E/CN.4/2004/76/Add.3 page 16 E. The problem of illegal migration and partnership with the European Union 63. Illegal migration is one of the most important issues in relations between European Union member States and Morocco. 64. The European Union’s wish to link foreign policy and migration policy is clearly expressed in the provisions on migration contained in the association agreement concluded between Morocco and the European Community,12 and in the context of the Euro-Mediterranean Partnership. Title VI of the association agreement, which deals with cooperation in social and cultural matters, provides for a social dialogue to be conducted on all problems relating to migration, illegal immigration and the conditions governing the return of individuals who are in breach of the legislation dealing with the right to stay and the right of establishment in their host countries. 65. In the area of social cooperation, reduction of migratory pressure is considered a priority project. In the context of the multilateral Euro-Mediterranean dialogue, the approach to migration is based on controlled management of immigration through judicial, customs and police cooperation, i.e., closer cooperation with a view to reducing migratory pressure from illegal immigration, and to concluding bilateral readmission agreements. 66. Under the MEDA programme of technical and financial support measures,13 the Morocco Strategy Paper 2002-2006 and the National Indicative Programme 2002-2004 emphasize the role of the social, cultural and human component in the European Union’s strategy in Morocco. The Union aims to develop a two-pronged approach: (a) improving the organization of legal emigration while at the same time combating illegal emigration; and (b) stabilizing the populations in those regions that produce the majority of such emigration, and particularly the northern provinces. 67. The negotiation of the bilateral agreements on the readmission of nationals in an irregular situation, which Morocco has signed with various States, represents a move towards regulating migration at the inter-State level. Morocco is currently also negotiating a draft readmission agreement with the European Union. This draft aims to provide for the readmission of Moroccans and nationals of third countries or stateless persons where it is established, or can reasonably be assumed, that they are in possession of a valid visa or residence permit issued by Morocco, or entered the territory of European Union member States illegally from Moroccan territory. In that regard, the Special Rapporteur notes that, under article 13 of the Cotonou Agreement, each of the African, Caribbean and Pacific (ACP) States undertakes to accept the return of and readmission of any of its nationals who are illegally present on the territory of a member State of the European Union, at that member State’s request and without further formalities. The role of buffer State should not be imposed upon a country without adequate financial support and technical back-up, or reinforcement of the structures and personnel responsible for combating illegal migration.

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