E/CN.4/2004/76/Add.3 page 12 43. The Special Rapporteur told the Moroccan Government of her concerns regarding the situation and living conditions of those coming from sub-Saharan Africa. She detected a certain lack of interest in the problem in central Government and civil society associations. Only in those parts of the country where the problem was actually on the agenda did she find that the local authorities and NGOs were sensitive to the issue. 44. The majority of the migrants the Special Rapporteur met during her visit had come overland. The preferred crossing place is the frontier with Algeria. The town of Maghnia, in Algeria, 10 kilometres from the border, is where migrants bound for Oujda regroup. The crossing into Morocco is made at night with the help of a smuggler from Algeria or Morocco; more recently, there have also been smugglers from sub-Saharan Africa, who have themselves been expelled from Morocco several times and are now guides. From the Algerian border the journey continues on foot to Guercif, Fès, and thence to Tangier or Rabat. Many of the migrants the Special Rapporteur interviewed said they had been in Morocco for between one and two years, waiting for a passage to Europe. 45. According to information received, operations against illegal immigration resulted in 60,996 arrests in 2002 and 2003. As at 31 July 2003, the number of irregulars arrested stood at around 6,104. 46. A very small percentage of migrants enter Morocco by air, arriving at Casablanca’s Mohammed V airport. According to information received by the airport authorities, an average of 100 migrants arrive every month. The Special Rapporteur had the opportunity to observe the passenger control system and the multiple levels of screening. She found that there are no holding centres for intercepted irregular foreigners, but there are premises where they are required to wait, with a telephone by means of which they can contact their consulate. According to information received, the consular authorities of migrants’ countries of origin do not always respond to these requests because they are approached nearly every day. Expulsion nearly always takes place the same day. 3. Interception, custody and refoulement of migrants 47. Irregular migrants who are intercepted by the police or any other State security body are brought before the judicial authorities for violation of the immigration laws. Foreigners who have entered Morocco illegally or who fail to meet the legal or health requirements for entry to the country are subject to refoulement. This measure may be ordered by the Prefect or the provincial authorities at the foreigner’s point of entry, on the basis of a police report. 48. Refoulement is carried out by the police, who take charge of the irregular migrant and escort him or her to the border. According to information received, the period of custody does not exceed 24 hours. The authorities responsible for the custody of irregular migrants do not have sufficient financial resources to assist them and no allowance is made in their budget for meeting primary needs such as health care, food or clothing, while awaiting refoulement. Several police officers interviewed by the Special Rapporteur reported that they very often have to buy food and drink out of their own pocket to provide material aid to individuals in their custody.

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