Representatives from 20 organizations specializing in migration, refuge, and human rights met today with President Pedro Sánchez and Elma Saiz, Minister of Inclusion and Social Security, to demand the implementation of the European Migration and Asylum Pact in a way that fully guarantees human rights, both at borders and within Spain. “This is a key moment to contribute to a Europe that defends human rights and aligns with its founding values,” they declared.
After the meeting, the organizations valued the president’s commitment to advocating for a rights-based approach in the EU regarding the application of the Pact and his pledge to ensure ongoing dialogue with civil society throughout the process of its implementation in Spain. The organizations emphasized the importance of turning these commitments into a reality.
The organizations expressed concerns about the significant challenges posed by this Pact in terms of human rights, international humanitarian law, and international protection. They warned, among other things, about the introduction of new “pre-entry” controls, accelerated asylum and border return procedures, reduced procedural guarantees, and the risk of excessive use of detention. These measures could create serious obstacles to accessing the right to asylum and endanger human rights, as well as violate the principle of non-refoulement, further worsening the already vulnerable situation faced by many migrants and refugees.
Opportunity to Lead the Way in Europe
We also reminded that Spain still has the chance to “turn these challenges into opportunities, serving as an example for other EU countries by building a migration policy focused on people and their rights, ensuring safe and legal pathways to prevent deaths at sea.” The implementation phase of the Pact, set for the next two years, could shape the future of Spain’s migration policy and avoid major setbacks in human rights.
For this reason, we urged the President to commit to not extending the 72-hour constitutional limit on preventive detention and to prioritize non-custodial measures. We also called for the guarantee of free legal assistance at all stages of the procedure, individualized analysis of applications, adequate healthcare, the right to an interpreter, information, and to be heard. In addition, applications should follow the regular procedure when special needs or vulnerabilities are identified in border processes.
Moreover, we stressed the importance of a prepared, well-structured system to handle emergencies adequately and to avoid exceptions and derogations from asylum rules, as outlined in the Crisis and Force Majeure Regulation, which could hinder access to protection for asylum seekers and refugees. Finally, we demanded the implementation of a human rights monitoring mechanism involving civil society.
To make this effective, we called for Spain to adopt a rights-focused approach with the highest human rights standards in the drafting of the National Implementation Plan, which must be submitted to the European Commission in December, and to involve civil society through regular consultations, as established by the European Commission’s Common Implementation Plan.
Lastly, we emphasized that the implementation of the Pact should be an opportunity to improve the situation of unaccompanied migrant children and to urgently address the situation of thousands of migrants living in Spain without rights, due to their irregular administrative status.
SIGNATORY ORGANIZATIONS
Comisión Española de Ayuda al Refugiado (CEAR), Accem, Alianza por la Solidaridad / ActionAid, Alboan, Amnistía Internacional, Andalucía Acoge, Asociación Rumiñahui, La Coordinadora de Organizaciones para el Desarrollo, CONVIVE Fundación Cepaim, Cruz Roja Española, Fundación Entreculturas, Iridia, Médicos del Mundo, Médicos Sin Fronteras, Movimiento por la Paz -MPDL-, Instituto Novact de Noviolencia, Oxfam Intermón, Red Acoge, Salud por Derecho, Servicio Jesuita a Migrantes-SJM
