E/CN.4/2004/76/Add.3
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room rented from Moroccans. In Tangier, most intending emigrants live in boarding houses.
Many migrants apparently sleep in the street from time to time or seek shelter in the forest.
Their irregular status and Morocco’s high unemployment rate prevent them from working.
Those without financial resources wait for help from their family, particularly from relatives
already settled in Europe, beg for a living or collect leftover food. Many migrants told the
Special Rapporteur they had been attacked and robbed of their money or identity papers.
55.
Their irregular status forces them to live in the shadows, isolated and abandoned. A visit
to the forest of Gourougou, 12 kilometres from Nador, where sub-Saharan migrants take shelter
while waiting for a chance to get to Europe, gave the Special Rapporteur the opportunity to meet
irregulars and see for herself their appalling living conditions and hear their stories. She
gathered that many of them are injured when they take refuge in the forests to evade police
checks. Not only are they injured, but they live in the most appalling conditions, without
drinking water, and the women are forced to give birth in quite unacceptable conditions of
hygiene and without any medical attention whatsoever. NGOs working with this highly
vulnerable group also told the Special Rapporteur that some have been found dead. Many
women irregular migrants are apparently also victims of the prostitution business. In Tangier,
the Special Rapporteur was told that the problem of prostitution was spreading. Apparently, the
market is controlled by Nigerians and victims live in slavery, exploited by their “managers”.
The Special Rapporteur told the local authorities of her unease over this problem and the
vulnerability of the victims of prostitution, and voiced her concern for their physical and
psychological integrity. She notes that the Moroccan Government denies the existence and
extent of prostitution in Morocco.
56.
The Special Rapporteur emphasized several times in the course of her visit that, as a State
party to the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, Morocco has certain obligations to meet, and should establish
bodies to protect the rights of regular and irregular migrants on its territory and under its
jurisdiction. She also recalled that part III of the Convention applies to all migrants on a State’s
territory and provides that their human rights are to be respected. The Convention also
establishes an obligation to cooperate with a view to preventing and eliminating the movement
of migrants in an irregular situation.
57.
The Special Rapporteur was told that Act No. 02-03 introduces provisions under
Moroccan law for ensuring the implementation of the requirements of the Convention.
Procedures for escorting migrants to the border and for expulsion have been revised, and avenues
and time limits for appeal established.9 Following a decision to escort a foreign national to the
border - which may not be executed prior to 48 hours after notification or, where an application
has been made to the administrative court, until the court has ruled on the case, i.e., no more than
four days after the date of such application - he or she may be held,10 if absolutely necessary and
pursuant to a written, substantiated decision by the authorities, in premises “not part of the prison
administration”, for as long as is strictly necessary for his or her departure.11 In cases of
unauthorized entry to the country by sea or air, the law provides for custody in a holding area for
as long as is strictly necessary for the foreign national to leave or for a decision to be taken on
his or her asylum application. Appeal procedures for such cases are established and time limits
set for procedures and for custody in holding centres.