A/HRC/23/56/Add.2
contravention with the Convention relating to the Status of Refugees, while duly
cooperating with the UNHCR and implementing its recommendations.
77.
The Special Rapporteur recommends the improvement of accommodation
conditions in the temporary reception centres (CETIs) in Ceuta and Melilla. In this
regard, he urges the Government to address the serious problem of the overcrowding
in CETIs. He also recommends the provision of more regular and quality legal
assistance within the CETIs.
78.
The Special Rapporteur regrets the differing approach to asylum in the
Spanish mainland and in Ceuta and Melilla, which undermines international
protection in the autonomous cities. He urges the Government to provide the same
reception conditions to asylum seekers in Ceuta and Melilla as to those who are the
mainland. He also urges Spain to put an end to discrimination in the implementation
of the administrative measures implemented in Ceuta and Melilla, including with
regard to the freedom of movement from the autonomous cities to the mainland of
asylum seekers whose applications have been declared admissible, and their eligibility
for the humanitarian transfer.
79.
The Special Rapporteur urges the Government to shorten the delays in
processing asylum requests and ensure that the six-month time frame established by
law is duly respected by the relevant authorities. He also recommends that the right of
asylum seekers to free legal aid be preserved and not restricted by budget cuts. More
efforts in training on human rights and asylum procedures for law enforcement
agents should be provided. He recommends close cooperation with the UNHCR in this
regard.
80.
The Special Rapporteur recommends that the Government ensure proper
identification of the protection needs in CIEs on the mainland, including effective
access to the asylum procedure, implemented in conformity with international human
rights standards.
81.
The Special Rapporteur recommends the adoption of a gender perspective in
the treatment of asylum requests filed by women and the implementation of genderbased measures such as providing same-sex interviewers and interpreters. The Special
Rapporteur also recommends the facilitation of access to asylum procedures for
women victims or potential victims of trafficking in line with UNHCR Guideline on
International Protection No. 7 on the application of Article 1A(2) of the 1951
Convention and/or 1967 Protocol relating to the Status of Refugees to victims of
trafficking and persons at risk of being trafficked.
82.
The Special Rapporteur urges the Government to address the situation of
stateless persons in Spain in conformity with its international human rights
obligations. He recommends in particular accelerating the procedure for determining
statelessness and ensuring that adequate resources, including human and financial,
are provided to carry out this procedure in a timely manner respectful of human
rights.
On unaccompanied minors
83.
The Special Rapporteur recommends that all the necessary guarantees be
provided during the age determination procedures for undocumented minors,
including proper information and consent of the child; free and adequate legal
assistance and interpretation services at the relevant stages of the procedure; and
accurate medical reports in the tests used to determine the age of the child. He also
urges the Government to address the situation of unaccompanied children who reach
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