Following her visit to Spain from 21 to 25 November 2022, Council of Europe’s Commissioner for Human Rights Dunja Mijatović said that more needs to be done to ensure access to rights for the most vulnerable and to protect the rights of refugees, asylum seekers and migrants.
She welcomed the measures adopted for the protection and reception of people fleeing the war in Ukraine as well as the improved reception conditions in the Canary Islands. However, access to rights and protection varies significantly throughout the country and remains very challenging for many refugees and asylum seekers. Issues include long waiting periods to access the asylum procedure, delays in the identification of special vulnerabilities and obstacles in accessing social rights, including housing and health.
Based on her findings from her discussions in Madrid and in Melilla, the Commissioner concluded that there is no genuine and effective access to asylum at the border between Nador, in Morocco, and Melilla.
As regards the tragic events in the context of the attempted crossings of the fence between Nador and Melilla on 24 June 2022, where at least 23 people died and many were injured, the Commissioner welcomed the opening of investigations by the Prosecutor General and the Spanish Ombudsman, stressing the importance of full and effective accountability of those responsible for any human rights violations that would be brought to light by these investigations.
In her letter to the Prime Minister and the Deputy Prime Minister for Public Order and Security and Minister of Interior of Bulgaria, dated 13 December 2022, the Commissioner expressed concern about recent media reports regarding pushbacks at Bulgaria’s land borders. She requested information on the investigations launched by the Bulgarian authorities into allegations of unlawful detention and ill-treatment of refugees, asylum seekers and migrants, and of situations which have led to the death or injury of some of those trying to cross the border into Bulgaria.
On 21 December, the CommHR published a letter she addressed to the Belgium’s State Secretary for Asylum and Migration, Nicole De Moor, expressing her concerns about the current situation of individuals seeking international protection in Belgium.
A lack of available accommodation in reception facilities and reported delays with the registration and processing of asylum applications have serious consequences for the human rights of asylum seekers, including their right to health and their access to shelter and other basic needs.
While welcoming the government’s decision to open additional reception centres and to increase human resources, the Commissioner observed that these measures were not sufficient to address the complexity and magnitude of the existing needs. She therefore enquired about the steps that the authorities envisage taking to ensure the provision of accommodation and material assistance to asylum seekers and to address the structural shortcomings in the asylum system in Belgium.