E/CN.4/2004/76/Add.3
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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.