Constitution of the Sahrawi Arab Democratic Republic
A constitution of the Sahrawi Arab Democratic Republic was first promulgated in 1976, but it has been revised several times since then. The last major redrafting came in 1991, but this version was further changed by the Sahrawi National Council — the SADR's parliament in exile — in 1995 and 1999.
The constitution provides for a separation of powers between judicial, legislative, and executive branches. It names Arabic as the national language and Islam as the state religion, and grants every citizen freedom of speech and the right to property. It further determines that an independent Western Sahara will be a multiparty democracy with a market economy. Presently, however, the constitution ties the SADR to the Polisario Front, which is working to establish an independent Western Sahara. For example, the Secretary General of the Polisario Front is constitutionally identical to the President of the Sahrawi Arab Democratic Republic, until the achievement of independence.
This is because the constitution differentiates between before and after the Western Sahara is independent. Thus, several clauses will not come into effect until the proclamation of independence, and various changes in the political order will then occur. Among other things, the constitution details a transitional phase after independence has been declared in which the POLISARIO is detached from the republic and transformed into a political party among others. As such, the SADR remains a dominant-party system.
For information on the institutions and elections that are regulated in the constitution of the SADR, see here and here. For information on the political institutions of the Polisario Front, see here.Preamble
The following is an English translation of the 1999 version preamble of the Constitution of the SADR.General principles
The following is an English translation of the 1999 version General principles of the Constitution of the SADR.
- 1st Chapter: Saguia el-Hamra y Rio de Oro
- 2nd Chapter: People
- 3rd Chapter: State
- 4th Chapter: Rights and constitutional guarantees
- 5th Chapter: Liabilities