The Deadly Border: The Unresolved Tragedies of Spain and Morocco

No Justice for Deaths at Melilla Border

Introduction

In a deeply concerning development, Human Rights Watch has revealed that there has been no credible investigation or justice for the victims of the violent clashes and deaths of asylum seekers and migrants at the border between Morocco and the Spanish enclave of Melilla, which occurred a year ago. The failure to hold those responsible accountable and the continued search for missing loved ones underscore the urgent need for action and reform. The lack of transparency and support from both Spain and Morocco has left families devastated and desperate for answers.

The Tragedy at the Border

The border between Morocco and the Spanish enclaves of Ceuta and Melilla has long been heavily fortified, leading African migrants and asylum seekers to attempt to scale the fences surrounding the enclaves en masse. The events on June 24, 2022, resulted in the deaths of numerous individuals, with conflicting reports on the exact number. While the Moroccan government claims that 23 people died, UN experts estimate that at least 37 people lost their lives, and the Moroccan Association for Human Rights in Nador states that 77 people are still missing.

In the aftermath of the clashes, media and non-governmental organizations documented instances of excessive force by both Spanish and Moroccan security forces, including the use of tear gas, rubber bullets, and rocks. There were also reports of injured individuals being left without medical assistance for extended periods. The lack of access to official information and support has had a devastating impact on the families searching for their missing loved ones.

The Search for Loved Ones

The families of the victims have experienced immense anguish and frustration in their search for their missing relatives. Many have described the lack of clarity and official information regarding the fate of their loved ones as heartbreaking. The difficulties faced by those searching for missing relatives have been exacerbated by the armed conflict in Sudan and the challenges of traveling to Morocco for DNA testing and identification purposes.

Moreover, the Moroccan government has not facilitated the search for missing individuals, and there have been reports of lengthy and complicated administrative procedures for visas, as well as refusals by the Moroccan embassy in Sudan to accept applications. These barriers have hindered the families’ ability to travel to Morocco and gather vital information about their missing relatives.

Lack of Accountability and Responsibility

Both Spain and Morocco have denied responsibility for the deaths and disappearances at the Melilla border. The Spanish Public Prosecutor’s Office closed its investigation in December 2022, exonerating Spanish security forces and calling only for disciplinary measures against agents of the Guardia Civil who threw rocks. The Moroccan authorities have also failed to conduct an independent and effective investigation. This lack of accountability and transparency reflects a broader disregard for the rights of migrants and asylum seekers.

Racialized Exclusion

The United Nations experts have highlighted the “racialized exclusion and deadly violence deployed to keep out people of African and Middle Eastern descent and other non-white populations” at European Union (EU) borders. The recent crackdown on migrants in Morocco, coupled with years of abuse against sub-Saharan migrants, further underscores the violation of human rights at the EU’s external borders.

Editorial: A Call for Accountability and Reform

The lack of justice and accountability for the tragic events at the Melilla border is deeply concerning and highlights a disturbing trend of unresolved tragedies and conflicts. It is imperative that Spain and Morocco take immediate action to address these issues and prevent further loss of life. The European Union, too, has a responsibility to ensure that its migration cooperation with Morocco is underpinned by respect for human rights.

Necessity of Independent Investigation

Spain and Morocco must agree to an independent, impartial, and comprehensive investigation into the events of June 2022 at the Melilla border. This investigation is essential to bring those responsible for serious human rights violations to justice and to prevent future violations. It is crucial that the investigation includes an examination of the use of excessive force, collective expulsions, and pushbacks.

Support for Families

The authorities in Spain and Morocco must prioritize supporting the families searching for their missing loved ones. This support includes ensuring timely access to information about the investigation and facilitating the transfer of remains for burials in accordance with the families’ wishes. Moreover, the Moroccan authorities should share all available information with the families and guarantee them access to prisons, hospitals, or morgues.

The Role of Spain and the EU

As Spain assumes the rotating presidency of the Council of the EU, it bears a significant responsibility to address the suffering caused by harmful migration policies. Spain must take the lead in advocating for a rights-respecting approach that includes establishing safe and legal migration routes, holding accountable those involved in border abuses, and implementing strong human rights conditionality for cooperation with other countries.

EU Migration and Asylum System Reform

The tragic events at the Melilla border serve as a stark reminder of the urgent need for reform of the EU’s migration and asylum system. Spain, in its role as the presidency of the Council of the EU, must play a leading role in ensuring that any reform is underpinned by respect for human rights and provides effective protection for migrants and asylum seekers.

Conclusion

The lack of justice and accountability for the deaths and disappearances at the Melilla border is a grave violation of human rights. Spain and Morocco must prioritize an independent investigation and support for families searching for their missing loved ones. The EU, too, must ensure that its migration cooperation with Morocco respects human rights and promotes the well-being of migrants and asylum seekers. The tragedy at the Melilla border serves as a stark reminder of the urgent need for comprehensive and rights-respecting reforms to address the ongoing humanitarian crisis at Europe’s borders.

Conflict-borderconflicts,unresolvedtragedies,Spain,Morocco