The Sahrawi Arab Democratic Republic (Western Sahara) is recognised as a state by the African Union but not the United Nations. The 2015 Constitution of the Sahrawi Arab Democratic Republic does not guarantee the rights to life or to freedom from torture. Article 28, however, prohibits
to violate anyone’s sense of morality or honour or to exert any kind of physical or moral violence against him/her or infringe his/her dignity.
The right to freedom of assembly is not guaranteed under the Constitution.
Article 21 of the Constitution provides that: "The State shall be responsible for public order and the security of persons and property."
The Sahrawi Arab Democratic Republic (Western Sahara) is not recognised as a state by the United Nations.
|1981 African Charter on Human and Peoples' Rights||State Party|
|1998 Protocol to the African Charter on the African Court||State Party|
|Article 34(6) declaration regarding individual petitions||No|
|Malabo Protocol on the African Court of Justice and Human Rights||Not party|
Police Use of Force
There are a number of informal bodies operating in the Sahrawi Arab Democratic Republic that conduct policing.
There is no national legislation governing use of force by law enforcement agencies in the Republic.
No independent civilian oversight body has been established for any body conducting law enforcement tasks in the Sahrawi Arab Democratic Republic.
There is no global human rights body with jurisdiction over the Sahrawi Arab Democratic Republic.
In its 2015 Concluding Observations on the Sahrawi Arab Democratic Republic, the African Commission on Human and Peoples' Rights noted efforts to inculcate law enforcement officials with training in human rights but regretted the absence of reference by the state to specific actions to combat torture. The Commission called for dissemination of the Robben Islands Guidelines.