<h6><strong>Eduardo González</strong></h6> <h4><strong>The PSOE MPs have once again shown their opposition this Tuesday to a bill by Sumar, their minority partner in the Government, to grant Spanish nationality to the Sahrawis born before 1976, when the territory was still under Spanish administration.</strong></h4> This is the second time that the socialists have rejected this initiative. The previous one took place in February 2023, in the middle of the honeymoon between Spain and Morocco after the decision of the president of the Government, Pedro Sánchez, to support the autonomy plan proposed by Rabat for Western Sahara. On that occasion, the socialists were left alone in the vote, but the process could not go ahead due to the sudden dissolution of the Chambers on the occasion of the early elections. The plenary session of the Lower House approved this Tuesday the consideration of the new bill to grant nationality to Sahrawis born under Spanish administration, presented by Sumar. According to the explanatory statement, the objective of the text is "to respond to the connection with Spain of the Sahrawi population, a necessary step to reinforce the coherence of our legal system." The processing of the proposal has gone ahead thanks to the votes of Sumar, PP, PNV, Junts, Podemos, Coalición Canaria, EH-Bildu, ERC and BNG (a total of 195) and despite the rejection of the PSOE (116 votes against) and the abstention of Vox (33). If the proposal is finally approved, it is estimated - according to data from the General Directorate of Spaniards Abroad - that around 200,000 people could opt for Spanish nationality, in addition to their descendants. In its proposal, the party led by Vice President Yolanda Díaz argues that in 1958, the regime of dictator Francisco Franco decided to convert its colonies in Africa into overseas provinces of Spain, which allowed the then called “Spanish Sahara” (in the hands of Spain since 1885) to become known as province number 53, with the status of metropolitan province. As a result, its inhabitants had representation in the Cortes (Parliament) of the dictatorship, possessed a Spanish national identity document and were able to study at Spanish universities, access the Civil Service and even be members of the Army and participate in the 1966 referendum on the draft Organic Law of State. Twenty years after its conversion into a metropolitan province, Spain definitively ended its presence in the territory on 26 February 1976. A Royal Decree of August 1976 established that those who met certain requirements could opt for Spanish nationality within a year, “but the Spanish administration had already abandoned the territory, thus making the effective exercise of that option impossible, as the Supreme Court made clear” in 1998 and 1999, Sumar recalls. Since Spain's departure, the territory of Western Sahara has been controlled by Morocco, whose sovereignty over the former Spanish province does not have international legal recognition. The United Nations has repeatedly called for the start of a decolonisation process. <h5><strong>The debate</strong></h5> During the debate on Tuesday, the Sumar MPs Teslem Andala Ubbi (from Mas Madrid and of Sahrawi origin) and Enrique Santiago (IU) claimed the “historical debt” that Spain has with the Sahrawi people and the “small reparation” that the approval of this law would represent after the “damage caused” by their delivery to Morocco. Likewise, Teslem Andala Ubbi (better known as Tesh Sidi) explained during her speech that she arrived in Spain “in 2002, at the age of three, and until I was granted nationality 20 years passed” due to the obstacles that Sahrawis face in obtaining nationality. She also showed her father’s Social Security card, who “was registered in Western Sahara” and whose card was signed “by the Spanish Ministry of Finance”. She also asked “what have the Sahrawis done to the PSOE to constantly try to erase us from the historical memory of this country.” For his part, the socialist Sergio Gutiérrez admitted that it is a “complex and sensitive” debate, but warned, beyond the “emotional ties,” that there are legal doubts about moving the law forward, he expressed his disagreement “that the process be that of a letter of nature” and rejected “the legal-technical procedure of the proposal” by Sumar, considering that it should not be the Polisario Front, a private entity not recognized by Morocco, that certifies the necessary documentation for nationality. “The correct way is to equalize processes, not to create express processes for analogous situations,” explained Gutiérrez, who recalled, in this regard, a non-law proposal from 2016 that allows Equatorial Guineans, in their condition as inhabitants of a former colony, to opt for the abbreviated procedure to request Spanish nationality. In his opinion, “comparing the Sahara process to that of Equatorial Guinea” could be “a good starting point”. Carmelo Barrio, from the PP, asked the PSOE “not to hide” behind legal arguments because it is an “unresolved” political issue that would be resolved with the Sumar proposal. Jordi Salvador, from ERC, warned that “the State has to start doing things right and stop being an accomplice to the oppression of the Saharawi people” and stated that “nationality is a right, not a favour”. For his part, Jon Iñarritu, from Bildu, was surprised by the socialists' rejection of a proposal that “is logical” and asked the Chamber that this rule “not be left on ice” and that “this injustice be repaired”. Maribel Vaquero, from the PNV, regretted “the 180-degree turn of the Government with respect to the Saharawi people”, and Martina Velarde, from Podemos, denounced that the arguments of the PSOE are “excuses” to maintain its “complacency” towards Morocco while Rabat continues “violating fundamental rights with total impunity”. José María Sánchez, from Vox, called for abstention and expressed his “grave suspicions” that behind the Sumar initiative there is a “crazy open border policy”. <h5><strong>The proposal and next steps</strong></h5> The initiative proposes that, in order to proceed with the granting of Spanish nationality, the status of Sahrawi will be accredited by the following certificates: the Spanish National Identity Document, the Certificate of registration in the Spanish census of 1974 or in the census for the Western Sahara Referendum issued by the United Nations, the Birth Certificate issued by the Sahrawi authorities, the birth certificate, family book or documents that accredit the status of public employee issued by the Spanish administration in Western Sahara, in addition to any other document from a Spanish administrative authority that accredits birth in Western Sahara before February 26, 1976. The procedure for requesting the acquisition of nationality is also explained, which “will not be subject to any tax and will be submitted within two years from the entry into force of this law.” Once the debate on consideration has been completed, the bill will be sent to the competent committee and the corresponding period for submitting amendments to the whole and to the articles will begin. In the event that amendments to the whole are submitted, which can only be alternative texts, the debate on the whole will be held. Once the debate has been held, and if said amendments are rejected, the initiative will continue its processing in Congress. If the initiative is approved by the Lower House, it will be sent to the Senate to continue its parliamentary processing.
