A/HRC/17/33/Add.2
the child upon return”.27 These deadlines may also increase the risk that information will be
shared with the relevant authorities before an assessment is made as to whether a child or
his or her family are subject to persecution and thus have a claim for protection under the
Convention relating to the Status of Refugees (1951).28
77.
In 2006 the irregular migration affecting the southern external maritime borders of
the European Union became an issue of increasing concern to all European Union member
States. In particular the Canary Islands had, in the spring of that year, become the prime
destination point for irregular migrants leaving from Mauritania and Senegal, whereas the
previous years the flows of irregular migrants had originated from the coast of Morocco.
This new route to the Canary Islands had become more utilized by the smuggling networks,
possibly as a result of strengthened efforts by the Government of Spain to curb irregular
crossing at other border points.
78.
As a result, the joint operation HERA I was conducted in the Canary Islands from 19
July to 31 October 2006, aimed at (a) increasing the capacity of border checks and the
identification of persons attempting to enter the Schengen area in an irregular manner and
(b) repatriating undocumented migrants. HERA II was conducted in parallel, also in the
Canary Islands, from 11 August to 15 December 2006 and was aimed at increasing the
surveillance of the Atlantic maritime borders of the European Union and preventing the loss
of lives by controlling the vessels departing from Mauritania, Senegal and Cape Verde and
contiguous zones.
79.
It was reported that 18,987 irregular migrants arrived to the Canary Islands during
HERA I; all were reportedly identified and 6,076 of them - from the Gambia, Guinea, Mali,
Morocco, Senegal and other countries - were repatriated by the Spanish authorities. It was
also reported that during HERA II a total of 14,572 irregular migrants arrived to the Canary
Islands in 246 cayucos or pateras (pirogues) whereas 3,887 migrants in 57 cayucos or
pateras were sent back to their points of departure on the African coast. According to
Frontex, information collected during these operations led to the detention of several
facilitators, mainly in Senegal.29
80.
During his visit, the Special Rapporteur observed that the Governments of both
Senegal and Spain were marking a major achievement - no deaths of Senegalese migrants
had been reported during the first six months of 2009. This was a particularly significant
accomplishment, considering that the numerous deaths of migrants had been a constant
feature in the national and international media for several years. Bilateral cooperation
between the two Governments, including cooperation in patrolling Senegalese territorial
waters, seems to have significantly contributed to this success and more generally to the
decrease in the number of irregular arrivals to the Canary Islands. The comprehensive
approach of this cooperation seems to indicate that the decrease cannot be attributed only to
stricter border control and sea patrolling, but also to the simultaneous provision of (a)
regular avenues for migration to meet demand of domestic labour markets and (b)
development cooperation in the country of origin. In addition the global economic recession
of the past two years has led to an increase in unemployment rates in many destination
countries where economic sectors traditionally employing migrants have experienced a
significant reduction in labour demand.
81.
In relation to returned migrants, the Special Rapporteur would like to recognize the
success of Senegal’s Programme to Support Solidarity for Development Initiatives
27
28
29
18
Human Rights Watch, “Returns at any cost: Spain’s push to repatriate unaccompanied children in the
absence of safeguards” (October 2008), pp. 5-6.
Ibid.
Frontex, “HERA I 2006 and HERA II 2006”, Frontex Evaluation Report (FER), public excerpt.