The Spanish Congress of Deputies’ adoption of the regulation expanding the path to citizenship for Sahrawis brings a period that appeared to have closed half a century ago back into today’s politics. The text, which passed in the lower house with 168 votes in favor, 31 against, and 145 abstentions, covers people born during Spanish rule and their children. It is estimated that between 70,000 and 110,000 people could benefit from this regulation.[i] A decision covering such a broad segment will have concrete consequences for the legal status and mobility of families within Europe.
When colonial administrations come to an end, flags change, while identity records, family ties, and legal uncertainties continue to persist. Spain’s withdrawal from the Spanish Sahara also left thousands of people having to debate for years what their ties to the former administration meant. The current regulation does not bring the past back; rather, it provides a belated response to individual rights claims arising from Madrid’s own administrative legacy. Citizenship thus becomes an attempt to close the unfinished paperwork of history through contemporary law.
Nevertheless, the vote in the lower house does not constitute the final stage of the process. The text must pass through the Senate, enter into force, and have its application procedures determined. The current regulation grants a three-year application period to those entitled to the right who were born before September 29, 1977, allows this period to be extended by one year, and provides for a separate five-year period for children after their parents acquire citizenship.[ii] The broad right existing on paper will be reflected in real life to the extent that access to archival records and the documentation of lineage become easier.
Although the most visible consequence of the regulation is the issuance of a Spanish passport, the opportunities it provides extend beyond national borders. Those who acquire Spanish citizenship also gain the rights to live, work, study, and seek employment within the European Union.[iii] Therefore, the legal status granted by Madrid may create a new sphere of mobility extending from Madrid to Paris or Brussels for the children of Sahrawi families. Here, citizenship constitutes not only the formal recognition of identity but also a concrete gateway to education, employment, and social security.
In this respect, the decision also turns citizenship into an instrument of diplomatic influence. When a state grants passports to people living in a territory it governed in the past, it establishes a lasting legal and sense-of-belonging relationship with them despite the passage of years. The education, working lives, family reunification, and political participation of new citizens may intensify Spain’s relations with Sahrawi society. Madrid may thus gain a long-term sphere of influence through people and institutions without establishing an administrative presence in the region.
However, not every passport means permanent migration. While some families may prefer to settle in Europe, others may continue their existing lives and use their new status for education, trade, or travel purposes. The transfer of knowledge and income acquired in Europe to families may strengthen economic ties between the Sahara and the continent. Therefore, the impact of citizenship will be determined not by how many people move to Spain, but rather by what opportunities the new status opens up in the lives of families.
Ensuring that the application process is equally accessible to everyone is also of particular importance. While families able to access old population records, document their lineage, or obtain legal assistance may progress more quickly, those with limited resources may be left behind. The staffing capacity of consulates, the clarity of the documents to be submitted, and the effectiveness of avenues for appeal will prevent a regulation prepared with the aim of protecting human rights from turning into a selective application.
The way the decision will be received in Morocco–Spain relations is closely connected to the distinction Madrid will establish between the legal and political spheres. While the two countries began a new period based on communication, mutual respect, and common interests in 2022, Spain’s recognition of Morocco’s autonomy initiative as a serious, realistic, and credible basis for a solution has strengthened the political foundation of this rapprochement.[iv] The citizenship step, if properly explained, does not mean reversing this orientation.
Because citizenship law and foreign policy concerning regional status operate in separate spheres. The regulation responds to personal and family ties that emerged during Spain’s former administration, and does not produce a new decision concerning sovereignty. If Madrid clearly maintains this distinction, a manageable balance can be established between Morocco’s legitimate sensitivities and individual rights claims. Conducting applications as a regular and predictable administrative procedure, removed from political messages, will also make this distinction more visible.
Algeria and the Polisario Front, meanwhile, will evaluate the regulation from the perspective of their own political narratives. Polisario may present the emphasis on Spain’s past responsibility as a diplomatic gain, while Algeria may use this interpretation in regional competition. However, granting citizenship to an individual does not automatically result in the recognition of a separatist political project. Keeping the law within the sphere of individual rights constitutes the soundest approach to preventing the passport from becoming a political symbol used against Morocco.
One of the most sensitive areas in practice will be consular relations. The civil status records, travel documents, family reunification, or judicial procedures of individuals who acquire Spanish citizenship may create new contacts between the institutions of the two countries. Addressing these issues through technical channels before they become problems will both protect rights holders and support trust between Rabat and Madrid. The success of the citizenship policy will depend on the day-to-day and often invisible functioning of diplomacy.
From the perspective of the European Union, the development demonstrates how quickly citizenship decisions by member states can be transferred into foreign policy. When Spain grants a group passports under its national law, other European countries also encounter the circulation, employment, and residence rights of these individuals. Thus, a historical Spanish file concerning the Sahara becomes a common issue in terms of the European labor market and border management. The fact that Brussels does not have direct decision-making authority in the process does not mean that it will be unaffected by the consequences.
Ultimately, the regulation reflects Spain’s willingness to reconsider a legacy approaching fifty years through a legal bond. Its lasting value will be determined not so much by the number of passports issued as by the fair conduct of applications, the transparent examination of documents, and the transfer of acquired rights into daily life. Madrid’s consideration of its strategic partnership with Morocco while protecting individual rights may also limit the instrumentalization of the decision by regional competition. Citizenship cannot erase the past entirely, but when implemented carefully, it can reduce the uncertainty left by history without creating a new source of tension.
[i] “Spain approves citizenship for Sahrawis born under Spanish rule”, Reuters, 10 Eylül 2026, https://www.reuters.com/world/africa/spain-approves-citizenship-sahrawis-born-under-spanish-rule-2026-09-10/ (Date of Access: September 15, 2026).
[ii] “El Congreso da luz verde a la ley que otorga la nacionalidad española a los saharauis”, Cadena SER, 10 Eylül 2026, https://cadenaser.com/nacional/2026/09/10/el-congreso-da-luz-verde-a-la-ley-que-otorga-la-nacionalidad-espanola-a-los-saharauis-en-plena-tension-con-marruecos-cadena-ser/ (Date of Access: September 15, 2026).
[iii] “Residence rights”, European Union, 16 Haziran 2026, https://europa.eu/youreurope/citizens/residence/residence-rights/index_en.htm (Date of Access: September 15, 2026).
[iv] “Pedro Sánchez y Mohamed VI inician una nueva etapa en las relaciones entre España y Marruecos”, La Moncloa, 7 Nisan 2022, https://www.lamoncloa.gob.es/presidente/actividades/Paginas/2022/070422-sanchez-marruecos.aspx (Date of Access: September 15, 2026).
