.
At the institutional level, a Ministry of Social Affairs and the Advancement of Women has been established,
in parallel with the strengthening of the relevant legal framework, including the Family Code.
The effects of these efforts include:
•
An improvement in life expectancy at birth: 76.7 years (76 years for men and 77.3 years for women);
•
An increase in the national rate of access by families to public services in 2024: electricity 89%,
natural gas 94.6%, drinking water 97%, sanitation 91%, mobile telephony 98.68%;
•
A decrease in the infant mortality rate (22.1 per 1,000 in 2024);
•
An increase in the rate of health coverage thanks to vaccination campaigns (more than 95% for
diphtheria, pertussis, tetanus, poliomyelitis, and 99% for tuberculosis);
•
A reduction in the maternal mortality ratio (76.9 per 100,000 live births in 2023).
46
The National Strategy for the Family
The National Constitution affirms that "the family enjoys the protection of the State and society". This
policy has contributed to the creation of an enabling environment at the social, cultural, economic and
political levels, contributing to the achievement of the Millennium Development Goals.
In order to channel this dynamic towards an integrated vision of the family unit, the government has adopted
a national family strategy, taking into account the new challenges and needs of the Saharawi family,
influenced by national and international changes.
This vision is based on national spiritual values and the civilization of the nation, and draws its references
from the regional and international commitments of the Saharawi Republic, in particular the Plan of Action
for the African Family (African Union – Cotonou – July 2004).
The expected results of this strategy are:
•
Define the prospects of the Saharawi family by 2025;
•
To deepen the reflection on the orientations and specificities of relationships and behaviors within
the family;
•
Identify constraints that may limit the effectiveness of family contribution to development;
•
Identify the areas of intervention of all partners involved in the framework of the national strategy
for the family.
Areas of the National Family Strategy include:
•
The protection and strengthening of family ties and their roles;
•
The promotion of the values of solidarity and the mobilization of actors;
•
Strengthening rights and services for people with disabilities;
•
Improving families' access to information and communication technologies.
The implementation of the national family strategy is carried out jointly by the various sectors of activity,
national institutions and civil society. Roles and responsibilities are divided according to the missions
entrusted to each actor, and an evaluation report is presented annually to the government.
Women and children are given special attention and equal treatment at all levels. Thus, in order to
strengthen the presence of women in the political sphere, an organic law had been adopted to broaden their
participation in elected councils, establishing for the first time a system of minimum quotas in most elective
bodies.
In the same spirit, a national strategy for the integration and advancement of women has been put in place,
focusing on improving women's rights in all areas (rights, education and vocational training, health,
economy, culture, information and communication technologies, the media, the environment, decisionmaking, and women in difficult situations). The strategy is a national priority and integrates the gender
perspective into its action plans, in line with the ten areas of the African Women's Decade.
47
The public authorities have launched the national implementation of the African Women's Decade 20102020, adopted at the 15th Ordinary Summit of Heads of State and Government of the African Union, held
in July 2010 in Kampala, Uganda.
The Saharawi Republic also guarantees the implementation of the National Plan of Action for Children
(2008-2015), with the participation of representatives of national institutions, non-governmental
organizations, as well as children and adolescents, boys and girls, including those with disabilities.
The national action strategy is part of a government plan inspired by national multidisciplinary and multistakeholder programmes, as well as regional and international commitments. It is based primarily on the
African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child. It is
supported by a communication plan aimed at raising awareness and supporting actors working to promote
and protect the rights of children, families, as well as education and health professionals.
Measures taken in the context of the reforms of the Family Code
As part of the implementation of judicial reforms, the Sahrawi Republic has introduced substantial reforms
concerning marriage, divorce and their effects (custody rights, marital housing, alimony), as well as
guardianship rules.
The key elements of these reforms are as follows:
1. In matters of law
Marriage, according to the Family Code, is considered a consensual contract requiring the agreement of
both spouses. Therefore, no "forced marriage" can be allowed. The legal age of marriage is set at eighteen
(18) years for the future spouses, who have complete freedom to insert in the marriage certificate the clauses
they deem necessary.
In the case of polygamy, the first wife may refuse to accept it. In addition, it is mandatory to inform both
the first wife and the future second wife (i.e., the husband must obtain their consent for the second
marriage). The husband must also seek and obtain the authorization of the personal status judge in order to
contract a second marriage. The judge must verify whether the reasons invoked justify the marriage and
whether the husband is able to ensure fairness and guarantee the conditions necessary for the married life
of both wives.
Any procedure relating to divorce must necessarily give rise to compensation. Failure to comply with the
contract inevitably leads to criminal prosecution, especially against the defaulting husband. The case law
of the criminal courts of the Sahrawi Republic is particularly rigorous in this regard.
As far as custody rights are concerned, it is in accordance with the principle of the best interests of the child.
Thus, the father plays a secondary role in relation to the mother in the allocation of custody. In a large
number of cases, the Sahrawi courts award custody of the children to the mother. According to the new
provisions, a working mother cannot be deprived of her custody rights.
As for guardianship, the mother can:
•
To substitute or substitute for the father, in case of emergency, to carry out certain acts of civil life
(administrative procedures, schooling of children) in the event of the latter's absence;
•
In the event of divorce, exercise the right of guardianship over the children in her custody.
48
Measures taken to strengthen women's political rights
Following the 1995 revision, Article 42 of the Constitution, amended in 2023, stipulates that the State "shall
work for the advancement of women and guarantee their political, economic, social, cultural and other
participation in the construction of society and the development of the country". This provision aims to
increase women's access to representation on elected councils.
The introduction of this article into the Constitution is part of the general strategy to consolidate good
governance, strengthen democratic principles and ensure equal opportunities among citizens.
The implementation of this provision has led to the drafting and adoption of laws setting out the modalities
for increasing the representation of women in elected councils. In practice, this has resulted in an increased
openness of political participation to women, who have become involved in electoral competition in large
numbers.
Following the last legislative elections held in April 2023, 21 women were elected as deputies to the
National People's Council (Parliament), out of a total of 51 members. With this result, Saharawi women
achieve a representation rate of 42%, placing them at the top of the Arab and African contexts in terms of
women's parliamentary representation.
In addition, as part of the fight against digital illiteracy, the Saharawi Government has taken measures to
facilitate women's access to information and communication technologies, in particular through collective
training that has enabled 8,810 rural women to acquire skills in the use of ICTs.
Article 19: Right of peoples to equality
The Saharawi Republic supports equal treatment among States, in accordance with the provisions of the
Charter of the United Nations and the Constitutive Act of the African Union, which enshrine the sovereign
equality of all nations. No reason can justify the attack on the honour and dignity of peoples, nor their
denigration or oppression.
Article 20: Right of peoples to self-determination
The Saharawi Republic fully adheres to the efforts of the international community to protect and defend the
inalienable right of all peoples, without exception, to self-determination and full sovereignty over their
national territory and natural resources, as enshrined in the Charter of the United Nations, the two
International Covenants on Human Rights, the Constitutive Act of the African Union, the African Charter
on Human and Peoples' Rights, as well as other relevant international legal instruments and mechanisms.
The Republic's commitment to supporting the peoples under occupation in their quest for freedom stems
from the unique experience of its people, who continue to suffer the horrors of colonialism and
neocolonialism.
Since its proclamation in 1976, the Saharawi Republic has been dedicated to supporting international efforts
to end colonialism, occupation and all forms of racial segregation, which are synonymous with the
deprivation of human rights, cultural alienation and human exploitation.
The Republic has consistently advocated for the effective implementation of United Nations General
Assembly Resolution 1514, adopted on 14 December 1960. The effective implementation of that resolution
would make it possible to eradicate colonialism, which is considered an indelible stain on human history,
and to offer the peoples still under occupation the opportunity to determine their destiny freely, without
military or political pressure or foreign interference.
49
Saharawi diplomacy is based on the values and principles set out in the Constitutive Act of the African
Union and the Charter of the United Nations, based on:
•
The consolidation of international peace and security and the contribution to the economic and
social development of the peoples of the world;
•
Respect for existing borders;
•
Respect for the sovereignty of States and good neighbourliness;
•
Friendship and cooperation among nations and peoples;
•
Support for just causes around the world;
•
The prohibition of the use of force or threats between States.
Article 21: Right of peoples to freely dispose of their natural wealth and resources
The Saharawi Republic strongly reaffirms its commitment to the principle of non-interference in the internal
affairs of States and to respect for their national sovereignty, which is one of the pillars of its foreign policy.
It considers that every State and every people has the right to freely exploit and manage its natural resources,
in accordance with the relevant rules of international law.
Each State has the right to exercise full sovereignty over the territories under its jurisdiction, whether it be
the soil, the subsoil, the airspace, the territorial waters or the continental shelf.
In this context, the Saharawi authorities have filed several complaints against international parties
knowingly involved in the plundering of natural resources, including before the South African courts and
the Court of Justice of the European Union, which have issued historic decisions mentioned earlier in this
report.
In addition, the African Court on Human and Peoples' Rights issued a historic and unprecedented judgment
on 22 September 2022 condemning the Moroccan occupation of Western Sahara, describing it as a serious
violation of the right to self-determination enshrined in Article 20 of the African Charter on Human and
Peoples' Rights. The Court affirmed that this right constitutes a peremptory norm of international law, and
that all Member States of the African Union, individually and collectively, have a responsibility to protect
the right of the Saharawi people to self-determination, supporting their struggle for freedom and avoiding
any action that might recognize the legitimacy of the occupation or impede the exercise of this right.
The African Court has clarified that Morocco's accession to the African Union does not confer any
legitimacy on its occupation of Western Sahara or the violations resulting from it, thus strengthening the
legal steps of the Saharawi Republic against the exploitation of its natural resources and consolidating its
cause in favour of decolonization.
These provisions reaffirm the commitment of the international community to respect the rights of the
Saharan people to self-determination and the free disposal of their natural resources. They are an important
step towards the protection of these rights and the prevention of their illegal exploitation.
Article 22: Right of peoples to economic, social and cultural development
50
The new development plan, which involves a concrete commitment from all sectors, focuses on structuring
projects and areas related to services. Its main objective is to reduce dependence on humanitarian aid.
In the field of employment, the Saharawi Republic is working to ensure the effective integration of young
people into the labour market. Several measures have been put in place to create employment opportunities
and absorb young people, taking into account both young graduates and those without qualifications.
Article 23: Right of peoples to international peace and security
Saharawi diplomacy is based on the principle of "promotion of international cooperation and development
of friendly relations between States, based on equality, mutual interest and non-interference in internal
affairs". It constantly works for peace, the resolution of crises, the peaceful settlement of disputes and the
consolidation of the values of peace and national reconciliation.
At the regional level, the Saharawi Republic has consistently supported the efforts of the African Union to
resolve regional conflicts, to conduct mediation and good offices missions, and to establish a stable climate
conducive to good-neighbourliness, which are essential elements for the success of the continent's
development efforts.
As part of its diplomatic action, the Republic is part of the international effort to combat terrorism, which
is considered to be a negation of international peace and security. It supports and supports all initiatives
taken at the international and continental levels. In this regard, the Saharawi State ratified the Additional
Protocol to the African Union Convention on the Prevention and Combating of Terrorism on 10 May 2006.
Article 24: Right of peoples to a healthy environment
Environmental issues and their repercussions on public life and citizens have become increasingly
important, becoming an unavoidable concern for public authorities. Numerous regulatory and legislative
provisions have been planned and implemented in order to organize the relations between the various social
actors and the environment.
Although environmental information, awareness-raising, education and training actions are essential, they
remain insufficient to fully address the many aspects of the ecological problem and to resolve the difficulties
encountered by operators in the economic, institutional and social fields.
Environmental management for sustainability
The Saharawi Republic has paid special attention to the preservation of the environment by establishing a
Secretariat of State for Water and the Environment in 2007. The latter is mandated to establish the
appropriate conditions and legislation for the protection of the environment, the safeguarding of its
components, the prevention of its degradation and pollution, and to guarantee a framework free of
nuisances, both inside and outside urban areas.
These efforts are aimed at implementing a national policy for environmental protection within the
framework of sustainable development. This defines the fundamental principles and rules of environmental
management: protection, restructuring, rational exploitation of natural resources, restoration of degraded
environments, prevention and fight against all forms of pollution or nuisance; improvement of living
conditions and quality of life; Valuation of available natural resources.
51
Environmental management is based on the organization of an information system, the definition of
environmental standards, planning, the assessment of the impacts of development projects, as well as on
the intervention of individuals and associations in environmental protection and the establishment of
specific legal regimes. The legislation provides for provisions for the protection of biodiversity, the air and
atmosphere, the waters and marine sites of the Saharaw, as well as for the fight against nuisances
(chemicals, noise pollution).
In this context, the competent ministry has initiated cooperation with several foreign partners, particularly
Spanish, in order to:
-
Define a general policy for the protection of the environment and develop a national strategy for its
implementation;
-
To establish norms and standards relating to the elements of the environment and the modalities of
their protection, while raising awareness among citizens of the importance of their preservation;
-
Establish procedures for the management of substances that are harmful and hazardous to the
environment, as well as guidelines for their disposal, storage, transport or destruction, identifying
those whose handling is prohibited because it poses a threat to ecological safety.
Thus, the policy of "environmental protection in the context of sustainable development" mainly aims to:
•
To promote sustainable national development by improving living conditions and ensuring a healthy
environment;
•
Strengthen information, increase awareness and encourage public and stakeholder participation in
environmental protection measures.
An innovative project has been launched in cooperation with British and Saharawi researchers, consisting
of the installation of measuring stations to record temperatures, wind speeds and humidity. The project, the
first of its kind in Africa, combines modern data with traditional knowledge of natural phenomena to predict
future climate conditions. It is expected to extend to the liberated territories, with a view to the completion
of sovereignty over all the lands currently under Moroccan occupation.
Implementation of the national integrated household waste management programme
The National Integrated Household Waste Management Programme is the starting point and reference
framework for the new urban waste management policy. Its objective is to eradicate the uncontrolled
disposal of waste and to organise its collection, transport and treatment in conditions that guarantee a
healthy environment.
An integrated and progressive management of household waste has been developed, defining the main
orientations for the introduction of this system through:
•
The reorganization of the municipal administration in charge of waste management;
•
Strengthening the capacity of waste collection and transport agencies within municipal areas;
•
The introduction of suitable collection equipment.
The programme includes:
•
The location of collection sites and their regular transfer to areas more than 20 kilometres from
homes;
52
•
The development of approved landfill sites and controlled landfills, built in accordance with
environmental requirements (impact studies, risk assessments, etc.);
•
The implementation of waste recycling projects, with the support of highly qualified international
experts, in order to guarantee the compliance and quality of these projects with international
standards.
Urban Environment Management
The right of individuals to live in an urban environment conducive to their well-being and development is
recognized. The aim is to define the provisions for establishing the components of urban policy in the
context of spatial planning and sustainable development.
The general principles of urban policy include:
•
Local management, involving the search for mechanisms and procedures that allow citizens to
participate directly, or through their representatives, in the management of programmes and actions
concerning their living environment and in the evaluation of their impacts;
•
Human development, considering man as the main wealth and the purpose of any development
policy;
•
Sustainable development, through which urban policy contributes to growth that meets the needs of
the present without compromising those of future generations;
•
Good governance, which involves listening to citizens and acting in the general interest, within a
transparent framework;
•
Information, guaranteeing citizens continuous communication on the state, evolution and prospects
of their municipalities and districts;
•
Culture, making the city a space for creativity and cultural expression in accordance with national
values;
•
The preservation of the city's tangible and intangible heritage, which must be maintained, protected
and enhanced.
Article 25: Duty to raise awareness about the Charter
The dissemination of the culture of human and peoples' rights, as well as the principles contained in the
African Charter on Human and Peoples' Rights and other international and continental human rights
instruments, is of fundamental importance to Saharawi political actors and civil society organizations.
The meetings, symposia and study days organized by the various governmental and non-governmental
sectors are privileged opportunities to popularize documents relating to the culture of human and peoples'
rights and to make them known, in order to contribute to the edification of the Saharawi human being and
to equip him with legal and legal knowledge in accordance with the high principles of human rights. The
national media (print, radio, audiovisual and digital) play a key role in raising citizens' awareness of their
rights and duties, in accordance with national laws and relevant international conventions.
In the field of education, the Ministry of Education and Education is devoting considerable efforts to the
development of the necessary tools and educational programmes aimed at disseminating and generalizing
53
the principles of human rights, as well as the values of tolerance and solidarity in Saharawi schools. On the
occasion of World Human Rights Day, celebrated on 10 December, the Ministry of Social Welfare and the
Promotion of Women organizes annual media, awareness-raising and training activities focusing on
women's rights, in order to raise awareness of the role of women in political life among the national public.
to enshrine the principle of equality and to promote its active participation in decision-making and decisionmaking.
The National Union of Saharawi Women is pursuing the same objective through its Department of
Information, Culture and Guidance, which oversees the organization of numerous symposia on women,
their rights, their place and responsibilities in society, in cooperation with various foreign non-governmental
associations.
In collaboration with civil society actors, the National Union of Saharawi Women regularly organizes study
days and workshops, at the national and regional levels, to popularize the content of the Protocol to the
African Charter on Human and Peoples' Rights on the Rights of Women. This initiative follows the
participation of the Saharawi Republic in the regional consultation for North Africa on strategies for
accelerating the ratification of the African Union Protocol on the Rights of Women, held in Tunis from 2
to 5 April 2004.
The Saharawi Ministry of Foreign Affairs, as part of the State's commitments, has distributed numerous
copies of the African Charter on Human and Peoples' Rights, as well as the Protocol on the Rights of
Women, to various relevant ministries, training centres and associations, in order to contribute to national
awareness-raising.
The Ministry of Justice, for its part, organizes several training and qualification sessions aimed at the
dissemination of the culture of human rights, as part of its permanent annual programmes, for actors in the
judicial sector, including the judicial police and law enforcement agencies, in partnership with the Office
of the United Nations High Commissioner for Refugees.
At a semi-official and informal level, the Saharawi National Human Rights Commission plays a major role
in monitoring and promoting human rights at the national level, monitoring the human rights situation,
monitoring national institutions and bodies, and organizing awareness-raising and training activities
necessary to strengthen the culture of human rights. It regularly participates in all meetings and events that
allow this culture to be disseminated to the public, whether through direct events or media programs.
Finally, various civil society organizations are carrying out similar activities, including the Association of
Relatives of Saharawi Detainees and Disappeared Persons, which has been active in the field of human
rights since the late 1980s.
Article 26: Duty to guarantee the independence of the judiciary
The Sahrawi Republic is committed to creating conditions conducive to the promotion of the role of justice,
in order to achieve equity and bring it closer to the citizens, convinced that freedom and human dignity can
be guaranteed only in a society that preserves the sovereignty of the law and the equality of individuals
before it.
The judiciary in the Sahrawi Republic is independent and is exercised within the framework of the law, in
accordance with article 124 of the Constitution. The State protects the independence of the judiciary through
the provisions of article 135, which stipulates:
54
•
The State shall protect the judge against any form of pressure or interference likely to harm the
exercise of his mission and the integrity of his judgments;
•
It protects him against threats, insults, defamation and aggression of any kind, in the exercise of his
duties or on the occasion thereof;
•
In the event of damage suffered by the judge, whether material, physical or moral, the State
undertakes to compensate the resulting direct losses.
The Penal Code strengthens the independence of the judiciary by providing for sanctions against any person
or official, regardless of his or her position, who interferes with the powers of the judiciary or obstructs the
execution of judicial orders or judgments.
As part of the establishment of the rule of law, the Sahrawi judicial system has been undergoing a
continuous process of reforms since 2004, including the following:
•
The regular revision of Saharawi laws and their submission to Parliament for adoption;
•
The modernization of the functioning of the courts by updating their equipment and the introduction
of information technology to improve judicial administration and bring it closer to citizens;
•
Strengthening human resources through training and retraining, both at home and abroad;
•
Attention to rehabilitation institutions and centres for minors, so that they fulfil their educational
and reintegration role.
Article 27: Exercise of rights and freedoms with respect for the rights of others, collective security,
morals and the general interest
Rights and freedoms shall be exercised in accordance with the Constitution and the law. Under no
circumstances may their exercise infringe the rights of others, collective security, morality or the general
interest.
Various pieces of legislation, supported by regulations, provide a framework for the exercise of these rights
and freedoms, define their legal regime and set out the penalties applicable in the event of violation of the
rights of others or transgression of essential requirements related to collective security, morality and the
general interest. For example, this concerns fundamental laws (Civil Code, Family Code, Criminal Code,
etc.) as well as special laws.
For the citizen, the obligation to exercise and enjoy his rights and freedoms while respecting those of others
is enshrined in the Constitution. In this regard, the Sahrawi Republic, through its judiciary and security
organs, guarantees compliance with this obligation, thus ensuring the security of persons, property and
national society, as well as the exercise of public freedoms.
State intervention in this area is carried out in accordance with the Constitution and the relevant laws and
regulations, including the provisions of the Code of Criminal Procedure, under the supervision of the
prosecutors.
While ensuring that every citizen complies with this constitutional requirement, the State acts as a regulator,
protecting public rights and freedoms through the implementation of procedures and mechanisms
established by the legislator, in accordance with the provisions of the relevant laws, including international
conventions and treaties ratified by the Sahrawi Republic.
55
Articles 28 and 29: Other Individual Duties – Harmonious Development of the Family
The family, viewed from the point of view of its harmonious development, social cohesion and respect, has
received special attention from the legislator, the public authorities and civil society. The Saharawi
legislator has enshrined several legal provisions relating to the family, including certain fundamental rules
of the Civil Code (capacity, civil majority, etc.) and the Code of Civil and Administrative Procedure.
Civil society also shows a strong interest in issues related to the family, women and the rights of the child,
an area in which many national associations have been actively engaged. The protection of women and
children, as well as assistance to parents, are the pillars of the family policy of the Saharawi Republic.
Protection of women
Saharawi women have made significant progress since the proclamation of the Republic, particularly in the
areas of political participation, the economy, knowledge, medicine, education and justice. They are now
fully integrated into the political landscape and popular representation. Their protection is guaranteed by:
•
The National Constitution : it subjects women to the obligations of citizenship without any
discrimination and protects their rights by subjecting them to the same duties as men;
•
International instruments : the Saharawi Republic has ratified several instruments relating to
women's rights, including the Maputo Protocol;
•
National laws and regulations: Numerous legal and regulatory provisions enshrine women's
rights, in particular in the Family Code. In addition, the Sahrawi Republic enshrines equal pay for
men and women according to the principle: "Equal pay for equal work".
Child protection
The child enjoys enhanced protection in the Saharawi judicial system and in the Constitution, which
stipulates that "the law shall protect the rights of parents in relation to the education and protection of their
children". The principle of protection of the family and children is thus affirmed, with the recognition that
the exercise of everyone's freedoms must take into account the rights of others (Article 49). In the event of
failure by the parents, the protection of the children is the responsibility of the juvenile judge.
From the birth of the living and viable child, he or she becomes a subject of full rights, enjoying special
protection until he or she reaches the age of criminal responsibility first, and then that of civil liability set
by the Saharawi legislator at 18 years of age.
National Laws and Regulations
a. Civil Code : legal personality begins at the birth of a living child and ends at death. The child must
have a name, and the father's surname is passed on to his children.
b. Nationality Code : A child born to Saharawi parents is a Saharawi by operation of law under article
7. Saharawi nationality is acquired by birth on the national territory (right of soil). A child born in
the Sahrawi Republic of unknown parents is deemed to be a Sahrawi. However, if, while a minor is
a minor, his filiation with a foreign citizen is established and he holds the nationality of the latter
under his national legislation, he is considered to be non-Saharawi. In addition, any newborn found
on the territory of the Saharawi Republic is presumed to have been born there, unless proven
otherwise.
56
c. Family Code : Under article 75, the father must provide for his child, unless there is a total lack of
resources. For boys, the obligation lasts until they reach the age of majority; for girls, until marriage.
This obligation continues if the child is disabled or still in school. It stops as soon as the child is
able to provide for his or her needs.
Any person who is totally or partially incapacitated (minority, insanity, intellectual disability, prodigality)
is represented by a legal guardian appointed in accordance with the law. The law protects the child as long
as he or she has not reached the age of responsibility, rendering his or her acts null and void in civil law.
When he reaches the age of discernment, his actions are valid if they are beneficial to him, but null and
void if they are detrimental to him.
The father is the legal guardian of his minor children. Upon her death, guardianship automatically reverts
to the mother. In the event of divorce, the judge entrusts guardianship to the parent who has obtained
custody. The management of the minor's property is governed by legal provisions requiring the prior
authorisation of the judge for certain acts (sale, division or mortgage of immovable property, sale of
valuable movable property, investment of funds).
A minor under guardianship may not be forced into marriage; his consent is essential. Ascendants (father
and mother) are an integral part of the family unit as long as they live under the authority of the head of the
family. Alimony includes food, clothing, medical care, housing or rent, and other basic needs. Non-payment
exposes the debtor to the penalties provided for in the Criminal Code.
Child protection
Sahrawi legislation protects the child, whether he or she is a victim or perpetrator of a criminal offence, in
a comprehensive approach that respects the specificity of childhood.
•
As a victim : the Penal Code explicitly criminalizes any act that violates the physical or moral
integrity of the child, regardless of sex, and provides for severe penalties. Penalties are increased
when the victim is a child, and age is sometimes a constituent element of the offence or an
aggravating circumstance. The specialized courts deal with these cases with particular rigour.
•
As a perpetrator : the procedures applicable to minors are governed by the Code of Criminal
Procedure, including the specific rules on juvenile delinquency. These provisions are aimed at the
protection of children, with a focus on re-education and social reintegration rather than punitive
punishment.
d. Code of Criminal Procedure
The law sets the age of criminal discernment at more than 18 years of age, specifying that the age used to
determine criminal responsibility is that of the offender on the day of the commission of the offence. Article
444 establishes the principle that, in the case of crimes or misdemeanours, a minor under the age of 18 may
be subject to the following preventive or educational measures:
-
Surrender of the child to his or her parents, guardian or a trusted person;
-
Release under supervision;
-
Placement in a school or professional establishment, public or private, specialised;
-
Placement in a specialized medical or medico-educational institution;
57
-
Coverage by a public assistance organization.
PART FIVE
SERIOUS VIOLATIONS OF HUMAN AND PEOPLES' RIGHTS BY MOROCCO IN THE
OCCUPIED AND LIBERATED TERRITORIES OF THE SAHARAWI REPUBLIC
The Saharawi people have lived for more than 141 years under continuous colonial conditions, including
almost 50 years of Moroccan occupation covering about 80% of the territory of Western Sahara, while the
remaining 20% falls under the sovereignty of the Saharawi Republic. The occupied areas of Western Sahara
are among the most isolated regions in the world, according to many international organizations, with the
only international presence there being the United Nations Mission for the Referendum in Western Sahara
(MINURSO), whose mandate does not include monitoring or protecting human rights.
Despite declared international efforts, all efforts to resolve the conflict have failed, despite spending more
than $2 billion on a UN mission widely described as ineffective. Since the adoption of the joint settlement
plan between the Organization of African Unity and the United Nations, 16 United Nations special
representatives and 6 personal envoys of the Secretary-General have been appointed for Western Sahara.
The Security Council has adopted more than 78 resolutions on the region, and the General Assembly more
than 73, under the mandate of 7 successive Secretaries-General, without the Saharawi people having been
able to exercise their right to self-determination.
At the same time, the Moroccan occupying state imposed a strict media and legal blockade in the occupied
territories, prohibiting any independent press or the presence of international observers. Between 2014 and
2025, more than 300 journalists, human rights activists and international observers from 21 nationalities
were expelled, extending a similar policy applied to hundreds of others before (See Appendix).
In terms of human rights, approximately 4,500 cases of enforced disappearances and more than 30,000
arbitrary arrests have been documented, including 32 Saharan political prisoners still detained in Moroccan
prisons (See Appendix). In the first year of the Moroccan invasion, more than 2,000 women and children
were killed by massive aerial bombardments, including the use of napalm and white phosphorus bombs,
which are prohibited under international law. Thousands of Saharawis have also been extrajudicially
executed or tortured in Moroccan detention centres.
Between 2020 and 2024, 127 Sahrawi civilians were killed by drone strikes by the Moroccan army. The
landmines laid by the army have caused the death or maiming of nearly 2,600 victims, many of whom suffer
from permanent disabilities. Experts estimate that between 7 and 10 million mines have been laid in fifty
years of occupation.
These serious violations take place in a context of almost total absence of international humanitarian
organizations, including the International Committee of the Red Cross, which does not provide any
assistance to the Sahrawi victims of human rights violations and war crimes committed by Moroccan forces.
They are accompanied by a policy of intensive colonization and systematic plundering of natural resources,
with the complicity of 198 international companies and hundreds of Moroccan companies (see Appendix).
58
Despite the restrictions, renowned international organizations, such as Amnesty International and Human
Rights Watch, were able to visit occupied Western Sahara after many obstacles, meet with Saharawi human
rights defenders, victims and families of disappeared persons and political prisoners. They have issued
detailed reports and clear recommendations on the seriousness of the situation (see Appendix). The Office
of the United Nations High Commissioner for Human Rights had visited the country in 2006, and the
European Parliament had sent a mission in 2009, explicitly linking the persistence of serious violations
against Saharan civilians to the denial of their inalienable right to self-determination.
The most serious crimes suffered by the Saharawi people
•
The genocide, now legally establishedIn the context of complaints filed by Saharawi victims
against Moroccan security officials before the Spanish National Court, and after the
completion of the judicial proceedings, Judgment No. 1/2015 of 9 April 2015, issued by Judge
Pablo Ruz, recognized the existence of a "genocide against the Saharawi people" that caused
thousands of victims. The judge affirmed that "from November 1975, the date of the Moroccan
occupation of Western Sahara, then a Spanish colony, until 1991, the date of the ceasefire between
Morocco and the Polisario Front, there was a massive and systematic attack against Saharawi
civilians by the Moroccan armed and police forces, aimed at totally or partially destroying this
population and seizing Western Sahara".
•
Enforced disappearance, as a crime, remains a persistent reality in Western Sahara.
4,500 cases of enforced disappearances have been documented, including 445 Saharawis whose fate
remains unknown. Moroccan authorities denied the existence of these victims until 1991, when 322
disappeared people were released after about 15 years in secret prisons. Morocco continued to deny
the fate of others, only admitting in 2010 that 47 people had died in custody.
A report by the Moroccan Royal Consultative Council for Human Rights (CCDH), published in 2010 under
the title "Follow-up to the implementation of the recommendations of the Equity and Reconciliation
Commission", acknowledged the deaths of 351 Saharawis. According to the report, 144 victims died during
military operations, without identification or clarification of the circumstances, while the rest died in
custody or summarily executed:
-
115 people in various military barracks, including 14 children aged 3 months to 15 years and 11
women;
-
43 people in the centers of Agdez and Kalaat M'Gouna, including 2 women;
-
23 people in the city of Laayoune.
The majority of these victims died under torture in inhumane conditions, while 13 were executed on the
basis of military trials without transparency on the proceedings. The report explicitly places responsibility
for these crimes on the Moroccan army, gendarmerie, police and auxiliary forces. To date, no remains have
been handed over to the families, who continue to suffer from the psychological and human consequences
of this criminal policy. The latest known case is that of Lahbib Ahmed Hamiti (Aghrishi), who disappeared
on 7 February 2022.
In this context, Spanish human rights experts conducted an in-depth survey entitled "Oasis of Memory",
published in 2008 by the Hegoa Institute for International Cooperation and Development Studies, as well
as by the Commission of the Joint Diocesan Project for the Recovery of Historical Memory (Remhi). This
investigation, in two volumes, is based on hundreds of corroborating testimonies, visits to mass grave sites
59
and DNA analyses. It concludes that the phenomenon of enforced disappearance in Western Sahara
represents the highest rate in the world, compared to the Saharawi population.
•
Arbitrary arrests coupled with torture and ill-treatment
In recent years, the Moroccan State has continued extensive campaigns of arbitrary arrests and fabrication
of charges against Saharawi human rights defenders and Saharawi civilians, subjecting them to legal
proceedings without basic guarantees of a fair trial. These practices are mainly aimed at their positions and
opinions on the question of Western Sahara, or their participation in peaceful demonstrations and protests
demanding the exercise of the inalienable right to self-determination.
In this context, more than 30,000 cases of arbitrary arrests have been recorded, from which the persons
concerned have been released after serving their sentences. However, 32 cases remain in political detention
in various Moroccan prisons, including detainees from the Gdeim Izik group and those from the Saharawi
student group. These prisoners live in appalling and degrading conditions, marked by long periods of
solitary confinement, in an environment where the most basic fundamental rights are not respected,
including those guaranteed by the relevant international treaties and conventions, including the rules of
international humanitarian law and, in particular, article 76 of the Fourth Geneva Convention.
Although the Moroccan State has ratified the International Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment for several years, and in 2006 adopted a law criminalizing
the practice of torture, in addition to the lifting of its reservation to article 20 of the Convention, it continues,
according to the testimonies of victims, to torture, rape and ill-treatment of Saharawi civilians, violating
their right to physical integrity, personal security and human dignity.
These practices have affected women, men, children, the elderly and people with disabilities, without
distinction. The testimonies of the victims indicate that psychological and physical torture, as well as illtreatment, are inflicted by the Moroccan intelligence services in various places: the public highway,
peripheral areas, during house searches, inside police, gendarmerie or army vehicles, and during arrests or
detentions in police custody or preventive detention, whether in police stations, gendarmerie brigades or
in unofficial detention centres.
The Moroccan intelligence services use a variety of methods of torture, aggression and ill-treatment against
Saharawi civilians, including:
•
Physical torture : assault and battery with sticks, electric cables, electrocution, cigarette burns,
mutilation by sharp objects, simulated drowning, blindfolding and tying of hands and feet.
•
Psychological torture : insults, insults, degrading remarks, sleep deprivation, prolonged
interrogations, threats of rape or harm to the integrity of relatives, death threats.
•
Rape : sexual abuse of any kind, direct or indirect, through the use of sticks, bottles or other objects.
Some documents and testimonies attesting to these practices of torture and ill-treatment by the Moroccan
intelligence services were included in the documents annexed to the previous report of 2013.
60
The situation of Saharawi political prisoners in Moroccan prisons
Saharawi political prisoners endure deplorable and inhumane conditions in the various Moroccan prisons,
due to the absence of minimum standards of human dignity and the deliberate desire of the General
Delegation to the Moroccan Prison Administration to mistreat and punish them for their positions on the
question of Western Sahara.
The suffering of Saharawi political prisoners can be summed up in particular in:
•
Arbitrary transfer to prisons several hundred kilometres away from the family home;
•
Solitary confinement and incarceration in individual cells;
•
The prohibition of any contact with the outside world;
•
Permanent surveillance and excavations;
•
The refusal of direct visits;
•
Physical and psychological torture;
•
The refusal of the prison administrations to receive complaints from prisoners;
•
The prohibition of receiving newspapers, books and correspondence;
•
Confinement in overcrowded cells, often with dangerous common law prisoners;
•
Discrimination and incitement of Moroccan common law prisoners against them;
•
Malnutrition, lack of hygiene, ventilation and walking;
•
Lack of medical care, medication and health support;
•
The financial burden of families for food and medicine throughout detention;
•
The ban on continuing studies.
61
These violations, related to the conditions of detention, investigations and trials, constitute a flagrant
violation by the Moroccan State of international fair trial standards, as enshrined by:
•
The African Charter on Human and Peoples' Rights (1981);
•
The International Covenant on Civil and Political Rights and its two protocols (1966);
•
The Convention against Torture (1948, entered into force in 1986);
•
The Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (1988);
•
Standard Minimum Rules for the Treatment of Prisoners (1971);
•
The Basic Principles on the Role of Lawyers (1990);
•
The Basic Principles on the Independence of the Judiciary (1985).
Economic, social and cultural rights
Economic, social and cultural rights are fundamental human rights that must be guaranteed to everyone
without discrimination. They are enshrined in all international and regional human rights instruments,
including the International Covenant on Economic, Social and Cultural Rights.
Although Western Sahara is rich in natural and fishery resources, the Moroccan state continues to exploit
and deplete them in a systematic manner, with the complicity of 198 international companies (See
Appendix), hundreds of Moroccan companies and the European Union. This practice violates international
instruments and rulings relating to Non-Self-Governing Territories, including the legal opinion of the
United Nations Legal Counsel, Hans Corell, of 29 January 2002 on the natural resources of Western Sahara,
In addition to the African Union’s legal opinion issued in 2015, as well as the relevant judgments of the
Court of Justice of the European Union.
Pending the organization of a free and fair referendum under the aegis of the United Nations, enabling the
Saharawi people to exercise their inalienable right to self-determination, Morocco remains obliged under
international law to guarantee Saharawi citizens all their political, economic, social and cultural rights.
However, there is evidence that these rights continue to be violated, particularly in the following areas:
The right to work
•
Exclusion of Saharawi workers from the labour market, despite sufficient natural resources to
absorb unemployment;
•
Freezing of the salaries of Saharawi human rights defenders due to their political positions,
dismissals and deprivation of professional opportunities;
•
Spoliation of the rights of Saharawi workers and pensioners of the Fosbucraa phosphate mining
company , in violation of employment contracts and rights acquired under the Spanish colonial
administration;
•
Complicity of the Moroccan state and employers in the exploitation of workers in undignified
conditions, with derisory salaries and without social or health coverage.
62
The right to health
•
Severe shortage of medical and paramedical staff;
•
Dysfunctions of emergency and maternity services;
•
Cases of deaths of pregnant women, fetuses and newborns due to negligence and medical errors;
•
Deplorable hospital conditions.
•
Corruption, clientelism and discrimination against Saharawis;
•
Existence of networks of doctors, nurses, pharmacists and medical equipment dealers exploiting
patients;
•
Absence of a university hospital in the occupied cities;
•
Lack of medical services in rural areas;
•
Violations in hospitals against Sahrawi demonstrators injured during peaceful protests: kidnappings
and arrests of victims undergoing treatment (cases of Aminatou Haidar and Najem El Oubban,
among others);
•
Subjecting some medical personnel to security guidelines concerning Sahrawi victims;
•
Participation of some medical personnel in the cover-up of cases of torture by refusing to issue
medical certificates;
•
Denial of access to health care for victims because of their political positions;
•
Participation of certain medical and paramedical personnel in acts of violence against Saharawi
victims;
•
Lack of physical and psychological rehabilitation centres for mine victims.
The right to education
•
Inadequacy of Moroccan school curricula with the Sahrawi cultural and social identity, attempt at
"Moroccanization" and erasure of national identity through the imposition of Moroccan surnames;
•
Militarization of certain schools, transformed into quasi-barracks;
•
Spread of hatred and division between pupils and students, encouraged by teachers and
administrators under the influence of the Moroccan intelligence services, leading to violent clashes
between Saharawis and Moroccan settlers;
•
Violence, torture and provocations against Sahrawi pupils and students in and around schools and
universities;
•
Absence of faculties, schools and higher institutes in the occupied cities, hindering the continuation
of studies, especially for young Saharawi girls.
The problem of anti-personnel mines
•
Since the outbreak of the political and military conflict between Morocco and the Polisario Front at
the end of 1975, anti-personnel mines scattered throughout the territory of Western Sahara and
63
•
•
•
•
southern Morocco have continued to claim human lives, particularly among herders and inhabitants
of rural areas, as well as among herds, due to the refusal of the Moroccan State to assume its
responsibility for the signage, fencing and demining of mined areas, and the absence of awareness
campaigns aimed at Saharawi citizens on the dangers of mines.
The death toll from mine explosions stands at more than 600 people of all ages and genders, while
at least 2,000 civilians have been injured, some with permanent disabilities.
It should be stressed that these mines and other unexploded ordnance not only threaten human life,
but also hinder the mobility of a large social fringe whose livelihood depends exclusively on
pastoralism and livestock. The severity of the situation is compounded by the movement of mines
due to natural factors (floods, floods) to areas previously considered safe.
The United Nations estimates that the area of mine-related danger zones in Western Sahara alone is
100,000 km², or more than a third of the territory, as a result of Morocco's construction of a military
wall of more than 2,700 km, dividing the people and land of Western Sahara into two parts. This
wall is guarded by more than 100,000 Moroccan soldiers and protected by between 7 and 10 million
mines, which continue to kill innocent Sahrawi civilians.
Mine victims in the occupied territories of Western Sahara suffer from persistent marginalization
and indifference, due to the absence of physical and psychological rehabilitation centres, lack of
medical care, social reintegration programmes and material compensation from the Moroccan
occupying State.
Continued drone attacks against Saharawi civilians
The case of seven civilians killed in a car on November 14, 2021
Following the Moroccan military aggression of 13 November 2020 in the area of Guerguerat, in the southwest of Western Sahara, against Sahrawi civilians peacefully protesting, and after the flagrant violation of
the ceasefire agreement reached in 1991, three decades of truce under the aegis of the United Nations have
ended, revealing the failure of this organisation to achieve its fundamental objective: the organisation of a
referendum on self-determination.
Since the resumption of hostilities, Moroccan forces have used armed drones against unarmed civilians,
without respecting the principles of distinction, proportionality, and military necessity. These attacks have
led to a dramatic increase in the number of casualties, caused massive forced displacement, worsened the
humanitarian situation and heightened tensions and fear among the population. This makes humanitarian
and diplomatic intervention essential to reduce suffering and protect the rights of civilians.
Moroccan forces have employed unconventional weapons with a variety of warheads, including
fragmentation, thermal pressure, and cumulative projectiles, increasing their destructive power. Shocking
scenes of completely charred bodies were observed at the scene of the attacks, sometimes making it
impossible to identify the victims.
64
Analysis of field imagery reveals that these strikes targeted innocent civilians using unconventional
munitions, suggesting the use of thermobaric weapons, causing extreme burns and instant deaths. These
practices raise legal and ethical questions about the nature of these military operations, which can only be
qualified as war crimes.
Drone Attack Statistics
•
Total number of people targeted : 300, through 123 attacks in the previous four years.
•
Deadliest year : 2021, with 47 attacks (38% of the total).
•
The human toll : more than 160 victims, 63% of whom died, confirming the nature of collective
executions.
This systematic targeting illustrates a tragic reality: lives lost, land devastated and populations reduced to
wandering, with no regard for the lives of innocent people.
This methodical targeting resulted in the death or injury of more than 160 people, 63 per cent of whom
died, confirming that these strikes were not mere military operations, but ruthless mass executions by
missiles.
Of these victims, 123 were Saharawi, more than 47 per cent of the total, while 88 were Mauritanians (33
per cent). The remaining victims were Algerian, Malian or Sudanese nationals, mostly travellers or migrant
workers in search of subsistence.
Statistics show that 49% of the victims were travellers, which shows that the attacks were by no means
random, but mainly aimed at mobility and the transport of goods. This modus operandi reflects a deliberate
desire to paralyse displacement, increase the living costs of Saharawi refugees, aggravate the humanitarian
crisis and create chronic instability, compromising economic activity and accentuating the isolation of the
region.
60% of attacks on civilians took place in southern Western Sahara, including in areas east of Morocco's
military wall. This pattern confirms the persistence of a strategy aimed at imposing a new status quo on the
ground by intensifying strikes, accentuating security fragility.
The material consequences are considerable:
•
Destruction of more than 104 vehicles belonging mainly to Saharawis and Mauritanians;
•
Demolition of critical infrastructure;
•
Decimation of hundreds of head of cattle (camels, sheep), depriving rural and nomadic families of
their main sources of subsistence.
This situation has forced many families to flee, fleeing the threat of further attacks.
Children account for 5 per cent of the victims, a relatively small but tragic proportion. On November 25,
2021, a Moroccan drone killed eight children simultaneously as they sought refuge with their families,
illustrating the direct attack on innocent civilians.
In total, between 30,000 and 40,000 people have been forced to leave their homes. The lack of medical
assistance has often led to the death of the wounded due to a lack of adequate care and relief.
65
An examination of the results of Moroccan drone strikes against civilians establishes with supporting
evidence that:
-
These attacks took place in open desert areas, devoid of any vegetation cover, offering perfect
visibility. In such conditions, it is easy to distinguish the most precise details, from the colors and
shapes of the vehicles to the personal belongings of the victims, allowing a clear distinction between
military and civilian targets. Despite this, the strikes did not differentiate between innocent people
and combatants, aggravating the tragedy of the local populations.
-
These attacks occurred tens of kilometers from the Moroccan wall, in areas where civilians posed
no threat to the Moroccan army and where there were no military clashes. 65% of the strikes took
place directly on international border lines. For example, Moroccan drones struck areas in the south,
more than 100 km from the wall, in the Sahrawi-Mauritanian border region of Ahfir, and in the
north, more than 90 km away, in the area of Ain Bentili, also Saharawi-Mauritanian.
-
Humanitarian consequences and continued attacks
-
It should be noted that these attacks were carried out in areas where the Saharawi army was not
active, which meant that many victims remained for hours, even days, without medical services or
evacuation. The example of Mbark Sebaï and his companion, killed in Imrikli and who remained
at the site of their wound for more than twenty-three days without a dignified and respectful burial,
tragically illustrates this situation.
In some cases, relatives and friends of the victims were afraid to venture out to rescue them, fearing
that they themselves would be targeted by Moroccan drones. Such was the fate of the young Didier
Mahmoud Ahoybita, who was hit directly by a missile while trying to assist victims who fell on
November 24, 2022 in the Sahrawi-Mauritanian border area of Ahfir.
-
Forced displacement and exodus of populations
-
These attacks and bombings have caused a mass exodus of indigenous populations to areas
considered safer. Thousands of people, living continuously or intermittently in the liberated
territories, in small communities in Tifariti, Mehaires, Agouenit, Mijek and Bir Lahlou, have been
forced to abandon their tents and homes under the threat of indiscriminate strikes. Many have found
refuge in Algeria, while others have fled to Mauritania.\
-
These Moroccan drone attacks against Saharawi civilians constitute a continuation of the crime of
genocide against the Saharawi people and represent a direct threat to regional stability. They make
urgent humanitarian and diplomatic intervention essential to reduce the suffering of civilians and
ensure the protection of their human rights.
66
Initial Report of the Sahrawi Arab Democratic Republic
on the Implementation of the Protocol to the African Charter
on Human and Peoples' Rights on the Rights of Women in
Africa (Maputo Protocol)
May 2026
67
Tabel of Content
I. Introduction and Framework of Reference ........................................................... 69
II. National Context and Structural Specificity…… ................................................... 69
III. Methodology Adopted in Preparing the Report ................................................ 70
IV. Legal Status of the Maputo Protocol in the National System ........................... …71
V. Mainstreaming Gender Perspective in Public Policies and Capacity
Building .................................................................................................................... …72
VI. Substantive Provisions of the Maputo Protocol ............................................... ...73
1. Equality and Non-Discrimination ....................................................................... ….73
2. Protection of Women from Violence ................................................................ ….75
3. Rights Related to Marriage and Family ............................................................. .….77
4. Health and Reproductive Rights…………………………………………………………………….….78
5. Economic, Social, and Cultural Rights… ............................................................ ….80
6. The Right to Peace ............................................................................................. …..82
7. Protection of Women in Armed Conflicts ......................................................... …..83
8. Rights of Specially Protected Groups of Women..............................................…..85
VII. General Challenges Hindering the Full Implementation of the Maputo
Protocol…………………………………………………………………………………………………………………86
VIII. National Responses to Challenges................................................................ ……88
IX. Future Commitments ...................................................................................... ……89
X. Conclusion ........................................................................................................ ……91
XI. Call to the African Commission on Human and Peoples' Rights… ................. …..92
68
I.
Introduction and Reference Framework
The Sahrawi Arab Democratic Republic (SADR) is honored to submit its Initial Report
to the African Commission on Human and Peoples' Rights regarding the
implementation of the provisions of the Protocol to the African Charter on Human and
Peoples' Rights on the Rights of Women in Africa (the Maputo Protocol). This
submission is made within the framework of its legal obligations set forth under
Article 26 of the Protocol, read in conjunction with Article 62 of the African Charter
on Human and Peoples' Rights.
This report serves as an extension of an institutional and legal trajectory adopted by
the Sahrawi State since its engagement with the African human rights system. This
path is founded upon the promotion and protection of women's rights as an integral
part of the system of fundamental rights, and the harmonization of its legislation and
public policies with relevant regional and international standards. In this regard, the
State has relied on multiple and complementary frameworks of reference, including
the African Charter on Human and Peoples' Rights, the Maputo Protocol, and the
Universal Declaration of Human Rights, alongside the African Union Solemn
Declaration on Gender Equality in Africa and Agenda 2063, as normative frameworks
guiding its policies for women's empowerment.
Furthermore, this orientation is grounded in the National Constitutional Framework,
which enshrines the principles of equality and non-discrimination. It reaffirms the
State's commitment to respecting the regional and international conventions it has
ratified, reflecting a clear political will to consolidate women's rights within the legal
and institutional architecture of the State.
In this context, the Sahrawi Arab Democratic Republic affirms that the interpretation
and implementation of the Maputo Protocol's provisions are conducted within an
approach that ensures a balance between respecting the cultural and social
specificities of Sahrawi society and committing to African and international standards,
in harmony with the provisions of Islamic Sharia, without prejudice to the essence of
the fundamental rights guaranteed by the Protocol.
II.
National Context and Structural Specificity
This report is presented within a unique national context characterized by structural
complexities and overlapping legal and political dimensions. The Sahrawi State
exercises its powers under a status of incomplete sovereignty due to the continued
69
Moroccan occupation of parts of the territory, occurring in parallel with the reality of
exile experienced by a significant portion of the Sahrawi people, and the resulting
structural constraints on economic and social development.
This context directly impacts the State’s ability to fully implement its obligations under
the Maputo Protocol, particularly regarding economic, social, and cultural rights,
which remain contingent upon the degree of control over natural resources and the
availability of necessary financial and institutional capacities. This situation reflects
more acutely on Sahrawi women, especially in the occupied territories, where the
State records the persistence of multiple patterns of violations, including genderbased violence (GBV), arbitrary detention, torture, and the restriction of fundamental
freedoms, as well as exclusion from effective participation in public life.
The State considers these practices a clear violation of the provisions of the Maputo
Protocol and the obligations set forth in the African Charter on Human and Peoples'
Rights, as well as a breach of the rules of International Human Rights Law and
International Humanitarian Law. This presents a dual challenge: the necessity of
continuing to build a national system for the protection of women's rights on one
hand, and addressing the violations committed in the occupied territories on the
other.
Despite these structural challenges, the Sahrawi State has adopted a gradual and
integrated approach to implementing its obligations. This approach is based on
developing the legal framework, strengthening institutional capacity, and
mainstreaming a gender perspective into public policies, alongside supporting
mechanisms for the economic and political empowerment of women and developing
protection and response mechanisms for gender-based violence, in harmony with
African and international standards.
III.
Methodology Adopted in Preparing the Report
This report was prepared according to a participatory and holistic approach, in line
with the guidelines adopted by the African Commission on Human and Peoples'
Rights, specifically the Guidelines for State Reporting under the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women in Africa. The Sahrawi
State has ensured that the report accurately and comprehensively reflects the reality
of the implementation of the Maputo Protocol’s provisions, regarding both progress
achieved and existing challenges.
70
The preparation process relied on the collection and analysis of official national data
issued by various relevant government sectors, in addition to benefiting from previous
national reports—most notably the African Women's Decade (2010–2020) Report—
and the quantitative and qualitative assessments it contained regarding women's
empowerment in the Sahrawi State. A gap analysis approach (Progress vs. Gaps) was
adopted, allowing for the monitoring of development achieved against remaining
challenges, in accordance with internationally recognized methodologies for human
rights reporting.
To consolidate the participatory nature of the process, national institutions concerned
with women's rights were involved, including the Ministry of Social Affairs and the
Promotion of Women, the Ministry of Justice, the Sahrawi National Council, and the
National Human Rights Commission, which contributed data related to monitoring
violations and evaluating protection mechanisms. Furthermore, contributions from
civil society, particularly women's organizations, were integrated through
consultations and workshops organized within the refugee camps, allowing for the
inclusion of field-based perspectives that reflect the reality of Sahrawi women across
different spaces.
This participatory approach has enhanced the credibility and comprehensiveness of
the report and contributed to integrating the recommendations of non-governmental
actors into the assessment process, consistent with the requirements of the African
Commission, which emphasizes the necessity of involving civil society in the
preparation of periodic reports.
IV.
Legal Status of the Maputo Protocol in the National
System
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of
Women in Africa is part of the regional and international legal obligations undertaken
by the Sahrawi Arab Democratic Republic as part of its engagement with the African
human rights system. This commitment derives its force from the national
constitutional reference, which refers to the African Charter on Human and Peoples'
Rights, thereby strengthening the standing of African standards within the domestic
legal system.
In this framework, the Sahrawi State adopts a legal approach based on the integration
of international convention provisions into national legislation, ensuring a gradual
harmonization between domestic rules and international standards. Consequently,
the Maputo Protocol is not considered directly applicable before national courts;
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rather, its activation is subject to a process of legislative incorporation, through which
its provisions are translated into applicable national legal texts. This orientation
reflects the nature of the adopted legal system, which is based on a dualist approach
that considers the specificity of the national context and the requirements of gradual
implementation.
In this context, until the preparation of this report, no judicial cases have been
recorded in which the provisions of the Protocol were directly invoked before national
courts. This is not interpreted as a lack of compliance, but rather as a result of the fact
that the rights stipulated in the Protocol are mostly enshrined within the national
constitutional and legislative framework and are activated through it.
As part of implementing its obligations, the Sahrawi State has initiated a legislative
review process aimed at assessing the compatibility of national laws with the
provisions of the Maputo Protocol. A joint national mechanism comprising
representatives from the legislative and executive branches and civil society was
established to identify areas of conflict and introduce necessary amendments. This
process has contributed to strengthening the principle of equality before the law and
developing the legal framework related to women's rights, particularly in the areas of
judicial procedures and social protection.
Regarding reservations, the Sahrawi State expressed reservations on certain
provisions of the Protocol based on considerations related to ensuring the harmony
of some requirements with national legislation, as well as the limited capacity for
implementation given the existing political and economic context—primarily linked to
the status of occupation and the lack of sovereignty over the entire national territory.
However, the State emphasizes that these reservations are temporary and subject to
periodic review, with the aim of gradually reducing them to ensure full compliance
with the provisions of the Protocol.
V.
Mainstreaming Gender Perspective in Public Policies and
Capacity Building
The Sahrawi Arab Democratic Republic has adopted a horizontal approach to
mainstreaming a gender perspective across various government policies and
programs, considering this an essential mechanism to ensure the effective realization
of women's rights, rather than merely recognizing them at a legal level. This
orientation is manifested in the integration of the gender dimension in the planning,
implementation, and evaluation stages, ensuring more precise targeting of female
groups, especially the most vulnerable.
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Public policies based on affirmative action have also been adopted, most notably the
quota system, which has contributed to enhancing women's representation in various
state institutions at the legislative, executive, and local levels. This reflects a clear
political will to promote women's participation in decision-making. This trend was
accompanied by the development of capacity-building programs aimed at qualifying
women for leadership roles and enhancing their skills in administration, management,
and advocacy.
In this framework, specialized institutional initiatives have emerged, such as the
Sahrawi School of Gender, which plays a pivotal role in training female leaders and
producing knowledge in gender studies. Additionally, the Technical Mechanism for the
Promotion and Protection of Women adopts a multi-sectoral approach in responding
to gender-based violence by combining prevention, protection, support, and referral
services.
These efforts have contributed to tangible progress in mainstreaming a gender
perspective into public policies. However, this path still faces challenges related to
limited resources, the need for enhanced technical and institutional capacities, and
the development of gender-disaggregated data collection systems to allow for a more
accurate assessment of the impact of adopted policies.
Substantive Provisions of the Maputo Protocol
1. Equality and Non-Discrimination
VI.
The Sahrawi Arab Democratic Republic (SADR) affirms that the principle of equality
and non-discrimination constitutes the fundamental pillar upon which the national
constitutional and legal framework is built, aligning with the provisions of Article 2 of
the Maputo Protocol. This principle is explicitly enshrined in the Constitution, which
stipulates equality between men and women in rights and duties—a mandate that
has been gradually reflected across various public policies and national legislations.
In this context, the State has worked to harmonize its legal system with the
requirements of the Protocol by reviewing relevant laws through a participatory
approach involving various institutional actors, including the legislative and executive
branches and civil society, with the aim of strengthening legal protection for women
and eliminating all forms of discrimination.
Regarding Access to Justice, the State has sought to strengthen fair trial guarantees
and facilitate women’s access to the judiciary by developing civil and criminal
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procedural laws to ensure equality before the law, in accordance with Article 8 of the
Protocol. The Ministry of Justice plays a pivotal role in this field by modernizing the
legislative framework and enhancing the capacities of actors within the justice system.
Simultaneously, the National Human Rights Commission contributes to monitoring
violations and providing recommendations, alongside its role in disseminating a
human rights culture and promoting legal awareness among women.
Concerning Political Participation and Decision-Making, the Sahrawi State has adopted
policies based on affirmative action, which have contributed to tangible progress in
women's representation within state institutions. National data indicates that
women’s participation has reached approximately 42% within Parliament, 25% in
political leadership positions, and 15% within the government cabinet. High
percentages were also recorded at the level of local structures, where women's
representation reached 45% among District Chiefs and 100% among Mayors, in
addition to a significant presence in regional and international institutions, with
women representing 45% in the Pan-African Parliament and 21% in the diplomatic
corps. These indicators reflect a gradual transition from formal equality to substantive
equality, although the qualitative participation of women in decision-making positions
still requires further enhancement.
In the field of Education, the Sahrawi State guarantees the right to free and
compulsory education without discrimination. This has contributed to marked
progress in female enrollment indicators and a reduction in illiteracy rates, particularly
through literacy programs and continuous vocational training tailored for women.
Furthermore, a gender perspective has been integrated into educational policies to
promote equal opportunities and establish the role of women as essential actors in
the educational process.
Despite these achievements, the State continues to face multiple challenges affecting
the full operationalization of the principle of equality and non-discrimination. These
include limited financial resources, the need for further specialized training in gender
issues, and the persistence of certain social perceptions that may limit women's full
participation. Moreover, the general context related to occupation and displacement
remains a structural factor imposing additional constraints, particularly regarding the
guarantee of the full enjoyment of rights in the occupied territories.
Nevertheless, the Sahrawi State continues its efforts to promote this principle by
developing public policies, strengthening the institutional framework, and supporting
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empowerment programs to consolidate de facto equality between the sexes, in
harmony with its African and international obligations.
2. Protection of Women from Violence
The Sahrawi Arab Democratic Republic (SADR) reaffirms its steadfast commitment to
protecting women from all forms of violence, regarding this as a legal and moral
obligation stemming from the provisions of the National Constitution. This
commitment aligns with the requirements of Articles 3, 4, and 5 of the Maputo
Protocol, which enshrine the right to dignity and physical and psychological integrity,
and prohibit all forms of gender-based violence (GBV).
In this framework, the State has adopted a comprehensive approach that transcends
the partial treatment of violence by linking prevention, protection, and response
within a multi-sectoral institutional vision. This aims to ensure the effective care of
women victims of violence. This orientation is particularly embodied in the
establishment of the Technical Mechanism for the Promotion and Protection of
Women, which represents one of the most significant institutional innovations in this
field. It adopts a decentralized model that ensures proximity to beneficiaries through
its presence across various provinces (wilayas) and its reliance on multidisciplinary
teams, including specialists in psychological, social, and legal support.
This mechanism plays a central role in providing listening, guidance, and
accompaniment services by establishing local units that provide safe spaces for
women to report violations and receive necessary support. Furthermore, the
mechanism employs an effective referral system linking various stakeholders—
including the justice sector, health services, and social institutions—to ensure
comprehensive case management and mitigate the risk of re-victimization.
The State’s intervention is not limited to the responsive side but extends to the
preventive dimension through the organization of sensitization and awareness
campaigns targeting various segments of society. These aim to change stereotypical
behaviors associated with violence against women and enhance awareness of the
rights guaranteed by national law and African charters. In this regard, the Sahrawi
School of Gender contributes by integrating GBV issues into training and capacitybuilding programs, thereby fostering a conscious and coherent human rights
discourse.
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Regarding harmful practices, the State affirms its commitment to combating all such
forms in line with Article 5 of the Protocol. This is achieved by adopting an approach
based on awareness and community engagement that respects cultural specificities
while simultaneously aiming for the gradual elimination of practices that affect the
dignity and safety of women. The State also works to counter stereotypes related to
women's roles within society by integrating a gender perspective into educational and
media policies.
In the Occupied Territories of Western Sahara, violence directed against Sahrawi
women takes on a complex character that transcends traditional social dimensions,
becoming part of a broader context of violations linked to the occupation. In this
context, recurring patterns of violations are recorded, including enforced
disappearances, arbitrary detention, torture, and ill-treatment, alongside physical and
sexual violence, harassment, threats, close surveillance, and restrictions on
movement.
Several UN mechanisms and international organizations have documented these
patterns of violations. The UN Special Rapporteurs on torture, on human rights
defenders, and on violence against women have noted repeated cases involving the
use of violence—including sexual violence—as a means of intimidation and
punishment, particularly in the context of dispersing demonstrations or during
periods of detention. International organizations, including Amnesty International and
Human Rights Watch, have also documented the use of excessive force against
Sahrawi activists and the persistence of restrictions on freedom of expression and
assembly, creating a high-risk environment for women and multiplying their exposure
to various forms of violence.
The impact of these violations is not limited to direct physical or psychological harm
but extends to deeper social and structural dimensions. Violence against women is
used as a tool to dismantle community bonds, undermine the leadership roles women
hold within Sahrawi society, and marginalize them from the public sphere through
intimidation and social stigmatization. In this context, it is observed that Sahrawi
women are subjected to forms of violence of a specific gendered nature, including
threats of sexual assault, defamation, and gender-related insults—practices aimed at
weakening their participation in public and political life.
Furthermore, the absence of effective accountability mechanisms and the persistence
of impunity in these areas contribute to the consolidation of these patterns of violence
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and limit victims' access to effective remedies, whether judicial or non-judicial. This
situation poses a fundamental challenge to the implementation of the Maputo
Protocol, particularly regarding the guarantee of effective protection for women from
violence, the provision of remedies, and the guarantee of non-repetition.
In light of the above, the Sahrawi Arab Democratic Republic considers that the
situation of Sahrawi women in the occupied territories falls among the cases requiring
special attention from African mechanisms, including the African Commission on
Human and Peoples' Rights. This should be addressed by strengthening monitoring
mechanisms, ensuring the inclusion of these violations in periodic reports, and
working to hold those responsible accountable, in accordance with the provisions of
the Maputo Protocol and relevant African obligations.
3. Rights Related to Marriage and Family
The Sahrawi Arab Democratic Republic (SADR) attaches special importance to
protecting women's rights within the family unit, viewing it as a fundamental space
for the realization of the principle of equality, in accordance with the provisions of
Articles 6 and 7 of the Maputo Protocol, which regulate various aspects related to
marriage and family relations.
In this framework, the regulation of family relations in the Sahrawi State is based on a
legal system derived from the Constitution and national legislation, in interaction with
Islamic reference, thereby ensuring a balance between cultural and social specificity
and the requirements for protecting women's rights as set forth in African
instruments. In this context, the State has worked to develop the legal framework
governing marriage to enhance the protection of women and enshrine the principle
of full consent of both parties as a fundamental condition for the validity of marriage,
prohibiting all forms of coercion or forced marriage.
Furthermore, legal provisions have been adopted aimed at ensuring the
documentation of marriage, as it is an essential mechanism for protecting women's
legal rights, whether regarding family status or rights related to lineage and
inheritance, thus contributing to the reduction of disputes and ensuring the stability
of family relations. The registration of marriage is of particular importance in the
national context due to its direct link to women's access to social and economic rights.
Regarding the minimum age of marriage, the State seeks to harmonize its legislation
with African standards to ensure the protection of girls from early marriage and to
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promote their right to education and holistic development. This orientation is
accompanied by the adoption of community-targeted awareness programs aimed at
reducing practices that may negatively affect girls' enjoyment of their rights, within a
gradual approach that takes into account social transformations.
Concerning the status of women within marriage, including cases of polygamy, the
State affirms its commitment to protecting women's rights and ensuring their dignity
by framing these matters legally to limit any practices that might prejudice the
principle of equality or result in harm to the woman. Public policies also strive to
enhance awareness of women's rights within the family to ensure more balanced
participation in decision-making within marital life.
In cases of separation or divorce, the State guarantees a legal framework aimed at
protecting women's rights, whether in terms of alimony (nafaqa), custody, or rights
associated with the dissolution of the marital bond, while emphasizing the necessity
of considering the best interests of the child and ensuring their protection, in line with
the Protocol's provisions which emphasize the protection of women and children
within the family. The judiciary plays a primary role in this field by adjudicating family
disputes according to the standards of justice and equity.
The State also places special emphasis on the protection of children within the family
by assuring their rights to lineage and care and strengthening the role of women in
this regard, which consolidates family stability and promotes social cohesion.
Despite this legal and institutional framework, challenges remain about the full
implementation of these rights. These are primarily related to the need to enhance
women's legal awareness of their rights within the family and the development of
support and accompaniment mechanisms in cases of family conflict. Additionally, the
general context associated with refugee status and occupation imposes social and
economic burdens on the family, which may reflect on the status of women within it.
Nevertheless, the Sahrawi State continues its efforts to develop its legal and policy
systems to enhance the protection of women within the institution of marriage and
ensure gradual compatibility with the provisions of the Maputo Protocol, within a
balanced approach that respects national specificities and African obligations.
4. Health and Reproductive Rights
The Sahrawi Arab Democratic Republic (SADR) reaffirms its commitment to
guaranteeing the right to health, including sexual and reproductive health, as a
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fundamental right enshrined in the Constitution and intersecting with the provisions
of Article 14 of the Maputo Protocol. This commitment is based on a national health
policy that seeks to ensure fair and equitable access to health services, while
integrating a gender perspective into all stages of planning and implementation.
In this framework, the State has worked to develop the healthcare system by
strengthening primary health services and universalizing them across various levels of
intervention, including maternal and child health services, which receive special
priority in public policies. This orientation has been reflected in the improvement of
health access indicators, despite challenges related to limited resources, as the State
strives to provide prevention and treatment services free of charge to ensure that
women—particularly those in vulnerable situations—are not excluded.
Furthermore, the State has adopted health programs aimed at promoting
reproductive health, which include health awareness, medical follow-up during
pregnancy and childbirth, and efforts to reduce maternal mortality rates, in harmony
with relevant African initiatives, most notably the Maputo Plan of Action on Sexual
and Reproductive Health and Rights. In this context, a substantive integration of the
gender dimension in health planning is observed, ensuring that the specific needs of
women are addressed, particularly concerning reproductive health services.
Regarding disease prevention, including sexually transmitted infections (STIs), the
State works to adopt educational and awareness programs targeting various segments
of society, with a focus on enhancing health literacy among women and empowering
them to make informed decisions regarding their health. Health education is also
integrated into awareness programs within a preventive approach aimed at reducing
health risks and promoting public health.
As for matters related to reproductive rights, including cases raised by the Maputo
Protocol regarding abortion, the State adopts an approach that balances its African
obligations with the national legal and social framework. These matters are handled
within the framework of national legislation, taking into account health and
humanitarian considerations, in a context characterized by a gradual harmonization
of legislation with international standards.
Despite the efforts made, the State still faces multiple challenges in this field, primarily
related to the shortage of human resources and medical equipment, in addition to a
relative dependence on external support for financing the health sector, which
impacts the sustainability of certain programs. Furthermore, the humanitarian
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context associated with the refugee situation imposes additional constraints on the
development of health infrastructure, especially in the face of challenges related to
climate change and emergency situations.
This situation takes on a more complex dimension in the occupied territories, where
Sahrawi women are deprived of full access to adequate health services under the
restrictions imposed on fundamental rights. This negatively impacts their enjoyment
of health rights, including reproductive health.
Nevertheless, the Sahrawi State continues to work on developing its health policies
and strengthening its preventive and curative programs to ensure the improvement
of the quality of health services provided to women, thereby consolidating its
obligations under the Maputo Protocol within a gradual and sustainable approach.
5. Economic, Social, and Cultural Rights
The Sahrawi Arab Democratic Republic (SADR) reaffirms its commitment to
guaranteeing the economic, social, and cultural rights of women as an integral part of
the human rights system and a fundamental pillar for achieving substantive equality,
in accordance with the provisions of Articles 13, 15, 16, 17, 18, and 19 of the Maputo
Protocol.
In this framework, the State has adopted a developmental approach that considers
the specificity of the national context. it is based on promoting the economic
empowerment of women as an essential entry point for achieving their
independence. Programs have been developed to support income-generating
activities and encourage individual initiatives, particularly among women and young
girls. Micro-credit projects have played a pivotal role in this field, enabling an
increasing number of women to engage in economic activities that contribute to
improving their living conditions and enhancing their contribution to the local
economy, despite the limited resources available.
Furthermore, the State works to guarantee the right to work without discrimination
by enshrining the principle of equal opportunity in access to employment and
ensuring equality in wages and promotion. This has contributed to enhancing
women's presence across various sectors, whether in administrative, social, or
educational fields. In this context, it is noted that the economic empowerment of
women is closely linked to public policies aimed at enhancing their professional
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capacities through training and qualification programs designed to raise their
efficiency and enable their effective integration into the labor market.
Regarding the right to food security, the State works to support families, especially in
refugee camps, through social programs aimed at ensuring the minimum
requirements for a dignified life within a context that relies heavily on humanitarian
aid. This situation affects women in particular, as they are the primary actors in
managing household affairs, making the enhancement of their economic capacity a
decisive factor in achieving food security within the family.
Concerning the right to adequate housing, the State—notwithstanding challenges
related to limited infrastructure—seeks to improve living conditions within refugee
camps through social support programs targeting the most vulnerable groups,
including women. This right remains closely linked to the general humanitarian
context, which imposes constraints on infrastructure development, especially in light
of climate changes that frequently affect the stability of these areas.
In terms of cultural rights, the State attaches special importance to enhancing the
cultural role of women as carriers of national identity and essential actors in
transmitting values and traditions. Cultural initiatives that promote women’s
participation in cultural life are supported, with careful attention to ensuring this
occurs within a framework that respects women’s rights and enhances their status.
The State also commits to guaranteeing the right to a healthy and sustainable
environment, which is of particular importance given the environmental challenges
facing refugee camps, including the impacts of climate change and natural disasters.
These affect women directly due to their role in managing daily household resources.
Added to this is the threat of landmines in Sahrawi areas, which constitutes a
permanent threat to human security and restricts movement and development,
negatively impacting women's enjoyment of their economic and social rights.
In the context of the right to sustainable development, the State affirms that women's
empowerment constitutes a fundamental pillar of any developmental path. However,
this goal remains contingent upon the State's ability to control its natural resources—
an objective that cannot be fully realized due to the continued illegal exploitation of
these resources in the occupied territories. This situation undermines the State's
capacity to fund social and economic programs, including those directed toward
women's empowerment.
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Despite these challenges, the Sahrawi State continues its efforts to promote the
economic, social, and cultural rights of women by developing policies targeting the
most vulnerable groups, strengthening economic empowerment programs, and
working to improve living conditions to ensure gradual progress toward the fulfillment
of these rights, in harmony with its obligations under the Maputo Protocol.
6. The Right to Peace
In a context characterized by prolonged conflict and continued occupation, the
experience of Sahrawi women emerges as a unique model embodying the organic link
between the struggle for self-determination and the promotion of peace. Sahrawi
women have not merely been victims of conflict, but central actors in its architecture,
management, and the reshaping of its horizons. The Sahrawi Arab Democratic
Republic (SADR) affirms that the realization of the Right to Peace, as stipulated in
Article 10 of the Maputo Protocol, is inseparable from enabling the Sahrawi people to
exercise their inalienable right to self-determination, which constitutes the structural
condition for any just and lasting peace.
Since the outbreak of the national struggle, Sahrawi women have played pivotal roles
across various stages of the conflict, whether in organizing society within refugee
camps, managing civil institutions, or maintaining the continuity of social structures
during the absence of men in periods of war. This role has not been limited to the
social dimension but has extended to political participation and decision-making;
women have effectively contributed to the formulation of public policies and the
representation of the Sahrawi cause at both regional and international levels.
In this framework, the high rates of women's participation in political and
administrative institutions—reaching advanced levels compared to many
international experiences—serve as evidence that involving women in decisionmaking positions was not a circumstantial choice, but a strategic orientation reflecting
the State's recognition of the importance of women's roles in achieving stability and
promoting societal peace. Furthermore, Sahrawi women have played a prominent role
in community mediation, local conflict resolution, and the preservation of social
cohesion within a fragile context.
However, this constructive role is countered by a disturbing reality in the occupied
territories, where Sahrawi women are subjected to multiple forms of violence and
oppression directly linked to the conflict. This undermines their capacity to contribute
to peacebuilding and prevents their free participation in the public sphere. This
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situation leads to the systematic exclusion of women from peaceful political
expression, rendering the Right to Peace an incomplete right in the absence of
protection and guarantees for participation.
The State also emphasizes that achieving peace is not solely linked to the cessation of
armed conflict; it requires the redirection of resources toward social development,
including investment in education, health, and women's empowerment, in
accordance with the provisions of Article 10(3) of the Maputo Protocol. Nevertheless,
this orientation remains limited under the economic constraints imposed by the
continued occupation and the depletion of natural resources, which directly affects
the State's ability to enhance social development programs.
Accordingly, the Sahrawi Arab Democratic Republic affirms that Sahrawi women
represent a fundamental pillar in any path toward peace—not only through their
participation in managing the impacts of conflict but also through their role in shaping
a future based on justice and dignity. Therefore, ensuring their full and effective
participation in all stages of conflict prevention, management, and resolution, as well
as in reconstruction efforts, remains a prerequisite for achieving sustainable peace, in
line with the spirit and provisions of the Maputo Protocol.
7. Protection of Women in Armed Conflicts
This pillar is presented within a specific context characterized by the prolonged
conflict in Western Sahara, which has seen a qualitative evolution since November
2020 following the resumption of armed confrontations after the collapse of the
ceasefire. This development has cast a direct shadow over the humanitarian and
security situation, particularly affecting the conditions of Sahrawi women, whether in
refugee camps, the occupied territories, or areas adjacent to zones of tension.
In this context, the Sahrawi Arab Democratic Republic (SADR) affirms that the
protection of women in situations of armed conflict, as stipulated in Article 11 of the
Maputo Protocol, represents a fundamental obligation that intersects with the rules
of International Humanitarian Law (IHL), especially those relating to the protection of
civilians. However, the specificity of the Sahrawi case—which combines refugee
status, continued occupation, and the return of military tension—imposes doubled
challenges to ensuring the effective protection of women.
In the refugee camps, despite the State's efforts to guarantee a minimum level of
protection and services, women face complex humanitarian conditions due to fragile
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infrastructure, heavy reliance on humanitarian aid, and the impact of climate change,
all of which reflect on their social and economic security. Furthermore, women play a
central role in managing daily life within the camps, increasing the burdens placed
upon them in a context characterized by resource scarcity and instability.
In areas near military operations, the ongoing military tension creates a high-risk
environment where the proliferation of landmines and explosive remnants of war
(ERW) constitutes a permanent threat to the lives of civilians, particularly women. This
restricts their movement and limits their access to basic resources and services,
directly affecting their enjoyment of economic and social rights.
In the occupied territories, violations take on a more complex character as the effects
of armed conflict intersect with patterns of oppression associated with the
occupation. This exposes Sahrawi women to multiple risks, including gender-based
violence (GBV), arbitrary detention, and the restriction of fundamental freedoms, in a
context defined by the absence of protection and accountability. This situation
particularly affects women human rights defenders, who face increased risks as a
result of their involvement in peaceful activism related to the national cause.
The protection of girls is of particular importance in this context. The State reaffirms
its commitment to ensuring that children, especially girls, are not involved in
hostilities and are not recruited, in accordance with Article 11(4) of the Maputo
Protocol and its obligations under international law. In this framework, the State works
to enhance community awareness regarding the importance of child protection and
ensuring continued access to education and basic services despite the challenges
posed by the general context.
Despite these challenges, the Sahrawi State continues its efforts to enhance the
protection of women in the context of conflict by developing social protection
mechanisms, strengthening coordination with humanitarian partners, and working to
integrate a gender-sensitive approach into the humanitarian response to ensure that
the specific needs of women are addressed.
In light of the above, the Sahrawi Arab Democratic Republic emphasizes that the
resumption of the armed conflict since 2020 reinforces the importance of this pillar. It
calls for special attention from African mechanisms, including the African Commission
on Human and Peoples' Rights, to ensure the protection of Sahrawi women and to
strengthen monitoring and accountability mechanisms in line with the provisions of
the Maputo Protocol and International Humanitarian Law.
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8. Rights of Specially Protected Groups of Women
The Sahrawi Arab Democratic Republic (SADR) devotes special attention to groups of
women living in vulnerable conditions or requiring enhanced protection, in
accordance with Articles 20 to 24 of the Maputo Protocol, which emphasize the
necessity of adopting special measures to ensure these groups enjoy their rights on
an equal basis.
In this framework, the protection of widows is a social priority, gaining particular
significance in the Sahrawi context due to the impact of the protracted armed conflict
and the loss of many family breadwinners. The State has worked to guarantee the
rights of widows, particularly regarding social protection, the right to maintenance,
and the preservation of dignity within society. This effort benefits from the traditional
solidarity structures of Sahrawi society, which are rooted in mutual aid and
community support. Furthermore, public policies aim to enhance the independence
of widows by integrating them into economic empowerment programs, ensuring their
transition from a state of vulnerability to one of economic agency.
Regarding elderly women, the State seeks to provide necessary care through social
protection programs, with a focus on ensuring their dignity and integration into
society, especially amidst social and economic shifts that may affect traditional care
patterns. It is noted that the central role of the family and local community remains a
primary pillar in supporting this group, notwithstanding the need to strengthen
specialized institutional mechanisms in this field.
As for women with disabilities, the State works to integrate them into public policies
by providing healthcare and social services, and promoting their access to educational
and vocational programs to ensure their participation in public life. However, this area
still faces challenges related to the need for developing more suitable infrastructure
and enhancing specialized training in handling disability through a rights-based
perspective.
This category also includes women in general vulnerable situations, particularly in the
context of displacement. Many women face complex challenges resulting from the
intersection of economic, social, and humanitarian factors. In response, the State is
developing social programs targeting the most vulnerable, including women living in
difficult circumstances, by providing social support, enhancing access to basic
services, and working toward their socio-economic empowerment.
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However, the situation of Sahrawi women in the occupied territories remains the most
fragile and complex. Factors of gender-based vulnerability intersect with the impacts
of occupation and conflict, doubling their exposure to violations and limiting their
access to protection and basic services. This includes elderly women and women with
disabilities, who face additional hardships in the absence of effective support
mechanisms and an environment characterized by restrictions on fundamental rights.
Despite the efforts made, the State continues to face challenges in ensuring
comprehensive protection for these groups, primarily due to limited resources, the
need for more targeted policies, and the necessity of improving disaggregated data
collection to more accurately identify their specific needs.
In this context, the Sahrawi Arab Democratic Republic reaffirms its commitment to
further developing its social policies and strengthening protection mechanisms. This
ensures that all women, without exception, are empowered to enjoy their rights
within an approach based on social justice and the principle of leaving no one behind,
in harmony with the spirit and provisions of the Maputo Protocol.
VII.
General Challenges Hindering the
Implementation of the Maputo Protocol
Full
The implementation of the provisions of the Protocol to the African Charter on Human
and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) takes place
within an exceptional and complex national context. This context is characterized by
the intersection of political, economic, and humanitarian factors that directly affect
the actual enjoyment of women's rights. In this framework, a set of structural
challenges emerges that hinders the full implementation of the Protocol's
requirements, despite the efforts made at the legislative and institutional levels.
The most impactful challenge remains the continued Moroccan occupation of parts of
the territory of the Sahrawi Arab Democratic Republic and the resumption of the
armed conflict since 2020. This creates a complex reality where the effects of
occupation intersect with the repercussions of conflict, undermining national efforts
aimed at protecting women's rights. In the occupied territories, Sahrawi women are
deprived of legal and institutional protection and are subjected to multiple violations,
including gender-based violence, arbitrary detention, and restrictions on fundamental
freedoms, within a context characterized by impunity and the absence of
accountability mechanisms.
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Furthermore, the lack of control over natural resources due to their illegal exploitation
constitutes a fundamental challenge. This limits the State’s ability to mobilize the
financial resources necessary to implement social and economic policies, including
programs directed toward women's empowerment. This situation reduces the scope
of public intervention and leaves many programs dependent on external support and
humanitarian aid.
These challenges are exacerbated by the refugee situation, as a large portion of the
Sahrawi people live in camps lacking a sustainable economic structure and relying
heavily on international aid. This reality particularly affects women, who bear
increasing social and economic responsibilities in a context of resource scarcity, which
in turn reflects on their ability to fully benefit from economic and social rights.
Institutional challenges and capacity building also act as influential factors. There
remains a need to strengthen human resources specialized in gender issues, develop
monitoring and evaluation mechanisms, and improve coordination between the
various relevant institutions. Added to this is the limitation of data collection systems
disaggregated by gender, which affects the accuracy of policy assessment and the
measurement of their impact.
On the socio-cultural level, despite the progress made, certain traditional perceptions
still pose an obstacle to the full participation of women in some fields. This
necessitates continued efforts in awareness-raising and the promotion of a human
rights culture within society.
The State also faces growing environmental and humanitarian challenges related to
climate change and natural disasters, which directly affect the stability of refugee
camps and increase the vulnerability of the most at-risk groups, led by women. This is
compounded by the threat of landmines, which poses a permanent threat to human
security and hinders movement and development, mainly in areas near the conflict
zones.
Consequently, it is evident that the challenges facing the implementation of the
Maputo Protocol in the Sahrawi context are not merely technical or sectoral; they are
structural challenges linked to the general political and humanitarian context. This
calls for a complete approach that takes this specificity into account when assessing
the extent of compliance with the provisions of the Protocol.
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VIII.
National Responses to Challenges
In the face of structural challenges hindering the full implementation of the Maputo
Protocol’s provisions, the Sahrawi Arab Democratic Republic (SADR) has adopted a
holistic and progressive approach based on mobilizing various legal, institutional, and
policy tools. This aims to ensure continued progress in protecting women's rights,
despite the complex context in which the State operates.
These responses have been manifested, firstly, in the strengthening of the legal and
institutional framework by launching a gradual review process of national legislation.
This process seeks to harmonize laws with African standards and ensure the
enshrinement of the principles of equality and non-discrimination across various
fields. This path has been accompanied by enhancing the roles of national institutions,
led by the Ministry of Social Affairs and the Promotion of Women, which performs a
coordinating function in gender policies, alongside the National Human Rights
Commission, which strengthens monitoring and recommendation mechanisms and
contributes to consolidating a human rights culture.
The State has also adopted an innovative approach regarding protection from genderbased violence (GBV) through the establishment of specialized institutional
mechanisms, most notably the Technical Mechanism for the Promotion and
Protection of Women. This mechanism represents an integrated model combining
prevention, response, and referral, relying on field presence to ensure proximity to
women, particularly in refugee camps. It has contributed to improving women's
access to support services and enhancing coordination across various sectors,
including justice, health, and social services.
In the area of economic empowerment, the State has worked to develop programs
aimed at enhancing women's independence by supporting small-scale projects,
expanding micro-credit schemes, and encouraging local initiatives. This has
contributed to integrating an increasing number of women into income-generating
activities despite limited resources. Emphasis has also been placed on capacity
building through vocational training and qualification programs to enhance women's
opportunities for economic integration.
Regarding political empowerment, the State has continued to adopt affirmative action
policies, which have proven effective in increasing the rates of women's
representation within state institutions, reflecting a practical commitment to involving
women in decision-making. This orientation has been supported by leadership
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training programs, headed by the Sahrawi School of Gender, which serves as a space
for preparing female elites capable of engaging with national and international issues.
In the social field, the State has strengthened social protection programs directed at
the most vulnerable groups, including women, by supporting families, providing basic
services, and working to improve living conditions within refugee camps. A gendermainstreaming approach has also been adopted in public policies to ensure more
precise targeting of women's needs.
Furthermore, the State has been keen to strengthen cooperation with international
partners, including UN agencies and non-governmental organizations, to support
programs directed toward women's empowerment—particularly in health, education,
and social protection. This has contributed to partially offsetting the limitations of
national resources.
In parallel, the State has continued its efforts in awareness-raising and the
dissemination of human rights culture by organizing sensitization campaigns and
training programs targeting various segments of society. These aim to change
stereotypical behaviors and promote awareness of women's rights as an essential
prerequisite for achieving substantive equality.
While these responses do not eliminate the impact of structural challenges, they
reflect the Sahrawi State's ability to adapt to the context and develop practical and
innovative solutions. This ensures sustained progress in implementing the provisions
of the Maputo Protocol within an approach based on institutional resilience, gradual
reform, and the strengthening of partnerships with national and international actors.
IX.
Future Commitments
The Sahrawi Arab Democratic Republic (SADR) reaffirms its commitment to further
strengthening the implementation of the provisions of the Protocol to the African
Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo
Protocol). This will be achieved through a strategic vision based on gradual reform,
enhancing institutional effectiveness, and enshrining substantive gender equality
across all fields.
In this framework, the State intends to continue the process of harmonizing its
national legislation with the requirements of the Protocol by reviewing laws relevant
to women's rights and ensuring the integration of African standards into the legal
system. This aims to guarantee broader and more effective protection of the
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enshrined rights. The State also affirms its intention to gradually reduce the scope of
existing reservations, working toward full compliance with the Protocol’s provisions
as the national context evolves and the necessary conditions are met.
The State prioritizes strengthening the institutional framework concerned with
women's rights by developing protection and monitoring mechanisms and expanding
their scope of intervention. This is particularly vital in combating gender-based
violence (GBV) through enhancing the effectiveness of the Technical Mechanism for
the Promotion and Protection of Women, developing its capacities, and expanding its
services to include diverse groups of women, while improving referral and follow-up
systems.
In the area of economic empowerment, the State intends to expand support programs
for women's initiatives, strengthen micro-financing mechanisms, and develop policies
aimed at the sustainable integration of women into economic activities, thereby
enhancing their economic independence. It also seeks to develop vocational training
and qualification programs tailored to market needs to improve women's
opportunities for economic inclusion.
Regarding political empowerment, the State reaffirms its commitment to further
promoting women's participation in decision-making positions. This focus extends
beyond quantitative representation to qualitative participation by supporting female
leaders, enhancing their capacities, and expanding their presence at all levels of
governance, enshrining the role of women as fundamental actors in public life.
The State also attaches special importance to gender mainstreaming in public policies
by developing gender-responsive planning and budgeting mechanisms and improving
sex-disaggregated data collection systems. This will allow for a more accurate
assessment of policy impact and more effective targeting.
In the social field, the State intends to strengthen social protection programs directed
at the most vulnerable groups, including women in difficult circumstances, widows,
the elderly, and women with disabilities, while developing more targeted policies that
take the specificities of these groups into account.
The State reaffirms its commitment to strengthening cooperation with regional and
international partners, including the African Commission on Human and Peoples'
Rights, to support its efforts in implementing the Protocol and to benefit from
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technical support and capacity-building mechanisms that enhance the effectiveness
of national policies.
In the same context, the State reiterates that the achievement of full enjoyment of
women's rights remains closely linked to enabling the Sahrawi people to exercise their
right to self-determination and ending the occupation, as this is a fundamental
prerequisite for removing the structural obstacles that prevent the full
implementation of international obligations.
Accordingly, the Sahrawi Arab Democratic Republic commits to continuing its efforts,
despite the challenges, to achieve sustainable progress in the field of women's rights
within an approach based on justice, dignity, and equality, in harmony with the spirit
and provisions of the Maputo Protocol.
X.
Conclusion
Through this initial report, the Sahrawi Arab Democratic Republic (SADR) reaffirms its
steadfast commitment to promoting and protecting women's rights as an integral part
of the human rights system and a fundamental pillar for achieving sustainable
development and building a society based on justice and equality.
This report has demonstrated that the Sahrawi State, despite the exceptional context
in which it operates, has managed to achieve tangible progress in several areas—
particularly regarding women's political participation, enhancing access to education,
developing health policies, and establishing institutional mechanisms for the
protection of women, led by the Technical Mechanism for the Promotion and
Protection of Women. The report also reflects a clear political will to mainstream a
gender perspective into public policies and to enshrine the principle of equality in all
spheres of life.
However, this progress remains constrained by deep structural challenges, primarily
linked to the continued occupation, the resumption of the armed conflict since 2020,
and the refugee situation, along with the resulting resource limitations and the
fragility of the economic and social infrastructure. Furthermore, Sahrawi women in
the occupied territories face highly complex conditions characterized by the
intersection of gender-based violence and oppressive practices linked to the political
context, amidst an absence of protection and accountability mechanisms.
In this framework, the Sahrawi State maintains that the assessment of the Maputo
Protocol's implementation in its case must take this specificity into account, as it is a
91
determining factor in the State's ability to fulfill its obligations. This should not serve
as a justification for inaction, but rather as a catalyst for continued efforts toward
achieving gradual and sustainable progress.
Accordingly, the Sahrawi Arab Democratic Republic renews its commitment to further
promoting women's rights, developing its policies and institutions, and working
toward full compliance with the provisions of the Maputo Protocol, within an
approach based on gradualism, realism, and adherence to the fundamental principles
of justice and human dignity.
XI.
Call to the African Commission on Human and Peoples'
Rights
In light of the above, the Sahrawi Arab Democratic Republic (SADR) addresses the
African Commission on Human and Peoples' Rights with a call based on the spirit of
partnership and shared responsibility in promoting and protecting human rights
across the African continent.
The State emphasizes the importance of the Commission taking into account the
specific context in which the provisions of the Maputo Protocol are implemented in
Western Sahara, as a case of decolonization that has yet to be completed. This
situation results in complex challenges that directly impact the effective enjoyment of
women's rights, particularly in light of the continued occupation and the resumption
of armed conflict.
Furthermore, the State calls upon the Commission to devote special attention to the
situation of Sahrawi women in the occupied territories by strengthening monitoring
and documentation mechanisms. It urges the Commission to prioritize the inclusion
of violations committed against them—including gender-based violence in the context
of occupation—and to ensure accountability for those responsible, in accordance with
the provisions of the Maputo Protocol and the African Charter on Human and Peoples'
Rights.
The Sahrawi Arab Democratic Republic expresses its readiness to strengthen
cooperation with the Commission and to engage with its various mechanisms,
including benefiting from technical support and capacity-building, with the aim of
enhancing the implementation of its obligations and developing its policies regarding
women's rights.
It also calls for support for efforts aimed at empowering Sahrawi women—whether in
refugee camps, the occupied territories, or the diaspora—to ensure their full and
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effective participation in various spheres of life and to enhance their role as
fundamental actors in peacebuilding and development.
In this context, the State reiterates that achieving the full enjoyment of women's rights
in Western Sahara remains contingent upon enabling the Sahrawi people to exercise
their inalienable right to self-determination, which serves as the foundation for all
other rights.
Accordingly, the Sahrawi Arab Democratic Republic calls upon the African Commission
to continue fulfilling its role in protecting and promoting human rights, ensuring that
no one is left behind, and upholding the principles of justice and equality upon which
the African Human Rights System is built.
93
Report of the Sahrawi Arab Democratic Republic on the
Implementation of the Provisions of the African Union
Convention for the Protection and Assistance of Internally
Displaced Persons in Africa (Kampala Convention)
May 2026
94
Tabel of Content
I.
II.
Introduction and Reference Framework ....................................... 96
The Special Context of Displacement in the National Case ................... 97
III.
Implementation of the Kampala Convention .........................................99
1.
General Framework for Implementation .............................................. 99
2.
Article 3: General Obligations ................................................................. 99
3.
Article 4: Protection from Internal Displacement ................................ 100
4.
Article 5: Protection and Assistance ..................................................... 101
5.
Article 7: Protection in Situations of Armed Conflict .......................... 102
6.
Article 11: Sustainable Return and Resettlement ................................ 103
IV.
Conclusion………………………………………………………………………………………104
V.
Appeal to the African Commission on Human and Peoples' Rights…..106
95
I.
Introduction and Reference Framework
The Sahrawi Arab Democratic Republic is honored to submit its report on
the implementation of the provisions of the African Union Convention for
the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention), within the framework of its obligations under
Article 14 (4) of the Convention, read in conjunction with Article 62 of the
African Charter on Human and Peoples' Rights, which obliges States Parties
to provide information on legislative, administrative, and other measures
taken to implement the provisions of the Convention.
The Sahrawi Arab Democratic Republic ratified the Kampala Convention in
2013, reaffirming its commitment to contributing to African efforts aimed
at promoting the protection and assistance of internally displaced persons,
as they are among the groups most vulnerable to fragility and violations in
contexts of conflict and disasters.
The preparation of this report relied on data issued by relevant Sahrawi
national institutions regarding internally displaced persons, the liberated
territories, and the national rural areas, in order for the report to reflect
the full truth of the difficulty of applying the provisions of the Kampala
Convention in the Sahrawi case, which poses complex legal and factual
issues, given the structural specificity that characterizes this context, where
the situation of internal displacement overlaps with asylum, occupation,
and the continuation of the conflict.
According to the definition contained in Article 1 of the Convention,
internally displaced persons are persons who have been forced to flee their
places of habitual residence as a result of conflicts, human rights violations,
or disasters, without crossing internationally recognized state borders.
In the Sahrawi case, a large part of the population was forced to leave the
territory since 1975 as a result of the Moroccan invasion and settled in
refugee camps in Tindouf, which makes the characterization of their legal
96
status fall primarily within asylum, not internal displacement. However, this
characterization does not negate the existence of groups within the national
territory, especially in the liberated areas, who have lived and are living
through patterns of forced displacement, whether as a result of military
operations or natural disasters.
This complexity increases in light of the continued Moroccan occupation of
parts of the territory, where the Sahrawi people in those areas is subject to
de facto authorities, while the Sahrawi state bears its responsibilities
towards the population in the liberated areas and refugee camps, within a
framework of limited resources and a fragile humanitarian context.
Based on this specificity, the Sahrawi Arab Democratic Republic presents
this report within an interpretative and realistic approach, aimed at
highlighting the measures taken to protect the groups that can be included
within the scope of the Kampala Convention, while highlighting the
challenges posed by this atypical context on the implementation of the
provisions of the Convention.
II.
The Special Context of Displacement in the
National Case
In the context of the Sahrawi Arab Democratic Republic, the issue of
internal displacement cannot be addressed in isolation from the historical
and political developments witnessed by the territory since 1975, as the
Moroccan invasion of Western Sahara led to the large-scale displacement
of the Sahrawi population, who were forced to leave their lands to escape
the violations committed at that time, leading to the emergence of a
complex situation that combines forced displacement and asylum .
A large part of this population found refuge in the Tindouf area, where
refugee camps were established bearing the names of the occupied
Sahrawi cities, in a symbolic expression of the connection to the original
land. Since the proclamation of the Sahrawi Arab Democratic Republic, the
97
refugees, with the support of the Sahrawi state and in cooperation with
international partners, have worked to build government institutions and
provide basic services, despite limited resources and the conditions of
asylum.
However, this picture does not reflect the entire reality, as some Sahrawi
families preferred to maintain their traditional lifestyle based on nomadism
and continued to reside within the liberated territories, in areas including
in particular: Agwanit, Bir Lehlou, Tifariti, Dougaj, Meherize, Mijek, and Zug.
This category constitutes a special
model of the population that can be included within the scope of
internal displacement, given that they live within the national territory in
conditions characterized by fragility and instability.
The situation of this population has become significantly more complicated
since the resumption of hostilities in November 2020, as Sahrawi civilians
in the liberated territories have become targets of systematic military
attacks, including the use of drones. Available data indicates that during the
period between 2020 and 2024, a total of 123 attacks targeting about 300
people were recorded, leading to more than 160 victims, including 127
civilians, where the death rate was about 63% of the total victims, while
2021 recorded the highest level of violence with 47 attacks, equivalent to
38% of the total attacks.
These attacks resulted in an extremely dangerous humanitarian reality, as
a large number of the nomadic population was forced to leave their original
areas and move to refugee camps, in a new movement of forced
displacement, which led to their transformation from persons displaced
within their land to refugees outside it. This transformation reflects a
continuous pattern of forced displacement, which is not limited to the
initial displacement resulting from the invasion, but is renewed by military
operations, leading to a gradual emptying of the liberated territories of
their original inhabitants.
98
The impact of this situation is not limited to the humanitarian dimension,
but extends to threatening the traditional lifestyle of the Sahrawi nomads,
based on nomadism and connection to the land, which constitutes an
infringement on the cultural and social identity of this group, and poses
additional challenges in relation to the realization of the rights stipulated
in the Kampala Convention, especially in the absence of stability and the
continuation of security threats.
Based on this, the Sahrawi Arab Democratic Republic believes that the
Sahrawi case highlights a complex form of displacement that goes beyond
the traditional definition contained in the Convention, where internal
displacement overlaps with asylum, in a context characterized by the
continuation of occupation and conflict, which calls for an interpretative
approach that considers this specificity when assessing the extent of
implementation of the provisions of the Kampala Convention .
Implementation of the Kampala Convention
1. General Framework for Implementation
III.
Despite the specificity that characterizes the Sahrawi case, and the legal and
practical complexities it poses in relation to the application of the Kampala
Convention, the Sahrawi Arab Democratic Republic has sought to activate
its obligations under the Convention, through the adoption of a set of
legislative, institutional, and practical measures, aimed at protecting the
population living in situations that can be included within the scope of
internal displacement, especially in the liberated areas .
These measures have been developed within a realistic approach that
takes into account the limited resources and the nature of the security
context, with a focus on meeting the basic needs of the population, and
ensuring a minimum of protection in the face of risks associated with
conflict and disasters.
2. Article 3: General Obligations
In the framework of implementing the general obligations stipulated in
99
Article 3 of the Kampala Convention, the Sahrawi state worked to establish
an organized institutional framework for managing the affairs of the
population residing in the liberated areas, in a way that ensures
coordination between the various sectors concerned, and response to
basic needs in various fields.
In this context, the High National Committee for the Supervision of the
Liberated Areas was established as a multi-sectoral coordination
mechanism, including the Ministries of National Defense, Interior, Health,
Education, and Social Affairs, and works in direct coordination with the local
citizens, with the aim of ensuring that their needs are met in the social,
economic, political, and civil fields.
Presidential instructions were also issued to activate the role of the
Ministry of Reconstruction, so that its programs include the inhabitants of
the liberated areas, given their fragile situation, which is close in nature to
the conditions of internally displaced persons, which reflects an
institutional awareness of the specificity of this category and the need to
integrate them into public policies.
In the framework of strengthening prevention and response capacities, a
community- based early warning mechanism was adopted, relying on
networks of civilians, which is responsible for transmitting information
related to the security situation or natural
disasters, allowing the possibility of taking proactive measures, including
prior evacuation when necessary. This mechanism is an example of
innovative local approaches that rely on mobilizing the community as a
main actor in the protection system.
3. Article 4: Protection from Internal Displacement
In the framework of obligations related to the prevention of internal
displacement, the Sahrawi state adopted a set of measures aimed at
reducing the risks of natural disasters, especially in light of the arid nature
of the region, which makes the population vulnerable to sudden
environmental phenomena.
100
In this context, a plan was developed to deal with seasonal floods, which
included digging drainage channels and distributing water-resistant tents,
in addition to providing mobile water tanks, with the aim of mitigating the
effects of these disasters on the population.
Volunteer emergency teams were also established from among the
nomadic population themselves, trained to provide first aid and intervene
in emergencies, whether related to natural disasters, such as sandstorms
and drought, or in the context of military attacks, which enhances the
resilience of local communities in the face of risks.
In this framework, the Sahrawi Red Crescent plays a fundamental role in
supporting protection efforts, as it manages mobile medical convoys, no
less than two convoys, providing emergency services and medical
evacuation to health centers located in the liberated territories or to
refugee camps in Algeria for critical cases, in coordination with the
competent authorities.
The Red Crescent also contributes to the distribution of humanitarian aid,
including food, medicines, and blankets, and works on training its
volunteers on the principles of international humanitarian law and the
protection of civilians in armed conflicts, which enhances the preventive
and human rights dimension of its intervention.
4. Article 5: Protection and Assistance
In the framework of implementing the obligations stipulated in Article 5 of
the Kampala Convention, related to ensuring protection and assistance
for internally displaced persons, the Sahrawi Arab Democratic Republic
adopted a multi- dimensional approach aimed at meeting the basic needs
of the population residing in the shadow areas and the national rural areas
of the liberated territories, with a focus on vital sectors related to health,
education, and psychological and social protection.
In the field of healthcare, a mobile service system was developed that fits
101
the nature of the lifestyle based on nomadism, where three solar-powered
mobile health clinics were established, moving between the locations of the
nomadic population according to seasons and water sources, ensuring the
continuity of providing health services despite the wide geographical area
and the difficulty of access. Vaccination services are also provided,
especially for children, and safe motherhood programs, through medical
teams belonging to the Ministry of Health, which conduct field missions
lasting for weeks, within the framework of efforts aimed at ensuring a
minimum of preventive healthcare.
As for intractable medical cases, they are transferred to national hospitals,
with recourse in some cases to evacuation to refugee camps, which reflects
the limited capabilities available in the liberated areas, and at the same
time the state's commitment to ensuring the right to treatment.
In the education sector, a flexible educational model was adopted that
responds to the specificity of the context, where schools were established
close to nomadic gatherings, allowing approximately 400 children annually
to benefit from basic educational programs, which are adapted to the
nature of movement. Also, 110 women who preferred, along with their
families, to maintain the traditional lifestyle based on nomadism benefited
from a program carried out by the Ministry of Welfare and the Promotion
of Women's Affairs that targeted 8810 rural women on the use of
information and communication technology. A study day on the rights of
internally displaced persons and the principles of the Kampala Convention
was also dedicated within the activities carried out by the Ministry of
Reconstruction of the Liberated Territories, contributing to enhancing
rights awareness among the rising generations.
In terms of psychological and social protection, the state worked on
establishing mobile support units, aimed at addressing the psychological
effects resulting from military attacks, especially among women and
children, who constitute the groups most affected. Testimonies of
survivors of airstrikes were also documented within a national archive of
violations, which is seen as a future tool to support the rights of victims
102
within any path of justice or settlement.
These measures reflect the state's commitment to ensuring a
comprehensive approach to protection, which is not limited to immediate
response, but extends to include the psychological, social, and human
rights dimensions associated with the situation of displacement.
5. Article 7: Protection in Situations of Armed Conflict
Following the resumption of hostilities on November 20, 2020, the Sahrawi
Arab Democratic Republic took a set of extraordinary measures aimed at
strengthening the protection of the civilian population in the liberated
areas, in line with the provisions of Article 7 of the Kampala Convention,
which obliges states to take the necessary measures to ensure the
protection and assistance of displaced persons in the context of armed
conflicts.
These measures included, first, the organization of voluntary evacuation
operations for the civilian population from areas that have become directly
vulnerable to attacks, especially in the areas of Agwanit and Tifariti, where
they were transferred to refugee camps southeast of Tindouf, with the
provision of emergency housing for each family, within the framework of a
humanitarian response aimed at reducing risks and protecting lives .
Human rights monitoring points were also established in the border areas,
where trained observers were deployed to document aerial and ground
violations, and prepare immediate reports directed to the relevant
international bodies, including the United Nations, which reflects a trend
towards strengthening monitoring and accountability mechanisms .
In the framework of ensuring the continuity of humanitarian supplies, work
was done, in cooperation with the Sahrawi authorities and the Sahrawi Red
Crescent, to identify relatively safe routes for bringing food and medicines
into the liberated areas, despite the challenges associated with the
repeated targeting of civilians, especially through drones.
103
The capacities of the Sahrawi Civil Defense were also strengthened,
through the training of at least 150 volunteers on rescue, evacuation, and
first aid operations, and providing them with the necessary equipment to
perform their duties, which contributed to improving the emergency
response in conflict-affected areas.
These measures collectively reflect the state's commitment to activating an
approach based on preventive protection and rapid response, despite
security and logistical challenges, ensuring the reduction of the effects of
the conflict on the civilian population, especially the most vulnerable
groups.
6. Article 11: Sustainable Return and Resettlement
In the framework of the obligations stipulated in Article 11 of the Kampala
Convention, related to ensuring voluntary, safe, and dignified return, or
local integration, or sustainable resettlement of internally displaced
persons, the Sahrawi Arab Democratic Republic affirms that achieving these
goals remains dependent on the availability of objective conditions that are
still non-existent in the Sahrawi context, foremost of which is ending the
Moroccan military occupation, and ensuring security and stability in the
liberated territories.
Despite the absence of these conditions, the Sahrawi state has begun to
think about developing strategic visions aimed at framing the post-conflict
phase, in a way that ensures a gradual and organized return of the
population who were forced to leave their original areas, especially from
the nomadic category who represent a fundamental component of the
social and cultural fabric.
In this framework, the state is working on developing a program for gradual
voluntary return, to be activated as soon as appropriate conditions are
available, through opening safe corridors that allow the population to
return to their original lands, accompanied by a package of supporting
measures that include providing tents suitable for climatic conditions, and
104
providing support for rebuilding traditional livelihoods, especially through
providing livestock, including goats and camels, in addition to digging wells
to ensure the sustainability of water resources .
The state has also initiated a process of community documentation of
traditional lands, including the identification of the locations of wells,
pastures, and cemeteries, which were affected by the conflict and the
construction of the sand wall, with the aim of preserving collective
memory, facilitating the reconstruction process, and ensuring a fair and
organized distribution of lands after the restoration of national
sovereignty.
In parallel, the state intends to integrate the process of returning displaced
persons within a broader framework that includes national reconciliation
programs, through the adoption of mechanisms to compensate those
affected for the material and psychological losses they incurred as a result
of displacement and attacks, which contributes to rebuilding the social
fabric and strengthening community cohesion.
These measures reflect the state's commitment to a proactive approach in
dealing with the post-conflict phase, based on the link between return,
reconstruction, and development, in a way that ensures the sustainability
of solutions and prevents the reproduction of displacement conditions.
IV.
Conclusion
The Sahrawi Arab Democratic Republic affirms that internal displacement
represents one of the most prominent humanitarian challenges in the
African continent, where estimates indicate that the number of people
affected by this phenomenon is about 35 million people, which reflects the
scale and complexity of this issue at the continental level.
In this context, the Sahrawi state realizes the special importance of the
Kampala Convention, as an advanced African legal framework aimed at
105
ensuring protection and assistance for internally displaced persons, and
confirms its commitment to contributing to the activation of this
framework, despite the structural challenges it faces.
The Sahrawi state is also aware of the fragility of the conditions in which
the populations affected by displacement live, whether in the liberated areas
or in refugee camps, and confirms its determination to continue efforts
aimed at developing a legal and institutional framework and public policies
specifically directed at addressing this phenomenon, as soon as
appropriate conditions are available, foremost of which is ending the
occupation and restoring sovereignty over the entire national territory .
In this framework, the state believes that the Sahrawi case represents a
special model that tests the ability of the African system to deal with
complex situations, in which internal displacement overlaps with asylum,
in a context of extended conflict and continuous occupation, which calls
for a flexible approach that considers this specificity when assessing the
implementation of the provisions of the Convention.
V.
Appeal to the African Commission on Human
and Peoples' Rights
In light of the above, the Sahrawi Arab Democratic Republic addresses the
African Commission on Human and Peoples' Rights with an appeal based
on the principles of partnership and shared responsibility, in order to
strengthen the protection and assistance of internally displaced persons in
the African continent, with special attention to cases characterized by
complex specificity, as is the case in the Sahrawi situation.
In this framework, the state calls on the Commission to send an
independent assessment mission to the liberated areas and refugee
camps, with the aim of identifying the reality of displacement and the needs
of the population, and providing recommendations based on field
observation.
106
It also calls for the condemnation of the deliberate targeting of Sahrawi
civilians in the liberated areas, which constitutes a flagrant violation of the
Kampala Convention and international humanitarian law, especially in light
of the documentation of the use of drones in targeting the civilian
population.
The Sahrawi Arab Democratic Republic also calls for demanding the
Kingdom of Morocco, in its capacity as a member state of the African
Union, to cease policies of forced displacement, and to ensure unhindered
access for humanitarian aid to the affected areas, in line with relevant
African and international obligations.
Based on this, the state affirms that the protection of internally displaced
persons in Western Sahara cannot be separated from the broader context
related to ending the occupation, and ensuring respect for international
law, allowing for a radical addressing of the causes of displacement, and
ensuring that the population fully enjoys their rights .
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GENERAL CONCLUSION
By ratifying the African Charter on Human and Peoples' Rights, the Saharawi Republic
reaffirms its constant commitment to the protection and promotion of human rights at the
national and continental levels, as well as its willingness to contribute to the development of a
regional system based on the values of justice and equality, guaranteeing the dignity of
peoples. The Saharawi Republic has devoted its efforts to harmonizing its national legislation
with the provisions of the Charter, to implementing legal and procedural frameworks ensuring
the effective enjoyment and protection of these rights, thereby strengthening the rule of law,
transparency and accountability.
The persistent violations suffered by the Saharan people, particularly in the occupied
territories, is the direct consequence of the denial of their fundamental right to selfdetermination. These territories are subject to a total security and military blockade imposed
by the Moroccan occupation forces, which systematically obstruct any international
monitoring. For this reason, the United Nations and African Union human rights mechanisms
have been unable to provide any assistance to victims, or even to document and follow up on
serious and ongoing violations.
Despite these obstacles, the Sahrawi Republic confirms its full readiness to cooperate with the
African Commission on Human and Peoples' Rights, its rapporteurs and working groups, in
order to strengthen the protection of human rights, monitor the situation and produce reports
on the occupied territories, the liberated territories and the Sahrawi refugee camps. The
Saharawi Republic calls on African mechanisms to draw inspiration from the methods of many
international human rights organizations, which circumvent the restrictions imposed by the
occupation by exploiting digital means of communication to collect testimonies from victims,
collaborate with Saharawi civil society organizations and interact with human rights defenders
living under occupation, including Sahrawi political prisoners held in Moroccan prisons.
In conclusion, the Sahrawi Arab Democratic Republic reaffirms its willingness to strengthen
constructive cooperation with the African Commission on Human and Peoples’ Rights, to
provide the necessary information and to respond to any request for clarification. It underlines
that the protection and guarantee of human rights is a shared responsibility, requiring the
combination of international and regional efforts to put an end to violations, consolidate the
rule of law and ensure respect for the fundamental rights of the Sahrawi people on the totality
of his land.
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