CONASADH

2023

Introduction

1. The Sahrawi Republic occupies an important space in North West Africa. It is an African, Arab, Islamic state that forms an indivisible part of the Great Maghreb.
2. The Sahrawi people made great sacrifices throughout their resistance and struggle for the exercise of their inalienable right to self-determination and independence just like all the other African peoples that gained their independence.
3. The Sahrawi Republic believes in the African unity as a primary objective as has been affirmed in the Preamble of the Sahrawi Constitution which stresses the importance of ensuring African Unity, establishment of a world where peace and security prevail based on strong international relations informed by cooperation, solidarity and mutual respect.
4. As a founding member of the Pan African Organization, the African Union, the Sahrawi Republic upholds the noble values and principles enshrined in the African Charter on Human and Peoples Rights to which it adhered on the 2^nd of May 1986 and which represents a charter of shared ideals and values of the peoples of our continent.
5. This booklet reflects the Sahrawi State’s commitment to the promotion of human and peoples’ rights and their harmonization with the provisions and contents of the African Charter on Human and Peoples Rights. Despite the challenges and compelling circumstances (lack of experience and scarcity of financial resources) that impact negatively on the efforts deployed by the relevant institutions of the State concerned with the promotion of the provisions of the African Charter and despite Morocco’s occupation of a large chunk of Western Sahara territory and its illegal exploitation of its natural resources, the Sahrawi State has responded to these contents for the development and prosperity of its people as well as the.

Legal Background

6. Since 31 October 1975, the Kingdom of Morocco has illegally occupied parts of the Territory of Western Sahara in defiance of the UN Charter and international law, including the advisory opinion of the International Court of Justice of 16 October 1975 that clearly established that no tie of territorial sovereignty had ever existed between Morocco and Western Sahara. In 2002, Mr Hans Corell, the UN Under-Secretary-General for Legal Affairs, affirmed in his legal opinion that Morocco does not exercise any sovereignty or administering power over Western Sahara. Moreover, in accordance with its doctrine of not recognising as legal any territorial acquisition resulting from the use of force (res. 2625 (XXV) of 1970), the UN General Assembly has clearly described Morocco’s presence in Western Sahara as an act of occupation by force (res. 34/37 of 21 November 1979 and res. 35/19 of 11 November 1980).
7. The legal opinion of the Office of the Legal Counsel and Directorate for Legal Affairs of the African Union Commission, released in August 2015, stressing that the UN and the OAU/AU have recognised the unquestionable and inalienable right of the people of Western Sahara to a referendum for self-determination (para. 53-54), concluded also that Morocco is not an administering power over Western Sahara under Article 73 of the UN Charter nor does it have sovereignty over the Territory (para. 76).
8. Following the action brought on 19 November 2012 by the Frente POLISARIO against the EU Council’s decision 2012/497/EU of 8 March 2012 on the conclusion of an agreement between the EU and Morocco over reciprocal liberalisation measures on agricultural and fishery products, the General Court of the European Union in Luxembourg delivered its judgment, on 10 December 2015, granting the annulment of the contested decision insofar as it approves the application to Western Sahara of the agreement referred therein (para. 251.1). The judgment of the EU General Court, which recognised the legal capacity of the Frente POLISARIO, the sole and legitimate representative of the Sahrawi people, to contest the Council’s decision, also recalled that Morocco’s sovereignty over Western Sahara is not recognised by the European Union and its Member States or by the United Nations, noting the absence of any international mandate that may justify the Moroccan presence in this Territory (para. 241).
9. In view of the foregoing, Morocco is simply an occupying power of Western Sahara and, consequently, it has no right whatsoever to deal with third parties concerning the Territory or its resources.
10. In addition to its obstruction of the UN-OAU Settlement Plan of 1991, Morocco continues to exhibit the same obstructionist attitude towards the direct negotiation process between the two parties to the conflict, which was initiated under the UN auspices in 2007, as well as the on-going mediation efforts undertaken by the Personal Envoy of the UN Secretary-General for Western Sahara, Ambassador Christopher Ross.
11. Morocco also continues to violate human rights and international humanitarian law in the occupied territories of Western Sahara, as has been evidenced by many international and African human rights organisations. Moreover, Morocco persists in plundering the natural resources of the occupied Territory often in complicity with foreign entities. It has also continued its efforts to involve Governments, representatives of the public and private sectors and civil society organisations from around the world in acts intended to legitimise its illegal occupation of Western Sahara.

Data on the General Framework for the Promotion of Human Rights in the Sahrawi Republic in Accordance with the Constitution

General Information about the Sahrawi Republic

i) The Region

12. The Sahrawi Arab Republic is situated in the North Western part of the African Continent. It is an African, Islamic and Arab Country with Arabic as its official language. It has an area of 266,000 square kilometers and shares borders with Morocco to the north, Algeria to the east and Mauritania to the south.

ii) Population

13. There are no accurate statistics on the population of the Sahrawi Arab Democratic Republic due to the Moroccan occupation of a large portion of the Western Sahara since 1975. This has made it difficult to carry out a census of the entire Western Sahara population.
14. However, the population of the Sahrawi State in the liberated territories and Sahrawi refugee camps is estimated at 260,000.

iii) Language

15. Arabic is the official language of the country with Spanish as the second language. The majority of the Sahrawi people speak Hassaniyya Arabic dialect.

iv) Economy

16. In addition to the traditional economic resources such as livestock and agriculture in the lowlands, the inland areas along the Sahrawi coast are endowed with huge wealth which the Sahrawi people have so far not been able to exploit due to the Morocco military occupation of a large portion of Western Sahara .
17. The fishery resources (along the 1065 square kilometers Sahrawi coast) and phosphate mines in Bucraa (rich with uranium) are not the only natural resources in the region. There are strong indications that there are also important resources of petrol, gas, iron and other mineral in that area.

The Legal and Institutional Framework for the Promotion of Human Rights in the Sahrawi Republic

I. The Constitution

18. The Sahrawi Constitution underpins the strong will of the Sahrawi Republic to build constitutional and legal institutions within a republican framework based on democratic practices and principles of justice and equality as contained in the 2012 amended Constitution in line with the provisions of the African Charter.
19. Article 13 of the Constitution spells out the major objectives the Sahrawi people seek to achieve and which are reflected by the motto of the State that “the State derives its legality from the will of the people it serves”. Its motto is: “Freedom, Democracy and Unity”. The major objectives the Sahrawi State seeks to achieve, could be summed up thus:

• Freedom is the sacred collective demand of the Sahrawi people in their struggle for freedom from colonial and foreign domination;
• The democratic practice is the proper method of good governance chosen by the Sahrawi people for building their constitutional institutions and legal and judicial bodies;
• Unity means the unity of the Sahrawi people wherever they are, around the Polisario Front and within the context of the Sahrawi Republic in this phase of their struggle for the realisation of their legitimate aspirations for freedom and independence.

20. The Constitution is the supreme law that guarantees all their freedoms and rights contained therein. The Constitution also recognises the principle of separation of the three powers (the Executive, Legislative and Judiciary) in accordance with its Article.
21. The President of the Republic is the highest representative of the State who guarantees respect for the Constitution and is responsible for the preservation of the fundamental freedoms of citizens as enshrined in Statutes 51 and 52. He signs all the international laws, treaties, and conventions which are published in the official Gazette of the State after ratification by Parliament in accordance with the provisions of Article 55 of the Constitution.
22. The Preamble of the 2019 Sahrawi Constitution is in consonance with the contents of the Preamble of the African Charter on Human and Peoples Rights, particularly in relation to the objectives, rights and guarantees that should be enjoyed. For example, the Sahrawi Constitution stipulates that;

• Freedom and human dignity can only prevail in a society that upholds the rule of law;
• Determination to build democratic institutions that guarantee fundamental freedoms and human rights, including political freedom and economic, social and cultural rights as the well as the rights relating to the family as the core element of society;
• Compliance with the principles of justice and democracy contained in the Universal Declaration of Human Rights and within the context of the African Charter on Human and Peoples Rights and as stipulated in the international treaties ratified by the Sahrawi State.

23. For the implementation of the provisions of the Constitution on the ground, the Sahrawi Government has in recent years, proposed a body of laws and amendments to other laws and submitted them to the Sahrawi Parliament that ratified them after discussions and appropriate amendments. They entered into force and were published in the official Gazette. They serve and respond to the goals of promotion and defence of human rights in the Sahrawi State.

A. The Major Laws Ratified by the Sahrawi National Assembly (Parliament) in Recent Years

• Act No. 2003/1 dated 7 July 2003 contained in the Law of Events;
• Act No. 04/01 dated 20 April 2004 containing the amendments to the organic Law on Functional Relationship Between Parliament and Government;

• Act No. 04/02 dated 3 July 2004 on the Juvenile Law;
• Act No. 01/2005 dated 12 May 2005 on the Provisions of the Law on Departmental, Regional and Municipal Units;
• Act No. 2005/02 dated 14 May 2005 on the Provisions of the Law on Veterinary Service and Animal Health Protection;
• Act No. /01 dated 31 May 2006 on the Amended Law Supplementary to the Penal Code;
• Act No /02 dated 31 May 2006 on the Amended Law Supplementary to the Law on Juvenile Proceedings;
• Act No. 2007/01 dated 07 June 2007 on the Amended Law Supplementary to the Civil Law;
• Act No. 02/2007 dated 11 June 2007 on the Amended Law on Legal Mechanisms;
• Organic Act No 08/01 dated 12 June 2008 on the National Assembly and the Functional Relationship Between it and Government;
• Act No. 2008/001 dated 20 January 2008 on the Election of Members of the General Assembly;
• Elections Act No. 2009/03 dated 29 June 2009;
• Act No. 10/02 dated 18 July 2010 on the Amended and Supplementary Law No.2006/01 dated 31 May 2006 and Amending and Supplementing the Penal Code;
• Act No. 01/2010 dated 15 June 2010 Amending and Supplementing Act No. 05/01 dated 12 May 2005 on the Departmental and Regional Units;
• Act No. 10/03 dated 19 July 2010 Amending and Supplementing Act No. 04/02 dated 03 July 2004 on Practicing Law.

B. OAU/AU Treaties, Agreements and Conventions Signed and Ratified by the Sahrawi Republic

• The African Charter on Human and Peoples Rights ratified on 23 May 1984;
• The African Charter on the Rights and Welfare of the Child, ratified on 23 October 1992;
• The Constitutive Act of the African Union ratified on 2 January 2001;
• OAU Convention on the Prevention and Combating of Terrorism signed on 4 March 2002;
• The Protocol Establishing the AU Peace and Security Council, ratified on 26 May 2004;
• The Protocol to the African Charter on Human and Peoples Rights on the Establishment of the African Court on Human and Peoples Rights signed on 25 July 2007;
• The Protocol on the Establishment of the Pan-African Parliament, ratified on 12 June 2001;
• The Treaty on the Non-proliferation of Nuclear Weapons in Africa (The Pelindaba Treaty), signed on 20 June 2006;
• The Convention on the African Energy Commission, ratified 21 May 2007;
• The Treaty Establishing the African Economic Community, signed on 23 October 1992;
• The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women, signed on 4 June 2009;
• The AU Charter on Non-Aggression and Common Defense, ratified on 4 June 2009;
• The African Youth Charter, signed on 25 July 2010;
• The African Charter on Democracy, Elections and Governance, singed on 25 July 2010;
• The AU Convention on the Protection and Assistance to the Displaced Persons in Africa, signed on 23 October 2009;
• The African Charter on Values and Principles of Public Service and Administration, signed on 11 July 2011.
• The African Nuclear-Weapon-Free Zone Treaty (Pelindaba Treaty), Rights ratified on 27/01/ 2014
• Protocol to the African Charter on Human And Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, ratified on 27/01/2014
• African Union Convention on Preventing and Combating Corruption, ratified on 27/01/2014
• Protocol to the OAU Convention on the Prevention and Combating of Terrorism, ratified on 27/01/2014
• African Charter on Democracy, Elections and Governance, ratified on 27/01/2014
• African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), ratified on 27/01/2014
• African Charter on the Rights of Women in Africa in 29 April 2022.

C. The Status of AU Conventions Ratified by Sahrawi Republic within the Context of the Sahrawi International Legislation

24. The Sahrawi Republic subscribes to the theory of integration and considers both the international and internal laws two sources of the national law. This is so because it is among the countries that initiated the process of integrating international treaties and conventions after their ratification and publication.
25. The Sahrawi Republic has adopted the theory that international conventions have precedence over the national law once ratified by the Sahrawi Parliament that has the competence to do so under the Constitution. Once published in the official Gazette, the national legislation will then be amended and adapted to the ratified convention. For example, the provisions of the Protocol to the OAU Convention on Prevention and Combating of Terrorism, Addis Ababa 2004 signed on 10 May 2006, have been integrated into the Sahrawi Penal Code.

II. The Judiciary

26. Convinced that human freedom and dignity can only prevail in a country that embodies and respects the rule of law, equality and respect for the fundamental human freedoms and rights as defined by relevant provisions of the Constitution on ensuring justice, the Sahrawi Republic has separated them from the remaining powers.
27. Chapter three of part three of the Sahrawi Constitution on the Regulation of Powers, has accorded great importance to justice through the following principles and objectives:
    • The Judiciary in the Sahrawi Republic is independent and judicial powers are exercised within the law;
    • Fair trial is guaranteed for all on the basis of legality, equality and respect for law;
    • There are enough guarantees for fair trial, open proceedings, and judgements are pronounced in public;
    • Citizens are equal before the law and have the right of habeas corpus without discrimination;
    • The law protects litigants from any deviation or arbitrariness by the Judiciary;
    • The State protects the independence of judges and prevents them from interference or pressure in the discharge of their duties, which should be done with impartiality. The State also compensates judges for any damage caused to them, material or moral;
    • The State takes care of Rehabilitation and Educational Institutions and juvenile Centres to ensure the integration of the inmates into society.
    • The Sahrawi judiciary is based on the sequencing of courts from the Courts of the First Instance, Court of Appeal and the Supreme Court. Their functions and mandates are defined by the Criminal Act and other supplementary laws ratified by Parliament.

1. The Courts

A. The Supreme Court, it is the highest Court for litigation and is presided over by a judge appointed by the Head of State at the national level;

B. The Court of Appeal, it is the second court for litigation in the appeal cases from the courts of the first instance;

C. Courts of the First Instance, they deal with offences, delinquency and civil cases;

D. The High Judicial Council; it embodies the independence of the judiciary and directs all its facilities. It is the supreme Judicial body. It nominates judges for appointment by the Head of State in judicial positions and defends the material and moral rights of judges and ensures their legal protection. It is composed of the following:

• The Chairperson of the Council appointed by the President of the Republic;
• Two(2) Judges appointed by the President of the Republic;
• Two (2) judges appointed by Parliament;
• Three(3) judges elected by the General Assembly of the Judiciary;
• The statutes of the judges and those of the Supreme Council of Judges regulate and define the judiciary and rights and obligations of the judges.

2. The Judiciary and Its Organs

28. In carrying out its duties, the Judiciary as an institution, is assisted by a group of bodies, experts and regulatory organs under the supervision of the Prosecutor General and its work and mandate are defined in the legal Proceedings Act.
29. The Judiciary under its annual programmes and different competences, goes through a formative period characterized by a series of lectures on the human rights culture, ethics of the profession of the judicial Police Officers and its relationship with guarantees for human rights in addition to the organization of fora in this regard in collaboration with the human rights organisations and UNHCR..

3. Rehabilitation and Educational Institutions

30. Crime rates in the Sahrawi State are very low due mainly to circumstances under which the peaceful Sahrawi people live and struggle for the full restoration of their national sovereignty. In spite of that, the Sahrawi Government attaches great importance to this sector. In this regard, it has adopted the policy of crime prevention by establishing a rehabilitation and educational institution under Act No. 96/07 dated 9 November 1996. There is one such institution at the national level under the administrative and judicial supervision of the Directorate of Rehabilitation and Education, Ministry of Justice.

III. The Bar

31. Practicing law within the Sahrawi Judiciary System is free and independent governed by Act No. 02/04 dated 03 July 2007 under the supervision of the Sahrawi Bar Association. It is a profession that seeks to respect and preserve the rights to defence and contributes to the proper administration of justice and respect for the rule of law whilst ensuring the rights of litigants.

IV. The Constitutional Council

32. The Constitutional Council is an independent constitutional body in charge of supervision of the constitutionality of international laws, treaties and conventions as well as the constitutionality of elections. The establishment of this Council in 2003 marked an important step in the legal and constitutional processes in the Sahrawi Republic. Given the mandate of the Council, it monitors all the laws enacted by Parliament and its decisions are final and cannot be appealed against as they are binding on all the competent authorities after their publication in the official Gazette. The Seven-Members Constitutional Council is composed as follows:
    • Chairperson of the Council appointed by the President of the Republic and two members;
    • Two (2) members elected by Parliament;
    • Two (2) members elected by the Supreme Judicial Council.

V. The Body in charge of the Promotion of Human Rights

33. The Sahrawi State has from the onset accorded great attention to the role and position of women throughout the liberation struggle in the field of education, health, etc.
34. The policy of the Sahrawi Government is to pave the way for women to benefit from education, training and self-development programmes in a bid to expand their role and participation in public affairs unlike what obtained in the traditional society. There has been a great expansion of the scope of their activities covering political, administrative and judicial competences and responsibilities.
35. For the promotion of women, an office was opened in 2003 as an indication of the will of the Sahrawi State to adopt gender equality approach.
36. Since its inception, this office has been carrying out its duties as defined in the policies and programmes of the Sahrawi Government for the promotion of women through:

1. Formulation of policies for the promotion and protection of women;
2. Promotion and popularisation of rights and obligations of women and the rights of the child in collaboration with the sectors concerned such as the Sahrawi Women’s National Association;
3. Ensuring access for women and girls to the educational and administrative institutions (enrolment, training, employment etc.);
4. Implementation of professional integration programmes for women in different situations (breadwinners for dependants, widows, divorcees with children, spouses of disabled persons, disabled women etc.);
5. Psychological , legal and social orientation of women who need such support;
6. Urging the Sahrawi women to participate in politics and the electoral processes (Local and Parliamentary) and organising sensitization seminars for the same purpose;
7. Promotion of a legislation that guarantees the rights of women, mothers and children through protection, treatment and various aspects of healthcare;
8. Efforts by the Secretariat of State for the Promotion of Women to enable people with special needs and displaced persons to benefit from rehabilitation and training programmes for their integration in society;
9. To implement its programmes, Ministry of social affairs and Womens Promotion, has several regional and local facilities and centres for the promotion of women, education and teaching foreign languages, electronic media, sewing etc.)

VI. Procedure for Appeal Against Violations of Rights and Freedoms

38. The Sahrawi Legal System provides each citizen whose rights are violated means of appeal to the competent judicial authorities (Courts of the First Instance, Court of Appeal and the High Court).
39. In the administrative field, the law enables individuals affected recourse to the administrative councils for redress against any arbitrary decisions by the public service.
40. With regards to elections, the Elections Act 2009/02 provides candidate and voters with the right to lodge complaints to the Constitutional Council concerning the electoral processes and the latter’s decisions are final and cannot be appealed against.
41. The Sahrawi authorities in the discharge of their duties have the mandate of enforcing provisions of the Constitution relating to rights and fundamental freedoms of citizens and are in doing so bound by the provisions of regional and international conventions and treaties ratified by the Sahrawi State with legal guarantees by the Sahrawi national legislation. It is also part of the mandate of these judicial authorities that they should ensure respect for laws and human rights. This includes the Criminal Proceedings Act, application and detailed proceedings for the protection and preservation of rights in addition to the Penal Code that punishes all crimes without discrimination, particularly crimes related to the moral aspect (insult, degradation, etc.) and physical assault (killing, beating, violence, abduction, etc.).
42. In the same vein, an was created in the Presidential Decree no 5/2014 of 08/03/2014 The Saharawi National Commission of Human Rights -CONASADH.

In the area of stretching and protecting human rights, the Commission will:

• Monitor and follow up the situations of human rights in the territories under the control and autorithy of the sahrawi state, and submit an annual report with recommandations to the President of the Republic.
• Monitor human rights situation in the occupied territories and the south of morocco to unveil human rights violations before the relevant regional and international human rights organisations and present periodic reports to the national authorites and international bodies.
• Give opinions and proposals to the governemental and non governemetal bodies to strengthen and promote human rights at the national level.
• Give proposasl as to the national legislations relating to human rights to the competent autorithies in view of compliance to international conventions and covenants on human rights to which the Saharawi States is a State Party.
• Receive complaints from individuals regarding human rights violations issues and their follow up, as well as providing recommendations to the competent authorities and inform those individuals about the possible ways of remedy.

The Rights, Obligations and Liberties Guaranteed by the Constitution

Civil and Political Rights

1. Enjoyment of the Rights and Freedoms Guaranteed by the African Charter on Human and Peoples Rights

43. These rights guaranteed by the African Charter on Human and Peoples Rights are contained in the Preamble of the 2007 Sahrawi Constitution where it is stated that the Sahrawi people uphold the following:
    • Principles of justice and democracy enshrined in the Universal Declaration of Human Rights of 10 December 1948, the African Charter on Human and Peoples‟ Rights of 28 June 1981 and the relevant international conventions ratified by Sahrawi Arab Democratic Republic;
    • Conviction that human freedom and dignity can only prevail in a society that respects the rule of law and creates the appropriate conditions for social growth in accordance with its values, civilization, culture, religion and modern requirements of work;
    • Establishment of democratic institutions that guarantee basic human rights and freedoms, including political, economic, social and cultural rights as well as the right of the family as the nucleus of society;
    • Article 11 of the Constitution which affirms respect for the above rights.

2 . Equality before the Law

44. As a founding member of the African Union, the Sahrawi State upholds the principles of justice and democracy as consecrated in the Universal Declaration of Human Rights, the African Charter on Human and Peoples Rights, and the provisions of the Sahrawi Constitution, especially Article 21, and Article 25 which both state that every citizen shall enjoy the rights and freedoms guaranteed by the Constitution without discrimination based on race, colour, sex, language, religion or political opinion. Similarly, Article 26 stipulates that all citizens are equal before the law in terms of protection and punishment. To further enhance this principle, the Sahrawi Constitution also stresses that every citizen has the right to vote and to be elected (Article 33) and that everyone has the right to apply for any public office in accordance with the criteria laid down by the law.
45. The principle of equality is the basis of justice in the Sahrawi Republic in accordance with the provisions of Article 126 of the Constitution where it is stated that everyone has access to litigation based on the principles of legality, equality and respect for the rule of the law; The Sahrawi Constitution categorically states that men and women are equal before the law and they both shall have access to litigation and fair trial.
46. Equality has been further enhanced in terms of civil rights by the various legal texts contained in both the Criminal Proceedings Act and the Civil Proceedings Act. On marriage, the Sahrawi law stipulates that 18 years is the age for marriage for both men and women.
47. The Sahrawi law gives male and female equal rights when it comes to contracts and property management where there is no discrimination. Women can freely manage their properties just like men and have the right to use their prerogative in doing so.
48. Women have full right to financial trusts and a husband has no say or influence in that. The Sahrawi law uses the Malikite School of Thought which stipulates that financial trusts between men and women, should not be mixed, each trust is independent of the other. A married woman is free to retain her surname or family name.
49. As regards violence against women, this phenomenon is alien to the Sahrawi society as women in the society are held in high esteem, be it within or outside the family. Sahrawi courts have not registered any such case and whoever tries to use violence against women shall be dealt with by society before the judiciary and the stigma shall ever remain with that person.

3. Individual Freedom

50. The Sahrawi Constitution places great premium on the importance of individual freedom and physical safety as enshrined in the following Articles:

Article 27 which stipulates thus:

• Every citizen is presumed innocent until proven guilty by a judicial body;
• Everyone has the right of defense, including the right to choose his/her defense;
• No one shall be detained or imprisoned except in accordance with the law;
• There shall be no criminal proceedings or punishment except in accordance with the law;
• Duration of detention shall not exceed 72 hours and shall not be extended except by order of the relevant judicial authority.

Article 28: Violation of the Integrity of Human Beings is forbidden and so is torture or any bodily or emotional harm against them.

• The sanctity of residence of every citizen is inviolable.

51. The Criminal Proceedings Act defines a body of legal proceedings and measures for the protection and preservation of individual freedoms from arbitration or excess in addition to other provisions of the Penal Code which punishes for any crimes committed against individuals be they moral (defamation, insult, intimidation) or physical assault (murder, injury, beating or abduction etc.).

4. The Right to Life and Physical and Psychological Safety

52. The Constitution prohibits any form of torture. Article 28 prohibits violation of human dignity or honor and torture or physical or psychological violence. The Criminal Proceedings Act guarantees for the accused person during detention, the right to contact his family and to be seen by a doctor before being interrogated and at the end of his detention. He has the right to a lawyer. He cannot be placed under custody for more than 72 hours without a legal warrant.
53. Death penalty has never been carried out in the Sahrawi State even though it is stipulated in the Penalty Act in one specific case relating to pre-meditated murder after insistance.

5. The Right to Fair Trial

54. To ensure justice and protect the citizen from any oppression or injustice, the Sahrawi State adopted a complete judicial system with all its legal structures by incorporating in its Chapter Three, Part Two on Powers, the following:

1. The Judiciary is independent and operates within the framework of the law;
2. The Judiciary is accessible to all and is based on legality and equality;
3. Provides guarantee of fair trial where all court sittings are made public and can only be in camera within the limits of the law;
4. All state apparatus and institutions are bound by the provisions of the law at all times and in all cases;
5. All citizens are equal before the law and they all have the right to resort to the law without any form of discrimination;
6. The law protects litigants from any arbitrary treatment by the Judiciary;
7. The State ensures the independence of the judiciary and protects litigants from all forms of pressure and interference that may affect the way the judiciary functions and judgements are delivered;
8. The State is committed to compensate victims for any possible judicial errors;
9. The litigant in need has the right to legal assistance and to a lawyer recruited by the national bar association.
10. he Sahrawi State through the Ministry of Justice, promotes judicial action by:

1. Developing the judicial institutions by popularizing their work through the media;
2. Implementation of training and retraining of Judges and employees of the legal profession to upgrade their standards;
3. Paying attention to retaining institutions and juvenile delinquency centres so that they can play a role in the education, training and rehabilitation of inmates for integration in society;
4. Harmonization of legislations and proposing laws for adoption by Parliament for the promotion of judicial action and adapting it to the objectives of preservation of justice;
5. To promote free practice of the legal profession and brining the judiciary closer to litigants, the Sahrawi lawmakers have recently reviewed the Legal Practice Act 04/02 of 3 July 2004 on the Legal Profession which is fully independent as well as the protection of lawyers from any arbitrariness in the discharge of their duties to ensure free and independent practice.

6. Freedom of Faith

57. The Sahrawi society is tolerant and open and there are no sects other than those belonging to the Islamic faith as the religion of the State. The Sahrawi Constitution guarantees for foreigners the right to perform their religious rites and respects their tenets (Article 44).

7. The Right to Information and Freedom of Expression

58. The media are an important conduit through which the citizens are kept posted of developments that are of concern to them at the national and international levels and in the various walks of life.
59. In recent years, the Sahrawi State provided different types of the mass media to inform the national public opinion of the developments relating to the Western Sahara issue at the national, regional and international levels and to brief them on the national Sahrawi action through peaceful resistance to Morocco’s occupation of Western Sahara territories. In this context, the Sahrawi media sectors are composed as follows:

The Audio-Visual

1. The Sahrawi television channel covering the Sahrawi refugee camps and liberated Western Sahara territories;
2. The Sahrawi Satellite Channel RASD.TV which broadcast on INTELSAT and covering the North West Africa to Latin America and parts of Europe.

Audio

At the National Level

1. National Radio Broadcasting on long and short waves for 12 hours in Arabic and Spanish

At the Regional Level

1. There are 4 FM regional radio stations;
2. Special Youth FM Radio Station broadcasting from El- Aaiun;
3. Women‟s FM Radio Station from Samara

Printed Media

1. The Free Sahara Weekly Newspaper in Arabic and Spanish;

In addition, there are many journals and newspapers issued by Mass organisations (women writers, the youth and civil society organizations).

Websites

1. The Sahrawi Government Website;
2. The Sahrawi News Agency Website;
3. The Website of the Free Sahrawi Newspaper;
4. The Website of the National Radio;
5. The National Television Website;
6. In addition to websites of several Sahrawi associations, dealing with human right issues in occupied Western Sahara, and many independent websites.
7. In light of the technological advancement witnessed by the world for better networking with viewers, audiences and readers the world over, all the Sahrawi media outlets could be accessed through the social media of Facebook and Twitter.
8. Participation in the Public Life of the Country

61. The Constitution recognizes the right of citizens to participate in the public life of the country. According to Article 33, every citizen has the right to vote and to be elected and Article 34 stipulates that every citizen has the right to apply for any public office in accordance with the requirements of the law.
62. This right is reflected by the legislative and municipal elections eligibility governed by the Elections Act to which major amendments were made by Parliament which adopted Act 2009/03 of 29 June 2009 which annulled Act 2008/01 on the Election of Members of Parliament, to enhance the principle of equality and equal opportunities for all citizens.
63. Recruitment in State institutions is governed by the Employee and Public Service Act 01/06 of 3 March 2001 which guarantees this right by focusing on the following objectives:
    • Equality;
    • Equal opportunities;
    • Competence by giving priority to the most deserving employees.
64. Recognition of the political rights of the Sahrawi Women has found expression in the declaration by the Sahrawi Republic of the Supreme State law, namely, the Constitution, particularly Article 26 which explicitly states that all men and women shall enjoy equal rights and have equal obligations.
65. The Elections Act accords the same constitutional guarantees to this right. Article 10 states that every citizen who has reached the age of 18 is fully entitled to his/her political rights. This is a constitutional gain guaranteed by the provisions of Article 42 where it is stated that the State shall endeavor to promote women’s political, economic, social and cultural participation in building society and developing the country. This should come through the democratic practice by all citizens without exception whereby the Sahrawi women could massively participate in all electoral processes (Municipal, local and legislative).
66. The status of women has witnessed a quantum leap through their participation in all sectors of public life and they have registered the following:

Elective Councils

The National Assembly (Parliament):

67. The Sahrawi women’s participation in the legislative elections (Parliamentary) has significantly increased compared to the 2003 legislative elections in terms of female candidates for seats in Parliament or rate of participation in the polling process.
68. Eighteen women (18) managed to win seats in the Sahrawi National Assembly of 53 seats representing 34%, a 20% increase in their number in the previous Parliament.

Local Councils (Municipalities)

69. The great efforts and effective measures of the Sahrawi Government represented by its national programme for the promotion of the general performance of the State facilities and adoption of a national plan for sensitization on the importance of the role of women in running the State apparatus, have produced positive results as evidenced by their level of success in the 2007 Municipal elections in which they got 94% and the chairmanship of most of the 112 Municipal Councils.

The Government

70. Out of 23 Ministerial portfolios forming the Sahrawi Government, women have been appointed at the head of for ministries, namely, the Ministries of Education, Culture, Social Welfare and Women’s Affairs. The visibility of women in the Executive Arm is a response to the State strategy and choices in line with the directives contained in the Solemn Declaration on Gender Equality in Africa which accords special attention to the participation of women in the decision-making process.

The Judiciary

71. The judiciary which used to be dominated by men due to traditional practices of the past, now includes women through the relentless efforts of the Sahrawi State. They now participate in the management of the Justice sector through the training of many lady judges, lawyers and court clerks.
72. The Sahrawi women have now become judges, presiding over disputes and issuing judgments on behalf of the people in all the national courts at different levels of litigation.
73. The justice sector has been strengthened by female capacities and competences. They are now judicial assistants, clerks, etc. This visibility is an indication of the importance the State accords to women based on the principle of equal opportunities and merits in the performance of their public functions at the various levels of specialization.

Pan-African Parliament

74. Out of five Sahrawi representatives in the Pan-African Parliament, two are female.

The Sahrawi Children’s Parliament

75. As part of its continental commitments, in dealing positively with the Pan-African Parliament, the Sahrawi State established a Children’s Parliament composed of 51 members, 25 of them female to enhance equality and to nurture the emerging Sahrawi Youth by dividing responsibilities between male and female youth stakeholders.
76. The selection of members of the Children’s Parliament is done through direct election.

Chapter Two: Economic, Social and Cultural Rights

1. The Right to Ownership

77. The Sahrawi Constitution guarantees the right to ownership for all citizens by virtue of Article 35 which states that ownership is recognized by an act prepared by the Government for submission to Parliament in the next legislative sitting. This act governs public and private ownership.
78. The Constitution also guarantees for foreigners residing in the country their right to property in accordance with Article 45 which states that the State guarantees the protection of rights and properties of every foreigner legally resident in the country.

2. The Right to Work

79. Article 38 of the Constitution considers work a right and an obligation for every citizen. Despite the exceptional circumstances in which national resources and wealth are under the control of the occupation force, and despite its limited potentials, the Sahrawi State pursues a prudent policy of creating a conducive environment that guarantees employment for its citizens in the various sectors.
80. The Government through its development programmers and together with a number of partners has created productive spaces such as farms, cooperatives, training and employment centers for Sahrawi workers in addition to recruitment in departments and public institutions.
81. By the same token, and to take care of the twin sectors of employment and training, the Sahrawi Republic established the Secretariat of State for Public Service, Training and Employment in 2007. It is responsible for the development of plans, programmes and legislations relative to the creation of jobs and training opportunities for citizens at the various levels and in different areas of competence.

3. The Right to Health

82. The Constitution guarantees the right to health in terms of the provisions of Article 37 which stipulates that healthcare and treatment are the right of every citizen. The State guarantees protection from, and control of diseases and epidemics.
83. The Government has adopted a national strategy in the public health sector for the following objectives:
    • Preservation of the existing potentials (material and human) and the promotion of new professional and scientific competences;
    • Pursuit of a protection policy by adopting sensitization and health orientation policy and by monitoring the state of health in the country as well as taking precautionary measures;
    • Provision of medical equipment in the health facilities for upgrading their services;
    • On-going work in accordance with the WHO Plan for Combating Epidemic and Communicable Diseases for the protection of the health of society in keeping with the commitment of the Sahrawi State under the relevant AU Decisions on the health sector;
    • On-going implementation of the joint health programmes with the Organisation of World Physicians and the Spanish Cooperation Agency and UNHCR.
84. In pursuit of these objectives, the Ministry of Health has built several health facilities in support of the health system.
85. They include the following:
    • 45 Clinics;
    • 7 regional hospitals;
    • 2 central hospitals;
    • 2 specialized centers (cancer of the lung and mental diseases);
    • 2 specialized facilities (dental and optical);
    • 3 schools (paramedical training for nurses and midwives);
    • School for auxiliary nurses;
    • Veterinary school;
    • Pharmaceutical production laboratory;
    • A new specialized medical center for medical analysis;
    • Extension of the national hospitals for digestive system diseases and the operation theatre section as well as eye, ear and bone operation theatre.
86. In the field of health care:
    • On-going implementation of maternal and children‟s programmes;
    • Implementation of a health programme (examination, follow-up and analysis);
    • Provision of drugs and follow-up on the conditions of patients suffering from endemic diseases (diabetes and asthma);
    • Operationalization of school health centers in coordination with the Ministry of Education and undertaking medical missions by students specializing in the optical and dental sections.

In the Field of Prevention

Prevention Is Better Than Cure

1. Continuous implementation of sensitization programmers in collaboration with the Ministry of Information;
2. Production of publications, and flyers and organisation of services and study events for the health sector;
3. Celebrations of continental and global occasions by organising seminars with the participation of foreign partners;
4. Implementation of the approved vaccination programmes;
5. Coordination with the Secretariat of State for Water and the Environment in the implementation of insecticide programmes.

In the Pharmaceutical Field

1. Implementation of the programme of distribution of medicine to hospitals and clinics;
2. Expansion of the production capacity of the national laboratory for the production of medicine;
3. Ensuring that there is a national reserve of essential drugs to cope with emergency cases;
4. Monitoring the use of the different imported medicines;
5. Implementation of joint programmes with the UNHCR and the European Commission.

In the Veterinary Field

1. Monitoring animal health internally and animals across the border and taking necessary measures to prevent the spread of diseases;
2. Monitoring animal-to-human diseases and sensitization on such diseases;
3. Constant monitoring of conditions of abattoirs and application of hygiene as well as examination of meat and food stuff.

4. The Right to Education

87. The Sahrawi State ensures free and compulsory education in accordance with the provisions of the Constitution. Article 36 stipulates that the right to education is guaranteed. This is incorporated in all the laws and organisational rules. This important sector in the national life has witnessed a new impetus following the ratification of the amendments to the national school legislation of 2005 which guarantee, among other things, reforms of the educational system for it to be responsive to the educational policy objectives of the Sahrawi State based on the national strategy for free and compulsory education at all levels of education. A conducive atmosphere has been created for the enrolment of all children of school going age from within and outside the country. The Government continues its policy of guaranteeing free education as indicated in the preliminary report of the Sahrawi Republic to the 33rd Session of the Commission.
88. Enrolment includes all school going age groups from 3 years and above in the following education levels:
    • Preparatory (from 3 – 6 years);
    • Primary (from 7 – 11 years);
    • Intermediary (from 12 – 15 years);
    • Secondary (from 16 – 18);
    • University (from 18 and above);
    • Focus on the mechanisms for upgrading education through continuous training for staff to improve upon their performance. Attention is given to the school system, networks for evaluation, scaling up field inspection visits, organising school days in addition to the training of new cadres of teachers and inspectors with attention being paid to sports;
    • Deepening of the experience in teaching French and English in our schools and the provision of training courses for the teaching staff;
    • Continuation in giving care to the children’s centers and nurseries as an important preparatory phase for their future progress in education;
    • Continuation in coordinating with foreign collaborators to upgrade the standard of service and school equipment, provision of textbooks, printing production facilities, etc;
    • Operationalization of the role of the parents associations through coordination among those concerned.
89. To achieve these objectives, the Ministry of Education has built a number of centres, schools and nurseries to ensure the creation of conducive atmosphere for enrolment in schools.
90. In coordination with the Ministry of Public Health, the educational institutions are implementing preventive health programmes. (Vaccination, periodical check-ups, sensitization sessions etc.).
91. Despite the great efforts being made by the State in the field of education, scarcity of financial resources has been an impediment to the realization of the objectives as the sector depends on foreign cooperation for the provision of basic requirements and scholarships for University education.
92. In this context, the Ministry of Education has signed several bilateral cooperation agreements and joint programmes with foreign players for their contribution to school equipment and scholarships to enable students to further their University education in a number of countries, including Algeria, Venezuela, Spain, Cuba etc.

Eradication of Illiteracy

93. The Government has paid special attention to this area from the onset in the face of the colonial legacy the Sahrawi people suffered from for decades. Several programmes have been initiated for the citizenry. Human and material resources have been deployed to carry out these programmes at the national level and all adults have acquired primary education through a 3-month literacy education programme each year during the summer school holidays when Sahrawi students returning from friendly and sister countries are engaged in the teaching of citizens.
94. Following the positive results produced by these programmes, the Government embarked on a voluntary programme for those interested in illiteracy eradication programmes with the support of the National Congress of the Sahrawi Women. It concentrates on teaching courses to improve the capacity of teachers and lecturers. Lectures focus on the role of the citizen in building a democratic society, family and health sensitization, civic education, ethics etc.

Protection of the Family

95. Protection of the family is a constitutional requirement and special attention has been given to this in the general policy of the Sahrawi Republic through the implementation of programmes geared towards education, health and prevention of diseases and social ills.
96. The Sahrawi law makers have emphasized in the Preamble of the Constitution that the Sahrawi people are determined to build democratic institutions in this respect and enact the appropriate laws that guarantee freedoms and political, economic, cultural and family rights.
97. The provisions of Article 39 of the Constitution attach great importance to the family through the efforts of the State to protect mothers, children, the disabled persons and the aged by establishing the necessary relevant institutions. Article 40 stresses that the State shall guarantee for parents and widows of martyrs and their children as well as the wounded and detainees in the prisons of the enemy, the missing persons and victims of the liberation war, their material and moral rights recognized by the law.
98. In this regard, the Sahrawi Government endeavours to create institutions, structures and programmes geared towards the education and health care of the family.
99. The Secretariat of State for Social Welfare an Promotion of Women created for that purpose, caters for these groups in addition to the disabled persons and the mentally retarded and has established special centres for them at the regional level.
100. For the aged, the State provides assistance to their families and monitors their health conditions. Furthermore, the Sahrawi Government has established specialised centres for the disabled persons (the deaf and dumb) in collaboration with foreign partners and takes care of the children of martyrs and victims of the liberation war as well as missing persons as a result of the war.

Peoples Rights

1. . Equality of People

101. The Preamble of the Sahrawi Constitution affirms the equality of the people by referring to the UN Charter and the African Charter on Human and Peoples Rights as well as the Universal Declaration of Human Rights.
102. The Preamble emphasizes the awareness of the Sahrawi people about this noble endeavor and their commitment to the building of the Greater Arab Maghreb and the success of efforts relating to African and Arab Unity as well as the establishment of international relations based on cooperation, cohesion, mutual respect and maintenance of peace the world over.
103. Article 24 adds that the foreign policy of the Sahrawi Republic is based on:
     • Support for the African Union in its efforts to promote Africa‟s political stability and realisation of the economic integration of African countries;
     • Maintenance of international peace and security and contribution to thesocio-economic development of the nations of the world based on justice and equality.

2. Equality in Self-Determination 

104. The Sahrawi Republic continues its legitimate struggle for the total restoration of its national sovereignty over the rest of its occupied territories and to enable the Sahrawi people to exercise their inalienable right to determine their destiny in accordance with the relevant UN Decisions. Sahrawi diplomacy is based on the ideals and principles enshrined in provisions of the AU and UN Charters on:
     • Maintenance of international peace and security and contribution to thesocio-economic development of the peoples of the world;
     • The principle of respect for the sovereignty of States and good neighborliness’;

3. The Right of the People to their National Resources

105. The Sahrawi Constitution affirms the right of peoples to, and sovereignty over their natural resources and their use for prosperity and development. Morocco is illegally exploiting these resources to further enhance its grip on the occupied Sahrawi territories.
106. In this context, the Sahrawi National Assembly has adopted Act No. 2009/03 of 21January 2009 under which the coastal area of the Sahrawi Republic has been declared an exclusive economic zone over which the Sahrawi people must exercise their sovereignty.

4. The Right to Peace and Security

107. Although the Sahrawi people have been victims of aggression and occupation by Morocco, the Saharawi Republic strives to enhance international peace and security through:
     • Provision of facilities for the UN Mission for the organization of a referendum in Western Sahara;
     • Support to the efforts of the African Union in the promotion of security and peace keeping in Africa.
108. The commitment of the Sahrawi Republic to these issues is evidenced by its signature of the Geneva Call to Criminalise the Stockpiling and Manufacture of Anti- Personnel Mines on 3 November 2005 at a time when Morocco had not adhered to the Ottawa Convention on the Prohibition of Stockpiling, Manufacture and Transfer of Anti- Personnel Mines and continued to plant mines along the Moroccan military wall that divides Western Sahara into two parts along 2,400 kilometers. Many Sahrawi’s have fallen victims of these mines.
109. The Sahrawi Republic has also signed a Cooperation Agreement with the Land Mine Action Organisation for the demining of the liberated territories and the training of Sahrawis to carry out this noble humanitarian task.
110. In addition, and as an indication of its adherence to the said Geneva Call, in a ceremony presided over by the Head of State and attended by the Head of the Geneva Call, Ms. Elizabeth Reusse-Decrey, the Sahrawi Government destroyed its stock of anti- personnel mines (more than 3,100 mines).
111. As its diplomatic activity forms part of the international efforts to combat terrorism as a threat to international peace and security, the Sahrawi Republic supports all initiatives taken at the continental and international levels to that end. In this regard, the Sahrawi State has ratified the 2004 OAU Convention for Prevention and Combating Terrorism on 10 May 2006.

5. The Right to a Peaceful Environment Conducive to Development

112. The Sahrawi Republic pays special attention to the preservation of the environment through the creation of the Secretariat of State for Water and the Environment in 2007 charged with the task of creating conducive conditions and enacting appropriate legislation for the preservation of the environment and its components and prevention of its deterioration and pollution thereby ensuring apollution-free setting within and outside the residential areas. In this regard, the competent ministry has coordinated efforts with many foreign partners, especially Spain, to:
     • Develop a general policy for the protection of the environment and a national strategy for its implementation at the national level;
     • Preparation of specifications and criteria for the environmental components and modalities of their preservation as well as sensitization of the citizenry on the importance of preservation of the environment;
     • Initiation of measures for handling substances that are dangerous and harmful to the environment as well as guidelines on their storage, transfer, disposal and destruction.
113. The Ministry has created conditions for the establishment of national protection zones and borders within the Sahrawi territories under a draft bill designed to govern the environment sector.

6. The Right to Participate in the Cultural Life

114. Participation in the cultural life forms an important part of the national life as the cultural ingredients of the Sahrawi people reflect the African, Arab, Tamazight and Islamic identities, which gives them diversity and cohesion that make the very fabric of the Sahrawi society so human and social. An identity that has always preserved its diverse cultural peculiarities with openness to other cultures.
115. In this connection, the Sahrawi Ministry of Culture, through its cultural programmes adopted culture as a space for Africa-Arab and Global Cooperation at all cultural levels. It has embarked on sensitization on the importance of the cultural heritage, material and oral alike and the adoption of culture as a mechanism at the service of liberation and construction. This identity has always been the crucible of the resistance of the Sahrawi people throughout colonial history and foreign occupation.
116. To promote culture and preserve the national heritage, the Ministry of Culture adopted the following diverse cultural programmes:
     • Study Days on Identity and Heritage;
     • Study Days on Book Culture;
     • Study Days on Folklore;
     • National Week for Songs
117. In the field of international cooperation with foreign partners, the Ministry of Culture has organised various international cultural events such as:
     • The World Cinema Festival FISAHARA;
     • The International Arts Manifestation ARTIFARITI; and
     • The International Cultural Symposium.
118. In addition, the Ministry of Culture concluded an agreement with the World Observatory for the Preservation of Cultural Heritages on contribution to the protection of the Sahrawi heritage from decay.
119. The Ministry also implements several cooperation projects in the cultural sphere in collaboration with the UNHCR. To encourage the Sahrawi creative talents, the Ministry has built two national cinema schools and a theatre school in addition to a number of cultural centres and local and regional libraries.
120. The Ministry preserves ancient historical archives and lends support to the national museum for the preservation of historical and archaeological objects.

2. Independence of the Judiciary

121. Convinced that human freedom and dignity can only be realized in a society that upholds the rule of law and equality among men, the Sahrawi Republic endeavors to create conducive atmosphere for the promotion of the role of the judiciary in ensuring justice and bringing it closer to the citizenry.
122. The Judiciary in the Sahrawi Republic is independent and operates within the framework of the law set in Article 124 of the Constitution. The State protects the independence of the Judiciary under the provisions of Article 135 which stipulates thus:
     • The State protects judges from all forms of pressures and interferences that may affect them in the performance of their duties impartially and the judgments they pronounce;
     • The State protects them from threats, humiliation, insults, assaults of any form during the performance of their duties;
     • In the event of any damage, material, physical or moral, the State compensates the judges affected.
123. The penal code reinforces the independence of the Judiciary through the inclusion of Articles on punishing for any interference by any individual or official whatsoever, in the jurisdiction of the judiciary or hindrance to the implementation of orders or judgments.
124. In the area of respect for the rule of law, the Sahrawi Judiciary has since 2004 witnessed sustained reforms that included the following:
     • Review of the Sahrawi laws consistently for approval by Parliament;
     • Modernization of the work of the Courts by providing them with modern equipment and information gadgets for the development of the judicial administration and for bringing it closer to the citizen;
     • Raising the standard of human resources through training and retraining locally and abroad;
     • Paying attention to the rehabilitation institutions and delinquency centres for them to play their role in education and rehabilitation.

3. Obligations of All Towards Family and Individuals

125. Article 7 of the Constitution stipulates that the family is the core component of society based on religious, ethical and national values and the historical heritage. Article 50 adds that the protection and promotion of the family is the duty of parents, especially the education of their children who in their turn are obliged to obey them and be kind to them.
126. Most legislations and laws contain provisions on rights and obligations that form the appropriate framework for the protection and promotion of the family in accordance with the values of tolerance, ethics and civic education.
127. According to Article 47, it is the duty of each individual to respect the Constitution and laws of the Republic and ignorance of the law is no excuse. The following is incumbent upon all citizens:
     • Defending the country and contributing towards its liberation;
     • Defending its territorial integrity and renouncing any practices that encourage discrimination.

Conclusion:

The Saharawi Republic is still a young political and legislative reality in the ground, yet it succeeded in realising very important achievements in terms of the institution of the State of Law and Respect of human rights in no more than 40 years of its existence. The amelioration of the different sectors of the Saharawi citizen’s life is a continuing process, and the State is learning from the different experiences around the world, adopting various best practices that it could draw from other experiences.

It is however obvious that without the complete liberation of its territory, the Saharawi Republic and its citizens will continue undergoing ordeals and gabs in the promotion and enjoyment of the different human rights to which the people are entitled.