International Centre for Trade Union Rights and the local branch of TGWU/Unite yesterday launched an offensive against the alleged discrimination of Moroccan workers in Gibraltar, with the presentation of a detailed dossier entitled “Human Rights Denied – 40 years of the Moroccan community in Gibraltar.”

According to the report Gibraltar is denying the Moroccan community a whole range of rights from political enfranchisement, to inadequate access to public housing and services, while subjecting them to a discriminatory process of applications for citizenship and profound difficulties with visas and travel arrangements.

ICTUR spokesman professor Keith Ewing said they had collected evidence that allegedly demonstrates “a number of serious breaches of substantive provisions of local, regional and international law, and also of non-compliance with fundamental legal principles pertaining to decision making and the exercise of discretion in the realm of public and administrative law.”

“Should a political resolution fail to materialise rapidly, the most convenient route for addressing the problems identified will be through proceedings in judicial review.”

According to ICTUR formal legal advice commissioned from Karon Monaghan QC confirmed that there are allegedly “good prospects of succeeding in legal action under sections 1 and 7 of the Gibraltar Constitution.”

Mr Ewing also claimed that in addition to these specific problem areas, they had encountered “an extraordinary lack of transparency and secrecy about matters that ought to be easily accessible.”

The report also makes several recommendations to the British, Spanish and Gibraltar governments although it omits all reference to any responsibility by the Moroccan Government.

RECOMMENDATIONS

It says Britain should hold discussions with the Gibraltar Government to achieve full compliance with all human rights obligations in respect of Moroccans, a review of the situation annually, and the publication of all relevant naturalisation criteria so the application process is transparent and accessible.

It also urges Britain to recognise the entitlement to vote of long term residents, in conjunction with the Gibraltar Government.

The Gibraltar Government is also urged to extend all social security and welfare benefits, pensions, state support, including Community Care, on the same terms as other Gibraltarians, to Moroccans working on the Rock.

Also to extend health care for the family members of the Moroccan community during their visits to Gibraltar, a renovation of Buena Vista hostel, and amendments to the Housing Allocation Schedule to remove “the discriminatory provisions that restrict public housing to Gibraltarians, British, Commonwealth and EU citizens.”

On family reunification, ICTUR urge the Gibraltar Government to permit Moroccan nationals working and residing in Gibraltar “to have their families live with them on a permanent basis, by liberalising any visa restrictions.”

It adds that the transit visas for Moroccans crossing the frontier proposed by the Tripartite Ministerial Forum should be made available “with immediate effect.”

LEGAL ADVICE

The report also states that ICTUR has obtained legal advice and that there are “good prospects and solid grounds for action under various legal processes”, not just under provisions of the Gibraltar Constitution but under the Equal Opportunities Ordinance 2006 and under the European Convention of Human Rights. It also refers to alleged “violations of the terms of the EU-Morocco Agreement, as well as the Race Directive 2000.”