An influx of at least 1000 migrants has triggered the row of diplomatic tension among Morocco and Spain, about 8,000 migrants have entered the borders of Ceuta and raised issues & apprehension about the fate of their streaming in from North Africa into Ceuta.

At present, numerous migrants using dinghies have opted to make the dangerous journey from Morocco into Spain, an influx of at least 8000 people was unusually high threatening a humanitarian crisis. Many, were young men but there were also families and unaccompanied minor least one person died making the crossing thousands have been expelled by the Spanish Campaigner are worried that the migrant rights have been violated, as it is a rapid pace of expulsion the number of the arrival has now dropped in what appears to be an attempt by Moroccans authorities to tighten border controls police scuffled with people as they tried to force this way in the Spanish enclave of Seyuata, the event has a caused a diplomatic row between the two countries. 

On the African side of the strait of Gibraltar’s, it is one of two Spanish territories on mainland Africa, despite fences and strict policing thousands attempt to cross from Morroco and say every year the Spanish government has accused Morroco of being responsible for the influx of migrants and has threatened to use force to stop people from entering the president of Ceuta called the influx.

The reason behind this influx, wherein morocco has repudiated, as they recalled the ambassador from Madrid Rabat is reported to have been angered since Spain Allowed the head of the Polisario front Ibrahim Raleigh for medical treatment last month the Polisario front and morocco are technically still at war over Western Sahara.

Before this, there have been similar arrivals and other parts of Europe, and this due to the record numbers of people who are forcibly displaced, globally there are more refugees than they have ever been before, and the majority of those arriving in Europe are refugees. These people are forced to move for other reasons.

In this case, urging Spain as all countries to respect the international law, when encountered with these arrivals of people and despite all the dramatic episodes, the overall number of people arriving are manageable through legal protection under the 1951 Refugee convention and Regulatory Of The Right Of Asylum And Subsidiary Protection of Spain.

Nevertheless, if we look at this, we could see that this is the risk of relying on other countries outside Europe Such as Morocco or such as turkey to try to prevent people from coming to Europe and that builds the risk, an unrelated diplomatic event.

There are some deep geopolitical concerns, over how morocco has been recognized by Trump. There is an instrumentalization on or weaponization of migration on the part of morocco and because a large number of migrants have crossed, have returned, there always have been migration in huge number existed between the two countries, like rising in diplomatic tensions amongst the country.

However, these diplomatic tensions have raised owing to the Polissorio front leader who was admitted to the hospital of Spain, who has been a criminal and have carried out criminal activities & accused of genocide kind of crimes, and who has been at war with morocco who acts on the behalf of Algeria to attack the territorial integrity of morocco.   

Whereby, the economic livelihood of a lot of people has been weakened owing to the closure of borders and the recent pandemic.   Nonetheless, Spain should abide by the international law aspects and its law on right to asylum and subsidiary protection and also bound to protect the unaccompanied minors under the convention of rights of the children.

In this case, rather than returning the migrants, Europe could have adopted the strategy of reopening the legal routes there could have been individuals assessment of each migrant to entered via borders, through a legal procedure, if they wanted to seek asylum, rather than assessment group-wise because group-wise it does not give adequate opportunity to be assessed properly legally with a suitable procedure to identify one’s proper identity and also all the unaccompanied minors could be protected by the convention on the rights of the child.

The unaccompanied minors should be protected under the Convention on the rights of the child, the Spain should follow duly procedure to protect these unaccompanied minors. In, convention on the rights of the child which are article 2,3,6, 7,8, and 9 they should abide by it. 

The European Union’s (EU) asylum legislation contains special provisions for minors and unaccompanied minors to protect the best interests of the child. Protecting the best interests of the child, which includes, in particular, awarding full respect for the principle of family unity, must be a primary consideration of the EU Member States when applying and implementing the legislation.

The Asylum Procedures Directive creates a common asylum system in the EU. Article 25 deals with procedural guarantees for unaccompanied minors, in particular the appointment of a representative and medical examinations to determine the age of a minor. Personal interviews must be conducted in a child-appropriate manner.

Under the Regulatory of the right of Asylum and Subsidiary protection grants, refugee status under article 3 and article 4 talks about the Subsidiary protection – it says that the right to Subsidiary protection is one granted to persons from other countries and stateless persons who, without meeting the requirements to obtain Asylum or to be recognized as a refugee, but for whom there are reasonable grounds to believe that if they returned to their country of origin in the case of nationals, or in the case of stateless persons of their previous habitual residence, they are risk of sufferings any of the serious damage provided for in article 10 of this law, and which cannot or because of said risk, they do not want to avail themselves of the protection the country in question, as long as one of the cases mentioned in article 11 and 12 of this law does not concur. Besides, Article 5 rights guaranteed with asylum and subsidiary protection – the protection granted with the right to asylum and the subsidiary protection consists of the non-return or expulsion of the person who has been recognized, as well as the adoption of the measures contemplated in article 36 of this law in the regulation that develops it in the regulations of the European Union (EU) and the international conventions ratified by Spain. Articles 6, 7,16,17,18 shall also be protected and followed while a migrant is seeking asylum in the territory of Spain.

To conclude, Spain should be protecting the rights of the migrants who are seeking asylum in their territory and parts of it. They should abide by international law and protect the rights of the same. Owing to the agreements between the two countries should not be in direct violation of the migrants. However, European Union should adopt the strategy for legal reopening routes to protect the migrants incoming and should be protected as duly procedure of international law and conventions on refugees to protect the rights of the same in future events.


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