E/CN.4/2004/76/Add.3
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managing migration generally. The lack of technical and structural resources, and of
specific allocations in police and social and health service budgets for assistance to
migrants in an illegal situation, is a cause for concern.
74.
The Special Rapporteur believes it is essential to update domestic legislation to
enable it to cope better with the problem of illegal migration, including Moroccan
emigration to Europe and immigration by sub-Saharans and nationals of other countries
travelling through Morocco to Europe and in many cases remaining illegally on Moroccan
territory. The efforts being made to standardize and update the provisions of the various
regulations, administrative instructions and acts, to refine them and compile them into a
single legislative text so as to give the authorities more precise guidelines and leave them
somewhat less discretion, are to be welcomed.
75.
The Special Rapporteur finds that the updated regulatory framework is not
always balanced by other measures that are not merely punitive. The problem of
migration - whether legal or illegal - should be viewed in a broader perspective, one that
will admit an approach focusing not only on control - i.e., policing and punishment - but
also on protecting the victims of socio-economic and development-related migration.
Moves to establish genuine policies and legislation on migration should include a
border-control component, a component on the integration and protection of migrant
populations, and resettlement programmes for migrants returning home, whether
voluntarily or otherwise. The Special Rapporteur is aware that this could put Morocco in
a delicate position both in economic terms and as regards its relations with neighbouring
countries, and indeed with its own nationals, many of whom are expatriates, and she wishes
to stress that the provisions of the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families should act as guiding principles in
the planning, promotion and implementation of initiatives and policies relating to migrants.
76.
Another concern is the situation of irregular sub-Saharan migrants. The Special
Rapporteur notes that many of them, fleeing from conflict in their own countries, have no
assurance that they will be granted refugee status or that their asylum applications will be
considered before they are escorted to the border. In that regard, she encourages Morocco
to continue its efforts to fulfil its obligations arising from ratification of the Convention
relating to the Status of Refugees and the Organization of African Unity (OAU)
Convention governing the Specific Aspects of Refugee Problems in Africa.
77.
The Special Rapporteur encourages Morocco to pursue a migration policy aimed at
ending the dichotomy between what the country demands in terms of protection for its own
expatriates, and the level of protection and assistance provided, and the treatment
accorded to foreign migrants in Morocco.
78.
The Special Rapporteur invites the Government to take measures to protect the
rights of irregular migrants and establish special assistance schemes for sick or injured
migrants and programmes for their physical and psychological rehabilitation. She also
invites the Government to acknowledge the existence of prostitution and of the exploitation
of sub-Saharan migrants and to establish suitable instruments for the protection, assistance
and rehabilitation of victims of trafficking in human beings.