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have forcefully relocated thousands of migrants in an effort to crack down on irregular
migration to Spain. In order to keep migrants away from land or sea crossings, the
authorities transport them in buses to other regions of Morocco. While some reported
having been taken to cities, the Special Rapporteur heard of many individuals who had been
taken to remote regions in the south of Morocco, including areas around Tiznit and areas
close to the Algerian border, where they had been abandoned without any form of
assistance. During interviews, the Special Rapporteur was told about incidents in which
even pregnant women, children, sick persons, United Nations-recognized asylum seekers
and refugees, and registered migrants holding a residency card, had been forcefully
relocated. Many migrants have been subjected to multiple relocations, since many return to
the north of Morocco as soon as they can gather enough money.
55.
Although forced relocations of irregular migrants are permitted under Moroccan
law,38 the Special Rapporteur reiterates that this practice raises serious human rights issues,
including with respect to its discriminatory nature. Alongside other issues, the use of racial
profiling is of grave concern, and violates international human rights obligations. Moroccan
police and other authorities involved in migration enforcement reportedly conduct regular
raids in neighbourhoods and forests in which migrants live, targeting sub-Saharan Africans,
who are identified on the basis of their skin colour. Black migrants reported being
arbitrarily arrested in their homes, on the street or in public places – sometimes with the use
of excessive force – before being taken to the police and forced on buses. In the city of
Tangier, such practices have created an atmosphere of fear, in which some black migrants
feel forced to remain hidden for fear they may become the subject of racial profiling
resulting in arrest and forced relocation.
56.
The Special Rapporteur was also informed that forced evictions in August 2018 in
neighbourhoods in Tangier predominantly with black sub-Saharan migrants had resulted in
the destruction of property and the displacement of migrants, including of regular migrants,
pregnant women, and children. The Special Rapporteur spoke to some of these people, who
now reside in utterly inhumane conditions in a forest, with no sanitation and no shelter
despite freezing winter temperatures. The Special Rapporteur expresses grave concern that
these evictions violated the human rights of many migrants, some of whom reported that
notwithstanding legal or asylum seeker status, the colour of their skin put them in grave
danger. The Special Rapporteur recalls that prohibited racial discrimination under
international law does not require racial animus or prejudice – even measures that
disproportionately affect or target groups on the basis of their race, national origin, ethnicity
and descent contravene international human rights law.
57.
During her meetings with government interlocutors, the Special Rapporteur was told
that government action against migrants in the north of Morocco occurred in the context of
fighting crime, trafficking and smuggling. The Special Rapporteur reiterates that this cannot
serve as a pretext or justification for racial discrimination. While Morocco has a sovereign
right to enforce its immigration law, and an obligation to combat trafficking and smuggling
where it occurs, this enforcement must be in compliance with international human rights
standards that prohibit racial discrimination, including de facto racial discrimination. Even
black sub-Saharan migrants who reported having been well integrated into Moroccan
communities in the north reported a shift in the enforcement climate in the region.
58.
The Special Rapporteur is deeply concerned that severe human rights violations
against black sub-Saharan migrants and refugees in the north are occurring, and she urges
Morocco to take steps to end these violations. In this context, she stresses that the
Government of Morocco is responsible and accountable for the actions of local government
representatives, including police and immigration enforcement officials.
59.
The Special Rapporteur welcomes the assurances that she received from Moroccan
authorities at the national level of their commitment to strengthen the human rights
compliance of immigration-related enforcement across the country. These national
assurances must take local effect. She also welcomes and wishes to highlight reports she
38
Moroccan authorities advised that this legal policy was subject to ongoing reforms, and the Special
Rapporteur welcomes further details in this regard.
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