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Morocco Refugee Crisis In Spain

The world's most fortified border lies between Morocco and Melilla. Melilla is an autonomous city of Spain located in the northern part of Africa. Spain conquered Melilla in the late 1400s as part of its rapid global expansion. After the second world war when the country got independence and colonial rules were wrapped down but Spain kept holding the Melilla and not giving them independence.

The city is designed with a distinctive Spanish architectural style and the residents speak the Spanish language and pay in euros. The planet's most fortified border wall, a seven miles barrier with layers of protection lies on the peripheries of the city of Melilla. The Moroccan town of Nador into the forest in the hills surrounded by migrant enclaves mostly from sub-Saharan Africa will try to cross into Melilla.

Morocco guards the Melilla border because they have advanced status partnerships with Europe which gives them an economic and political advantage in trade and political affairs. The European Union accounts for more than half of Morocco's international trade and the Eu also provides Morocco with millions of euros in aid for security and development.

The morocco police sent refugees far from the Melilla border when they attempted to cross into the Melilla. They treated them badly and used weapons on them and brutally beat them and burned their shelter.

Issue:
  1. Whether the Spanish and morocco police personnel violate the human rights of sub-Saharan migrants under European migrant law?
  2. Whether or not Spain will accept refugees from sub-Saharan countries?
     
Rule:
  • European Union migrant law
  • Morocco's new immigrant policy September 2013
  • International human rights law
The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW)

Analysis
  1. Whether the Spain and morocco police personnel violate the human rights of sub-Saharan migrants under European migrant law?

    A report of Abused and Expelled III- Treatment of sub-Saharan African migrants in morocco found that the morocco security guard used force against sub-Saharan migrants and beat these migrants burning their shelter expelled from the peripheries of Melilla to the morocco border without due Legal process.

    The migrant who crossed the Melilla border security guard arrested them and hand over to the morocco security guard at which the morocco authorities beat the border crosser including the children and sexually harassed the women. The morocco new immigrant policy,2013 suggested some ideas based on recommendations of the national human right council endorsed by King Mohammed VI including providing legal aid against any kind of harassment or violence happening against them by security forces providing free food and shelter to refugees whom united nation high commissioner has determined to be refugees.

    The National Office for Refugees commission will allot a special Identity card to refugees with the help of this identity card the refugees will get jobs and financial aid in their respective countries.

    Article 23 of European immigration law provide the migrant right to get free legal aid in case there is a violation of their Human right by the morocco police force and it also provides to request a lawyer or an interpreter prior to expulsion. The European Union (Spain) and morocco is a member of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CRMW) which aim to protect the dignity of a migrant worker and their families and protect women from sexual abused and established equality of treatment with nationals with respect to protection against discrimination on the ground of racial religion gender language and origin and provide equal opportunity to all in employment livelihood and education.

    On another hand, the Spanish government did not allow the migrants to stay or live in their country. They have very strict laws regarding migrants illegally enter into the territory of Spain and send back to morocco.

    Spanish law strictly requires the security and border force to follow deportation procedures in removing migrants who entered Spain illegally. They accept the refugees of Syria but not the sub-Saharan refugees. The Spanish government forcibly returning migrants who illegally enter the Melilla violate international and European Union migrant law and violate the human right of migrants.

    The European Union migrant law prohibits any country from used forced to send back migrants to a place where they would face a risk of being subjected to the inhuman threat of life and degrading treatment. An investigation found that the Spanish government exert pressure on the morocco government to use unwarranted force against migrants and gave the order to the morocco security guard to use excessive force to return migrants to far away from the Melilla border.

    Therefore Spain has a different policy on migrants in comparison to the European Union and thus European union established The European Asylum Support Office (EASO) in 2011 to monitor and provide effective collaboration and cooperation between the European Union country to establish the Common European Asylum System (CEAS). The European Union launched the Aeneas and MEDA Program in morocco in the year 2018 its main aim is to provide financial and technical aid to the third country in the area of migration and asylum and fight against illegal migration to Europe.
     
  2. Whether or not Spain will accept refugees from sub-Saharan countries?

    The majority of migrant people who come from Morocco, Algeria, Guinea, Gambia, and Syria are mainly from sub-Saharan African countries arriving through either from Western Mediterranean sea route or the morocco border. They all have different reasons to leave their country and come to European countries. Every year The Spanish commission for refugee aid (CEAR) funded by the Spanish government published a report critically analyzing the condition of sub-Sahara Migrants and refugees in Spain.

    The Regulatory Act 12/2009 on the Right of Asylum and Subsidiary Protection in Spain define that Spain granted refugee status to only those Applicant who has been persecuted in his or their country on the ground of race, religion, nationality, sexual orientation, and gender. Subsidiary protection is granted to that migrant applicant who is suffering serious harm such as threats to their lives, the death penalty, torture, and degrading human treatment because of the war in their respective country.

    Spain has strict laws regarding granting status to their country. Spain had only approved one in twenty asylum applications; the majority of the applicants are mainly from Syria and Palestine on the ground that they faced war situations and have a threat to their life in their respective countries but sub-African migrants come only in the search of better job opportunities they do not have violation and threat to their life.

    Spain has a very low number of approved asylum applications in comparison to other European countries; the average recognition rate is 33%. It is greater than Spain. The Spanish government issued a transit visa requirement for the victims of the persecution of migrants from the state of Syria Yemen and Palestine.

    Spain gave recognition of refuge to the migrant who are come from Syria Yemen and Palestine on the ground that in their respective country they are facing war their have threat to their life and women are sexually abused by enemy soldiers and Spain has a safe place to live them, therefore, Spain grant the refugees status to migrant from Syria Yemen and Palestine but Spain did not maintain meager recognition for the victim of persecution by a morocco security guard for the countries of sub-Sahara Africa. Spain denied granting them either a visa or the status of refugee in sub-Saharan Africa on the ground that they are using violence against Morocco and Melilla security guards to throw acid on their faces while voluntarily crossing the Melilla border.

    In the last few years, the Spanish government approached a reliable refugee policy and welcomed more immigrants, and granted refugee status to various sub-Saharan African migrants as well as immigrants from Syria, Yemen, and Palestine in comparison to European union member countries. Morocco guards the Melilla border because they have advanced status partnerships with Europe which gives them an economic and political advantage in trade and political affairs.

    The European Union accounts for more than half of Morocco's international trade and the Eu also provides Morocco with millions of euros in aid for security and development. The morocco police sent refugees far from the Melilla border when they attempted to cross into the Melilla. They treated them badly, used weapons on them and brutally beat them, and burned their shelter. Morocco has partnered with European union member countries to stop immigrants from crossing the Melilla border and sometimes they are even approaching other countries prompting an outcry from human rights groups.

Conclusion
Many migrants come from either the sub-Saharan region or Syria in Spain. The world had faced many global issues such as terrorism climate change poverty and refuge violation of human rights. A large number of people leave their country from persecution, violence, and discrimination against them on the grounds of gender racial religion, and origin. They faced a civil war in their respective country.

Nowadays the refugee problem in the world become a contemporary issue for every country to deal with and secures the cooperation of all member countries of the UN in seeking a solution to the problem. Spain is to make a committee that is responsible for safeguarding migrant rights and protecting them from violence by security guards. It is necessary for the international community to enhance the existing refugee law safeguarding refugees from violence by security guards and suggesting that countries implement new laws which help to make close links between refugees and humans.

Spain should make a friendly and effective policy to grant migrants refugees in their country they should also expand their applicant criteria who will apply for refuge not only limited to that migrants who are persecuted in the civil war in their respective countries. Many refugees in morocco faced a problem securing food shelter and cloth and thus In the international human right law mention if any person denies basic livelihood it is the responsibility of the host country to provide them with the basic right of shelter cloth and food.

There is much international organization who is working for refugees and providing aid to uplift their condition. Since the refugee problem is a worldwide problem many international organizations such as UNHCR, human rights groups, Governments, and U.N. human rights agencies should be made accountable and responsible for the protection of the rights of refugees and makes coordinated efforts for the elimination of human rights abuses by the security guard.

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