Morocco’s justice minister, Abdellatif Ouahbi, has urged the return of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migration surge. This directive stems from royal instructions directing relevant ministries to streamline 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 following the crisis, as of the latest update on August 12. It’s important to note that this figure includes some minors who were already in the enclave prior to the late July arrivals.
An existing agreement between Rabat and Madrid
Contrary to some misconceptions, Spanish law does not prohibit the return of Moroccan minors. Since 2007, Morocco and Spain have maintained a bilateral agreement aimed at preventing the irregular migration of unaccompanied minors, ensuring their protection, and facilitating their concerted return. The agreement outlines cooperation between the two nations to locate the minors’ families and, where feasible, facilitate their return to their relatives or transfer them to Moroccan authorities.
Yet, this accord does not permit collective or automatic repatriations. Spanish law mandates an individual assessment for each minor to determine whether repatriation aligns with their best interests. This involves gathering family background details, consulting Moroccan authorities, and allowing the minor to present their own perspective. The public prosecutor’s office also plays a role in the process.
The need for this case-by-case evaluation explains why minors could not be processed alongside adults during the immediate border pushbacks. Even irregular entry into Spanish territory does not strip them of their status as minors under the protection of Spanish authorities.
The 2021 precedent casts a long shadow
This cautious approach is heavily influenced by the events of 2021. During that August surge in Ceuta, several hundred minors were sent back to Morocco as part of a coordinated operation by Spanish authorities.
However, the Spanish judiciary later ruled this procedure unlawful. In January 2024, the Supreme Court upheld the illegality of the 2021 returns, citing the failure to meet the legal safeguards required under Spanish law. The court specifically highlighted the lack of sufficient individual assessments for each minor involved.
This legal precedent now serves as a significant barrier to any future collective repatriation efforts. While Morocco has called for the return of its nationals and Spain seeks to prevent Ceuta from remaining overcrowded indefinitely, Spanish authorities must still ensure that every repatriation complies with the legal guarantees in place.
Alternative measures: distributing minors across Spain
In the interim, Spain faces a pressing challenge: managing the overcrowding in Ceuta. To address this, the government has activated mechanisms to relocate some of the unaccompanied minors to other autonomous communities. This step does not preclude the possibility of repatriation to Morocco but represents a separate procedural track.
The issue has already sparked political tensions in Spain. While the central government advocates for the distribution of minors across regions to ease Ceuta’s burden, the opposition Partido Popular insists that repatriation to Morocco should take priority. Juan José Imbroda, president of Melilla, has also urged the implementation of the 2007 agreement with Morocco.
The current situation reflects less a refusal by Spain to return the minors to Morocco and more a legally binding process that must be followed. Morocco has demanded their return and insists it is prepared to receive them. Spain may agree to repatriations but must handle each case individually.
The coming weeks will reveal whether cooperation between the two countries can expedite family identifications and meet the conditions necessary for repatriation. The 2021 judicial ruling serves as a stark reminder that hastily organized collective operations risk exposing authorities to further legal challenges.
