Spanish parliament backs citizenship for Western Saharans born before 1977

Madrid, Spain – For Mohamed Mohamedna, it was a historic moment.

On Thursday, the Spanish parliament backed citizenship for Western Saharans born in the North African territory when Madrid ruled it as a colony.

Like other campaigners, 52-year-old Mohamedna had been waiting for years for this gesture.

“This is a great, historic day,” he told Al Jazeera. “I have been living in Spain for 21 years but I have always been classed as having ‘no state’.”

Mohamedna, who has been living in Vitoria in northwestern Spain and works for a private company, has been stateless since he arrived in Spain.

Spain’s lower house of parliament overwhelmingly voted for the move, which analysts say could benefit more than 100,000 Sahrawis.

Mohamedna hopes he will soon be able to apply for a Spanish passport.

But the bill, which requires Senate approval before becoming law, comes amid tensions between Spain and Morocco after more than 70,000 migrants crossed into Spain’s North African enclave of Ceuta in July.

Rabat on Thursday refuted claims by Spanish opposition parties that it had been involved in the mass crossing which caused an international diplomatic row.

The Moroccan foreign ministry said, “Why continue to level accusations against Morocco when no evidence, facts or reports establish any involvement on the part of Moroccan authorities?”

From 1884 until 1976, Western Sahara was under Spanish colonial rule. Morocco has long laid claim to the area, which the United Nations classifies as a non-self-governing territory.

Attempts to organise a referendum on whether it should become independent or a part of Morocco have lagged for years.

Spanish law says it will “recognise the Sahrawi population’s ties to Spain” and would also allow descendants of those granted citizenship to gain it.

According to representatives from the Algeria-backed Polisario Front, the independence movement which has fought for freedom for the territory from Morocco, some 110,000 Sahrawis could be eligible for Spanish citizenship.

Once the law takes effect, applicants have three years in order – extendable to four years – to seek citizenship. Up to 70,000 Sahrawis can get Spanish citizenship as well as their direct descendants – their sons or daughters – who will have five years to apply after their parents are registered.

Sahrawis will be eligible to access nationality by residence via an accelerated route, needing only two years of legal residence in Spain instead of 10 years generally required for nationality.

This will put them on equal standing with citizens of most Latin American countries, Sephardic Jews, nationals of the Philippines, Equatorial Guinea and Portugal.

The bill was passed by 168 votes in favour with 31 votes against.

The ruling Socialists, the far-left Sumar and other regional parties supported the bill, while the opposition conservative People’s Party (PP) abstained and the far-right Vox party voted against it.

“With the adoption of this legislation, we are restoring – and I emphasise, restoring – the Spanish national identity card to those Sahrawis who once held it and from whom this state took it away,” said Tesh Sidi of the leftist Sumar coalition, who is the first woman of Sahrawi origin to serve in parliament, Reuters reported.

Spain and Morocco have a sticky diplomatic relationship over issues including migration, airspace, territorial waters, customs and land borders.

Pablo Simon, a political analyst at the University Carlos III in Madrid, warned of a clash with Morocco.

“There are always reasons for confrontations between Spain and Morocco,” he told Al Jazeera. “But this is a historic [restoration of nationality] on the part of Spain. Even the opposition PP has abstained.”

However, Rabat has not officially condemned the citizenship move for Sahrawis.

In 2020, Morocco agreed to reopen its diplomatic mission in Tel Aviv as part of the Abraham Accords signed during United States President Donald Trump’s first term. In return, the US recognised Moroccan sovereignty over Western Sahara.

Last year, the US government said it was authorising major investments in Moroccan-controlled Western Sahara.

The Polisario Front independence movement seeks recognition of an independent state called the Sahrawi Arab Democratic Republic. Many Sahrawis live in refugee camps in Tindouf, Algeria, or elsewhere abroad, while others remain in Western Sahara.

Spain had supported a referendum in the territory – in line with UN resolutions – until Pedro Sanchez’s government made a surprise change of policy in 2022 and backed Morocco’s position.

The policy switch came in the wake of the crossing of more than 8,000 migrants into Ceuta in 2021. Rabat said it had allowed the migrants to cross the border from Morocco into the Spanish enclave in reprisal for Spain treating a Polisario leader, Brahim Ghali, in hospital in Logrono for COVID.

Tensions eased somewhat after the shift, with Madrid describing Rabat’s autonomy proposal for Western Sahara as “serious, credible and realistic”.

The law which has granted citizenship to Sahrawis is part of a series of initiatives under the so-called “grandchildren law”, which allowed descendants of Spaniards who went into exile or emigrated during the Spanish Civil War, between 1936-1939 and during the dictatorship of General Francisco Franco until 1975, to claim citizenship.

In a move to avoid controversy with Morocco, the Socialist government agreed to remove the words “Sahrawi people” and replace it with “Sahrawi population” or simply “Sahrawis”. But this upset the Socialists’ left-wing allies, Sumar, and they were defeated.

To prove Sahrawi status, applicants may show a variety of documents, including a receipt showing registration on the United Nations roll for the Western Sahara self-determination referendum, which never took place as it was banned by Rabat.

Other examples of proof include a driver’s licence, a pension payment receipt, and other documents issued by a Spanish administration showing birth in the territory before September 29, 1977.

“We have been fighting for this for many years and finally it has come to pass,” said Mohamedna.