E/CN.4/2004/76/Add.3 page 18 managing migration generally. The lack of technical and structural resources, and of specific allocations in police and social and health service budgets for assistance to migrants in an illegal situation, is a cause for concern. 74. The Special Rapporteur believes it is essential to update domestic legislation to enable it to cope better with the problem of illegal migration, including Moroccan emigration to Europe and immigration by sub-Saharans and nationals of other countries travelling through Morocco to Europe and in many cases remaining illegally on Moroccan territory. The efforts being made to standardize and update the provisions of the various regulations, administrative instructions and acts, to refine them and compile them into a single legislative text so as to give the authorities more precise guidelines and leave them somewhat less discretion, are to be welcomed. 75. The Special Rapporteur finds that the updated regulatory framework is not always balanced by other measures that are not merely punitive. The problem of migration - whether legal or illegal - should be viewed in a broader perspective, one that will admit an approach focusing not only on control - i.e., policing and punishment - but also on protecting the victims of socio-economic and development-related migration. Moves to establish genuine policies and legislation on migration should include a border-control component, a component on the integration and protection of migrant populations, and resettlement programmes for migrants returning home, whether voluntarily or otherwise. The Special Rapporteur is aware that this could put Morocco in a delicate position both in economic terms and as regards its relations with neighbouring countries, and indeed with its own nationals, many of whom are expatriates, and she wishes to stress that the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should act as guiding principles in the planning, promotion and implementation of initiatives and policies relating to migrants. 76. Another concern is the situation of irregular sub-Saharan migrants. The Special Rapporteur notes that many of them, fleeing from conflict in their own countries, have no assurance that they will be granted refugee status or that their asylum applications will be considered before they are escorted to the border. In that regard, she encourages Morocco to continue its efforts to fulfil its obligations arising from ratification of the Convention relating to the Status of Refugees and the Organization of African Unity (OAU) Convention governing the Specific Aspects of Refugee Problems in Africa. 77. The Special Rapporteur encourages Morocco to pursue a migration policy aimed at ending the dichotomy between what the country demands in terms of protection for its own expatriates, and the level of protection and assistance provided, and the treatment accorded to foreign migrants in Morocco. 78. The Special Rapporteur invites the Government to take measures to protect the rights of irregular migrants and establish special assistance schemes for sick or injured migrants and programmes for their physical and psychological rehabilitation. She also invites the Government to acknowledge the existence of prostitution and of the exploitation of sub-Saharan migrants and to establish suitable instruments for the protection, assistance and rehabilitation of victims of trafficking in human beings.

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