A/HRC/41/54/Add.1
obligations under international law, and in a manner that promotes the dignity and selfdetermination of African migrants.
44.
At the national level, Morocco has taken tremendous steps to advance the human
rights of migrants and refugees, building on the constitutional framework referenced above.
Recognizing the need to address deficiencies in its existing legislative framework, the
country is currently in the process of adopting two new pieces of legislation on migration
and asylum. While the impact of these laws on racial equality remains to be seen, the
Special Rapporteur is encouraged by the political will demonstrated by the Government of
Morocco. As a matter of national policy, Morocco has generally displayed praiseworthy
commitment to the human rights of migrants and refugees. Morocco’s policies – which are
still a work in progress – deserve international recognition, and in many cases, international
emulation. They are, by and large, a welcome and necessary departure from the inhumane
securitization of migration that is occurring in many regions of the world, in part as a result
of the rise of ethno-nationalist populism and other political currents elsewhere. 36 At the
same time, serious challenges persist in the Kingdom, where important work remains to be
done to protect migrants and refugees against racial discrimination and intolerance.
45.
The Special Rapporteur commends the fact that two campaigns were conducted, in
2014 and 2017, to facilitate the regularization of irregular and undocumented migrants
living in Morocco. According to government officials, the two regularization processes
have resulted in approximately 50,000 people receiving formal status. Although various
stakeholders have praised these regularization exercises, some have rightly criticized their
one-off nature and the introduction of stricter criteria, which have meant that many
migrants have been excluded from the process, including those who arrived in Morocco
more recently as well as those unable to obtain rental agreements. The National Appeals
Commission, chaired by the National Human Rights Council, issued a series of
recommendations on applications rejected by the regional commissions. This resulted in the
authorities settling more than 6,000 applications, including all applications concerning
women and children, as well as all applications concerning unaccompanied children who
entered the national territory after the expiry of the legal period specified in the ministerial
memorandum. These regularization efforts have been a multi-stakeholder process that has
seen important roles given to the National Human Rights Council, migrants’ rights
advocates and even migrants themselves, in the adjudication of eligibility for regularization.
This multi-stakeholder approach concretely implements human rights principles of
participatory and representative governance.
46.
The Special Rapporteur commends the decision of Morocco to reject the
warehousing of migrants in immigration detention centres, and instead to adopt a formal
policy aimed at integrating migrants into its society. The Special Rapporteur also
commends the recent decision by Morocco to reject European Union attempts to locate
offshore asylum processing or “regional disembarkation” centres within Moroccan
territory.
47.
Many of the good practices commended in the paragraphs above are not
institutionalized in formal law. Migrant regularization and legal pathways to migration,
refugee status determination and documentation, as well as non-detention-based asylum and
immigration governance practices, and rejection of the projection of European borders onto
Moroccan territory, must all find formal recognition in law.
48.
Consultations with migrants and refugees, and organizations working with them,
revealed that the 2014 and 2017 regularization initiatives, as well as the integration policies
outlined in the National Immigration and Asylum Strategy, have greatly assisted in
fulfilling the human rights of these populations. However, some migrants and refugees,
especially those of black, sub-Saharan origin, reported incidents of racist and xenophobic
stereotyping when accessing health care, housing, education and employment, and in other
settings.
36
See A/73/305.
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