E/CN.4/2004/76/Add.3
page 10
32.
On several occasions, the Moroccan authorities stressed the fact that, in addition to the
trafficking mafias operating on either side of the Mediterranean, there is also a demand for cheap
labour in certain sectors of the economy (agriculture, construction, etc.), while misleading
information is circulated that can encourage migrants to leave their countries of origin.
1. The problem of unaccompanied minors
33.
During her visit to Spain, the Special Rapporteur was briefed on the situation of
unaccompanied Moroccan minors in the country. Under Spanish law, unaccompanied foreign
minors are either reintegrated into their country of origin or the family’s country of residence or
must remain in Spain in State care. After nine months in care, the minor is given a temporary
residence permit. According to the information received by the Spanish authorities, the
Moroccan authorities do not cooperate in efforts to find minors’ families or to identify an
orphanage for them in Morocco so that they can be repatriated.
34.
In Morocco, the Special Rapporteur shared her concerns on this matter with the
Moroccan authorities, but she received no information from them about what the Government
was doing to deal with the problem and to help Moroccan minors during all phases of their
repatriation. She furthermore informed the Moroccan authorities of allegations of police
brutality against children deported to Moroccan territory2 and also referred to the concerns
expressed by the Committee on the Rights of the Child during its consideration of Morocco’s
report.3 She was told that, once on Spanish territory, the problem was a matter for Spain, since
minors cannot be deported.
D. Morocco as a country of transit and destination
1. Domestic positive law on migration
35.
At the national level, current positive law on foreigners in general and migrants in
particular is contained in a body of legislation established between 1914 and 1950, six years
before Morocco became independent. Amendments have been made by Governments since
1956, mainly to bring the legislation into line with changes in the country’s administrative
structure since independence.
36.
The basic text governing foreigners’ entry to Morocco is an order
dated 13 November 1914 and amended in 1915, which applies to persons arriving or
residing in the country, requiring them to provide the relevant local authority with proof of
their identity, their last place of residence and their means of earning a living, and giving their
reasons for coming to the country. Access by foreigners to Moroccan territory by land, air or
sea is conditional upon production of a valid passport, which must contain a Moroccan entry
visa, unless the bearer is a national of a country with which Morocco has concluded an
agreement waiving the visa requirement.4 The Directorate-General of the Sûreté Nationale is
responsible for monitoring foreigners entering Morocco through ports and airports. The police
and gendarmerie also check motor vehicle traffic and, as is customary, those whose papers are
not in order are refused entry to the country and sent back to where they came from.