Moroccan nationality

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The Moroccan nationality determines a person's affiliation with the Moroccan federation with the corresponding rights and obligations. Traditionally, it is assumed that there is an “eternal bond” between the Sultan, who as a descendant of the Prophet Mohammed is also legitimized as a spiritual leader, and his subjects.

For the period between the Treaty of Lalla Marnia ( Traité de Lalla-Marnia ) in 1845 and independence in 1956/58, “ Morocco ” is to be understood as a geographical term in the following .

Historical

Moroccan sultan's sphere of influence ( bilad al-maghzen ) in red. The areas of non-subject tribes ( bilad al-siba ) in gray. The latter often recognized his suzerainty as a religious leader.

The concept of citizenship for the Sultan's subjects emerged after 1845, when foreign powers, similar to the surrender of the Ottoman Empire , fought for protection rights for their citizens, including for Moroccans naturalized by them. These were then subject to a special jurisdiction through consuls, as was practiced in Japan in the Far East . France had been a de facto protecting power since the Treaty of 1860 .

Traditionally, the bond between a subject and the Sultan was feudal, i.e. based on the person. The areas loyal to him were called Makhzen . Until 1958, Moroccans had to be Muslims. B. the numerous Jews in their own districts, the Mellahs under a special right, but still subject to the Sultan, lived. Unbelievers was in the domain of the sultans u. a. the acquisition of real estate is prohibited.

1905 to 1956

The different administrative zones between 1912 and 1956.

International treaties and international law

The first internationally binding agreements date back to 1880. It was stipulated that Moroccans who had been naturalized by another state during a stay abroad without the express consent of their government were only allowed to live in their homeland as (protected) foreigners as long as had been the legal waiting period prior to their naturalization. Otherwise they had to become Moroccan subjects again or leave their homeland again.

The "Algeciras Act" of 1906, the German Reich's waiver of claims through the Morocco-Congo Treaty in 1911 and the Protectorate Treaty of March 30, 1912 led to the creation of a Spanish and French protectorate . The citizenship of the native subjects, who were still subject to the nominally "ruling" Sultan, did not change.

French Morocco

The Dahir of August 13, 1913 regulated the status of foreigners . H. withdrawn from being subject to Muslim-Moroccan law. The stateless former Italians and Russians , who became numerous after the First World War , were treated like French. The decree of November 8, 1921, analogous to the amendment made in France, introduced the double ius soli . For this, the opinion of the International Court of Justice “ Nationality Decrees Issued in Tunis and Morocco ” was issued on February 7, 1923. It was of importance for the further development of international law worldwide, as it was made clear: The question of nationality is based on national laws. Each state determines when someone acquires or loses their citizenship.

The double ius soli did not find practical application , as the courts in the Protectorate exclusively applied the ius sanguinis principles in the absence of a law regulating the acquisition or loss of Moroccan citizenship . Foreign wives who married Moroccan non-Muslims became non-Moroccan subjects through marriage.

The conditions for natives ( protégés ) to obtain full French citizenship (they were then called Évolués ) differed in different colonies. The regulations for French Morocco and Tunisia remained so that the natives were considered subjects of the nominally still ruling sultans. The granting of French citizenship to all residents of the colonies in 1953 did not apply to the protectorates.

Spanish Morocco

France ceded the northern part of its newly established protectorate to the Spanish administration by the treaty of November 27, 1912. The intermediary between Spain and the Sultan was the Caliph of Tétouan .

The Spanish citizenship of the residents or their acquisition was based on the rules in every constitution since 1812, the civil code of 1889 (which still knew the acquisition of local citizenship) and the first ordinance issued specifically for colonial subjects from 1931 were included.

This also applied to the areas of:

Cape Juby

The 30,000 km² large strip of land Cape Juby ("Tarfaya Strip") north of the Spanish Sahara had also been part of Spanish Morocco since 1916. It was left to Morocco in accordance with the terms of the Treaty of Cintra Bay on April 1, 1958, the week before April 10, 1958.

Ifni

Ifni was ceded to Spain in 1860 and was a Spanish protectorate from 1904 to 1952, then part of Spanish West Africa until January 10, 1958, when it was upgraded to an overseas province. This went hand in hand with full Spanish citizenship for the residents. It stayed that way until the handover to Morocco on July 1, 1969.

International Zone of Tangier

see main article: Tangier International Zone

The sovereignty of the zone that existed from 1929-56 also remained formally with the Sultan of Morocco, so that what was said about French Morocco applies there with regard to the citizenship of the Arabs. Citizens of the signatory powers of the Tangier Convention were permitted to stay without a visa.

The governor of the sultan was provided with a French official as an "advisor". Litigation came before a mixed international court.

Independent kingdom since 1956

Different possible borders, cause of the Algerian-Moroccan border war in 1963. The disputed region was largely deserted, apart from nomadic tribes. It was not until 1972 that Morocco signed a border treaty with Algeria in which it gave up its claims to the Tindūf area. This Ifrane Treaty and the results of the Boundary Commission were only ratified by Morocco in 1989.

Nationality Act 1958

The nationality law after independence was based on the principle of descent via the male line. The rule that a Moroccan had to be a Muslim was dropped.
The material responsibility lies with the Ministry of Justice, which arranges a police check. A six-member inter-ministerial commission has been deciding on citizenship issues since 2007. The Council of Ministers has the formal final say.

The law of 1958 introduced the possibility of acquisition for the first time. Children from mixed marriages, with a foreign father, could now become Moroccans by declaration within two years of coming of age. A foreign man marrying in was no more entitled to naturalization than the children of a stateless couple born in Morocco. A two-year waiting period applied to wives marrying. The double ius soli introduced in 1921 continues to exist. Naturalization in the form of the option was possible for Arabic-speaking men who came from countries with a majority Muslim population. If they had lived in the country for fifteen years, they could become Moroccans. The deadlines for civil servants and those with Moroccan wives were shorter.

The amendments to the civil code in the direction of more equality in 1993, 2004 (which among other things enabled paternity recognition ) and 2007 had an impact on citizenship. The bond between single women and emigrant children and the Moroccan state was strengthened. At the same time, the naturalization of immigrants was made more difficult.

Until 2007 the child belonged to his father's family. The illegitimate, fatherless child had no legal existence. An exception was only made for children of stateless fathers with Moroccan mothers who were born in Morocco. Since the reform, the registration at the registry office, which is now possible for adults, has been linked to the retrospective acquisition of citizenship.

By birth , every child (until 2017 "son") becomes a Moroccan, provided that at least one parent is Moroccan, regardless of whether the birth takes place abroad and is legitimate or illegitimate. However, this is contradicted by the fact that children of Muslim origin can only register at the registry office if they were born in wedlock. This registration must be made within 30 days. Foundling children who have been cared for by Moroccans for five years as part of a Kafala “adoption” are also automatically considered to be Moroccans .

Dual citizenship from birth (especially abroad) is allowed. If only the mother is Moroccan, the child at the age of 18–20 (previously 21) has the option of withdrawing from Moroccan citizenship.

Children born in Morocco by foreigners legally residing in the country are naturalized by declaration two years before they reach the age of majority. All other foreigners upon application after five years of legal residence, provided that the applicant is healthy, solvent, largely innocent and speaks sufficient Arabic. Permits also depend on whether they are in the interests of Morocco. The waiting period now also applies to wives who marry. These conditions have otherwise remained essentially unchanged since 1958.
Merit citizens by the king are then possible without preconditions if it is of use to the state.

Naturalization applications must be decided within one year. If this does not happen, the application is considered rejected. Naturalization, which always includes underage children, is granted by decree, a so-called dahir . They are published in the State Gazette ( Bulletin Officiel ). Denials can be challenged for five years.

New citizens do not have the right to vote for five years and cannot become civil servants for that long.

Re-naturalization of former Moroccans is only possible if the person was a Moroccan from birth.

The release from citizenship is it to assume a different or because double rule is, always requires a permit. This has been strictly applied since Spain naturalized numerous Moroccans living in the country in 1959. It is reluctant to be granted because one continues to assume an "eternal bond" between the sultan and his subjects. Even in the third generation, descendants of guest workers living abroad are considered Moroccans in their homeland.

A withdrawal is possible in the event that the person concerned did not give up a foreign civil servant position or service in a foreign army six months after being officially requested. Other reasons - only for naturalized persons in the first ten years - are the conviction for a crime against the state or more than five years imprisonment or avoidance of military service. Such measures do not extend to wives and unmarried minors.

To the extent that the public prosecutor's office was responsible for appeals, etc. until 2007, they are now with the ministry. The judicial process now also begins with the Moroccan equivalent of a local court instead of the regional court.

statistics

In the 50 years from independence to the 2006 legislative reform, only 6,288 people acquired Moroccan citizenship. 62% of these were Algerians who met the easier conditions for Muslims. There were only “real” naturalizations in 1646.
The number of naturalized persons remained manageable even afterwards.

emigration

About 100,000 Jews left the country between 1961 and 1964. This trend continued: of the estimated 265,000 in 1948, around 3,200 were still in Morocco in 2006. This exodus was triggered because the politics of the State of Israel from 1948 and the Suez Crisis had inflamed the anger of their Arab neighbors, which had an impact on the living conditions of the infidels.

The Moroccan diaspora is estimated at a good five million worldwide. In Europe, these are mainly migrant workers and their descendants. There are 1½ million in France, 800,000–900,000 in Spain and 425,000 each in Italy and Belgium. The fact that they inevitably (have to) remain dual nationals when they change citizenship in the host country because of the dismissal permits that are seldom granted by the Moroccan side has led to criticism from European governments. However, there has been a rethinking in Europe since the turn of the millennium and reforms have made many countries more tolerant on this point.

refugees

Morocco signed the Convention on the Status of Refugees in 1957. A hardly active commission in the Ministry of Foreign Affairs was responsible. In 2014 a reorganization took place in the form of the Bureau marocain des réfugiés et des apatrides (BMRA). Recognized refugees have been able to naturalize under simplified procedures since 2010. A further relaxation for certain groups of people who lived illegally in the country took place in 2017. The application deadlines were shortened for seriously ill people who had entered the country up to 2013, women living with Moroccans for two years and their children (four years with foreigners legally residing in the country) and people who had had a permanent employment contract for at least two years. As a result, around 50,000 applicants initially received a residence permit by the end of 2018.

Western Sahara

Passport of the Western Sahara.

see main articles: Spanish Sahara , MINURSO

Spain established a protectorate over the nomadic tribes of the Western Sahara in 1884 through agreements with the local sheikhs. On April 9, 1934, the Spanish Sahara was declared "part of the Spanish fatherland", which formally ended its colonial status. In 1955/8 the area became an overseas province ( Provincia Sahara Español ) with a corresponding effect on the Spanish citizenship of the then approx. 32,000 inhabitants.

The UN has considered Western Sahara to be “sovereign territory without self-government” since 1963. To the east of the wall, around 30,000 Sahauris live in the desert. Under international law, the Moroccan invasion of December 1975 is an illegal occupation that is continuing. About half of the population at that time fled before the invasion. There has been an armistice since April 16, 1991.

The validity of the Moroccan Nationality Law was extended to the territory of Western Sahara in 1979. As a result, Sahrawis in the part of Western Sahara administered by Morocco generally only have Moroccan citizenship if one of their parents was already a Moroccan citizen, or if they have received citizenship individually. "Even according to Moroccan citizenship law, the Sahrawis do not have Moroccan citizenship per se ." The estimated 600,000 people living west of the Moroccan wall , an estimated 600,000 people, receive appropriate papers. Morocco regularly withdraws the passport and identity card from its citizens if they are in the civil service or publicly advocate independence for Western Sahara. The 165,000 citizens of the Democratic Arab Republic of the Sahara, who mainly live in camps around Tindūf in Algeria, receive a corresponding ID card from the Interior Ministry at 18, which also issues passports for those countries that recognize it. To leave the camp, they usually receive a three-month permit from the Algerian government. For humanitarian reasons, it issues its passports (with appropriate entries) for trips to other countries.

Since Spain left the territory in 1976 without an official transfer of sovereignty, the residents there had no option, neither for the Spanish nor the Moroccan, respectively. Mauritanian citizenship. The Spanish Supreme Court has for many years held the position that Sahauris should be regarded as Moroccan citizens. A first judgment in September 2013 granted status and statelessness to those born in 1975 . This view has since been adopted by the Home Office.

literature

  • Acquaviva, Antoine; La condition civile des étrangers au Maroc (Dahir du 12 août 1913); Montpellier 1936 [Diss. iur., Université de Montpellier]
  • Belkziz A .; Nationality in the pays arabes; Rabat 1967 (Cahiers de l'Université de Mohamed V)
  • Decroux, Paul; Essai sur la nationalité marocaine (avec les textes concernant la nationalité marocaine et la nationalité française au Maroc); s. l. [Melle, Deux-Sèvres] s. n. [approx. 1935]
  • European Commission; Ad-Hoc Query on Citizenship status of persons from Western Sahara (Sahrawi citizens) ; Requested by FI EMN NCP on April 10, 2015; June 9, 2015
  • Geiser, Alexandra; Western Sahara: nationality ; Bern 2015 (SFH country analysis)
  • Guiho, Pierre; La nationalité marocaine; Rabat 1961 (éd.Laporte, Librairie de Médicis)
  • Hecker, Hellmuth; Tomson, Edgar; French nationality law including overseas territories and former colonies; Frankfurt 1968
  • Levy, Georges; Nationalité marocaine et les conflits de nationalité; Paris 1949 [Diss. iur .; hectogr.]
  • Manby, Bronwen; Nationality and statelessness among persons of Western Saharan origin; Tottel's Journal of Immigration, Asylum and Nationality Law, Vol. 34 (2020), pp. 9–29
  • Martín Pérez, Alberto; Moreno Fuentes, Francisco Javier; Dealing with Loopholes in National and EU Citizenship: Spanish Nationality in the Case of Western Sahara; in: Guild, Elspeth (ed.); Reconceptualization of European Union Citizenship; Leiden 2004 (Brill), pp. 149-66
  • Perrin, dolphins; Country Report: Morocco; San Domenico di Fiesole 2011 (CADMUS); RSCAS / EUDO-CIT-CR 2011/42
  • Perrin, dolphins; Identité et transmission du lien national au Maghreb: étude comparée des codes de la nationalité; L'Année du maghreb, III, 2007
  • Ruiz-Almodovar, Caridad; Ley Marroquí de nacionalidad; MEAH, sección árabe-islam, Vol. 59 (2010), pp. 115-35; [Commentary and sp. Exercises]
  • Urban, Yerri; L'Indigène dans le droit colonial français 1865–1955; 2011 (Fondation Varenne)

Individual evidence

  1. ↑ Art. 14 ff. Of the Convention on the Exercise of Property Rights in Morocco
  2. ↑ Traité de protectorate, closed in Fès (officially English: British and Foreign State Papers, Vol. 106, p. 1023), i. V. m. the Franco-Espanole Convention on November 27, 1912.
  3. ↑ See Acquaviva (1936).
  4. ↑ Limits of the regulatory authority arise from international law. First the Hague Agreement of 1930. Morocco has not acceded to it, but its content has now become customary international law.
  5. ↑ The " Berber Decrees" in 1930 created special courts to interpret the civil law of this tribe.
  6. ↑ For non-North African areas cf. Solus, Henry; Traité de la condition des indigènes en droit privé; Paris 1927.
  7. ^ Engl .: Franco-Spanish Convention regarding Morocco of November 27, 1912; British and Foreign State Papers, Vol. 106, p. 1025. Already in a secret agreement in 1904 one had suited oneself to zones of influence.
  8. ↑ Tratado de Retrocesión, Official State Gazette , the 8805th
  9. ↑ Relevant international treaties of December 18, 1923 ( Convention relative à l'Organisation du Statut de la Zone de Tanger ), July 25, 1928 and Aug. 31, 1945 ( Agreement for the re-establishment of the International Administration of Tangier ) . Detailed: 1) Rouard de Card, Edgard; The statut de Tanger d'après la Convention on December 18, 1923; Paris 1925 (Pedone); 2) Tanger sous le protectorat de l'Espagne pendant la guerre mondiale: Ministère des affaires exterieures. June 1940 - October 1945; Madrid 1946.
  10. ↑ Germans and Japanese were banned from entering the country after 1945. (Vernier, Victor; La singulière zone de Tanger; Paris 1955).
  11. ↑ See 1) Alan, James; Dispute Between Algeria and Morocco (1963-1964); Peacekeeping in International Politics, 1990, pp. 97-9; 2) Heggoy, Alf Andrew; Colonial Origins of the Algerian-Moroccan Border Conflict of October 1963; African Studies Review Vol. 13 (1970), pp. 17-22.
  12. ↑ Dahir n ° 1-58-250 of September 12, 1958, in effect October 1, Arabic text in the State Gazette n ° 2394 of September 12, 1958.
  13. ↑ Sp. Obs .: Ruiz-Almodóvar, Caridad ;; El derecho privado en los países arabes: códigos de estatuto personal…; Granada 2005 (Universidad de Granada); Pp. 225-292.
  14. ↑ Amendment by law n ° 62-06 2007, in force by Dahir n ° 01-07, March 3, 2007. Arab./frz. bilingual edition: Code de la Nationalité Marocaine; Rabat 2007 (Revue Marocaine d'Administration Locale et de Développement).
  15. ↑ Loi n ° 37-99 relative à l'état civil, promulguée par le dahir n ° 1.02.239 du 25 rejeb 1423 (3 Oct. 2002) and Loi n ° 70.03 portant code de la famille, promulguée par le Dahir 1.04 .22 du 3 février 2004.
  16. ↑ Until 2002: 21 years, since then 18.
  17. ↑ "en quoi la faveur sollicitée est justifiée au point de vue national"
  18. ↑ [1]
  19. ↑ Loi n ° 02-03 du 11 November 2003 relative à l'entrée et au séjour des étrangers au Royaume du Maroc, à l'emigration et l'immigration irrégulières; in force by Décret n ° 2-10-60718 from 1st of April 2010.
  20. ↑ The possibility of “reintegrating” former Sahauris in Spanish law cannot be dealt with here. See the case of Ahmed Lekhrif, who was dismissed from the Moroccan Ministry of Foreign Affairs in 2008 after being reacquired.
  21. ↑ As part of decolonization, the area was to become independent or part of the neighboring states after a short communal administration. Western Sahara: Advisory Opinion (1975); International Court of Justice Reports 12 (1975).
  22. ↑ a b German Bundestag, Scientific Services; Effects of the international legal status of Western Sahara on Moroccan citizenship law and the asylum procedure in Germany; WD 2-3000-063 / 16 (2016-05-18).
  23. ↑ Which never happened when they opposed the occupation. Manby, B .; Struggles for citizenship in Africa; London 2009 (Zed Books)
  24. ^ Canada, Refugee Board; Algeria: Citizenship of persons born in the Sahrawi refugee camps in Tindouf; whether they have identity documents and / or a birth certificate; whether and how a person can leave Tindouf ; DZA34601.E; 2002-07-18
  25. ↑ Only Sahauris living in Spain or abroad with a Spanish passport had the option to register for one year, according to Real Decreto 2258/1976.
  26. ↑ The granting of Mauritanian citizenship , to which the greater area of ​​the Spanish Sahara belonged after the colonial rulers withdrew in 1976-79, for camp inmates in Tindūf was controversial in the 2019 presidential election campaign. The then-elected Mohamed Ould Ghazouani is opposed to the Polisario's desire for a state of their own.
  27. ↑ See Ruiz Miguel, C .; Nacionalidad española de ciudadanos saharauis: Secuela de una descolonización frustrada (y frustrante); Revista General de Derecho, no.663 (1999).
  28. ↑ [2]
  29. ↑ The government of the FRG assumes that the Sahauris who do not live under Moroccan administration have almost all Algerian or Spanish citizenship (information from Minister of State Michael Roth, Annex 21 to the plenary minutes of the 166th session of the German Bundestag on April 27, 2016, p. 16345.)