E/CN.4/2004/76/Add.3
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79.
The Special Rapporteur recommends that a plan of action be drawn up to protect
migrants’ rights through training for judicial authorities, access to appeal procedures,
awareness-raising and information campaigns. She invites the Moroccan Government to
consider tightening up internal oversight mechanisms for officials involved in managing
migration, and taking measures and initiatives to combat corruption.
80.
The Special Rapporteur recommends that clear procedures be drawn up in order to
ensure that, in cases of illegal entry or residence, from the moment a foreigner is stopped at
the border or on national territory, he or she is always informed, at least verbally and in a
language he or she understands, of the nature of, and reasons for, the intended decision to
deny him or her entry or residence.
81.
The Special Rapporteur recommends the establishment of measures to protect
minors and pregnant women, whose status prevents them from being expelled even though
they are technically liable for expulsion. In that regard, the Special Rapporteur invites the
Government to ensure that the law does not allow the detention of unaccompanied minors
and that the detention of children is authorized only as a last resort and only in the best
interests of the child. The Special Rapporteur is concerned at the situation of
unaccompanied minors and recommends that the Government should provide them
with adequate protection and aid and monitor their situation very closely.
82.
The creation of administrative detention centres as provided for by Act No. 02-03
may have both positive and negative consequences, and should be backed up by the
allocation of sufficient financial resources to allow for their establishment and
management, staff training and guaranteed standards of living and accommodation, and
by measures to ensure rapid resolution of individual cases in order to avoid prolonged or
indefinite periods of detention. The Special Rapporteur also recommends that such centres
should comply with international standards providing minimum guarantees for persons in
custody. In that connection, she recalls the recommendations contained in her earlier
report (E/CN.4/2003/85) and its addenda and corrigenda.
83.
The Special Rapporteur recommends taking steps to provide training for
authorities with the power to detain in the psychological aspects of detention, in cultural
sensitivity and in human rights procedures. Training courses should also be offered to
those responsible for expulsions, to enable them to carry out their duties while respecting
the rights and dignity of migrants.
84.
The Special Rapporteur invites the government institutions responsible for
migration issues, and particularly the Centre for Migrants’ Rights (CDM), to continue with
their work, and also to look into all the problems facing the foreign migrant in Morocco.
85.
The Special Rapporteur recommends that efforts to combat illegal migration
should include global development measures, focusing as a matter of priority on the
socio-economic causes of such migration. In that regard, she welcomes the development
projects that have been set up at the local level and invites local authorities to repeat this
work in other affected regions of Morocco.