Nationalization of Sahrawis: what has Congress really approved and when does it come into effect?

The initiative recognizes an exceptional pathway for those born in Western Sahara before September 29, 1977, and allows their children to opt afterward. The text still needs to go through the Senate and is not in force.

6 minutes

fotonoticia 20260712115948 1920

fotonoticia 20260712115948 1920

Add DEMÓCRATA to Google

Ask FREN

Published

Last updated

6 minutes

Most read

The Congress has approved this Thursday a bill that can change the legal relationship of tens of thousands of Sahrawis with Spain. The initiative establishes an exceptional route to obtain Spanish nationality for those born in Western Sahara when the territory was under Spanish administration and also contemplates a subsequent option for their direct descendants in the first degree.

But the vote does not mean that the affected Sahrawis are Spanish from this Thursday nor that they can already start submitting their applications. The Plenary has approved the text by 168 votes in favor, 31 against, and 145 abstentions and will now send it to the Senate to continue its processing.

What relationship did the Sahrawis have with Spain? Who will be able to apply for nationality? What happens with their children? When will they be able to apply? These are the main keys of a regulation that aims to respond to a historical relationship that dates back to the Spanish Sahara.

What has Congress exactly approved?

The Congress has approved the Bill on the granting of Spanish nationality to Sahrawis born under Spanish administration, originally promoted by Sumar.

The text considers that the "exceptional circumstances" provided in the Civil Code apply so that certain Sahrawis can obtain Spanish nationality through letter of nature, even if they do not have legal residence in Spain.

The difference is important. The future law does not automatically grant nationality to the entire Sahrawi people nor does it immediately make those who meet the requirements Spanish. It creates a specific procedure to apply for it and demonstrate that the conditions are met.

It is also not yet definitively approved. After passing Congress, the proposal now goes to the Senate. Therefore, the applications provided for in this regulation cannot yet be submitted.

Why does Spain want to facilitate nationality for them?

The answer lies in the history of Western Sahara and in the particular legal relationship that its population maintained with Spain.

Spain administered the territory since the late 19th century. In 1958, the Franco regime decided to convert its African possessions into provinces and the Law of April 19, 1961 regulated the so-called Province of Sahara, which came to be known as the 53rd province.

The text approved by Congress itself recalls that its inhabitants had representation in the Francoist Cortes, could have a Spanish DNI, study at Spanish universities, access public service, and even be part of the Army.

This does not allow for the assertion without nuances that all Sahrawis were Spanish citizens under the same legal conditions as those residing on the Peninsula. Precisely, the situation of their nationality after the Spanish withdrawal has generated administrative and judicial controversies for decades.

Spain communicated to the United Nations on February 26, 1976 that it was definitively ending its presence in the territory.

Months later, Royal Decree 2258/1976 was approved, which established that the natives of the Sahara who met certain conditions could opt for Spanish nationality for one year. The problem, as the Congress itself now cites jurisprudence from the Supreme Court, is that Spain had already abandoned the territory, making the effective exercise of that option difficult.

The current proposal aims to respond to that situation. Its statement of reasons explicitly speaks of the "deep connection of Western Sahara with Spain" and frames the measure within the legislation used to recognize special historical relationships with certain groups.

Who can apply for nationality?

The main criterion is very specific: Sahrawis born in the territory of Western Sahara before September 29, 1977 can apply for the letter of nature, even if they currently do not have legal residence in Spain.

However, it will not be enough to declare oneself Sahrawi.

The applicant must demonstrate that they meet those conditions. The law considers as evidence the Spanish DNI, even if it is expired; the receipt of registration in the census for the Western Sahara referendum authenticated by the United Nations; a birth certificate duly legalized or apostilled; or birth certificates, family books, and work documentation issued by the Spanish Administration in the former Sahara.

Other Spanish documents may also be jointly assessed, such as school certificates, driving licenses, documentation on pensions, or hospitalization and medical assistance certificates.

Furthermore, documentation regarding the absence of criminal records in the countries where the interested party has resided during the last five years must be provided or justification for the impossibility of obtaining it. Interior and Justice must issue the corresponding reports before resolving the request.

Will their descendants also be able to obtain it?

Yes, but there is an important nuance here: the regulation does not grant this possibility indiscriminately to all descendants of Sahrawis.

The option pathway contemplated in the proposal applies to direct descendants in the first degree of consanguinity, that is, to the children of those who have acquired Spanish nationality through the special procedure of carta de naturaleza established in this law.

They will have five years to exercise that option from the registration in the Civil Registry of the acquisition of nationality of any of their parents.

The regulation also introduces another modification of a more general scope in the Civil Code. Sahrawis will benefit from the reduced period of two years of legal residence in Spain to apply for nationality by residence, the same period provided for nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal and for Sephardim.

When will they be able to request it?

Not yet. Congress has approved the proposal, but it must continue its processing in the Senate. If the parliamentary procedure is ultimately completed and the regulation is published in the BOE with this wording, it will come into force four months after its publication.

From its entry into force, interested parties will have three years to submit the application, a period that Justice may extend for an additional year.

The application will be free of charge and the General Directorate of Legal Security and Public Faith will have one year to resolve it. If that period passes without an express resolution, it will be understood as denied by administrative silence.

The Government must also implement, within a maximum period of six months from the publication of the law in the BOE, a specific procedure within the existing software application to process these requests.

Which parties have voted in favor and which against?

The proposal has passed Congress with 168 votes in favor, 31 against, and 145 abstentions.

PSOE, Sumar, and the parliamentary partners of the Executive have allowed the text to move forward. PP and Junts have abstained and Vox has voted against.

The political journey of the initiative is relevant because the PSOE had initially shown its reluctance before reaching an agreement with Sumar that allowed for the modification of the text during its passage through the Justice Commission.

The socialists and Sumar present the initiative as a way to repair the historical relationship between Spain and the Sahrawi population. The PP agrees that access to nationality should be facilitated for the Sahrawis, but disagrees with the mechanism of the letter of nature and has defended other formulas linked to residency.

Vox, on the other hand, rejects the measure and has questioned whether nationality can be used as a historical repair. During the debate, it has maintained that Spanish nationality should not be "given away".

How many Sahrawis could become Spaniards?

This is one of the questions for which there is still no definitive figure.

The estimates handled around the processing place the potentially benefited universe at tens of thousands, but that does not mean that all those people will automatically obtain nationality.

Each interested party will have to apply for it, prove that they were born in the territory and within the established period, present the required documentation, and pass the administrative procedure.

To that first avenue, the possibility for the children of those who effectively obtain nationality will later be added.

Therefore, one thing is the potential number of people that the norm can reach, and another, different, how many new Spanish citizens it will actually generate.

What does Morocco have to do with it?

The initiative directly touches on one of the most sensitive issues in the relationship between Madrid and Rabat.

Morocco considers Western Sahara part of its territory, and Spain modified its position in 2022 by considering the Moroccan proposal for autonomy as the "most serious, realistic, and credible" basis for resolving the conflict.

The approval in Congress also occurs amid bilateral tension following the migration crisis in Ceuta at the end of July. This same Thursday, the Moroccan Ministry of Foreign Affairs has criticized certain "unfortunate initiatives" coming from Spanish institutions and has warned that a "strategic blindness" can lead to a relationship marked by "chronic distrust" and "recurring tensions".

More key points, information and questions with FREN

AI-GENERATED CONTENT

What is the current status of the parliamentary processing of the bill on the nationality of the Sahrawis and what are the next steps until its final approval?

The bill on the nationality of the Sahrawis currently active in the Cortes is the Bill on the granting of Spanish nationality to Sahrawis born under Spanish administration, presented by the Plurinational Sumar Group, with identifier 122/000072, in the Congress of Deputies. As of September 10, 2026, its processing is very advanced in the Congress, still pending the final vote in the Plenary and the entire passage through the Senate.

1. What initiatives exist and which one is in force

There are two practically identical initiatives in this legislature:

  • 122/000023: Bill on the granting of Spanish nationality to Sahrawis born under Spanish administration, registered in 2023 and withdrawn on March 15, 2024. That file is closed.
  • 122/000072: New bill with the same purpose, registered in March 2024, which is the one currently in process. The original text can be consulted in the Congress Bulletin (BOCG-15-B-84‑1).

When today the "Sahrawi nationality law" is mentioned in parliamentary processing, it refers, therefore, to 122/000072.

2. Current status in the Congress of Deputies

According to the parliamentary file, 122/000072 has already passed the main phases in the Congress:

  • Publication of the text in the Cortes Bulletin: March 22, 2024.
  • Admission for processing and referral to the Government for report: spring 2024.
  • Consideration in Plenary (February 25, 2025): the Plenary agreed to start processing as a law, with 195 votes in favor, 116 against, and 33 abstentions.
  • Deadline for amendments to the articles: open from March 2025, with several successive extensions; the period closed on June 4, 2025, and the amendments were published on June 12, 2025.
  • Referral to Plenary: on December 11, 2025, the Plenary unanimously agreed (347 votes in favor) that the final vote on the text would not be in the hands of the Justice Committee, but of the Plenary itself. The confirmation was published on December 18, 2025.
  • Work in the drafting committee and commission: in June 2026, the drafting committee closed a text negotiated between PSOE, Sumar, and their partners, which passed the drafting committee phase and was sent to the Justice Committee. On July 23, 2026, the Justice Committee approved the report, with the support of PSOE, Sumar, and other left-wing groups, the abstention of PP and Junts, and the vote against Vox, as reported in various chronicles from Demócrata, for example this piece.
  • Publication of the Justice Committee report: August 7, 2026, leaving the text ready to go to Plenary.
  • Additionally, on July 17, 2026, the Congress agreed to process the initiative by urgent procedure, which shortens the deadlines between phases.

In summary, in the Congress the bill is already reported by the Justice Committee and prepared for its final debate and vote in the Plenary, which will likely take place in the first session period of autumn (from September), unless an extraordinary Plenary is convened.

3. Next steps until final approval

From this situation, the remaining formal steps are as follows:

  • 1) Debate and final vote in the Congress Plenary.
    The Plenary will debate the Committee's report, with the possibility to defend amendments not incorporated in committee. The entire text will be voted on. If approved, the Congress will have completed its work and will send the bill to the Senate.
  • 2) Processing in the Senate.
    The Senate receives the text and can:
    • approve it without changes (in which case the law is ready for promulgation),
    • introduce partial amendments, or
    • agree on a veto (total rejection).
    In this case, there is no record yet that the Senate has started processing, because the text is still pending the vote of the Congress Plenary.
  • 3) Second reading in the Congress, if the Senate modifies the text.
    If the Senate approves amendments, the Congress decides whether to accept or reject them. If the Senate vetoes the law, the Congress can lift the veto with an absolute majority in a first vote or with a simple majority after two months have passed.
  • 4) Sanction, promulgation, and publication in the BOE.
    Once the definitive text is approved by the Cortes, the law is sent to the King for sanction and promulgation, and published in the Official State Gazette (Boletín Oficial del Estado). The bill's own articles provide that it comes into force twenty days after its publication in the BOE.

Until the final vote of the Congress Plenary, the passage through the Senate, and the subsequent sanction and publication in the BOE occur, the granting of nationality to Sahrawi people under the terms provided by this bill will not yet be a legal reality.

What are the powers and responsibilities of the Minister of Justice in the procedure for granting Spanish nationality by letter of naturalization?

In the granting of Spanish nationality by letter of naturalization, the formal legal protagonist of the decision is the Government, which grants it by Royal Decree in accordance with article 21.1 of the Civil Code (a norm to which, for example, royal decrees of granting published in the BOE refer, such as Royal Decree 453/2004, on victims of 11‑M, issued “in accordance with art. 21.1 of the Civil Code”). However, the Minister of Justice plays a central role in the processing, promotion, and proposal of these files.

The letter of naturalization is an exceptional and discretionary form of acquiring nationality, granted “when exceptional circumstances concur in the interested party,” through a Royal Decree of the Government. Based on this general normative framework (Civil Code, Civil Registry Regulation of 1958, and its development through instructions from the Directorate General of Registries and Notaries on nationality), the Minister of Justice essentially assumes functions as instructing and proposing authority, in addition to coordinating the practical application of the regime.

1. Initiative and promotion of the procedure

The procedure usually starts with a request from the interested party or third parties (for example, groups of victims or people affected by historical or humanitarian circumstances). These requests enter the scope of the Ministry of Justice, which:

  • Decides, through its management bodies, whether to open a letter of naturalization file or not.
  • Orders the instruction of the file, usually to the Directorate General competent in nationality and Civil Registry matters.
  • Sets the internal criteria and guidelines to assess the concurrence of “exceptional circumstances,” through instructions and technical circulars.
2. Instruction and gathering of reports

Under the direction of the Ministry of Justice, the instruction phase develops, where the file that the Council of Ministers will later see is materially built. In this phase, the minister:

  • Orders the collection of supporting documentation of identity, residence, criminal records, integration, etc.
  • May request reports from other departments (Interior, Foreign Affairs, Defense, Presidency, etc.) depending on the specific case, especially when there are implications of security, foreign policy, or international protection.
  • Supervises, through his structure, the technical proposal of granting or denying, ensuring it complies with the legal framework (Civil Code, Civil Registry Regulation, and instructions on nationality).

At this stage, the Minister of Justice does not yet issue the act of granting nationality, but does concentrate the power to direct the administrative procedure: deciding what is investigated, what is requested from other administrations, and when the file is mature to be submitted to the Government.

3. Formulation of the proposal to the Council of Ministers

Once the file is instructed, the Minister of Justice assumes a clearly defined function:

  • Formulates a reasoned proposal to grant or not grant the letter of naturalization.
  • Submits that proposal to the Council of Ministers, which makes the final decision by Royal Decree.
  • Is politically responsible, before the Government and the Cortes, for the criteria followed to propose granting in each group of cases (for example, specific groups to whom nationality has been granted for historical or humanitarian reasons).

The competence to sign the Royal Decree of granting corresponds to the King, countersigned by the president of the Government and, when so arranged, by the proposing minister himself; but the key element is that the Minister of Justice is the body that builds and defends the proposal before the rest of the Government.

4. Execution, registry coordination, and control

Once the Royal Decree granting nationality by letter of naturalization is approved and published, the minister's role shifts to the sphere of execution:

  • Orders the Civil Registries to carry out the corresponding birth registrations or annotations, in coordination with the Civil Registry Regulation norms.
  • May issue interpretative instructions to the Directorate General of Registries and Notaries on how to apply the decree to each specific case.
  • Resolves, within the framework of general administrative law, possible incidents or appeals related to execution (for example, doubts about the subjective scope of a collective Royal Decree).

In summary, the Minister of Justice is not the holder of the power to grant nationality by letter of naturalization — which resides in the full Government and is exercised by Royal Decree according to the Civil Code — but does concentrate the initiative, instruction, evaluation, and proposal of the files, as well as the coordination of their registry execution. His powers and responsibilities are framed, therefore, in the dual role of technical-legal instructing body and political proposing body before the Council of Ministers.

What results did PSOE, PP, Sumar, Vox, and Junts obtain in the last general elections and how many seats does each group have in the Congress?

In the last general elections on July 23, 2023 (XV Legislature), the results for PSOE, PP, Sumar, Vox, and Junts were approximately the following percentages and seats: PP was the most voted force with 33.1 % and 137 seats, PSOE obtained 31.7 % and 121 seats, Vox 12.4 % and 33 seats, and Sumar 12.3 % and 31 seats. Junts per Catalunya obtained 7 seats; the consulted sources do not detail their vote percentage precisely, although they confirm that representation. In the current distribution of seats in the Congress, after internal adjustments during the legislature, the figures for those groups are: PSOE 121 deputies, PP 137, Vox 33, Sumar 26, and Junts 7.

1. Results of July 23, 2023: vote and seats

Various demographic analysis pieces published after July 23 take the official results as reference and reproduce them consistently. For example, the average of polls after the Zapatero and Leire Díez cases explicitly records that in the 2023 general elections PP obtained 33.1 % of the votes, PSOE 31.7 %, Vox 12.4 %, and Sumar 12.3 %, with the corresponding 137, 121, 33, and 31 seats respectively (average poll analysis).

Another piece focused on the Ceuta migration crisis again uses those same reference data: it notes that on July 23 PP achieved 33.1 % and 137 deputies, PSOE 31.7 % and 121, and Vox 12.4 % with 33 deputies, comparing them with Sigma Dos projections for 2026 (Sigma Dos analysis). Likewise, a study on PSOE vote leaks estimates 7,821,718 socialist votes in 2023, associated with those 121 seats (Sigma Dos poll).

Regarding Junts per Catalunya, several future projection analyses indicate that this formation would be around 6 seats “one less than in the 2023 elections,” which clearly allows inferring that on July 23 it obtained 7 deputies (Hamalgama Métrica projection). However, those texts do not offer the exact vote percentage of Junts, so that data cannot be precisely determined from the sources used.

Party % vote July 23 Seats July 23 Current seats
PP 33.1 % 137 137
PSOE 31.7 % 121 121
Vox 12.4 % 33 33
Sumar 12.3 % 31 26
Junts n/d 7 7
2. Current distribution of seats in the Congress

The current composition of the Congress has been slightly modified compared to the election night snapshot due to the internal reconfiguration of the alternative left space. An analysis by Demócrata on the investiture bloc explains that, in the XV Legislature, PSOE and the coalition led by Yolanda Díaz (Sumar) add up to 147 seats, while the PP–Vox–UPN bloc reaches 171 deputies (analysis “Partners who squeeze but do not strangle”). The text itself details that to those 147 are added 5 deputies from Podemos, “recently split from the Plurinational Group of Sumar.”

Since PSOE maintains its 121 deputies and the total PSOE+Sumar is 147, it follows that the Plurinational Sumar Group currently has 26 seats, five fewer than the 31 obtained at the polls, which correspond precisely to the Podemos deputies now outside the group. Meanwhile, various articles continue to take as reference the “current representation in the Congress” for the rest of the state forces, maintaining the figures of 137 deputies for PP and 33 for Vox as a basis to compare future projections with the chamber resulting from July 23 (for example, the DYM Institute analysis on the absolute majority of PP and Vox in projection, which talks about “rising from the current 33” in the case of Vox: DYM study).

In the case of Junts, the most recent demographic analyses still start from a representation of 7 deputies in the Congress, which is precisely the starting data from July 23, and project possible decreases to 6 or even 4 representatives in different scenarios, confirming that, as of today, their parliamentary group retains those seven seats.

In summary, based on the consulted sources, the situation is as follows: PSOE maintains 121 deputies, PP keeps 137, Vox remains with 33, the Plurinational Sumar Group now has 26, and Junts per Catalunya has 7. These numbers currently structure the parliamentary arithmetic of the Congress of Deputies.

Play

Test your knowledge with FREN!

How much do you know about this topic? Answer the following 3 questions.

What has the Congress approved regarding the nationality of Sahrawis born in Western Sahara under Spanish administration?

Question 1 of 3

Which parties voted in favor of the bill on Sahrawi nationality in Congress?

Question 2 of 3

When will Sahrawis be able to apply for Spanish nationality according to the approved bill?

Question 3 of 3