The Constitution of the Republic of Eastern Sahara (also known as the Constitution of 2011) is Eastern Sahara's fundamental law. It establishes the organization of the government and sets out the principles and rules of the state's conduct along with its responsibilities towards its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the East Saharan people.
Part One: Founding Principals
The constitution asserts that Eastern Sahara, is a secualar, and democratic republic that derives soveireignity from the people, which rests with the East Saharan nation, who delegates its excercise to an elected President, and elected unicarmeral government, the Peoples Assembly of Eastern Sahara.
Part Two: Individual and Group Rights
See Also: Human Rights in Eastern Sahara
Part two of the constitution is the bill of rights, Article Twelve guarantees "fundamental rights and freedoms", which are defined as including the:
- Article 17: Personal Inviolability, Material and Spiritual Entity of the Individual (right to life)
- Article 18: Prohibition of Forced Labour
- Article 19: Personal Liberty and Security (security of person)
- Article 20: Privacy of Individual Life
- Article 21: Inviolability of the Domicile
- Article 22: Freedom of Communication
- Article 23: Freedom of Residence and Movement
- Article 24: Freedom of Religion and Conscience
- Article 25: Freedom of Thought and Opinion
- Article 26: Freedom of Expression and Dissemination of Thought
- Article 27: Freedom of Science and the Arts
- Article 35: Right to property
Equality of Citizens
Besides the provisions establishing Eastern Sahara as a secular state, Article 10 goes further with regards to equality of its citizens by prohibiting any discrimination based on their "language, race, color, sex, political opinion, philosophical convictions or religious beliefs" and guaranteeing their equality in the eyes of the law. Borrowing from the French Revolutionary ideals of the nation and the Republic, Article 3 affirms that "The East Saharan State, with its territory and nation, is an indivisible entity. Its language is Arabic". Article 66 defines a East Saharan civic identity: "everyone bound to the East Saharan state through the bond of citizenship is an East Saharan".
Freedom of Expression
Article 26 establishes freedom of expression and Articles 27 and 28 the freedom of the press, while Articles 33 and 34 affirm the freedom of association and freedom of assembly, respectively
Classes are considered irrelevant in legal terms. The Constitution affirms the right of workers to form labor unions "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership". Articles 53 and 54 affirm the right of workers to bargain collectively and to strike, respectively.
Part Three: Fundamental Organs
Article Seven provides for the establishment of a unicameral Legislature as the sole organ of expression of the East Saharan people. Article Six of the Constitution affirms that "sovereignty is vested fully and unconditionally in the nation" and that "the East Saharan Nation shall exercise its sovereignty through the authorised organs as prescribed by the principles laid down in the Constitution". The same article also rules out the delegation of sovereignty "to any individual, group or class" and affirms that "no person or agency shall exercise any state authority which does not emanate from the Constitution". Article 80 affirms the principle of national sovereignty: "members of the Peoples Assembly of Eastern Sahara represent, not merely their own constituencies or constituents, but the Nation as a whole".
Article Nine affirms that the "judicial power shall be exercised by independent courts on behalf of the East Saharan Nation". Part Four provides the rules relating to its functioning and guarantees full independence). The judiciary obeys the modern separation of powers among its ranks: It is divided into two entities, Administrative Justice and Judicial Justice, with the The Council of State the highest court for the former and High Court of Appeals the highest court for the latter .
Per Article Eight, the executive power is vested in the President of the Republic and the Executive Ministry. Part Three, Chapter One, Section Two, lays out the rules for the confirmation and functioning of the government as the executive comprising the President and the Executive Ministry.
The Eastern Sahara Armed Forces are subordinate to the President, in the capacity of Commander-in-Chief. The Chief of General Staff of the Armed Forces is responsible to the President in the exercise of his functions.