A/HRC/41/54/Add.1
49.
Although national law and policy guarantees a range of rights to migrants and
refugees on an equal basis in all of these contexts, rights violations persist and
discrimination remains a key barrier to integration. The Special Rapporteur received
testimonies from individual migrants who, on the basis of their race, had been subjected to
racist stereotypes, and in some cases that stereotyping had also directly resulted in racially
discriminatory denial of their rights. For many sub-Saharan Africans, finding affordable
secure and stable housing remains challenging because landlords refuse them rentals on the
basis of their race and legal status. In addition, the Special Rapporteur heard about
difficulties in accessing health care, including for pregnant women. Those difficulties
related to various factors such as the lack of financial means, the absence of adequate
support structures, and neglect or even refusal of treatment due to racist stereotypes by
health-care professionals. Similar challenges have been identified in the field of education.
Migrant families reported difficulties in enrolling their children in schools, often due to
administrative barriers for those who were not properly registered or lacked the required
documentation. Racist stereotypes and prejudice also played a role in some cases where
schools had refused to enrol black migrant children, claiming that their schools were at full
capacity.
50.
In one consultation, the Special Rapporteur learned that lesbian, gay, bisexual and
transgender migrants, refugees and asylum seekers were especially vulnerable to human
rights violations on account of their sexual orientation and gender identity. In this context,
she highlights the importance of an intersectional approach, and recalls that racial equality
and non-discrimination must be guaranteed for all, irrespective of sexual orientation and
gender identity.
51.
In addition to racial discrimination in access to services, individuals of sub-Saharan
origin often face discrimination by private individuals. To date, it appears that Morocco has
not experienced the same levels of xenophobic violence, hate speech and hate crimes
targeted at migrants and refugees as is the case in many other parts of the world.
Nevertheless, migrants, asylum seekers and refugees from sub-Saharan Africa experience
racist and xenophobic acts in public, including spitting, insults, stone throwing and physical
assaults. According to information received, police rarely investigate complaints, and where
investigations occur, accountability is compromised by lack of proof, inadequate legal
assistance and support structures, language barriers, and absence of trust in the authorities.
52.
Of great concern is the pressure that Morocco currently faces from Europe in matters
relating to migration governance, given the geopolitical significance of the Kingdom’s
location. It is no secret that in recent years, Europe has escalated its efforts to restrict
migration, especially from Africa. Some statistics suggest that Morocco is currently the
second most prevalent route for irregular migration to Europe, 37 and efforts to prevent
Africans – including Moroccans, but especially black sub-Saharan migrants – from
reaching Europe have created a situation of serious human rights concern in Morocco. This
situation is at risk of worsening, and Morocco must take proactive steps to avoid further
escalation.
53.
In the north of Morocco, migrants face severe restrictions on freedom of movement,
and in recent months, immigration and related enforcement efforts have resulted in human
rights violations against regular and irregular migrants, targeted especially at black, subSaharan Africans. In the north of the country, the Special Rapporteur received credible
reports of harassment, arbitrary arrest and detention, excessive use of force, and forced
relocation, in some cases targeted at regular and irregular migrants alike, where officials
employed racial profiling in the course of law enforcement.
54.
The Special Rapporteur is seriously concerned about the use of racial profiling and
the absence of due process in the conduct of forced relocations of migrants in the northern
regions of Tangier, Nador and Tétouan. Interlocutors report that forced relocations have
dramatically increased, following an incident in July 2018 when hundreds of people
stormed a border fence at the Spanish enclave of Ceuta. Since then, Moroccan authorities
37
14
“Morocco’s migration policies and the Global Compact for Safe, Orderly and Regular Migration”,
p. 11, available from http://gfmd.org/pfp/ppd/10974.