Moroccan justice minister urges repatriation of unaccompanied minors from Ceuta
Morocco’s Minister of Justice, Abdellatif Ouahbi, has reiterated calls for the return of Moroccan minors currently in Spain, including those who arrived in Ceuta during the recent migratory surge. His statement follows directives from the royal palace, instructing relevant ministries to streamline the identification and repatriation process for these minors.
Uncertain numbers complicate repatriation efforts
The exact count of affected minors remains unclear. Spanish authorities reported 1,527 unaccompanied minors in Ceuta following the crisis, though this figure includes individuals already present before the late July influx. Some arrived on July 30 and 31, while others had been in the enclave for longer periods.
Legal framework governs repatriation, not prohibition
Contrary to common misconceptions, Spanish law does not outright ban the return of Moroccan minors. Since 2007, Morocco and Spain have maintained a bilateral agreement focused on preventing irregular migration of unaccompanied minors, ensuring their protection, and facilitating coordinated returns. The accord mandates collaboration between both nations to trace families, assess suitability for return, and, where appropriate, facilitate either reunification with relatives or transfer to Moroccan authorities.
However, the agreement does not permit collective or automatic repatriations. Spanish law requires a case-by-case evaluation to determine whether returning a minor aligns with their best interests. This process involves gathering family background details, consulting Moroccan officials, and allowing the minor to present their views. The public prosecutor’s office also plays a critical role in these assessments.
This procedural requirement explains why minors could not be repatriated en masse alongside adults during the initial expulsions. Irregular entry into Spain does not negate their status as minors under Spanish protective custody.
2021 Precedent shapes current repatriation strategy
The caution surrounding repatriations stems directly from lessons learned during Ceuta’s 2021 migration crisis. Following a mass influx, Spanish authorities organized the return of several hundred minors to Morocco. However, the Spanish judiciary later deemed this operation unlawful in January 2024, citing violations of legal safeguards—particularly the absence of thorough individual assessments.
This legal precedent now serves as a significant barrier to any collective repatriation efforts. While both Rabat and Madrid seek solutions to alleviate Ceuta’s overcrowding, Spanish authorities must rigorously demonstrate that each repatriation complies with domestic and international legal standards.
Alternative measures: dispersing minors across Spain
In parallel with potential repatriations, Madrid is implementing emergency measures to address Ceuta’s saturation. The government has activated protocols to redistribute unaccompanied minors to other autonomous communities, a process separate from repatriation discussions. This approach aims to relieve pressure on Ceuta while maintaining the legal integrity of each minor’s case.
The policy has sparked political debate in Spain. The central government advocates for regional distribution to ease Ceuta’s burden, while opposition figures, including the president of Melilla, Juan José Imbroda, push for prioritizing returns to Morocco under the 2007 agreement. Rabat has expressed readiness to receive the minors but emphasizes the need for an orderly, case-specific process.
The coming weeks will test whether cooperation between Morocco and Spain can expedite family tracing and fulfill the conditions required for repatriation. The 2021 judicial ruling underscores the risks of hasty collective operations, reinforcing the necessity of meticulous legal compliance.
