Amnesty International has sent a letter to the Government of Spain, the regional governments and the different Spanish political parties to remind them that "the best interests of the child" must also prevail in the case of migrant children arriving in precarious boats to the islands.
The non-governmental organization states in this letter, also published on its website, that "the overcrowding in some centers for the reception of unaccompanied children is one of the main problems in the Canary Islands." Thus, it puts the number of reception centers for minors in the archipelago at 82 and points out that they are "well above their capacity" and with "insufficient human resources and economic means" to provide them with adequate care.
Regarding the staff working in the centers, Amnesty International highlights "the lack of specialized training, and interpreters or free and quality legal assistance."
The international movement highlights that the saturated and insufficient resources are compounded by the "serious" problems of "coordination between the different institutions that work on unaccompanied migrant children." Amnesty warns of the use of "different criteria by the same institution", in this case the "police, Prosecutor's Office or the General Directorate of Childhood itself". Thus, it warns that "this has very serious consequences, both on the rights of children, while they are minors, and, above all, when they have to face adult life."
Asks the Canary Islands Government to "strengthen supervision" and combat political racism
Amnesty International also believes that "complaint mechanisms must be strengthened to make them accessible and effective so that minors can contact the authorities if necessary." The "supervision of emergency reception centers" must also be improved. On the other hand, there are no adequate protocols to guarantee the referral to adequate resources for children with specific needs, such as victims of trafficking, applicants for international protection and minors with mental health problems.
Finally, Amnesty International believes that "a strategy must be established that includes adequate and forceful measures to combat racism against unaccompanied children, especially when it comes from local corporations and/or political leaders." Pointing out and stigmatizing minors in different areas, even in some health centers by their staff, or xenophobic pressures to stop attending to them are some of the consequences of this existing racism in the islands.
Problems in processing documentation
In this sense, he adds that they have spoken "with children who fear becoming adults because they do not know what will become of them," declares Virginia Álvarez, head of the Research and Interior Policy Area at Amnesty International Spain.
The issues that "most concern minors", according to the aforementioned text, are "the lack of adequate diligence in processing the necessary documentation in a timely manner to allow minors to leave the centers with a residence permit", and that "enables them to work."
“When you turn 18 you have to fend for yourself, but how are you going to do it if you have nothing. Many kids have to leave [the shelter] when they come of age, but they leave with nothing. I'm afraid this will happen to me too,” says Pierre*, a 17-year-old Cameroonian who has been in the Canary Islands for two years and two months after emigrating to help his mother and siblings.
Similar is the fear of Amil*, who arrived in the Canary Islands from Morocco at the age of 17, at the beginning of 2023, after his boat was rescued by Maritime Rescue. They took him to a juvenile center, which he had to leave in October of that same year. When he left, the only thing they gave him was his passport. After being left on the street, he was able to spend a few months in the Canary Islands 50 migrant camp, from where he began the procedures to apply for a residence permit, although at the time of the interview he was again homeless.
When he left the juvenile center for coming of age, no one informed him of his administrative situation (in fact, his application for a residence permit had already been denied for having been requested out of time), nor that, upon leaving it, his registration would be canceled and his health card would be withdrawn.
“The system is abandoning these boys and girls, leaving them without the tools to achieve their social integration,” laments Virginia Álvarez.
Demands solutions "without further delay"
"The Autonomous Communities have been failing to assume their responsibility in welcoming these children for two years, as is their obligation according to international treaties. The authorities and political parties must urgently and immediately adopt a binding, mandatory and equitable distribution proposal that guarantees adequate reception to all foreign children under the guardianship of any administration," says Esteban Beltrán, director of Amnesty International Spain.
According to data from the State Attorney General's Office, as of December 31, 2023, 12,878 unaccompanied minors were registered throughout Spain. The Canary Islands community had 4,700 minors in its reception network, which means that it would be taking care of the guardianship of 36.5% of the unaccompanied minors who had arrived in the Spanish State. As of August 2024, only 192 children had been transferred from the Canary Islands to other Autonomous Communities of the peninsula.
The central government has responded to the organization assuring that it "persists in the negotiation and the search for an agreement" with the different political parties regarding the necessary solidarity and shared responsibility between the Autonomous Communities. "We hope that this statement will become a reality without further delay. Both the state and regional governments, especially that of the Canary Islands, have been negotiating an agreement for months in relation to a possible Decree Law that alleviates the situation of unaccompanied children in the Canary Islands. We hope that the proposal is effectively based on the best interests of the child," demands Esteban Beltrán.
The Canary Islands Government has informed Amnesty International that in order to "try to alleviate this situation, new plans and actions are being addressed to improve the reception of migrant children, including the training of personnel working in the reception devices, to strengthen the detection of vulnerabilities and children in need of international protection, and that 200 million euros have been allocated to implement these improvements." It has also assured that it is working on a joint plan with the entities that collaborate with the administration, for the improvement and revision of protocols. Likewise, in November the work team of the General Directorate of Childhood was strengthened with 20 people, including ten with a technical profile.
Amnesty International recommends
Ensure the effective legal protection of unaccompanied children, and ensure that "the principle of non-refoulement is applied, discarding initiatives such as the return to Morocco of children promoted by some administrations."
- Ensure that all children are adequately identified and protection mechanisms are activated, adopting a uniform age determination protocol for the entire State, which is respectful of human rights and non-invasive, and in which it is guaranteed that minors are informed and heard.
- Guarantee, in accordance with international standards, the right of minors to documentation, asylum procedures and training and effective integration pathways.
- Allocation of sufficient resources in the Canary Islands and at the regional level, to ensure adequate reception.
- Ensure that migrant minors have information and accessible and effective complaint mechanisms, and that all cases of rights violations are thoroughly investigated and periodic inspections of the centers are carried out.
- Strengthen health services, especially in islands that may be more strained, such as El Hierro, especially strengthening mental health services.
- Adopt all necessary measures to combat racism and discrimination.
- Comply with the principle of solidarity and shared responsibility between the different Autonomous Communities, approving a mandatory distribution among them.
