A Major Legal Transformation of the 2007 Plan
As recently explained by legal expert and analyst Simon Mohamed Dinia Mekouar, the document currently under discussion marks a significant evolution from the initiative submitted to the United Nations in 2007.
It is no longer a general political framework, but a structured text article by article, equipped with:
precise normative definitions
interpretative clauses
transitional provisions
control mechanisms
a constitutional articulation system
Together, these elements bring this project closer to a true organic status comparable to some European autonomy regimes.
A Legally Framed Distribution of Competencies
The text adopts a mixed method:
A closed list of exclusive competencies for the State
A detailed list of regional competencies
A strictly framed subsidiarity clause
Sovereign competencies remain strictly national:
Defense
Strategic security
Foreign policy
Diplomatic representation
Currency and monetary policy
Nationality
Symbols of sovereignty
Supreme judicial order
These areas are excluded from any regional competencies, even shared ones.
At the same time, the Autonomous Region would exercise normative power in key sectors:
Land use planning
Economic development
Tourism and industry
Fisheries resources
Health
Education
Environment
Hydraulic and energy infrastructures
Cultural promotion
The principle of constitutional loyalty is explicitly stated: all regional authorities act in respect of state unity and national coherence.
A Regional Parliament with Dual Legitimacy
The project provides for a unicameral assembly composed of:
members elected by direct universal suffrage
representatives designated by recognized Sahrawi tribes
Mandatory quotas ensure female representation.
The regional parliament would have real legislative power within its scope of competence, with the possibility of adopting regional organic laws by qualified majority.
Furthermore, the region's elected officials would continue to sit in the national parliament, ensuring complete institutional integration.
A regional economic, social, and environmental council would also be established with a mandatory advisory role on the budget.
A Regionally Led Executive Under Royal Appointment
The regional executive would be headed by a Prime Minister formally invested by the King.
This mechanism, one of the sensitive points of the negotiations, aims to prevent the formation of an executive center that competes with national institutions.
The regional Prime Minister would have:
regional regulatory power
legislative initiative
administrative authority
the power to appoint senior regional officials
His responsibility could be engaged by a constructive vote of no confidence.
He would also serve as an institutional link between the region and the central state.
A Framed Regional Judicial Order
The text provides for:
regional courts ruling in the name of the King
a regional superior court competent as the court of last resort in regional matters
a mechanism for resolving State-Region conflicts through a preliminary joint commission
national constitutional oversight in case of normative conflicts
This architecture ensures that autonomy is exercised within the framework of the Moroccan constitutional bloc.
A Structured and Controlled Financial Regime
The regional financial system would be based on:
own fiscal resources
royalties on natural resources
a determined share of nationally generated local revenues
A budgetary discipline mechanism would limit any risk of deviation.
Foreign investments would be subject to double validation at the regional and national levels, ensuring strategic coherence and economic sovereignty.
Reconciliation, Return, and Transition
The text provides for precise mechanisms for:
the registration of populations from the Tindouf camps
the organization of voluntary return
identity verification procedures
appeal mechanisms
a framed disarmament and reintegration system
an amnesty excluding crimes under international law
Democratic Validation and Constitutionalization
The status would be:
subject to a national referendum
integrated into the Constitution through a specific title
protected by a clause of inviolability
amendable only through a strengthened procedure
Its activation would be linked with the advanced national regionalization to avoid any disruption of territorial equality.
Identity and Sovereignty Guarantees
National symbols remain under the exclusive competence of the State.
Hassani identity is recognized as part of Morocco's heritage, with the creation of a dedicated regional institute.
Regional security forces would be limited to local administrative police.
No parallel diplomacy would be permitted.
An irreversibility clause excludes any interpretation leading to secession.
A Framed Autonomy, Uncompromising Sovereignty
Overall, the project described by Simon Mohamed Dinia Mekouar outlines a model of profound autonomy but constitutionally secured.
The stated goals are twofold:
To grant expanded regional management
To ensure the institutional and strategic unity of the Kingdom
The text finally provides for a five-year evaluation mechanism to adjust the functioning of the status over time.
