DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Sahrawi Arab Democratic Republic
North Africa · Country law profile
Sahrawi Arab Democratic Republic: women’s rights and civic space laws
The Sahrawi Arab Democratic Republic is a member state of the African Union. The territory of Western Sahara has been on the UN list of Non-Self-Governing Territories since 1963, and this profile takes no position on sovereignty. According to the SADR’s combined periodic report to the ACHPR covering 2013 to 2025, the Constitution as amended in January 2023 protects equality and women’s participation, a 2023 organic law requires at least 33% women on electoral lists, and the Family Code sets the marriage age at 18 and requires both spouses’ consent. The SADR ratified the Maputo Protocol in 2022. Most Sahrawi refugees live in five camps near Tindouf in Algeria, where UN agencies report widespread food insecurity and anaemia among women of reproductive age and young children.
At a glance
| Capital | Laayoune (administrative capital) and Bir Lahlou (provisional capital), according to the SADR; its institutions operate largely from the Sahrawi refugee camps near Tindouf, Algeria |
|---|---|
| Legal system | Legal system based on the SADR Constitution and on codes adopted by its institutions, including a Penal Code, a Code of Criminal Procedure, a Labour Code and a Family Code |
| Official languages | Arabic (Spanish is also widely used, including on national radio) |
Key indicators
42% (21 of 51 members)Women in the Sahrawi National Council (2023)
2 of 17Women ministers (2024)
18Minimum legal age of marriage (2025)
76.9 per 100,000 live birthsMaternal mortality ratio (SADR figure) (2023)
97.9%Assisted deliveries (SADR figure) (2023)
16%Severe anaemia among pregnant women (SADR figure) (2024)
173,600Sahrawi refugees in the five camps near Tindouf (UNHCR planning figure) (2024)
80% to 88%Refugees food insecure or at risk of food insecurity (2024)
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | Signed 20 June 2006 / ratified 19 March 2022 / deposited 27 May 2023 (AU status list dated 19 September 2023) | None reported |
| CEDAW | No record of ratification found. The SADR is not a member of the United Nations | |
| CEDAW Optional Protocol | No record of ratification found. The SADR is not a member of the United Nations | |
| African Charter on the Rights and Welfare of the Child | Signed 23 October 1992; no ratification recorded on the AU status list dated 14 February 2023 | |
| ICCPR | No record of ratification found. The SADR is not a member of the United Nations | |
| Kampala Convention | Signed 23 October 2009 / ratified 27 November 2013 / deposited 27 January 2014 | |
| AU Convention on Cyber Security and Personal Data Protection (Malabo) | Not signed or ratified according to the AU status list dated 8 July 2024 | |
| African Charter on Human and Peoples’ Rights | Signed 10 April 1986 / ratified 2 May 1986 / deposited 23 May 1986 | |
| Protocol to the African Charter on the Rights of Persons with Disabilities in Africa | Ratified 21 September 2023, deposited 27 October 2023 (AU status list dated 22 May 2026); the SADR’s 2026 report to the ACHPR gives 23 June 2019 |
Constitution
| Constitution | Constitution of the Sahrawi Arab Democratic Republic, revised several times; the SADR’s 2026 report to the ACHPR refers to the 1995 Constitution as amended in January 2023 (the ACHPR’s 2015 concluding observations referred to the 2007 Constitution) |
|---|---|
| Equality guarantees | According to the SADR’s report to the ACHPR, Article 25 prohibits discrimination based on race, colour, sex, language, religion or opinion, Article 26 provides that citizens are equal before the law, and Article 42 commits the state to work for the advancement of women and guarantee their political, economic, social and cultural participation. Article 39 provides support for vulnerable groups including mothers, children, persons with disabilities and older persons |
| Quotas or parity | A 2023 organic law requires at least 33% women candidates on electoral lists, and lists that do not comply are rejected |
National laws
Gender-based and domestic violence
Penal Code (chapter on crimes against the person)
Criminalises crimes against the person such as murder and battery, which apply to violence against women. The SADR reports that no cases of violence against women have been registered in court.
Gaps: No specific law on violence against women, domestic violence or marital rape was found. The ACHPR noted in 2015 an absence of gender-disaggregated statistics.
Source: achpr.au.int, achpr.au.int
Harmful practices
Amendment to SADR law expressly outlawing slavery, 2011 (statute not named in the source)
Human Rights Watch reported in 2014 that SADR law was amended in 2011 to outlaw slavery expressly.
Gaps: Human Rights Watch documented that practices linked to slavery persisted in the camps and recommended stronger measures to eradicate them.
Source: hrw.org
Abortion and sexual and reproductive health
Constitution, Article 37
Recognises medical care and treatment as a right of every citizen.
Gaps: The legal grounds for abortion were not found. In 2015 the ACHPR regretted the lack of information on women’s and girls’ access to reproductive health and family planning services.
Source: achpr.au.int, achpr.au.int
Girls’ education
Constitution, Article 36, and the Law on School Legislation (amended 2005)
Make education compulsory and free; the SADR reports free school feeding and textbooks, along with criminal sanctions for parents who do not send children to school.
Source: achpr.au.int
Political participation and quotas
Organic law on electoral quotas, 2023
Requires at least 33% women candidates on electoral lists for elected councils and rejects lists that do not comply; the SADR reports that 21 of 51 members elected to the National Council in April 2023 were women.
Source: achpr.au.int
Political participation and quotas
Constitution, Article 42 (as amended in January 2023)
Commits the state to the advancement of women and to guaranteeing their political, economic, social and cultural participation.
Source: achpr.au.int
Access to justice and legal aid
Constitution as amended in January 2023 (access to justice provisions)
Provides for fair access to justice through a legal aid system available regardless of economic or social status, according to the SADR’s report.
Gaps: The implementing law on legal aid was not found.
Source: achpr.au.int
Access to justice and legal aid
Presidential Decree No. 5/2014 establishing the Saharawi National Commission for Human Rights (CONASADH)
Creates a national human rights commission that monitors violations and issues annual reports; the 2023 Constitution makes it a constitutional body (Articles 144 and 145). The SADR reports that 16 of its 33 members are women.
Source: achpr.au.int, hrw.org
Older persons
Constitution, Article 39
Provides state support for vulnerable groups including mothers, children, persons with disabilities and older persons.
Gaps: The AU status list dated 22 May 2026 records the SADR’s ratification of the AU Protocol on the Rights of Older Persons on 21 September 2023; the SADR’s report gives 23 June 2019.
Source: achpr.au.int
Women and girls with disabilities
Constitution, Article 39
Provides state support for persons with disabilities; the SADR reports special education centres, Braille instruction and a central directorate in the Ministry of Social Affairs.
Gaps: The AU status list dated 22 May 2026 records the SADR’s ratification of the AU Disability Protocol on 21 September 2023. No disability law specific to women was found.
Source: achpr.au.int, au.int
Civic space
| CIVICUS Monitor rating | Not rated separately by the CIVICUS Monitor |
|---|---|
| NGO and association law | No law on associations was found. Article 31 of the Constitution guarantees the right to form political parties and associations, which will be fully recognised after independence; the SADR reports that youth, women’s, workers’ and lawyers’ associations and several human rights organisations operate |
| Cybercrime law | No cybercrime law found |
| Human rights defenders law | No specific law found; Presidential Decree No. 5/2014 created the Saharawi National Commission for Human Rights |
| Public order and counter-terrorism | Human Rights Watch reported in 2014 that Penal Code Article 52 bis criminalises distributing material that harms security or public order, with 1 to 5 years’ imprisonment, and that military courts tried civilians for state security and drug offences |
| Notes | Human Rights Watch reported in 2014 that political parties other than the Polisario Front are not permitted before independence. The ACHPR’s 2015 concluding observations asked for details on how freedom of association is applied. The death penalty remains in law, under a de facto moratorium. |
Recent developments
- July to August 2015. The ACHPR adopted concluding observations on the SADR’s report for 2002 to 2012 and recommended ratification of the Maputo Protocol and abolition of the death penalty.
- 19 March 2022. The SADR adopted a Declaration on Gender Equality and ratified the Maputo Protocol, according to its report to the ACHPR.
- January 2023. The Constitution was amended; a 2023 organic law introduced a minimum 33% quota for women on electoral lists.
- April 2023. Elections to the Sahrawi National Council returned 21 women out of 51 members.
- 27 May 2023. The SADR’s instrument of ratification of the Maputo Protocol was deposited, according to the AU status list.
- May 2026. The ACHPR published the SADR’s combined periodic report covering 2013 to 2025.
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Ratify the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, as the ACHPR recommended in 2015.
- Publish the Family Code and adopt a specific law on violence against women, with gender-disaggregated data, as the ACHPR requested in 2015.
- Provide information on women’s and girls’ access to reproductive health and family planning services, as the ACHPR recommended.
- Abolish the death penalty by law, as recommended by the ACHPR.
- Report on implementation of the Maputo Protocol using the ACHPR reporting guidelines for the Protocol.
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: rape and sexual offences, sexual harassment, female genital mutilation, child marriage and age of marriage, family and personal status, inheritance and succession, land and property, labour and maternity, social protection, nationality, trafficking, online violence and cybercrime, data protection, human rights defenders, same-sex relations. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 7 of the 13 human rights and governance treaties below are ratified.
Other AU treaties (16)
Sources (15)
- achpr.au.int · sahrawi republic combined periodical reports 2013 2025eng
- unhcr.org · UNHCR%20Algeria%20Country%20Factsheet%20 %20January%202024
- unric.org · far from the headlines after 50 years refugees from western …
- maputoprotocol.up.ac.za · sahrawi arab democratic republic
- soawr.org · the sahrawi arab democratic republic has ratified the maputo…
- tbinternet.ohchr.org · Treaty
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CH…
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND ASS…
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND PERS…
- au.int · 36390 sl african charter on human and peoples rights 2
- au.int · 36440 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLE…
- achpr.au.int · cosadr 2002 2012eng
- hrw.org · human rights tindouf refugee camps
- soawr.org · sahrawi arab democratic republic
- press.un.org · gacol3399.doc
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.