Legal System of Western Sahara

Western Sahara is located in Africa. It is geographically situated in northern africa, bordering the north atlantic ocean, between mauritania and morocco.

Government Overview

Government Type: legal status of territory and issue of sovereignty unresolved; territory contested by Morocco and Polisario Front (Popular Front for the Liberation of the Saguia el Hamra and Rio de Oro), which in February 1976 formally proclaimed a government-in-exile of the Sahrawi Arab Democratic Republic (SADR), near Tindouf, Algeria, led by President Mohamed ABDELAZIZ until his death in May 2016; current President Brahim GHALI elected in July 2016; territory partitioned between Morocco and Mauritania in April 1976 when Spain withdrew, with Morocco acquiring northern two-thirds; Mauritania, under pressure from Polisario guerrillas, abandoned all claims to its portion in August 1979; Morocco moved to occupy that sector shortly thereafter and has since asserted administrative control; the Polisario’s government-in-exile was seated as an Organization of African Unity (OAU) member in 1984; Morocco between 1980 and 1987 built a fortified sand berm delineating the roughly 75% of Western Sahara west of the barrier that currently is controlled by Morocco; guerrilla activities continued sporadically until a UN-monitored cease-fire was implemented on 6 September 1991 (Security Council Resolution 690) by the United Nations Mission for the Referendum in Western Sahara (MINURSO) Administrative Divisions: none officially; the territory west of the Moroccan berm falls under de facto Moroccan control; Morocco claims the territory of Western Sahara, the political status of which is considered undetermined by the US Government; portions of the regions Guelmim-Es Smara and Laayoune-Boujdour-Sakia El Hamra, as claimed by Morocco, lie within Western Sahara; Morocco also claims Oued Eddahab-Lagouira, another region that falls entirely within Western Sahara Suffrage: none; (residents of Moroccan-controlled Western Sahara participate in Moroccan elections)

Legal System

Constitutional Framework

Judicial Branch

Legislative Branch

Citizenship and Suffrage

Suffrage: none; (residents of Moroccan-controlled Western Sahara participate in Moroccan elections)

Historical Background

Western Sahara is a non-self-governing territory on the northwest coast of Africa bordered by Morocco, Mauritania, and Algeria. After Spain withdrew from its former colony of Spanish Sahara in 1976, Morocco annexed the northern two-thirds of Western Sahara and claimed the rest of the territory in 1979, following Mauritania’s withdrawal. A guerrilla war with the Polisario Front contesting Morocco’s sovereignty ended in a 1991 cease-fire and the establishment of a UN peacekeeping operation.

This article provides a summary of the legal system and governmental structure of Western Sahara based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.