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Nationality and statelessness among persons of Western Saharan origin

Manby, Bronwen ORCID: 0000-0002-7027-0431 (2020) Nationality and statelessness among persons of Western Saharan origin. Tottel's Journal of Immigration, Asylum and Nationality Law, 34 (1). 9 - 29. ISSN 1746-7632

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The territory of Western Sahara has a highly anomalous position in international law. It is categorised by the United Nations as a ‘non-self-governing territory’, but, unlike other similar territories, the state in effective control of the territory (Morocco) is not recognised as governing lawfully. The nationality status of those with a connection to the territory is thus complex. This article concludes that, with exceptions, those people who were habitually resident in the territory at the time of Moroccan occupation and who have remained there, or who have returned to the Moroccan-administered part of the territory, and whom Morocco considers to be nationals, may be recognised as such by other states. Those who did not remain and have not returned cannot be considered to be Moroccan nationals nor required to seek or accept Moroccan nationality. If they have not acquired any other nationality, they must be considered to be stateless persons.

Item Type: Article
Official URL:
Additional Information: © 2020 Bloomsbury Professional Limited 2020
Divisions: Sociology
Middle East Centre
Subjects: K Law > KZ Law of Nations
J Political Science > JV Colonies and colonization. Emigration and immigration. International migration
J Political Science > JC Political theory
D History General and Old World > DT Africa
Date Deposited: 23 Mar 2020 14:42
Last Modified: 06 Nov 2021 00:14

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