Refugee protection and international migration: a review of UNHCR's role in the Canary Islands, Spain

As one of the entry points to the European Union, the Canary Islands have received
large numbers of irregular maritime migrants in recent years, more than 30,000 in
2006 alone. As a result of increased enforcement efforts off the coast of West Africa, a
significantly lower number of people, some 8,300, arrived in 2008. In addition to
reducing the number of migrants entering the Canary Islands, Spain has also been
able to return a large number of them as a result of the many readmission
agreements which it has concluded with their countries of origin.

Concerned by the fact that some of the new arrivals may have protection needs,
UNHCR Spain has undertaken a number of activities to assure that they have access
to asylum procedures. Such activities are fully consistent with the global policy
framework developed by UNHCR and addressed in both the 2002 Agenda for
Protection and the more recent 10-Point Plan of Action on Refugee Protection and
Mixed Migration.

UNHCR does not play an operational role in the Canary Islands, and indeed has no
permanent presence there. The Branch Office in Madrid monitors the situation
closely, however, and advocates for improved access to asylum procedures and the
humane treatment of those people arriving by boat.

The review found that UNHCR Spain has been effective in influencing the way that
the authorities respond to irregular maritime migration in the Canary Islands. As a
result of its monitoring and advocacy activities, the Branch Office has also made
progress in addressing protection gaps. It has, for example, been successful in
assuring that all those who are held in detention centres receive written information
regarding their right to seek asylum. It has also succeeded in facilitating access to
these centres by lawyers from the Spanish Commission for Refugee Assistance
(CEAR). The capacity of the Branch Office, however, has not been commensurate
with the challenges posed by the situation in the Canary Islands.

In its response to that situation, UNHCR Spain has developed strong relations with
both the central government authorities in Madrid and the local administration in the
Canary Islands. With few exceptions, the Branch Office has also established a firm
working relationship with relevant NGOs. While UNHCR Spain cooperates
effectively with relevant entities at UNHCR Headquarters, coordination between the
three regional bureaux with an interest in the Canary Islands - Africa, Europe and
MENA - could be strengthened.

Despite the undoubted progress that has been made in addressing mixed migrations
to the Canary Islands, several protection challenges remain to be addressed,
especially the following:

• While all new arrivals receive information on their right to seek asylum, many do
not adequately understand the information they receive and as a result do not
exercise their rights.
• There are continued concerns with respect to the accuracy of the procedures used
to determine the nationality of new arrivals.
• Access to the detention centres by CEAR lawyers is limited and as a result they
do not make contact with all potential asylum seekers.
• Unaccompanied minors in the Canary Islands are not adequately advised of their
right to seek asylum, nor are there adequate procedures in place to identify
asylum seekers among this population.