The Moroccan Minister of Justice, Abdellatif Ouahbi, has urged for the repatriation of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migration surge. This call aligns with royal directives issued to relevant Moroccan ministries, aiming to streamline the identification and return process for these minors.
However, the exact number of minors involved remains uncertain. According to the latest figures from Spanish authorities, 1,527 unaccompanied minors were recorded in Ceuta following the crisis, though this number may include individuals who were already present in the enclave before the late July influx.
Existing framework between Morocco and Spain
Contrary to some misconceptions, Spanish law does not prohibit the return of Moroccan minors. Since 2007, Morocco and Spain have maintained a bilateral agreement focused on preventing the irregular migration of unaccompanied minors, safeguarding their rights, and facilitating their concerted return. The agreement outlines cooperation between the two nations to locate the minors’ families and, when feasible, either reunite them with relatives or transfer them to Moroccan authorities. (Official State Gazette)
Nevertheless, this agreement does not permit collective or automatic repatriation. Spanish law mandates an individual assessment for each minor to determine whether their return serves their best interests. This process involves gathering family background information, consulting Moroccan authorities, and allowing the minor to present their own perspective. The public prosecutor’s office also plays a key role in these proceedings.
The necessity of this individualized review explains why minors could not be processed alongside adults during the immediate border expulsions. Their irregular entry into Spanish territory does not negate their status as minors under the protection of Spanish authorities.
A 2021 precedent complicates current efforts
The cautious approach stems directly from the 2021 Ceuta crisis. Following the large-scale arrival of migrants in the enclave, hundreds of minors were repatriated to Morocco in an operation led by Spanish authorities.
This procedure was later deemed unlawful by Spanish courts. In January 2024, the Supreme Court upheld that the 2021 repatriations violated legal safeguards, citing insufficient individual assessments of the minors’ situations. The judge emphasized the lack of adequate review processes.
This legal precedent now presents a significant hurdle for any future collective repatriation efforts. While Morocco seeks the return of its nationals and Spain aims to alleviate Ceuta’s overcrowding, Spanish authorities must ensure that each repatriation complies with the legal guarantees in place.
Alternative measures: redistributing minors within Spain
In the meantime, Spain faces an urgent logistical challenge: the overcrowding of Ceuta. The government has activated mechanisms to transfer some unaccompanied minors to other autonomous communities. This strategy does not preclude the potential repatriation to Morocco—both processes operate independently.
This issue has already sparked political tensions in Spain. While the central government advocates for redistributing minors 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 and more a legally constrained process. Morocco has demanded their repatriation and asserts readiness to receive them. Spain may consent to these returns but must execute them on a case-by-case basis.
The coming weeks will hinge on whether cooperation between the two countries enables swift family identification and fulfillment of the necessary conditions for repatriation. The 2021 judicial precedent underscores that hastily organized collective operations risk renewed legal challenges.