The Administration of the African Dependencies of Spain

Abstract

Frenchby José Cordero TorresJudge at the Supreme Court of JusticeAny mention of « Spanish colonies », to a European, is apt to conjure up vistas of the Spanish Main and the Indies. This was a true enough picture from 1492 to 1825, and even until 1899, when Spain held the « Overseas Provinces » of Cuba, Puerto Rico, and the Philippines, with a few islets in Micronesia, the Gulf of Guinea and strongholds in Africa. The present-day government of the Spanish overseas possessions is not comparable to its former structure, for the valid reason that ethnic and geographical conditions in Africa differ from those formerly extant in America.We now have Ceuta and Melilla, governed, until latterly, each by a deputy of the Spanish High Commissioner in Morocco (at present one resident administrator at Ceuta) and a municipal council. The two localities are however deemed to belong to the metropolitan provinces of Cadix and Malaga respectively.In addition, the Muslim community in each city is autonomous in certain fields, such as welfare, and works in conjunction with the corresponding services in the Protectorate.Further, there are two provinces: Eastern and Western Canaries, with Governors, on the metropolitan pattern. The one difference is that instead of a provincial « deputation », they have a « community of municipal councils ».Lastly, there are the three African « dependencies », of no great size (except for the desert region in Spanish West Africa); not extensively colonised demographically; with native populations that are un-assimilated or only partially assimilated into the Spanish national community; and whose legal status is very far from uniform from the international standpoint.The Sherifian Empire of Morocco is a protectorate under international law, subject to a diversity of extraneous servitudes which have left their mark on the administration. Though the Protectorate moves towards independence politically, administratively matters are complicated by the existence of multiple communities. These communities, Arab, Berber, Jewish, and Moroccan Muslims, do not see eye to eye.The two other « dependencies »: Spanish West Africa and Guinea, are colonial territories. Spanish West Africa, administratively, includes the « Southern Zone of the Protectorate », which is theoretically a part of the Sherifian Empire.The author examines the mechanics of administration in the three African « dependencies », noting that the Cortes and the Spanish Government enact a number of provisions which, though legislative in appearance, are really executive measures. The Presidency has taken over the duties of the former Directorate-General for Morocco and the Colonies, with the assistance of a number of specialised organs. But several African services — such as Justice, the Armed Forces, Finance, and Education — come under the corresponding « European » ministries. Thus, for instance, the ultimate appellate court for the Colonies is the Supreme Tribunal of Justice at Madrid.Morocco, as already pointed out, offers the greatest administrative complication, which is here examined in detail. Spanish West Africa has a much simpler administrative structure, both on the European and the Bedum levels. The Governor-General is the source of both administrative and military authority, delegated to « administrators ». The native population retains its own structure of administration, based on custom. Guinea, again, is somewhat more complex, though there are no representative organs to act as a check on the Governor-General.An addendum brings the information analysed by the author up to date, in view of the newly-proclaimed independence of Morocco.