Nationality and statelessness among persons of Western Saharan origin

The territory of Western Sahara has a highly anomalous position in international law. It is categorised by the United Nations as a ‘non-self-governing territory’, but, unlike other similar territories, the state in effective control of the territory (Morocco) is not recognised as governing lawfully. The nationality status of those with a connection to the territory is thus complex. This article concludes that, with exceptions, those people who were habitually resident in the territory at the time of Moroccan occupation and who have remained there, or who have returned to the Moroccan-administered part of the territory, and whom Morocco considers to be nationals, may be recognised as such by other states. Those who did not remain and have not returned cannot be considered to be Moroccan nationals nor required to seek or accept Moroccan nationality. If they have not acquired any other nationality, they must be considered to be stateless persons.