16/08/01

Spain: "Street children" have rights too

 

In the run-up to the Third World Conference against Racism, Amnesty

International called today for the full protection of the rights of

undocumented foreign children found on Spanish territory in the North

African Spanish enclaves of Ceuta and Melilla.

 

The organization expressed concern at reports that the authorities in

Ceuta and Melilla plan to resume their practice of systematically expelling

unaccompanied and undocumented children -- mostly of Moroccan origin --

living on the streets or in reception centres for foreign children.

 

"No such child should be removed from Spanish territory unless it is in

their best interest and there are clear guarantees that the removal will

not

lead to human rights violations," the organization added, noting that past

expulsions led to allegations that the children were subjected to inhuman

and degrading treatment and even physical ill-treatment.

In the most recent episode, a sixteen-year-old who was forcibly returned

to

the Moroccan frontier by the Melilla police reported being "slapped around

hard" by the police before being taken to the border. He was part of a

group

of children expelled from Melilla on 27 July, ostensibly to be reunited

with

their families. This, however, was not the case and he and three other

children found their way back to the city on their own.

 

"This is just one example of how children are often simply abandoned on

the

frontier or taken into detention in Morocco before being again released on

the streets," Amnesty International said.

 

Before the latest expulsions, the organization had written to the Spanish

government expressing concern about reports that the authorities in Ceuta

and Melilla were seeking to be exempted from parts of Spanish legislation

regulating the rights and duties of foreigners, which includes the

obligation to protect and care for unaccompanied foreign minors, and to

grant residence permits, within a period of months, to those it has not

been

able to reunite with their families.

 

"Such an exemption could lead to a repetition of past incidents in which

unaccompanied children have allegedly been subjected to abuses at the

hands

of Spanish police," Amnesty International said, making reference to

allegations that children were ill-treated during expulsion procedures.

Such

allegations included detention, often with adults, for several hours in a

police van, without seats, windows, ventilation or even water; beatings

with

truncheons and sexual abuse by at least one officer. There were also

allegations that, after the children had been handed over to the Moroccan

police, some had been beaten with rubber tubing, prior to being placed in

a

cell.

 

In its letter to the Spanish government, Amnesty International also

expressed concern about the widely-reported inadequacy of facilities for

the

care of undocumented children, in Ceuta in particular. The organization

referred both to the poor health and physical abuse which the children

suffered while living in the streets, port installations and underground

or

hillside tunnels, and to the apparently inadequate conditions in Ceuta's

only reception centre for the children. The centre was recently described

as

"lacking minimum standards of hygiene".

 

"The Spanish authorities -- as well as the governments in Ceuta and

Melilla

-- must abide by international standards on the care and protection of

children," Amnesty International said, reminding them of their legal

obligation to protect all children within their jurisdiction.

 

"Ceuta and Melilla must be given the resources to care for each child, and

to examine each case thoroughly and on an individual basis -- ensuring

also

that the child's views are taken into account -- before any decision is

taken to remove that child from Spain," the organization added.

 

"But the will must also be there to abide by Spain's international

obligations, which means ensuring that unaccompanied children enjoy all

the

rights guaranteed under the UN Convention on the Rights of the Child, and

that any decision taken is in the child's best interest."

 

Background

In 1998 three Local Police sergeants lodged a judicial complaint with the

prosecutor of Ceuta, alleging "serious irregularities" in the detention of

Moroccan children by the police in Ceuta. After the allegations were

publicized, the expulsions ceased, as did allegations of police

ill-treatment. However, the three officers were removed from patrol work

and

sent to guard the local cemetery. They were then suspended without pay.

When

no evidence was found to justify disciplinary proceedings against them

they

were reinstated after seven months but have reportedly remained the

victims

of a sustained campaign of vilification and harassment. They continue to

face charges brought against them by other police officers and a

government

minister for making false accusations.

 

In its letter of 20 July to the Spanish government, Amnesty International

urged the authorities to ensure that courageous police officers, and

others

in the autonomous cities who sought to defend human rights, were not

subjected to harassment and persecution by colleagues or by government

administrations.

 

\ENDS

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