The Challenges of Repatriating Minors
The repatriation of minors who crossed into Ceuta from Morocco is fraught with legal complexities and hurdles, primarily stemming from the necessity of Moroccan cooperation. Legal experts consulted by El Confidencial assert that if Morocco does not consent to the return of these minors, they will not be repatriated. The country of origin plays a crucial role in the repatriation process for immigrants under the age of eighteen, and Morocco's involvement is indispensable for the successful completion of these procedures. The Moroccan government holds significant control over the timing and number of minors that can be repatriated. Unfortunately, in previous instances, the cooperation from the Moroccan authorities has often been slow, if not completely absent, as noted by several sources.
Legally speaking, there is no possibility of handing over these children without the explicit consent of Morocco. The stark reality is that the vast majority of minors are likely to remain in Spain, as emphasized by the judges consulted. The law provides enhanced protection for minors and mandates that they be returned either to their families or to their country of birth, provided that the destination can ensure a reception in line with international standards, prioritizing the best interests of the child. Without Moroccan cooperation at both the initiation and execution stages of the repatriation process, there can be no delivery of these minors. As one judge succinctly put it, "It is a dead end."
Repatriation Procedures and Requirements
While Spain may initiate individual repatriation cases for each child, it lacks the legal and practical means to complete their return without Morocco's active involvement. It is not enough for the neighboring state to simply open its borders; a comprehensive process must precede this, requiring written documentation to accompany each case file. Initially, each child must be identified and proven to be Moroccan, as stipulated in the 2007 bilateral agreement, which obligates Morocco to identify the minor and their family and to issue the necessary documentation. The maximum timeframe for this identification process is three months from the time Spain provides the relevant information. Moreover, the General Commissariat for Foreign Affairs and Borders must obtain a diplomatic report on the child's family circumstances, encompassing details such as the identities of the parents and the living conditions of the family.
Following these verifications, there are two potential pathways for repatriation. Family reunification is always prioritized; however, if that is not feasible, the minor may be handed over to Moroccan child protection services. If Morocco does not provide family information and proposes that the child be placed under its protection, regulations require a written commitment from the appropriate Moroccan authority to assume responsibility for the minor. The decision to initiate repatriation hinges on this Moroccan information. According to Article 168 of the current regulations, the Government Delegation will commence the procedure when, "based on the information received," it deems that the child's best interests are served through family reunification or placement with the protective services of their country of origin.
Furthermore, Spain and Morocco must reach an agreement on which minors can return and in what numbers. This requirement is explicitly stated in the 2007 bilateral agreement: after regulating identification, it establishes that "the parties will reach a prior agreement on the cases of minors who may be subject to return, as well as their number." Article 5 of the bilateral agreement mandates both states to cooperate on a case-by-case basis to ensure the conditions for effective family reunification or, alternatively, the handover of the minor to a protective institution.
Once a definitive repatriation resolution is issued, the minor must travel accompanied by personnel from the Spanish protection service until they are placed in the custody of the competent authorities of their home country. This is stipulated in Article 171 of the regulations. Lastly, in cases where the minor lacks a passport or other documentation, Moroccan consular cooperation is essential for obtaining the necessary identification. The bilateral agreement explicitly requires Morocco to provide documentation confirming the child's nationality.
Reaching this final stage is a remarkable achievement that occurs only in rare instances. More often than not, Morocco either remains silent, claims it cannot locate the family, or declines to take responsibility for the minor. A significant percentage of these children thus remain in Spain, as the procedure cannot even be initiated without initial Moroccan cooperation. The complications are exacerbated when the number of minors is as high as it is currently, with figures approaching 3,000 still unverified.
As previously mentioned by this newspaper, the Public Prosecutor's Office has already highlighted this issue in its latest report, noting the impossibility of carrying out any repatriation processes concerning Moroccan minors "due to a lack of response from their authorities." Despite this, Morocco has expressed a willingness to cooperate in the identification and return of its minors. The European Union has also issued several messages urging Morocco to commit to this process. The coming months will be crucial in determining whether Morocco fulfills its obligations or if the path to return is derailed.
As reported by elconfidencial.com.
