On April 28, 2017 Human Rights Watch reported:
(Milan) – Lesbian, gay, bisexual, and transgender (LGBT) asylum seekers in Spain’s North African enclave, Ceuta, are exposed to harassment and abuse, Human Rights Watch said today. Spanish authorities should transfer them to mainland Spain without delay and halt its de facto policy of blocking most asylum seeker transfers to the mainland.
Antonio Sempere“LGBT asylum seekers who fled homophobic harassment and intimidation at home face similar abuse in Ceuta, both at the immigration center and on the street,” said Judith Sunderland, associate Europe and Central Asia director at Human Rights Watch. “Spain should transfer them to reception centers on the mainland, where they can get the services and support they are entitled to.
”All migrants who enter Ceuta irregularly are housed in the Temporary Stay Center for Immigrants (Centro de Estancia Temporal de Inmigrantes, CETI), under the authority of the Employment and Social Security Ministry. The facility, designed for short-term stays and with a capacity of 512 people, is often overcrowded. Despite staff efforts, asylum seekers cannot get the care and services there to which they have the right under Spanish law.
When Human Rights Watch visited on March 28 and 29, 2017, the center held 943 residents, many living in large tents set up on what should be a basketball court inside the compound, with others sleeping in rooms that should be used for classes or group activities. While the center is open, and migrants may come and go, they are not allowed to leave Ceuta, an enclave of only 18.5 square kilometers.
According to center staff, currently 70 to 80 asylum seekers are in the Ceuta center, of whom at least 10 have filed for asylum on the grounds of discrimination based on their sexual orientation or gender identity.
Human Rights Watch spoke with three gay men housed at the center, two from Morocco and one from Algeria, all of whom had filed for asylum on the grounds of persecution due to their sexual orientation. They described extreme abuse, including physical violence, by family members, repeated and widespread societal rejection, and physical attacks on the streets in their countries of origin. One Moroccan man said he had been jailed in part due to his sexual orientation. Both Morocco and Algeria criminalize consensual same-sex sexual activity, punishable by up to three years in prison and fines.All three spoke of difficulties in the center and in Ceuta due to their sexual orientation.“Ahmed” (a pseudonym), a 29-year-old Moroccan, said he fled his country because he suffered threats from both his family and the police but that he is experiencing the same kind of treatment at the hands of other people staying in the CETI. “They [other CETI residents] tell me if they see me outside [the center] they’ll beat me,” he said. “They come after me, and I run. One time, in November or December, they hit me.
”LGBT asylum seekers are trapped in Ceuta by what Human Rights Watch believes to be a policy designed to deter asylum applications from all asylum seekers, except for Syrians, who manage to reach the enclave. Migrants who do not apply for asylum are given expulsion orders and transferred to mainland Spain at a target rate of 80 per week where they are placed either in detention centers pending deportation or in shelters operated by nongovernmental groups. Asylum seekers, however, are generally not permitted to transfer.
“Denying asylum seekers their freedom of movement to deter applications would not only be cruel and misguided, but also a misuse of power,” Sunderland said. “Yet, the evidence suggests that the authorities impose a terrible choice on people in need of protection, requiring them to declare their need and face months or years in limbo in Ceuta, or to take their chances and apply for asylum only after they’ve been transferred to the mainland with an expulsion order in hand.
”While some migrants may stay at the center in Ceuta four or five months, those who apply for asylum normally stay much longer, sometimes throughout the entire procedure for assessing their application for protection, a process that can last well over a year. Police in Ceuta carry out border checks and block asylum seekers who try to leave the enclave for mainland Spain.In 2010, the Spanish Interior Ministry said that the asylum seekers in the enclaves receive documents allowing them to live both in Ceuta and in the other North Africa Spanish enclave, Melilla. However, the ministry said that these documents do not in any circumstances entitle them to travel to the Spanish mainland. Although Spanish authorities do regularly transfer Syrian asylum seekers from the enclaves, the ministry does not appe