The deaths of at least 23 Africans attempting to cross the Spain-Moroccan border in Melilla was gravely concerning, UN experts said today, urging both governments to conduct an independent investigation of the incident and report progress.
The deaths occurred during an attempt by about 2,000 people to enter Spain by climbing the high fences surrounding Melilla, a Spanish enclave in North Africa.
“Any use of force by law enforcement officials must be guided by principles of legality, precaution, necessity, proportionality, accountability and non-discrimination,” said experts from the UN International Independent Expert Mechanism (IIEM) mandated to advance racial justice and equality in the context of law enforcement and the UN Working Group of Experts on people of African descent.
The IIEM has sought detailed information on the incident from the governments of Spain and Morocco, particularly on the ongoing investigations. The experts also urged both governments to provide information on the domestic regulation of the use of force and measures taken to ensure non-recurrence.
“We note that investigations have started and call on Spain and Morocco to take to all necessary steps alongside the European Union and the African Union to ensure prompt accountability, reparations for victims and preventing recurrence of unlawful deaths in accordance with their obligations,” the experts said.
The experts said that based on the information gathered, they will also assess legislation and law enforcement practices in both countries against applicable human rights standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the UN Human Rights Guidance on Less-Lethal Weapons in Law Enforcement.
“We wish to provide both governments with concrete recommendations to end this cycle of deadly encounters of Africans with law enforcement,” said Justice Mokgoro, Chair of the IIEM.
Experts from the Working Group recalled their 2018 visit to Spain (https://undocs.org/en/A/HRC/39/69/Add.2.) and concerns expressed over the collective expulsions and pushbacks at the borders of Spain in Ceuta and Melilla.
“We will continue to monitor the situation and engage with Spanish and Moroccan authorities,” the experts said. “We stand ready to provide guidance and recommendations to States and all relevant stakeholders to ensure that victims and their families obtain justice.”