The incidents that resulted in the deaths of at least 23 migrants last Friday as they attempted to cross the border from Morocco into the Spanish enclave of Melilla were condemned on Tuesday by the UN Committee on Migrant Workers (CMW).
The victims’ causes of death, including whether they fell from the fence, died in a stampede, or were killed by border patrol agents’ actions, are yet unknown. The independent experts urged the two States to launch prompt, in-depth investigations and hold accountable anyone involved.
The Committee also urged Morocco, Spain, and the other EU States to take steps to guarantee and uphold the right to apply for and be granted asylum in order to prevent similar tragedies from occurring in the future. The Committee sent the following statement to the media:
We are horrified by the murders of these migrants, who had every right to cross the border in search of a better life.”
“We want to express our extreme concern and sorrow about this incident. We regret that the International Convention on Migrant Workers, which upholds the right to life, has been violated.
We remind all States that migrants must not be subjected to any cruel, inhuman, or degrading treatment or punishment in light of the facts we have gathered.
States must also ensure that all border policies and procedures effectively uphold all human rights duties, protecting migrants’ inalienable rights to life, dignity, security, and physical integrity at all times.”
We regret that there are also injured security personnel and migrants, though it is still unknown if any youngsters were involved.
We send our sincere sympathies to the victims’ families. We feel their pain.
If comprehensive rights-based thinking had been incorporated into border policies, the tragedy might have been prevented.
“We implore the Moroccan and Spanish governments to launch swift, exhaustive, unbiased, independent, and open investigations into these killings and to establish who is responsible.
Additionally, steps should be done to guarantee that victims and their families have access to justice.
In addition, the government must fully compensate victims of human rights abuses, particularly those who were subjected to arbitrary pushbacks that violated the non-refoulement norm.”
The Moroccan Government is specifically obligated to preserve the deceased’s bodies, thoroughly identify them and notify their families, as well as to offer the necessary assistance for the transfer of the bodies.
The injured should receive the necessary medical attention to ensure a speedy recovery.
“We call on all States to respect the human rights of migrants, including asylum seekers, to uphold their commitments to the International Convention, and to abide by the Global Compact for Safe, Orderly, and Regular Migration, which was adopted in Marrakech, Morocco, as well as the Recommended Principles and Guidelines on Human Rights at International Borders.”
“We use this opportunity to urge the international community and States to take steps to prevent similar occurrences in the future. We also emphasize that, as stated in the Committee’s General Comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention, and their intersection with other human rights, detention is an exceptional measure of last resort that, if used, must be consistent with the criteria of responsibility, necessity, and proportionality.
The use of force by the government when someone is being detained must also be proportionate and must always respect the human rights of those involved in migration.”
“We implore all involved host and transit country governments to treat the migrants with security, dignity, and humanity in accordance with their legal obligations under international law.