Moroccan nationality law
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Moroccan
nationality law Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
is regulated by the
Constitution of Morocco The Constitution of Morocco is the supreme law of the Kingdom of Morocco. The constitution defines Morocco as a constitutional monarchy and lays out the fundamental rights of Moroccan citizens, it also defines the basis and structures of governm ...
, as amended; the Moroccan Nationality Code, and its revisions; the
Mudawana The ''Mudawana Ousra'' (or ''Moudawana Ousra'', ar, المدوّنة, lit=code), short for ''mudawwanat al-aḥwāl al-ousaria-shakhṣiyyah'' (, ), is the personal status code, also known as the family code, in Moroccan law. It concerns issu ...
(Family Code; the Civil Liberties Code; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Morocco. The legal means to acquire
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Moroccan nationality is typically obtained under the
jus sanguinis ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
, i.e. by birth in Morocco or abroad to parents with Moroccan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.


Acquisition of nationality

Nationality can be acquired in Morocco at birth or later in life through naturalization.


By birth

Moroccan law provides that those who acquire nationality at birth include: * Children born anywhere to a Moroccan national; however, nationality to a child born abroad to a Moroccan mother can be renounced once the child reaches the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
; * Children born in Morocco to a father who was born in the territory and is from a country with a predominantly Arab-Muslim culture, or children born to foreign parents both of whom were born in Morocco and have permanent residency must register under a non-discretionary program; or * Newborn
foundlings Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a ...
born in the country whose parents are unknown.


By naturalization

Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they speak Arabic and understand the customs and traditions of Morocco. General provisions are that applicants have good character and conduct; are in good physical and mental health; are able to economically support themselves; and have no criminal record. Applicants must typically have resided in the country for five years. Adoption under Muslim law does not create a familial relationship, therefore a child cannot acquire nationality from a Moroccan parent by virtue of being adopted. If the adopted child was a foundling, with unknown parentage, the legal guardian can apply for a child to acquire nationality, or the child can acquire nationality on their own behalf based upon birth in the territory within two years prior to reaching majority. Besides foreigners meeting the criteria, other persons who may be naturalized include: * Children born in Morocco, to foreign parents both of whom were born in Morocco, who did not previously acquire nationality and who are regular residents of Morocco, may opt for Moroccan nationality within two years of reaching majority; * Minor children are automatically naturalized when their parent acquires nationality; * The wife of a Moroccan national after a five-year residency period; or * Persons who have performed exceptional service to or have an exceptional interest in the nation may naturalize without meeting typical requirements by royal decree.


Loss of nationality

Moroccan nationals can renounce their nationality with the approval of the authorities. Moroccans of origin may lose their nationality for working on behalf of another country without the permission of Moroccan authorities. Naturalized persons may be
denaturalized Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the state ...
in Morocco for disloyalty to the state; committing crimes against the state or state security; ordinary crimes; refusal to complete military service; or for fraud, misrepresentation, or concealment in a naturalization petition. Persons who previously had nationality and wish to repatriate must formally request reinstatement.


Dual nationality

Morocco has allowed nationals to hold
dual nationality Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on ...
, since 1958.


History


Background (200 BCE-1500)

The indigenous people to the region were the
Berbers , image = File:Berber_flag.svg , caption = The Berber ethnic flag , population = 36 million , region1 = Morocco , pop1 = 14 million to 18 million , region2 = Algeria , pop2 ...
, who typically organized under dynasties united by decentralized confederations. Migrants from Rome, in the second century BCE, formed alliances with the Berbers to gain control of the region they named
Mauretania Tingitana Mauretania Tingitana (Latin for "Tangerine Mauretania") was a Roman province, coinciding roughly with the northern part of present-day Morocco. The territory stretched from the northern peninsula opposite Gibraltar, to Sala Colonia (or Chella ...
. They were ousted from the region by the Vandal Kingdom, which controlled what is now Algeria and Tunisia between 429 and 533 AD, leaving the Berbers in control of present-day Morocco. In 683,
Musa ibn Nusayr Musa ibn Nusayr ( ar, موسى بن نصير ''Mūsá bin Nuṣayr''; 640 – c. 716) served as a Umayyad governor and an Arab general under the Umayyad caliph Al-Walid I. He ruled over the Muslim provinces of North Africa (Ifriqiya), and direct ...
of the
Umayyad dynasty Umayyad dynasty ( ar, بَنُو أُمَيَّةَ, Banū Umayya, Sons of Umayya) or Umayyads ( ar, الأمويون, al-Umawiyyūn) were the ruling family of the Caliphate between 661 and 750 and later of Al-Andalus between 756 and 1031. In the ...
of
Damascus )), is an adjective which means "spacious". , motto = , image_flag = Flag of Damascus.svg , image_seal = Emblem of Damascus.svg , seal_type = Seal , map_caption = , ...
, now in
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
, pushed into
Ifriqiya Ifriqiya ( '), also known as al-Maghrib al-Adna ( ar, المغرب الأدنى), was a medieval historical region comprising today's Tunisia and eastern Algeria, and Tripolitania (today's western Libya). It included all of what had previously ...
, establishing political authority over and Islamic conversion of the Berbers. During the tenth century alliance of Berber tribes with kinship ties, established the
Zenata kingdoms The Zenata (Berber language: Iznaten) are a group of Amazigh (Berber) tribes, historically one of the largest Berber confederations along with the Sanhaja and Masmuda. Their lifestyle was either nomadic or semi-nomadic. Etymology ''Iznaten (ⵉ ...
during the period of Umayyad rule and aligned themselves with the dynasty. These groups would rule in northern Morocco through the second half of the eleventh century. In 786,
Idris ibn Abdallah Idris (I) ibn Abd Allah ( ar, إدريس بن عبد الله, translit=Idrīs ibn ʿAbd Allāh), also known as Idris the Elder ( ar, إدريس الأكبر, translit=Idrīs al-Akbar), (d. 791) was an Arab Hasanid Sharif and the founder of the ...
fled from
Mecca Mecca (; officially Makkah al-Mukarramah, commonly shortened to Makkah ()) is a city and administrative center of the Mecca Province of Saudi Arabia, and the Holiest sites in Islam, holiest city in Islam. It is inland from Jeddah on the Red ...
after the
Battle of Fakhkh The Battle of Fakhkh () was fought on 11 June 786 between the forces of the Abbasid Caliphate and the supporters of a pro-Alid rebellion in Mecca under al-Husayn ibn Ali, a descendant of Hasan ibn Ali. Husayn and his supporters planned an upris ...
and made his way to Walīla in the northern part of Morocco. He was a member of the Hasanid branch of descendants of the prophet
Muhammad Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
and in 789 became ruler Idris I, establishing the
Idrisid dynasty The Idrisid dynasty or Idrisids ( ar, الأدارسة ') were an Arab Muslim dynasty from 788 to 974, ruling most of present-day Morocco and parts of present-day western Algeria. Named after the founder, Idris I, the Idrisids were an Alid an ...
, which ruled until 974. When the Umayyad dynasty collapsed in the middle of the eleventh century, the political organization fragmented, giving strength to the idea of the need for a unitary Islamic state in the
Maghreb The Maghreb (; ar, الْمَغْرِب, al-Maghrib, lit=the west), also known as the Arab Maghreb ( ar, المغرب العربي) and Northwest Africa, is the western part of North Africa and the Arab world. The region includes Algeria, ...
focused on caliphial authority. In other words, the rulers of Morocco from this time forward could not rely on religious allegiance alone, but to gain political legitimacy must have descent from the prophet, granting them the supreme right to rule.
Sanhaja The Sanhaja ( ber, Aẓnag, pl. Iẓnagen, and also Aẓnaj, pl. Iẓnajen; ar, صنهاجة, ''Ṣanhaja'' or زناگة ''Znaga'') were once one of the largest Berber tribal confederations, along with the Zanata and Masmuda confederations. Ma ...
chieftains founded the
Almoravid dynasty The Almoravid dynasty ( ar, المرابطون, translit=Al-Murābiṭūn, lit=those from the ribats) was an imperial Berber Muslim dynasty centered in the territory of present-day Morocco. It established an empire in the 11th century that s ...
in Morocco in 1056. They pursued political domination through conquest and religious conversion to their movement. Their society was organized in a hierarchical system wherein the military caste was dominant. Under their system, military service was a privilege, and administrative posts in the government were part of the military system. In 1146, the
Almohads The Almohad Caliphate (; ar, خِلَافَةُ ٱلْمُوَحِّدِينَ or or from ar, ٱلْمُوَحِّدُونَ, translit=al-Muwaḥḥidūn, lit=those who profess the unity of God) was a North African Berber Muslim empire fo ...
conquered the region after laying siege to
Marrakech Marrakesh or Marrakech ( or ; ar, مراكش, murrākuš, ; ber, ⵎⵕⵕⴰⴽⵛ, translit=mṛṛakc}) is the fourth largest city in the Kingdom of Morocco. It is one of the four Imperial cities of Morocco and is the capital of the Marrakes ...
and seized control of the region. Moving their capital to
Andalusia Andalusia (, ; es, Andalucía ) is the southernmost Autonomous communities of Spain, autonomous community in Peninsular Spain. It is the most populous and the second-largest autonomous community in the country. It is officially recognised as a ...
, they embarked on an intellectual renaissance. The Almohads were defeated in Andalusia in 1212 by Christian Spaniards and during fifty years of war struggled to retain control of Morocco. In 1244, the Marinids dynasty began a series of campaigns to conquer the region, eventually ending Almohad control in 1269. Under their rule, the sultan provided security and judicial administration in exchange for loyalty and alliances, granting concessions to expand their economic control. Internal conflicts within the Marinid dynasty weakened their authority allowing Spanish and Portuguese traders to capture coastal areas. For example, in 1415,
Ceuta Ceuta (, , ; ar, سَبْتَة, Sabtah) is a Spanish autonomous city on the north coast of Africa. Bordered by Morocco, it lies along the boundary between the Mediterranean Sea and the Atlantic Ocean. It is one of several Spanish territorie ...
was captured by Portuguese forces, who led a military campaign to conquer northern Morocco. They founded a series of trading forts along the Atlantic coast of West Africa. Introduction of Europeans created cultural clashes, as allegiance to a sultan was not territorial, but rather to the legitimacy of the ruler as a descendant and representative of Muhammad. The inability of the Marinds to stop the European invasion, brought about the rise of the
Wattasid dynasty The Wattasid dynasty ( ber, Iweṭṭasen; ar, الوطاسيون, ''al-waṭṭāsīyūn'') was a ruling dynasty of Morocco. Like the Marinid dynasty, its rulers were of Zenata Berber descent. The two families were related, and the Marinids r ...
in the second half of the fifteenth century. Though local chiefs were able to repel the expansion of the Portuguese to the interior of Morocco, the Wattasids were unable to control the encroachments into trade networks and the Portuguese attempt to spread Christianity. The collapse of the Muslim kingdoms in Spain in 1492 with the taking of Granada led to waves of Spanish Muslim refugees resettling in North Africa, who engaged in raiding and focused on expanding their influence in the region. The Spaniards established settlements in 1497 at
Melilla Melilla ( , ; ; rif, Mřič ; ar, مليلية ) is an autonomous city of Spain located in north Africa. It lies on the eastern side of the Cape Three Forks, bordering Morocco and facing the Mediterranean Sea. It has an area of . It was par ...
, in 1505 at
Mers El Kébir Mers El Kébir ( ar, المرسى الكبير, translit=al-Marsā al-Kabīr, lit=The Great Harbor ) is a port on the Mediterranean Sea, near Oran in Oran Province, northwest Algeria. It is famous for the attack on the French fleet in 1940, in t ...
, in 1508 at Peñón de Vélez de la Gomera, in 1509 at
Oran Oran ( ar, وَهران, Wahrān) is a major coastal city located in the north-west of Algeria. It is considered the second most important city of Algeria after the capital Algiers, due to its population and commercial, industrial, and cultural ...
, and in 1510 at Bejaia.


Islamic states and outside contact (1500-1880)

As the Wattasid dynasty began its decline, decentralization and anarchy allowed the tribes in the plains to become autonomous, the north to be dominated by Portugal and Spain, and the south to be consolidated by the
Sufi Sufism ( ar, ''aṣ-ṣūfiyya''), also known as Tasawwuf ( ''at-taṣawwuf''), is a mystic body of religious practice, found mainly within Sunni Islam but also within Shia Islam, which is characterized by a focus on Islamic spirituality, ...
Saadi Sultanate The Saadi Sultanate (also rendered in English as Sa'di, Sa'did, Sa'dian, or Saadian; ar, السعديون, translit=as-saʿdiyyūn) was a state which ruled present-day Morocco and parts of West Africa in the 16th and 17th centuries. It was l ...
. In an attempt to unite the inhabitants of Morocco against the European threats, the Saadian
sharif Sharīf ( ar, شريف, 'noble', 'highborn'), also spelled shareef or sherif, feminine sharīfa (), plural ashrāf (), shurafāʾ (), or (in the Maghreb) shurfāʾ, is a title used to designate a person descended, or claiming to be descended, fr ...
s created a political and religious movement which was successful in stopping the Christian penetration by 1510. By 1541, the Portuguese had been driven out of the region and abandoned their protected areas; however, with the creation of the
Iberian Union pt, União Ibérica , conventional_long_name =Iberian Union , common_name = , year_start = 1580 , date_start = 25 August , life_span = 1580–1640 , event_start = War of the Portuguese Succession , event_end = Portuguese Restoration War , ...
, Spain laid claim to the remaining Portuguese possessions, particularly Ceuta. Continued conflict with European powers and expansion of the Saadians, led the northern
Wattasid dynasty The Wattasid dynasty ( ber, Iweṭṭasen; ar, الوطاسيون, ''al-waṭṭāsīyūn'') was a ruling dynasty of Morocco. Like the Marinid dynasty, its rulers were of Zenata Berber descent. The two families were related, and the Marinids r ...
to seek an alliance with the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
in 1545. Despite attempts from the Ottomans to gain recognition in Morocco, their religious, and thus political, authority was brought into question, because they lacked descent from Muhammad. As a result, treaties were negotiated between Morocco and the Ottoman Empire, establishing the limits of Ottoman territorial control in northwestern Africa. Though from 1600, the reign of the Saadians was marked by succession crises, division, and reunification, they remained in power until 1669. Moulay Al-Rashid of the
'Alawi dynasty The Alawi dynasty ( ar, سلالة العلويين الفيلاليين, translit=sulālat al-ʿalawiyyīn al-fīlāliyyīn) – also rendered in English as Alaouite, Alawid, or Alawite – is the current Moroccan royal family and reigning d ...
, a different branch of Hasanid line than the Idrisids, became ruler of all of Morocco in 1669. He was succeeded in 1672 by
Moulay Ismail Moulay Ismail Ibn Sharif ( ar, مولاي إسماعيل بن الشريف), born around 1645 in Sijilmassa and died on 22 March 1727 at Meknes, was a Sultan of Morocco from 1672–1727, as the second ruler of the Alaouite dynasty. He was the se ...
, who aimed to expand the Moroccan borders, attempting to wrest territory from the Ottomans, Spanish, and English. After his death in 1727, a succession crisis and internal conflicts, disrupted the country until 1757, when
Mohammed ben Abdallah ''Sidi'' Mohammed ben Abdallah ''al-Khatib'' ( ar, سيدي محمد بن عبد الله الخطيب), known as Mohammed III ( ar, محمد الثالث), born in 1710 in Fes and died on 9 April 1790 in Meknes, was the Sultan of Morocco from 175 ...
became sultan. Known for his diplomacy, he established friendly relations with Spain, England, and France, and developed a cooperative policy with the Ottomans to work together against the threats of European incursion. When the French invaded
Algeria ) , image_map = Algeria (centered orthographic projection).svg , map_caption = , image_map2 = , capital = Algiers , coordinates = , largest_city = capital , relig ...
in 1830, Morocco was compelled to preserve the regional Muslim traditions and was invited to take the inhabitants of
Tlemcen Tlemcen (; ar, تلمسان, translit=Tilimsān) is the second-largest city in northwestern Algeria after Oran, and capital of the Tlemcen Province. The city has developed leather, carpet, and textile industries, which it exports through the por ...
under protection. French military power forced the Moroccans to yield, and call on France's rival, Britain, for protection. In 1856, Morocco signed a treaty with the British, granting them trade privileges and the right to extend their protection to Moroccan subjects. Similar arrangements followed with other European powers, allowing much of the Moroccan economy to be controlled by foreigners.


European protectorates (1880-1912)

In 1880, at the
Madrid Conference The Madrid Conference of 1991 was a peace conference, held from 30 October to 1 November 1991 in Madrid, hosted by Spain and co-sponsored by the United States and the Soviet Union. It was an attempt by the international community to revive the ...
, Morocco entered into an agreement with the kings of Austria-Hungary, Belgium, Denmark, France, Germany, Italy, the Netherlands, Portugal, Spain, Sweden and Norway, and president of the United States to establish spheres of influence and a protectorate over Morocco. The treaty marked the first definition of nationality in Morocco, defining protection as it had been defined in the 1863 agreement with Morocco and France. Under those terms, protected status belonged to an individual and was not inheritable, but could be extended to a wife and minor children. Those who were protected by foreign governments included native persons employed by foreign governments and native persons employed by foreign merchants to assist with their business affairs., protected persons) developed. Under agreements such as the 1673 Capitulation with France, the Ottoman empire granted France control of certain Ottoman Christians, Austria control of some Ottoman Roman Catholics, most favored nation status to British and Dutch traders, as well as specific rights to the
Republic of Venice The Republic of Venice ( vec, Repùblega de Venèsia) or Venetian Republic ( vec, Repùblega Vèneta, links=no), traditionally known as La Serenissima ( en, Most Serene Republic of Venice, italics=yes; vec, Serenìsima Repùblega de Venèsia, ...
and the
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. ...
. Terms of these treaties, allowed foreign powers to recruit Ottoman subjects to serve their needs as commercial agents,
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
, or
interpreters Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language. The most common two modes of interpreting are simultaneous inter ...
, and extend to these protégés
diplomatic immunity Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
from prosecution and privileges of trade, including lowered customs tariffs. Over time, abuses of the system led to a virtual monopoly of foreign trade by protégés, clandestine sales of
letters patent Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
( tr, berats), and demands from foreign powers for protection to extend from individuals to entire communities. The influence on Ottoman subjects by European powers changed the perception of these minority groups in the empire, meaning that they were increasingly seen not as Ottoman subjects, but as
resident aliens In law, an alien is any person (including an organization) who is not a citizen or a national of a specific country, although definitions and terminology differ to some degree depending upon the continent or region. More generally, however, ...
., group="Notes" Under Article 15 of the Treaty of Madrid, Moroccans could naturalize abroad, but if a subject who had naturalized returned to Morocco, they were required to renounce foreign nationality. An exception might be granted to retain foreign nationality, at the discretion of the Moroccan government. Though not written in the agreement, in practice, persons who were not protected were subjects of the sultan and were expected to be Muslim and reside in Morocco. Exercising its rights under the agreement, Spain established a protectorate in
Spanish Sahara Spanish Sahara ( es, Sahara Español; ar, الصحراء الإسبانية, As-Sahrā'a Al-Isbānīyah), officially the Spanish Possessions in the Sahara from 1884 to 1958 then Province of the Sahara between 1958 and 1976, was the name used f ...
in 1884 and moved forward with colonization, after making agreements with local chieftains. France agreed to support British claims to Egypt and in 1904 ceded its territory there to gain British relinquishment of their claims to Morocco. That agreement was followed by the cession of French claims in Libya to Italy, and an agreement for Spain to support a French occupation in Morocco in exchange for some of the northern territory of the country. Though Germany did not participate in territorial exchange, it sanctioned the Franco-Spanish protectorates by supporting their policing of the ports and collection of customs duties. In 1907, after the murder of a French citizen in Marrakesh, the French press eulogized him as a martyr and served as a reason for French forces to occupy the city of
Oujda Oujda ( ar, وجدة; ber, ⵡⵓⵊⴷⴰ, Wujda) is a major Moroccan city in its northeast near the border with Algeria. Oujda is the capital city of the Oriental region of northeastern Morocco and has a population of about 558,000 people. It ...
on the Algerian border. That same year the eight other Europeans were killed near Casablanca, leading to the occupation of
Casablanca Casablanca, also known in Arabic as Dar al-Bayda ( ar, الدَّار الْبَيْضَاء, al-Dār al-Bayḍāʾ, ; ber, ⴹⴹⴰⵕⵍⴱⵉⴹⴰ, ḍḍaṛlbiḍa, : "White House") is the largest city in Morocco and the country's econom ...
by
Antoine Drude Antoine Drude (aka Antoine Marius Benoît Drude: 27 May 1853 in Condé – 7 January 1943 in Marseille Marseille ( , , ; also spelled in English as Marseilles; oc, Marselha ) is the prefecture of the French department of Bouches-du-Rhôn ...
's troops. Frustrated by the Sultan Abdelaziz's leadership, his brother, Abd al-Hafid staged a
coup d'état A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...
and seized power. Al-Hafid was unable to restore the economy or stem the influence of foreigners, and during an insurgency in Fez in 1911, he was imprisoned by a group of his subjects and appealed to France for help. Signing over control of Moroccan troops to France caused Germany and Spain to protest, but Germany dropped its objection when France ceded to the Germans territory in the Congo. With little remaining international resistance, France secured the sultan's signature on the
Treaty of Fes The Treaty of Fes ( ar, معاهدة فاس, ), officially the Treaty Concluded Between France and Morocco on 30 March 1912, for the Organization of the French Protectorate in the Sherifien Empire (), was a treaty signed by Sultan Abd al-Hafid o ...
in 1912, which established the French protectorate, a Spanish zone, a semi-independent Berber area in the south, and the international zone of
Tangier Tangier ( ; ; ar, طنجة, Ṭanja) is a city in northwestern Morocco. It is on the Moroccan coast at the western entrance to the Strait of Gibraltar, where the Mediterranean Sea meets the Atlantic Ocean off Cape Spartel. The town is the cap ...
. The terms of the treaty put France in control of the country's finances, security, and foreign relations; and established shared legislative power, but left the sultan with only the authority to veto. The Spanish zones consisted of a northern area which included Ceuta and Melilla, as well as the
Rif The Rif or Riff (, ), also called Rif Mountains, is a geographic region in northern Morocco. This mountainous and fertile area is bordered by Cape Spartel and Tangier to the west, by Berkane and the Moulouya River to the east, by the Mediterrane ...
territory occupied by the
Jebala people The Jebala ( ar, جبالة, Jbāla}) or Jebala are a tribal confederation inhabiting an area in north-west Morocco from the town of Ketema to the west. The Jbala region (from Moroccan Arabic ''jbāl'' (pl.) (جبال ‘mountains’) thus occupie ...
and a southern area including territory around
Ifni Ifni was a Spanish province on the Atlantic coast of Morocco, south of Agadir and across from the Canary Islands. It had a total area of , and a population of 51,517 in 1964. The main industry was fishing. The present-day Moroccan province in th ...
,
Tarfaya Tarfaya ( ar, طرفاية - ''Ṭarfāya''; ber, ⵟⵔⴼⴰⵢⴰ) is a coastal Moroccan town, located at the level of Cape Juby, in western Morocco, on the Atlantic coast. It is located about 890 km southwest of the capital Rabat, and ...
, and Spanish Sahara. Spain viewed its territories differently, considering Ceuta and Melilla, as well as Ifni, which it had acquired in 1860, and Spanish Sahara, which it had acquired in 1884, to be Spanish territory and the remainder the Moroccan protectorate.


Franco-Spanish protectorates (1912-1956)

Under the terms of the Treaty of Fes, the distinction of national origin, rather than religion became the basis for belonging. As Morocco remained a sovereign territory, it was not a colony of France and the nationality system recognized different rules for residents based on whether they were subjects of the sultan or nationals of France or Spain. France passed a law on 25 March 1915 that allowed subjects or protected persons who were natives of Algeria, Morocco, or Tunisia and who had established domicile in a French territory to acquire full citizenship, including the naturalization of their wives and minor children, by having received the cross of the
Legion of Honor The National Order of the Legion of Honour (french: Ordre national de la Légion d'honneur), formerly the Royal Order of the Legion of Honour ('), is the highest French order of merit, both military and civil. Established in 1802 by Napoleon ...
, having obtained a university degree, having rendered service to the nation, having attained the rank of an officer or received a medal from the French army, who had married a Frenchwoman and established a one year residency; or who had resided for more than ten years in a colony other than their country of origin. At the end of
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
confirmed French control of Morocco and
Tunisia ) , image_map = Tunisia location (orthographic projection).svg , map_caption = Location of Tunisia in northern Africa , image_map2 = , capital = Tunis , largest_city = capital , ...
, confirmed the sovereignty of the sultan, and recognized the protectorate. The Spanish had no direct treaty with the sultan, but their treaty on Morocco with France specified that each country was responsible for their own nationals and protégés residing within their zone of influence. The only recognition of Moroccan subjects in the treaty was Article 22, which provided that Moroccans who were abroad and who normally resided in the Spanish zone were to be offered protection by the Spanish consular and diplomatic services. A decree issued in 1920, provided terms for naturalization in Morocco. Under its provisions, foreigners, but not Moroccan subjects, residing in Morocco could naturalize as French after attaining age twenty-one after three years residence in the French controlled territory. Wives and children could acquire French nationality on the basis of the naturalization of their father or husband upon request, but children were allowed to decline French nationality upon reaching majority. If a woman or children had lost their French nationality by virtue of marriage with a foreigner, it could be reacquired by application upon dissolution of the marriage. In 1921, France adopted a nationality decree which provided that Moroccans were persons who were not subjects or citizens of the "protecting powers" and had double jus soli, in other words were born to a parent who was also born in Morocco. A second decree issued the same day provided that persons born in Tunisia or Morocco, who were born to a foreign parent who was also born there were considered to be French nationals. The
Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cen ...
adopted a decree on Moroccan nationality in 1923. After protests by Britain and Italy, the law was modified to allow a child born in the protectorate to a foreign subject who was also born in the protectorate to decline French nationality upon reaching majority. Under regulations passed on 23 December 1944, the Spanish General Directorate of Morocco could grant full or limited emancipation to native inhabitants based on professional or academic certification. Fully emancipated inhabitants were subject to the Spanish Civil and Commercial, and Penal Codes. Wives and children of fully emancipated natives were able to acquire full emancipation and from 1949, with the passage of Law of 21, received a certificate of their status. Those with limited emancipation had limited access to Spanish legislative protection and those who were not emancipated were subject to the colonial administration and Moroccan custom. When
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
ended, a nationalist and independence movement developed. In 1946, Spain joined its territories in the protectorate and its colonies into a single administrative unit,
Spanish West Africa Spanish West Africa (, AOE) was a grouping of Spanish colonies along the Atlantic coast of northwest Africa. It was formed in 1946 by joining the southern zone of the Spanish protectorate in Morocco, the colony of Ifni and the colony of Spanish S ...
, installing a Governor General at Ifni, who operated under the authority of the high commissioner in Morocco. Beginning in 1947, Sultan Mohammed V worked with pro-independence parties and was deposed and exiled by France in 1953. Public outcry, growing instability, and independence movements elsewhere in Africa and Asia, prompted the French to reinstate him in 1955.


Post-independence (1956-present)

On 2 March 1956, Morocco gained independence with Mohammed V affirmed as monarch. Spain relinquished only parts of its protectorate, with Tarfaya remaining separate until 1958 and Ifni until 1969. Prior to adopting a constitution (1962) for the newly independent nation, the Nationality Decree (Dahir n°1-58-250),
Family Code Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Ideall ...
, and Civil Liberties Code were adopted in 1958. The decree was founded on the idea of unity of the family, thus a wife and children had the same nationality as their husband or father. Nationality was acquired through paternal descent, which meant that for Muslims children to gain nationality, they had to be born within a marriage, under provisions of the Family Code. For non-Muslims, an illegitimate child could acquire nationality through its father if the
filiation Filiation is the legal term for the recognized legal status of the relationship between family members, or more specifically the legal relationship between parent and child. As described by the Government of Quebec: Filiation is the relationship ...
was proved. A child could obtain nationality from its mother in the case that the father was unknown, regardless of where they were born. Foundlings were granted Moroccan nationality, under the assumption that they had been born to Moroccans in the territory. The law preserved the protectorate's provisions that those born in the territory to a father born in Morocco or to Moroccan mother and a stateless father could derive nationality. However, a child born abroad to a Moroccan mother and stateless father could not acquire Moroccan nationality. For one year, after promulgation of the 1958 decree, foreign persons who originated from Arabic countries with Muslim majority could choose Moroccan nationality, having resided in Morocco for fifteen years, having been employed in the Moroccan government for ten years, or if they were married to a Moroccan woman and had lived in Morocco for a year. After independence, foreigners could naturalize after a five-year residency, or a two-year residency in the case of a woman who married a Moroccan husband. Beginning in 1963, the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
attempted to resolve the issue of Spanish Sahara, focusing on decolonization and the territorial dispute over the area between
Mauritania Mauritania (; ar, موريتانيا, ', french: Mauritanie; Berber: ''Agawej'' or ''Cengit''; Pulaar: ''Moritani''; Wolof: ''Gànnaar''; Soninke:), officially the Islamic Republic of Mauritania ( ar, الجمهورية الإسلامية ...
, Morocco, and Spain. The Spanish position was that the area was a province of Spain and that the population would have to request independence. The claims of Mauritanian and Moroccan officials were that they had historical and cultural ties with the region that had been severed by colonization. A visiting mission was dispatched in 1975, which confirmed the desire for independence. The
International Court of Justice The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
(ICJ) heard from all parties and on 16 October 1975 ruled that though Spanish Sahara had historical links with Morocco and Mauritania, the ties were insufficient to prove the sovereignty of either country over the territory at the time of the Spanish colonization. On that basis, they advised that the inhabitants had the right to self-determination. Moroccan response to the ruling was to initiate the
Green March The Green March was a strategic mass demonstration in November 1975, coordinated by the Moroccan government, to force Spain to hand over the disputed, autonomous semi-metropolitan province of Spanish Sahara to Morocco. At that time, the Spani ...
on 6 November 1975 and annex Spanish Sahara. Spain agreed to transfer the territory, henceforth
Western Sahara Western Sahara ( '; ; ) is a disputed territory on the northwest coast and in the Maghreb region of North and West Africa. About 20% of the territory is controlled by the self-proclaimed Sahrawi Arab Democratic Republic (SADR), while the r ...
, to Morocco and Mauritania effective on 28 February 1976. At the same time, the
Sahrawi Arab Democratic Republic The Sahrawi Arab Democratic Republic (; SADR; also romanized with Saharawi; ar, الجمهورية العربية الصحراوية الديمقراطية ' es, República Árabe Saharaui Democrática), also known as Western Sahara, is a p ...
was declared by the
Polisario Front The Polisario Front, Frente Polisario, Frelisario or simply Polisario, from the Spanish abbreviation of (Popular Front for the Liberation of Saguia el-Hamra and Río de Oro), (in ar, rtl=yes, الجبهة الشعبية لتحرير الس ...
, a liberation movement for Western Sahara. In 1979, Mauritania renounced its claims to the area and the Moroccan sultan extended Moroccan nationality to Sahrawis. Despite a 2002 determination of the United Nations Legal Counsel that Morocco had no legal administering authority for Western Sahara, Morocco has continued to occupy the territory. In 2005, under pressure from women's rights groups, the sultan announced changes would be made to the Family Code and the Nationality Code, and the country became a signatory of the Convention on the Elimination of All Forms of Discrimination Against Women. Law n°62-06, which was modified by two decrees (Dahir n°1-58-250 and Dahir n°01-07) came in to force on 3 March 2007. The major change to the law was to allow children to acquire the nationality of their Moroccan mothers, if her husband was a foreigner. However, children may repudiate nationality gained maternally upon reaching the age of majority. While the 2007 amendment allowed foundlings of unknown parentage to acquire nationality, it made no provisions for children born in Morocco to stateless parents. It also provides no path for a Moroccan woman to facilitate a nationality change for her husband in the same manner as a Moroccan man can transmit his nationality to his wife. As the 2007 decree did not retroactively grant nationality by descent from a mother, thus persons who might be eligible to acquire Moroccan nationality through double jus soli can only acquire nationality maternally if they were born after 2007. As for Sahrawis, identity documents issued by the Sahrawi Arab Democratic Republic are not recognized by Morocco, thus, their acquisition of Moroccan nationality relies upon double jus soli provisions in the nationality decree. In 2017, an amendment to the nationality code, Article 10, which would allow the foreign spouse of a Moroccan wife to acquire nationality, was proposed and debated by
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, but had not become law by 2019.


Notes


References


Citations


Bibliography

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Further reading

* Benjelloun, Ali; "Le Code de la nationalité marocaine", June 1959, p. 241. * Guilho, Pierre; "La nationalité marocaine", éd. Laporte, Librairie de Médicis, 1961.


External links

*(French
Dahir n° 1-58-250 du 21 safar 1378 (6 septembre 1958) portant la Code de la nationalité marocaine (revisée 2007)
{{DEFAULTSORT:Moroccan nationality law Nationality law Law of Morocco Politics of Morocco Human rights in Morocco