Press release – Congress of Deputies
The Plenary has approved, by 168 votes in favour, 118 against and 53 abstentions, to initiate the processing of the bill on granting Spanish nationality to Saharawis born under Spanish sovereignty. The initiative passes its first parliamentary examination after having been submitted to the Lower House for consideration.
The text, presented by the Confederal Parliamentary Group of Unidas Podemos-En Comú Podem-Galicia en Común, proposes the granting of Spanish nationality to Saharawis born in the territory of Western Sahara under the sovereignty of Spain, establishing the means of proof and the procedure for obtaining nationality, and thus seeks to recognise “the profound link between Western Sahara and Spain”. To this end, the law is structured in two articles, an additional provision and five final provisions.
Concession of Spanish nationality by letter of nature
The bill establishes that Spanish nationality by letter of nature may be acquired by Saharawis born in the territory of Western Sahara before 26 February 1976, even if they do not have legal residence in our country, and their status as Saharawis born in this territory must be accredited by a series of means of proof, assessed as a whole: the Spanish National Identity Card, the Certificate of registration in the census for the Referendum of Western Sahara, the Certificate and birth certificate, the family book and documents proving the status of public employee and their birth in Western Sahara before 26 February 1976.
The article also provides for the possibility that the descendants in the first degree of consanguinity of Saharawis who have acquired Spanish nationality by letter of nature under this law have a period of 5 years to opt for Spanish nationality, counting from the registration in the Civil Registry of the acquisition of Spanish nationality of any of their parents.
Procedure and resolution
The second article of the text regulates the procedure for acquiring Spanish nationality, which must be submitted within two years, with the possibility of extension for an additional year, to the Directorate General of Legal Security and Public Faith of the Ministry of Justice through the form established in Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
This application must be accompanied, in addition to the documents accrediting the status of Saharawi born in the territory of Western Sahara before 26 February 1976, by a current certificate accrediting the absence of a criminal record, legalised or apostilled and, where appropriate, translated, corresponding to the countries in which he/she has resided in the last five years, or justification of the impossibility of obtaining it.
The granting decision will be issued and notified to the interested parties within one year of receipt of the application, allowing registration in the Civil Registry, subject to compliance with the requirement of the oath or promise of loyalty to the King and obedience to the Constitution and the laws required in Article 23(a) of the Civil Code.
On the other hand, this legislative initiative also includes a single additional provision relating to entries in the Civil Register and five final provisions.
Parliamentary procedure
Once this first parliamentary examination has been passed, the text will be referred to the competent committee and the period for the presentation of amendments will begin, which, as Article 126.5 of the Rules of Procedure of the Congress emphasises, may be to the whole of the alternative text or to the articles. In the event that amendments to the whole text are tabled, the text must pass the debate before the plenary. Subsequently, the initiative would continue, if necessary, to be dealt with in the committee and in the committee, before being sent to the Senate.
