This Monday, the Government of the Canary Islands approved the communication in which it proposes legislative changes for the mandatory referral of unaccompanied migrant minors between communities. The spokesman for the Executive, Alfonso Cabello, has insisted that if the amnesty is “good, necessary and urgent, how could it not be to attend to the 5,600 minors«arrived at the archipelago.
The communication has been approved at the meeting of the Government Council and will be sent this Monday to the Parliament of the Canary Islands which, depending on the calendar agreed upon by the institution’s Board, will be included for debate this month, foreseeably in the plenary session of February 27 and 28before the debate on the status of nationality.
The Canarian Executive has clarified that the proposal is based on several avenues of legislative changes prepared by the Legal Services of the autonomous community, but has been enriched with the contributions made by the parliamentary groups. All, except Voxhave participated in the process opened by the Government in the search for a common front in defense of a solidarity-based and mandatory distribution of unaccompanied migrant minors, as outlined by the Government itself in a note.
The passage of the Communication to the regional Chamber, however, allows its debate, so that the parliamentary groups can carry out new contributions before its plenary vote.
In this regard, the spokesperson has been convinced that there will be an “almost unanimous” agreement in Parliament “in defense of the Canary Islands solution.” In his opinion, this consensus “will give more strength to the Canary Islands” to achieve the support of the State and the Cortes Generales to the legislative modifications necessary to distribute unaccompanied migrant minors “in a solidarity and binding manner” throughout Spanish territory.
This is “the road map” marked from the first moment by the regional Executive, a “Canarian solution”, as defined in a press conference by spokesperson Alfonso Cabello, who pointed out that the modification of article 172 of the Civil Code for this objective by means of the decree law, just as the Spanish Government has done “on 138 occasions” previously.
In parallel, the Canary Islands Government will inform the State of the agreement adopted by Parliament, as explained by the spokesperson after highlighting that the Minister of Youth and Children, Sira Rego, has committed to “give a response to the Canary Islands solution before 31 of March”.
The main objective of the Communication from the Government to the Parliament of the Canary Islands on unaccompanied non-EU minors is «safeguard and promote the rights of minors“, regardless of their nationality or immigration status” on the basis of the System for the Protection of Children and Adolescents recognized at the international and national level.
In this sense, the proposal of the regional Executive considers it urgent to “establish a coherent and effective legal framework that ensures that unaccompanied migrant minors are treated in accordance with their rights, ensuring their access to protection and appropriate care». For the Government of the Canary Islands, the current number of minors “makes it impossible” to fulfill these guardianship obligations, among them, “social integration.”
The text that Parliament will now debate contemplates several ways to modify the current regulatory framework through which the distribution of unaccompanied migrant minors throughout Spanish territory can be guaranteed.
However, the spokesperson has highlighted the preference of the Government of the Canary Islands for a change in article 172.1 of the Civil Code and the Framework Protocol, since it can be addressed through a decree law approved by the Council of Ministers that should then be endorsed by the Cortes. Generals. “It’s the quickest solution”Cabello stressed.
As alternatives, the Communication submitted to the Regional Chamber provides other “more burdensome, complex and slow” legislative changes as they are modifications of organic laws, whose approval requires being processed and endorsed by an absolute majority in Congress and the Senate. Specifically, modifications would be necessary to the Immigration Law, the Legal Protection of Minors Law and the Immigration Decree.
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