MadridEighteen days after the entry of tens of thousands of people from Morocco to Ceuta, the European Commission maintains its position on the future of migrants who remain in the autonomous city. The Community executive has argued that all should be returned, including the more than two thousand minors who have entered without adult relatives and to whom Community law and Spanish immigration law itself grant special protection. Brussels argues that European Union law also provides for their return. “We continue to insist that the expectation is that all those who are irregularly in Ceuta will be returned,” said the spokesperson for the Internal Affairs committee, Markus Lammert, this Tuesday at a press conference.
To affirm this, Lammert clung to the return directive approved last June. Specifically, to the provisions on the return of migrants in an irregular situation, “including unaccompanied minors,” said the spokesperson. However, the regulation that foresees this will not come into force until it is ratified by the Council of Europe, where the 27 member states of the Union are represented.
Morocco has already offered to collaborate in the return of all minors – the Spanish Ministry of the Interior has identified 2,168 so far – and Lammert has reiterated Brussels’ offer to “facilitate and support” this process. A technical team from the Directorate-General for Migration and Home Affairs of the EU visited the autonomous city last week to get first-hand knowledge of the situation on the ground and gather information on the needs of migrants – particularly unaccompanied minors.
What does Spanish law say?
However, beyond community regulations, Spanish legislation establishes that before deciding on the repatriation of a migrant minor, family circumstances in the country of origin must be studied and the possibility of family reunification assessed. If it is not possible, the minor will be under the guardianship of the regional administration, which must provide basic care until they reach the age of majority.
During the process, it is essential to have the testimony and opinion of the young person, as the law stipulates that, above all, “the best interests of the minor” – that is, their well-being at all levels – must be taken into account to avoid putting them at risk. Finally, it is the Delegation of the Spanish Government in the autonomous community that is responsible for deciding whether repatriation can be carried out. A technical team from the Ministry of Childhood and Youth has been permanently stationed in Ceuta to expedite these procedures. In this context, the General Council of the Judiciary (CGPJ) has asked the High Court of Justice of Andalusia to strengthen human resources for the duration of this exceptional situation. Sources from the Ministry of Justice assure that they have already made progress in this reinforcement and that they have everything “ready” for when they are instructed to continue doing so.
Children still without space
Meanwhile, Ceuta continues to look for places to accommodate at least 500 migrant minors not accompanied, local government sources explain to ARA. “We continue looking for locations for the minors,” they indicate. These are the minors who would not be in any reception center of the Ceuta government – they are far above its capacity – which is the one that has competence over them, in the same way that the autonomous communities do. They are children who still sleep in the open, in spaces that some neighbors on the outskirts have improvised, or are hosted by the neighbors themselves.
At the time, two public schools were also opened where the girls who arrived alone were housed. Ceuta government sources indicate that there are about 350. But the intention is that these schools become free for the start of the school year.
More places for adults
On the other hand, the Spanish government has begun to set up four spaces for adult migrants who remain in the autonomous city, surviving in makeshift settlements, many of whom are asylum seekers. One is part of the Loma Colmenar parking lot, a plot ceded by the government of Ceuta. The other three spaces are owned by the Spanish government. These are the equestrian facilities, within the Military Socio-Cultural Sports Center; the old football field of the cavalry barracks, and the Guano space, also linked to the army. The ministry does not specify how many people will be in each space, although the Loma Colmenar parking lot will be the largest.
The bulk of the people who will be accommodated will be those found on Trampolín beach. Here, a thousand migrants from different African countries, from Sudan to Yemen, Niger and Egypt, have been demanding for days to be able to process their international protection application. For now, the Spanish government has already registered about 500 applications, according to Interior.
The army is the one setting up these four provisional and temporary spaces – they are basically tents with bunk beds – and it is expected to do so “quickly,” according to sources from the Spanish government delegation in Ceuta, although they do not specify within what timeframe.
The Ministry of Inclusion, Social Security and Migration estimates that 1,500 people will be able to find shelter there, but the number of adult migrants on the street is higher – it is taken for granted that some will be returned to Morocco. In any case, the head of this department, Elma Saiz, has not ruled out the possibility of increasing the number of places later on.
These large reception spaces come after weeks in which efforts have focused mainly on border reinforcement and control, the identification and registration of people – especially minors – and their return to Morocco. In fact, until just before August 15, when both sides of the border were completely sealed to prevent a new entry, returns were maintained with speed – police sources indicated to ARA that about 600 migrants returned “voluntarily.” Now the trickle of people leaving Ceuta continues, according to sources from the Ministry of the Interior, but to a lesser extent.
A center to resolve returns
In parallel, sources from the Ministry of the Interior explain to l’ARA that the opening of a Temporary Centre for Foreigner Attention (CATE) next to the port of Ceuta is being finalized for adult foreigners who have entered irregularly, and for whom the police must resolve the deportation file within the 72 hours set by the immigration law.
During this period of time, the police must register and confirm the person’s identity, and from here initiate the individual process to return them. The migrant, however, has the right to appeal the decision and must have access to legal assistance and a translator. Sources from the Ministry of the Interior explain that the space aims for the process to be carried out in more “dignified” conditions.
A Moroccan NGO requests investigation into deaths at the border
The Moroccan Organization for Human Rights (OMDH) has demanded this Tuesday that independent investigations be opened into the deaths, injuries, and alleged human rights violations recorded at the Ceuta and Melilla border beyond the entry of tens of thousands of people from Morocco at the end of July. The NGO has demanded that this investigation be “independent”, that it be carried out in both Spain and Morocco, and that the results be made public to guarantee families the right to truth, justice, and reparation.