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Noting the police surveillance of Mrs. Mandika and her baby in the hospital for several days, GADEM has mobilized a lawyer to conduct a procedure for his release. A statement of fact was made by a bailiff according to the order of the President of the Administrative Court of Casablanca.
In addition, the GADEM requested the transmission of the administrative decision concerning this form of detention and the possible expulsion which could follow. We are still waiting for an answer that would demonstrate that due process has been undertaken by the administration concerned and that would allow legal recourse, as provided by the Moroccan law.
For now the Gadem is in regret that, in addition to the probable infringements of Articles 26 and 29 of Law No. 02-03, which protect children and pregnant women against any measure of expulsion, a failure to respect Morocco’s international commitments, of which those relating to the MAPUTO protocol, which would place the authorities of our country in an unfortunate situation.
Indeed, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa states in its first article that : “We expect by” violence against women “, all acts perpetrated against women causing or likely to cause women harm or suffering physical, sexual, psycho logical or economic, including the threat of such acts, the imposition of restrictions or the arbitrary deprivation of fundamental freedoms, whether in private life or in public life, in peacetime, in conflict or war.
Similarly, the African Charter on the Rights and Welfare of the Child stipulates in Articles 3 and 4 that: Article 3: “Every child has the right to enjoy all the rights and freedoms recognized and guaranteed by this Charter, without distinction of race, ethnic group, color, sex, language, religion, political affiliation or other opinion, national and social origin, fortune, birth or other status, and without distinction of the same order for his parents or legal guardian. Article 4: “In any action concerning a child undertaken by any person or authority, the interest of the child shall be the primary consideration. The Gadem wants to alert the authorities to the deplorable image that these bad practices give our country. We can not, on the one hand, brilliantly pursue an African policy and, on the other hand, not respect our commitments to the African populations.
GADEM simply demands respect for the procedures specified by Moroccan law and respect for the humanist spirit included in the new migration policy as expressed by the head of state. The expulsion of Mrs Mandika and her baby would go against the progress that our country has made for the rights of migrants, welcomed The Gadem does not even dare to imagine such a tragic outcome and calls the authorities to reason.