The Moroccan Minister of Justice, Abdellatif Ouahbi, has reiterated the urgent need for the return of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migration surge. This directive follows royal instructions aimed at expediting the identification and repatriation process for these young individuals.
However, the exact number of minors involved remains unclear. Spanish authorities reported 1,527 unaccompanied minors in Ceuta after the crisis, as of the latest data shared on August 12. It’s important to note that this figure includes some minors who were already present in the enclave prior to the July 30-31 migration wave.
Existing cooperation between Morocco and Spain
Contrary to some misconceptions, Spain does not prohibit the return of Moroccan minors under its laws. Since 2007, Rabat and Madrid have maintained a bilateral agreement focused on preventing irregular migration by unaccompanied minors, safeguarding their rights, and facilitating their organized return. The agreement outlines procedures for locating the minors’ families and, when feasible, reuniting them with relatives or transferring them to Moroccan authorities.
Nevertheless, this agreement does not permit collective or automatic returns. Spanish law mandates a case-by-case assessment to determine whether repatriation aligns with the child’s best interests. This involves gathering details about their family situation, consulting Moroccan counterparts, and allowing the minor to voice their perspective. The public prosecutor’s office also plays a key role in the process.
The necessity of this individual review explains why minors could not be processed alongside adults during the initial expulsions. Their irregular entry into Spain does not negate their status as minors under the protection of Spanish authorities.
The 2021 precedent casts a long shadow
This cautious approach stems from the events of August 2021, when hundreds of minors were returned to Morocco following a mass migration wave in Ceuta. The Spanish judiciary later ruled that these returns were unlawful, as the required safeguards had not been properly implemented. A Supreme Court ruling in January 2024 upheld this decision, emphasizing the absence of adequate individual assessments.
This precedent now serves as a significant hurdle for any future collective operations. While Morocco seeks the return of its nationals and Spain aims to alleviate the strain on Ceuta, Spanish authorities must ensure that every repatriation complies with legal protections.
An alternative: dispersing minors across Spain
In the meantime, Spain faces the immediate challenge of managing overcrowding in Ceuta. The government has activated protocols to relocate some unaccompanied minors to other autonomous communities. This measure is separate from any potential repatriation discussions and does not expedite their return to Morocco.
Political tensions in Spain are already escalating over this issue. The central government supports redistributing minors to ease pressure on Ceuta, while the opposition Popular Party advocates prioritizing their return to Morocco. Juan José Imbroda, President of Melilla, has also urged the implementation of the 2007 agreement with Rabat.
The current situation reflects not a refusal by Spain to return the minors but rather a legally binding process that demands meticulous handling. Morocco has expressed readiness to receive them, but Spain must proceed methodically, ensuring each case meets the necessary criteria. The coming weeks will reveal whether bilateral cooperation can swiftly identify families and meet the conditions for repatriation. The 2021 judicial precedent underscores the risks of rushed collective actions, which could expose Spanish authorities to further legal challenges.