Tech & Rights

From School Segregation to Abuse at the Borders, Spain Fails to Fight Discrimination

The UN committee against racial discrimination finds many shortcomings in Spain's effort to fight racism and discrimination. Here are some of the main issues.

by Rights International Spain
(REUTERS/Susana Vera)
The UN Committee for the Elimination of Racial Discrimination just published its concluding observations, criticizing deficiencies in the struggle against racism in Spain.

The UN Committee for the Elimination of Racial Discrimination (CERD), charged with making sure that the International Convention on the Elimination of all Forms of Racial Discrimination is respected and correctly applied, published last Friday its concluding observations on Spain, after reviewing this country on April 26 and 27 in Geneva.

To a great extent the committee’s report echoes the shadow report submitted by the organization Rights International Spain, and highlights important deficiencies in the struggle against racial discrimination in Spain. Below we take note of some of the main questions addressed by the CERD.

Inadequate framework for combating discrimination

The CERD laments that the proposed Equality and Non-Discrimination Law has still not been passed, though it was submitted to Congress for approval by the Rodríguez Zapatero government in 2011. This proposed law was hailed by the committee in its previous review of the Spanish state, and, if passed, it would resolve some of the greatest deficiencies in terms of combating discrimination.

The CERD therefore urges Spain "to adopt this bill in the most expedited manner possible." It also encourages the state to approve the Second Plan for Human Rights, and, given that the Council for the Elimination of Racial Discrimination is not an independent body and lacks its own resources, the CERD also recommends that this entity be reformed in light of relevant international standards.

The government doesn't collect data necessary for combating racism

Once again, the committee notes that the government does not collect data necessary to design effective policies against racial discrimination, such as census information on the ethnic composition of the Spanish population, registered racist incidents or court cases, including information on sentencing and the reparations provided to victims.

Ethnic profiling by police

The CERD again expresses its concern for the use of racial and ethnic profiles in stops and searches conducted by the police. In this regard it highlights that, while the new Citizen Security Act requires that police agents respect the principles of proportionality, equal treatment and non-discrimination, these practices have continued since the act came into effect. The committee urges Spain to "take the necessary measures to put a definitive end" to these discriminatory police practices.

Summary returns from Ceuta and Melilla

The committee, like many other European and international human rights organizations, “expresses its grave concern for the practice of summary returns carried out by the Spanish authorities" and notes that "the Citizen Security Act (Ley Orgánica 4/2015) allows for ‘returns at the border,’ without requiring a previous study of the risks which return might entail, and impeding access to asylum procedures."

The committee therefore encourages Spain to revise the amendment that "legalized" these summary returns from Ceuta and Melilla, in order to guarantee "access to asylum procedures for all those seeking international protection [...] including an individualized evaluation of each case, as well as assurance of protection against return and the creation of an independent body to revise and halt negative decisions."

The “El Tarajal” case

As the Committee on Human Rights and the Committee against Torture did last year in their reviews of Spain, this Committee calls upon the Spanish state to “investigate immediately, efficiently, completely and transparently the allegations of use of excessive force by security forces, specifically with regard to incidents which have taken place during expulsion operations." It refers explicitly to the events at El Tarajal.

The committee moreover urges that the state "sanction those responsible and provide reparations to the victims." This recommendation may already be considered unfulfilled, as the investigation into the El Tarajal Case has been permanently suspended. If that were not enough, the Ministry of the Interior has honored the agents who appeared in images abusing a migrant before returning him to Morocco after this case too was suspended due to the impossibility of identifying the victim and taking his testimony.

Preventative internment in the CIEs

Regarding the Centers for the Internment of Foreigners (CIE), in which migrants who are subject to expulsion procedures are enclosed, the committee requests that Spain avoid applying this measure which deprives persons of their liberty, and that it consider "possible alternative measures."

The CERD also expresses concern for the violations of human rights committed inside these centers, urging the state to "guarantee that reports of torture or abuses be investigated independently, rapidly and completely, and that those responsible be adequately sanctioned."

Segregation in the school system

Finally, the CERD expresses its concern for the existence, in many of Spain’s autonomous regions, "of ‘ghetto’ schools, which concentrate a high number of migrant or Roma children." It appeals to the state to adopt "effective educational policies that guarantee an equitable distribution of students in order to put an end to ‘ghetto’ schools."


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