A survey
Around 60 thousand smugglers frequent Nagor city
Attajdid, No. 964, 2-4 July 2004
Smugglers by necessity, waiting for development
Contraband has become a source of income for a large part of society in Nador in particular and in Morocco in general. According to local references the number of people working in this illegal trade is beyond 60000 citizens from different Moroccan cities. According to Spanish references 43000 Moroccans work in contraband. The phenomenon of contraband has no doubt led to flourishing trade on which the economy of the northern area depends. This parallels the smugglers’ increased interest in Algerian products coming from Bni Drar (20 km from Oujda). This city, which is very close to the Algerian borders, now knows a growing contraband activity and recently it has become the most attractive source for contraband goods.
The majority of people working in contraband are unemployed women and poor people. This is due to the lack of job opportunities, unemployment and immigration from rural areas - where the hope for development no longer exists – looking for a better life situation. In this way, the state itself has largely participated in encouraging people to practice this illegal trade that affects the local economy.
Smugglers by necessity and professional smugglers
In Nador city there exists a non-professional contraband activity that is called contraband for a subsistence wage. This wage does not exceed a few hundred dirhams. In an attempt to define contraband for a subsistence wage, the regional customs director, Mr. El Arbi Bel Bachir, says: “It wasn’t always in parallel to the border local trade, since the citizenship in the region of the borders follows a special order. And this is what we find in the other countries in the world, because there is a specific trade in the areas found in the borders… Moroccan legislators copied laws from the French legislators during the French presence in Morocco. And from that time, things remained static, in a sense that we still find people crossing, not the borders, but I call them some points towards the colonized city, taking with them some goods from Morocco and before they come back they do some shopping and bring with them personal goods.” “In this way,” adds the regional customs director, “things have developed until we started seeing people entering the colonized city not to look for work or for tourism, but mainly in order to bring goods. Those people cross the borders for one reason, which is to bring with them, when they return home, small quantities of foreign goods.”
Nador knows another kind of contraband called “professional smuggling.” It is an organized contraband with huge and valuable quantities of goods smuggled into the country by using different and sophisticated techniques. Professional contraband is restricted to big smugglers who are never arrested and their illegal actions are not interrupted by the state. However, the regional customs department considers all kinds of contraband a serious crime, and, “Contraband, although it manifests in various ways,” says the regional customs director, Mr. El Arbi Bel Bachir, “it remains a criminal activity which is classified among economic crimes. Contraband is considered also as an illegal trade because smugglers do not pay the required taxes to the state. Therefore, we are facing a crime, which we have to fight using every possible ways.
The causes of contraband are unemployment and the demand of goods
If contraband in the northern part of the country is something expected because this area is closer to Spain, there are other reasons that push Moroccan people to practice this illegal trade:
1. The first reason of contraband is the marginalisation of the northern area of the country. Although Nador is located geographically in a strategic area that can make of the city a place for tourism by excellence, it is, as in the past, marginalized by the government and it has not yet had its share of development. Playing with people’s emotions, Nador is referred to as “the entry to Europe”. This given name is nothing but ink on paper, and it does not at all coincide with the reality of the city. In short, Nador is, to tell the truth, the best illustration of poverty and backwardness that has ever existed.
If this is the case with an urban city then what about the rural areas such as Ijroumaws”, “Benni Sidal”, “Taztoutin” or any other village marginalized by the state. This total neglect of rural areas pushes countryside people to immigrate to the cities in order to look for jobs. This phenomenon promotes contraband activities and even clandestine immigration to Europe.
2. The second reason for contraband is the lack of job opportunities. After interviewing several people working in contraband it becomes clear that smugglers do not find pleasure in this illegal trade. On the contrary, they are forced to work in contraband because it is the only way to get a living although they are aware that contraband affects the national economy. One of the people we interviewed is a man, (M. L.) – 40 years old and responsible for four children. The man says: “I know that contraband is illegal and that smuggling is punished by the law, but what has our respectable government done to find a solution to this problem and what has it offered to jobless people as the alternative… I swear that if I have found a decent job that guarantees my dignity and my family’s dignity, I would have never ever worked in this illegal trade, from which I get too much pain, humiliation and disgrace. I assure you, every smuggler hates this work, but since there is no alternative, we will be forced to work in contraband and to endure the Spanish humiliation and mockery. Spanish people are the biggest human rights abusers. Another interviewee is (A. M.), 30 years old and single. He considers fighting contraband a stupid action. He states: “Fighting contraband will put pressure on people and push them to steal or to beg. Concerning my case, I am single, but I have to work for a whole family. Before, I used to sell vegetables and the police have always pursued me. I have always to bribe them with 5 or 10 dirhams, otherwise, I will lose all my merchandise. They are pursuing me as if I am selling stolen objects or alcohol. If only they stop alcohol dealers. They know their secret places but they do not stop them. Every day there is a possibility that I lose all my merchandise. If I lose it, where shall I go, then? Who is going to feed my family? We are obliged to work in contraband and do illegal works.
Another interviewee is (H. F.), divorced, and a mother of two children. The woman explains why she has resorted to this disastrous trade. She says: “I swear, if I found another job, I would have never worked in contraband enduring all kinds of humiliation and being the object of the customs’ beats and kicks.” The woman goes on to say: “I didn’t find a suitable job. I cannot become a maid in houses. It is dangerous for me as a woman and it is full of problems.”
3. The third reason for contraband is the increasing demand of the consumers. The first thing that attracts the visitor’s attention when he arrives to Nador is the abundance of goods smuggled from the colonized city (Melilla). These smuggled products have invaded the local markets (for example, in the provincial commercial complex, in the markets: the Big Maghreb, souk Oulad Mimoun, souk El joutiya, in addition to the crowded streets, bus stations and other surrounding places a huge number of contraband goods arrives to the city on a daily basis). Only a few hours after the arrival of smuggled objects every thing is sold. Smuggled objects are in high demand with consumers. This increasing demand encourages more people to work in contraband. A young smuggler states: “It is enough to go to Melilla just once a day. You buy the merchandise and when you return, you find people waiting for you. Smuggled objects are sold immediately. For me, I prefer working in contraband rather than spending the whole day walking in the streets looking for somebody to buy unwanted local products.”
Fighting contraband is a very difficult task
According to several official declarations and announcements, and, according to many Moroccan citizens, the government or the regional customs directory makes huge efforts to fight the phenomenon of contraband. This is clear from the sacrifices that customs officers have made in order to combat contraband. The customs have used different ways to stop contraband.
• Legal ways: The customs regional director states: “First of all, the state has put texts and laws which help fight contraband. In legal codes, contraband is considered as a crime and there are many references that indicate this idea. In addition to Law 74 in the criminal code, it is also stated in the customs code that contraband is a crime and it should be punished. Contraband has been defined by the customs code as a crime. You can find this definition in chapter 280 and also in the following chapters.”
The customs director goes on to explain: “We are very flexible with smugglers when they bring a logical quantity of smuggled goods. This quantity should not go beyond a few hundred dirhams. This is what we call in law contraband facilitation or contraband for a subsistence wage. If any smuggler brings a bigger quantity of goods, we stop him and we seize his merchandise. However, if the merchandise is very expansive and contains very valuable objects, then, we arrest the smuggler for investigation. There are different ways of dealing with contraband dealers.” The responsible director has explained the different ways of dealing with different smugglers. His explanation demonstrates to what extent the state tries to fight contraband and to protect the national economy from destruction. Moreover, the customs’ severe campaigns to arrest smugglers have allowed them to seize a significant number of illegal goods. The estimated value of these goods is 44,027,168 dirhams. The customs also arrested big quantities of drugs, whose value is around 5,106,000. The customs have also seized taxis, cars and other vehicles used in smuggling. This campaign was conducted only 4 months ago this year.
During 2003, the seized objects were of a considerable value, around 196,138,477 dirhams and the value of seized drugs was around 55,668,000 dirhams, not to mention the seized means of transportation which have reached 21,765,115. Concerning the fines, the customs have collected up to 1,753,920 dirhams.
However, although these big numbers seem comforting, the reality in the Moroccan society is quite the opposite. It is only the poor and the small smugglers who are the object to these campaigns. Big contraband merchants, however, are free from any kind of customs interference. A smuggler called (M. A.) who works in Melilla, and who is 32 years old states: “When there is no severe customs surveillance and when the borders are free from the main responsible people, smugglers bribe the officers with a sum of money on which they agree on regarding the number of cars which are going to cross the borders. These cars contain a huge number of contraband objects. Big smugglers receive a call from the officers and, without making too much effort, they go to receive their merchandise. This is what happens when the merchandise is expensive, valuable and belongs to big contraband merchants. Concerning ordinary smugglers, giving a bribe is the only solution to get the merchandise into the country. Smugglers, who are basically women, give from 10 to 20 dirhams to the officers.” When we talked to the regional customs director about that, he denied this testimony and said: “I have no idea about that…if I talk about something that I don’t know I will be considered a hypocrite and a liar…I don’t think that what you said really happens.” Going back to the smuggler, he added: “But when the commanders and the big responsible people are present all smugglers face problems.”
Another smuggler, who specializes in smuggling alimentary objects, says: “Personally, when there are the main responsible people in the borders, I do not smuggle anything. Otherwise, I will lose all my merchandise. However, when the atmosphere is free from the dangerous commanders, smugglers bribe the officers and we are allowed to transmit the merchandise into the country.” The man carries on saying: “Bribing the officers is something very common in contraband. All smugglers have to give a bribe. This is an old tradition …I can assure you that some customs officers make more profit from contraband than professional smugglers. Some of them have made significant profit out of contraband, and they have even established they own enterprises.” At the end, this interviewee asks the question. “Why doesn’t the state ask these officers about the origin of the money they get?” When we asked the regional customs director the same question he replied: “Up till now, no officer has been caught working in contraband. If any thing of that kind ever happens, it happens very secretly. But I still insist that no customs officer is engaged in contraband activities.”
After this answe, I asked the customs director about the kind of punishment in case any customs officer is caught engaged in contraband. The director gave the following answer: “We will deal with him the same way we deal with any other officer who does not do his job properly.”
At this point it becomes clear that contraband in Morocco is a very complex phenomenon that cannot be eliminated so easily. Even in America, where technology is very sophisticated, the government failed to defeat contraband and illegal immigration from Mexico. According to local opinion fighting contraband in Morocco is an impossible task as long as Sebta and Mellila are under the Spanish occupation.
Translated by Mariam Bouchama