We must re-establish legality at the southern spanish border
Urgent Political Measures
The southern spanish border is a space in which the legal system applies only in an exceptional manner and where rights violations are systematic. We must begin an accumulation of forces from civil society in order to achieve urgently, through a multilevel strategy of social mobilisation and coordinated political impact, the re-establishment of legality at the southern border. This process has to be framed within another, wider one, that will allow us to generate a paradigm shift from existing migration policies to others more respectful of the human rights of migrant persons.
In order to achieve the re-establishment of legality at the southern border, with regard to both the land entrances and territories of Ceuta and Melilla, it is urgent that both the government and parliament take the following 10 measures:
- Parliament must repeal the final provision of Law 4/2015 on Citizen Security. Likewise, the government must stop carrying out “hot returns” and respect international law.
- The government must remove the harmful elements of the Ceuta and Melilla fences, and negotiate with Morocco to eliminate the harmful elements of the fence areas.
- The government must suspend cooperation with Morocco on matters of migration control until Morocco respects the human rights of migrant persons.
- Returns of migrant persons to Morocco must cease due to the systematic cruel, inhuman or degrading treatment to which they are subjected there, thus respecting the principle of non-refoulement.
- The government must establish safe and legal routes so that migrant persons, as well as potential asylum-seekers, can safely access Spanish territory. In particular:
- It must call upon the Moroccan government to give migrant persons access to the border crossing points of Ceuta and Melilla
- There must be a relaxation of visa requirements for African countries
- It must be made possible to request asylum in Spanish embassies
- The government must adapt the CETIs (Centros de Estancia Temporal de Inmigrantes, temporary migrant stay centres) to the standards determined by EU Directives on asylum, and speed up the administrative procedures so that migrant persons – whether they request asylum or not – are in the autonomous territories for the minimum time necessary, thus avoiding overcrowding of the CETIs and immediately guaranteeing the freedom of movement of those persons who request asylum.
- Following a dialogue with specialised organisations, the government must establish adequate mechanisms to guarantee the protection of women in Ceuta and Melilla who may be victims of trafficking. Likewise, the government must establish adequate mechanisms for LGBTQI+ (lesbian, gay, bisexual, transgender, queer/questioning, intersex, +).
- The central government and the governments of the autonomous cities of Ceuta and Melilla must implement the necessary measures to avoid minors living in the streets of Melilla, with no exception. To this end it is essential that they exercise iron control over the treatment meted out in the minors’ centres, that they transfer many of the minors to centres on the Spanish mainland and that they guarantee with maximum speed the documentation of minors once they reach 18 years of age, at which time protection policies should be applied in order to guarantee their full development and their social and economic rights.
- The government must carry out the necessary architectural reforms to ensure that the border crossing points used by ‘porters’ (porteadoras) are adapted to ensure the safety of people and the respect of human rights; must establish clear and public protocols for the management of “atypical” trade; and must ensure that the management of the phenomenon is not exclusively undertaken by the police and is, in any case, respectful of human rights. To this end, it is indispensable that new mechanisms of control are established.
- The government must guarantee respect for the rights of freedom of the press, association, assembly and demonstration in Ceuta and Melilla, as well as ensuring that social intervention work is carried out in a suitable work.