Spain on Monday denied violating any international law by repatriating unaccompanied child migrants to Morocco.
Defending the decision on Spanish radio, Minister of the Interior Fernando Grande-Marlaska said, “The refugees wanted to go home.” The Minister said that the repatriation of children from Spain’s Ceuta enclave was not an act of expulsion and is being done as per the provisions of the 2007 agreement between both nations, which facilitates the deportation of unaccompanied minors. He added, “The best interest of the child is guaranteed, and vulnerable children were not sent back.”
Spain is legally obliged to care for young migrants until their relatives are located, or the children turn 18. However, on Friday, Spain agreed with Morocco to deport 740 minor migrants currently under state care in Ceuta. The first group of 15 migrants were taken back to Morocco by bus, and since then, two more groups of 15 each have been expelled.
The migrant minors who are being deported entered the Spanish city of Ceuta on the north coast of Africa in May to escape unemployment, poverty, and hunger exacerbated by the COVID-19 pandemic.
The migration crisis erupted back in May after a dispute between Spain and Morocco due to Madrid’s decision to host Brahim Ghali, the leader of the separatist group Polisario Front, who used a false identity to receive treatment without informing Rabat. The diplomatic row between both nations led to lax border controls by Morocco, which allowed almost 10,000 people, including hundreds of unaccompanied children, to enter the city of Ceuta. The migrants entered Spain by either swimming around the fence or scaling the border.
However, the government’s decision to deport child migrants has met with criticism. A Spanish court on Monday suspended the deportation of 12 young migrants and launched an investigation to ascertain the circumstances under which the minors were being returned to Morocco.
The decision has also caused a rift in Spain’s coalition government. Social Rights Minister Ione Belarra of Unidas Podemos, a left-wing electoral alliance, opposed the policy and refused to be associated with it.
Similarly, international human rights organisations accused the Spanish government of violating two international laws regarding children. The first is the United Nations Convention on the Rights of the Child, which Spain ratified in 1990. The law outlines that “a child has the right to be heard during all legal and administrative processes that affect them.” The second is Article 35.5 of Spain’s immigration law passed in 2000. The article states that “protection services and the public prosecutor must issue a report before a minor can be deported–a process that has not happened.”
Angel Gonzalo, the spokesperson for Amnesty International, said, “The deportations of minors began on Friday and continued on Saturday. We are writing to the Ministry of the Interior asking them to stop these expulsions immediately and asking for transparency about their actions.”
Likewise, Save the Children has urged Spain to assess the needs of children individually and not send them back in groups. The organisation also accused Madrid of not respecting the rights of these children.
Despite fierce national and international criticism, Spain’s Interior Ministry refused to halt the deportations, stating, “We are convinced that [repatriation] is being done correctly and according to the law.”