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.