Constitutional Provisions

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."

Treaty Adherence

Global Treaties

The Sahrawi Arab Democratic Republic (Western Sahara) is not recognised as a state by the United Nations.

Regional Treaties

Adherence to Regional Human Rights Treaties
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
Adherence to International Criminal Law Treaties at Regional Level
Malabo Protocol on Amendments to the African Court of Justice and Human Rights Not party

National Legislation

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. 

Police Oversight

No independent civilian oversight body has been established for any body conducting law enforcement tasks in the Sahrawi Arab Democratic Republic.

Caselaw

Global

There is no global human rights body with jurisdiction over the Sahrawi Arab Democratic Republic.

Regional

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.  

Downloads

2015 Constitution of the Sahrawi Arab Democratic Republic

ACHPR Concluding Observations on the Sahrawi Arab Democratic Republic (2015)

Human Rights Watch Report on Human Rights in the Tindouf Refugee Camps (2014)