Max-Planck-Institut fĂŒr demografische Forschung
Max Planck Institute for Demographic Research
Konrad-Zuse-Strasse 1 · D-18057 Rostock · GERMANY
Tel +49 (0) 3 81 20 81 - 0; Fax +49 (0) 3 81 20 81 - 202;
http://www.demogr.mpg.de
This working paper has been approved for release by: Gerda Ruth Neyer (neyer@demogr.mpg.de)
Deputy Head of the Laboratory of Contemporary European Fertility and Family Dynamics.
© Copyright is held by the authors.
Working papers of the Max Planck Institute for Demographic Research receive only limited review.
Views or opinions expressed in working papers are attributable to the authors and do not necessarily
reflect those of the Institute.
Social construction of neglect:
the case of unaccompanied minors
from Morocco to Spain
MPIDR WORKING PAPER WP 2007-007
FEBRUARY 2007
NĂșria Empez Vidal (empez@demogr.mpg.de)
1
Social Construction of Neglect:
The Case of Unaccompanied Minors from Morocco to Spain
NĂșria Empez Vidal
PhD Student, Max Planck Institute for Demographic Research
February 2007
âIf they opened the border between Tangier and Spain for just four hours, only the cripples would remainâ
(R., young
worker in a British manufacturing company in Tangier).
Introduction
One of the most riveting sets of images in the international press in the last decade has been the
arrival of young North African boys who cross the Straits of Gibraltar trying to reach the shores of
southern Spain. Most have been Moroccans, coming by hiding under trucks or buses on ferries from
Tangier, in northern Morocco, or in overloaded
âpateras,â
small, precarious speed boats run by
professional smugglers. The Spanish press has sometimes portrayed such boys sympathetically. Most
of the media, however, has pointed to the economic burden that Spain takes on, mixed with a sense of
panic. Here are some recent examples:
âThe arrival of Moroccan minors without family overwhelms the Generalitat (Catalan Government)â.
(La Vanguardia
04/07/2005)
âMorocco continues to pour minors into Melillaâ.
(Paz Dijital 26/06/2006)
2
âMadrid takes the burden for the overflow from the migratory situation in Spainâ.
(Diario Exterior 8/07/2006)
These boys have frequently been met by rejection if not violence by Spanish authorities. Most are sent
back immediately, never making it beyond the port in Spain. Those few who make it past the port
must enter the Spanish child protection system in order to stay; once in Spain, some of them face
institutional mistreatment under the Spanish child protection system. Not surprisingly, many of them
turn instead to petty crime to subsist or to drugs, ending up in the street or in jail. Those who are sent
back to Morocco face the possibility of both police violence when they arrive and of rejection by their
families for having failed to stay in Spain.
Seeing these boys appearing under such dire circumstances, the world press reacted in shock and
disbelief: How could this happen in a civil European society in this day and age? Since the time when
these boys first began appearing in the 1990s, their plight has commanded international attention from
policy makers and humanitarian rights groups as well as scholars
1
and journalists. Children are not
only legal minors, but by any measure of international law, they are the most vulnerable of persons. In
the present case, they are also unaccompanied. International humanitarian conventions view children
lacking the care and supervision of an adult as âneglected,â a status that, irrespective of their
nationality or circumstances, should accord them immediate protection in whatever state they arrive.
Concern for the welfare of children, particularly neglected ones, is one of the strongest values in
contemporary Europe as well as in UN and humanitarian law. No other group draws as much worry.
Why, then, do Moroccan boys arrive like this, and why do so many of them end up in such perilous
circumstances, either in Spain or back in Morocco?
Hidden from the sensational headlines have been two things: the pressures back home that have
moved these boys to come, and reports of how they have fared in Spain. At the center of the
dilemma is the notion of âneglect.â Different factors could precipitate situations of what appears to
be child neglect: one in which childrenâs basic physical and emotional needs are disregarded, and the
other in which a childâs future prospects for success are not encouraged or invested in. In either case,
neglect may be applied to all siblings; in other cases, specific children may become the targets of
1
Most of the literature and findings on unaccompanied minors â Capdevila (2003), Con Red (2005), Empez
(2005), Jimenez (2004), UNICEF (2005)
â is about boys, though there also exist social networks for girls who
come to be fostered by families in Europe and who quickly become invisible subjects in the unaccompanied
minors migratory phenomenon.
3
exclusion and hence of neglect (e.g., Scheper-Hughes, 1987)
.
In the latter cases,
families may try to
invest their efforts in one child they think may have the best probability of success, leaving the others
aside. In the case of unaccompanied Moroccan minors seeking to go to Spain, many families appear
to make the opposite decision: they appear to neglect the child they think that will have more
opportunities to succeed in migration. If a boy feels himself excluded from the family investments,
this may in fact encourage him to go to Spain: to select himself into a pathway of migration. In such
cases, the conditions the boy encounters in leaving may leave him in far greater situations of hardship
than he endured at home.
In this paper, I see the category of neglect as the central concept in several complex social
transactions. It is relative, in that it acquires meaning in a particular social context and also in that one
situation of neglect may be worse than another Not only that, but neglect may be intentionally
cultivated for strategic reasons, as in cases in which being neglected is a criterion for being allowed to
stay. Finally, a child who appears to be neglected may in fact be the child on whom the highest family
hopes rest. In the present case, the boy who is attempting to migrate alone may be the one chosen by
his family to go because they see him as the best hope for them all to advance. In the future the
migrant boy who is able to become what international observers would classify as âneglectedâ may be
the one who will support the rest of his family. Independently from who decides to migrate or how
they decide to do so,
many neglected minors in Spain are the âpromised children" in their families.
Whereas birth initiates the process of producing a family member, the fact that reproduction is a social
process (Marx, 1967; Bourdieu and Passeron, 1990; Ginsburg and Rapp, 1991) means that biology
simply marks the start of a childâs social life trajectory (Bledsoe, 1990). In Morocco, children are
geographically mobile for many reasons: schooling, trade apprenticeship, marriage, or simply by going
to live with relatives who have access to âeliteâ culture. All are seen as strategies for socially
reproducing a child who will be useful to a family. It is also, however, a potential case of social
reproduction in jeopardy.
The pattern of sending Moroccan children away from their parents to live elsewhere for training or
schooling, or simply to live with other family members, is nothing new. While migration close to
home has long been a way of promoting children and transnational migration has in some ways simply
become an extension of these former practices, North African children have been coming to Spain for
decades. Thousands have come under family reunification programs, educational programs, and
4
work. What is new, only within the 1990âs, is the rise of those who migrate alone: âunaccompanied
minors,â as they have come to be called, without any relative or responsible adult. These children
migrate to a different continent, far away from close family assistance.
Since the period of lone child migration began, it has become clear to the Spanish social services
dealing with immigrants that Spanish laws governing immigration themselves have begun to affect
both the types of children coming and how they come. Because pathways governing legal entry into
Spain are closing so rapidly, individuals have a far greater chance of being allowed to stay if they are
judged to be both children and neglected. Hence, the remaining opportunities for Moroccans to get a
legal foothold in Spain are narrowing to children who have a chance, small as it may be, of both
making the trip and, once they arrive, of fitting into the protection system as âneglected minors.â As
this possible avenue into Spain has become known in Morocco, even if the legal technicalities are
vague to them, middle class as well as poor families have been defining new strategies for children
migrating to Europe. Paradoxically, therefore, the possibility opened up precisely by the conventions
that seek to protect children are having an unintended but quite predictable consequence: increasing
instances of neglect.
Spain and Morocco may have signed human rights accords intending to promote and respect them.
How these treaties apply internally is one matter. But for the ranks of the excluded, they can have the
opposite effect. Tightening the laws on the free movement of people and making it difficult for them
to legalize their situation forces prospective immigrants to shed images of ânormalityâ so they can fit
into a category of deviation â in this case, âneglectâ -- regardless of the stigma it may entail.
The phenomenon of Moroccan children trying so hard to leave their families â to make themselves
neglected in order to fit into a category of migration acceptability -- points to very wide problems of
inequality and underdevelopment in the face of expanding global economies (e.g., Wolf, 1982) and
their impact on North-South relations. On the one hand, the âinclusionâ side of EU policy creates
conditions of belonging that certain people can meet, usually those of wealth or of EU citizenship.
The same efforts to include, however, also produce exclusion. Tightening their geographical and legal
boundaries, EU countries seek to create ever-wider buffer zones between Europe and its peripheries.
While making internal movements easier, as the creation of the
Shengen
space (signed by Spain in 1991)
sought to do, with ideals of democracy, human rights, child protection, etc., and expanding its borders
to the east, Europe has simultaneously been creating what has been called âfortress Europe,â
5
especially vis a vis the South. To avoid having to extend massing amounts of humanitarian aid to
needy people, Europe tries to keep them from entering Shengen space. The fact that just 14
kilometers divide Morocco from Spain makes this case a special one to observe, both for the impact
of the EU on Morocco, and for the efforts by Moroccan people to find ways to gain entry to the EU.
At present, the most rigid EU border creation mechanisms are arising in Africa, the sources of tens of
thousands of migrants and many more would-be migrants. Morocco in particular is receiving EU
money to control what Spain calls its âFrontera Surâ (southern frontier). The result has been the
deaths of dozens of Africans in the fences dividing Morocco from the Spanish enclaves of Ceuta and
Melilla. While recent efforts to stop immigrants from Morocco have had some success, the main result
has been to alter the routes that immigrants target. EU-driven physical and administrative barriers
expanding across Morocco have forced many would-be immigrants to try to come from Mauritania,
Senegal, and The Gambia by ever-more distant and dangerous routes.
Confronting instances of what has come to be called âirregularâ migration, authors such as Delgado
(1998), De Genova (2005), and Calavita (2005) show that immigrant âillegalityâ is the product of
policies of exclusion and increasingly restrictive immigration laws. In a similar manner, this paper will
argue that global inequalities create the conditions that give rise to unaccompanied Moroccan children
who arrive in Spain: Spain creates categories of marginality and deviance and fills them with people.
As it will further show, however, this same possibility of being labeled deviant can be advantageous.
This possibility opens up at the juncture of two sets of policies: childhood international humanitarian
laws, for which the countryâs âComunidades Autonomasâ or regions have been given administrative
responsibility, and the Spanish âforeigner law,â under federal jurisdiction. In the case of
unaccompanied children from Morocco, this disjuncture between Spanish policies â labeling
Moroccan children as neglected children who need protection, on the one hand, and, on the other, as
irregular immigrants
â creates perverse motives on both sides: to create neglected Moroccan children,
on the part of families, and, on the part of migration authorities, to imply that the families who
produce these children are deviant.
With the rising restrictions on movement to partake of the resources available in Europe and
opportunities for gaining amnesty in an âextraordinary regularization processâ diminishing, a shrinking
set of possibilities remains open. Among them is being an unaccompanied minor. After World War
II the world was concerned about so many people left as refugees and especially about so many
6
children who lost their families during the war. As a result, on December 10, 1948 the General
Assembly of the United Nations adopted and proclaimed
the Universal Declaration of Human
Rights. Member states
pledged themselves to promote universal respect for and observance of human
rights and fundamental freedoms. The General Assembly proclaimed this Universal Declaration of
Human Rights (1948) as a âcommon goal for all nations that they should strive to promote respect for
these rights and freedoms and take measures to secure their recognition and observance, both among
the member states and among the peoples of territories under their jurisdictionâ. Article 25 of the
declaration gives especial attention to the child: "Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social
protection."
2
This paper will describe the social construction of âneglectâ in the case of the unaccompanied minors
coming from Morocco and analyze some of its effects, especially in creating neglect. Most notably, it
will explain how some boys intentionally put themselves in situations of neglect to try to become
wards of the State and to obtain a legal residence permit. This paper will highlight the perverse and
paradox effects of this phenomenon, starting with the Stateâs intention of protecting the children but
ending with many children in situations of neglect. Focusing on the Autonomic Community of
Catalonia in Spain which, along with Andalucia and Madrid, is where most unaccompanied Moroccan
minors have come, I present some data on numbers, places of origin, motivations, and methods of
migration of the children. To understand how becoming neglected has become an opportunity to gain
legal status, I also describe the history of relations between Spain and Morocco and the emergence of
different Spanish laws on immigration and on child protection. I finish by illustrating with some cases
how some of these children end up in situations of neglect, and offer some preliminary conclusions.
Background of the present study
My previous work examined the lives of unaccompanied minors in Catalonia, Spain, where many
Moroccan children come (Empez: 2003). This work was based on my experiences in my job as a
social worker in Catalonia specializing in immigrant cases and in dealing with Spanish policies on the
handling of unaccompanied children who migrate to Spain. I began participant observation in
2
http://www.un.org/Overview/rights.html
7
Barcelona in 2001. My master thesis (Empez: 2003)
on unaccompanied minors included four years of
fieldwork, in Barcelona, including visits to Tangier, Morocco, with some of the families of children I
met in Spain. My most recent fieldwork, in Morocco, was on family migration dynamics, funded by
the Max Planck Institute for Demographic Research and forming part of my PhD dissertation for the
Universitat Autonoma de Barcelona. During fieldwork in Tangier, from April to October 2006, I
studied socialization practices and reproductive strategies among families who send child migrants to
Spain, and the process of decision making in child migration. The findings then took me back to
Catalonia, where I interviewed professionals in the minorsâ protection system dealing with
unaccompanied minors.
During the fieldwork in Morocco, I relied most heavily on qualitative methods: participant
observation, open-ended interviews, discussion groups, informal conversation, analyses of media, and
so on. I had contact with many boys who were trying to cross to Spain from the port: those in the
street, those from rural areas, those in temporary street situations, and the ones coming from the city
of Tangier. My subjects included people from Tangier and rural people from the district of Beni
Mellal; families of children (and children themselves) who were returned as âminorsâ in family
reunification by Spain; adults who wanted to migrate; families with children in Spain; ex-
unaccompanied minors who were repatriated from Spain as adults; families with adult members living
in Europe; young workers; students; older women; people living or working in the port; school
teachers; NGO (non-governmental organization) workers; and members of Moroccan authorities. The
research included as well secondary analyses of survey data (CERED,
3
the Spanish Municipal Register,
the Spanish Census of 2001,
4
etc.).
The numbers of unaccompanied minors
The Spanish mass media often describes unaccompanied Moroccan children as if they were coming in
massive numbers, overflowing the Spanish welfare system. It is difficult to know how many
unaccompanied migrant children arrive because the official numbers are not clear, and not all of them
end up in the protection system, where they are officially counted. Estimates from 2005 from
3
Centre dâEdtudes et de Recherces Demographiques; http://www.cered.hcp.ma/
4
http://www.ine.es/
8
ConRed
5
show 30,000 unaccompanied minors throughout 17 countries of Europe: an estimated 1000
to 2000 new minors per year in Spain, with an average age of 14-15 years. The real numbers, however,
are probably much smaller, at least in Spain. The Catalan Child Welfare System does not have clear
data. Sometimes the numbers are reported at different points in time, and data from different offices
in the same system can be different. In some cases, confusion has arisen because of the mobility of
the children from one Autonomic Community to another. Sometimes they even come from other
European countries. Many give different names in different places. The result is that some Moroccan
children are counted more than once while others are invisible in the numbers because they are in the
streets or are in fostering or domestic service situations with Moroccan families, and are not reported.
Having stated the limitations, I nonetheless show the numbers for Catalonia from the DirecciĂł
General dâatenciĂł a la infĂ ncia i lâadolescĂšncia
6
(DGAIA), published by Capdevila (2003), for the years
1998 through 2001. Data from 2002 and 2003 were unavailable (See Figure 1). For 2004 and 2005 I
use Institut CatalĂ de lâacolliment i de lâadopciĂł of the DirecciĂł General dâatenciĂł a la infĂ ncia i
lâadolescĂšncia (2005, 2006). I use these data, because they come from official sources, but I should
add that the administrations had given different official numbers for the same year, and in fact are
disputed by some NGOâs and the
SĂndic de Greuges
(Catalan Persons Defender).
7
Figure 1
New cases of unaccompanied minors in the Catalan
protection sistem
245
248
376
591
217
443
0
100
200
300
400
500
600
700
1998
1999
2000
2001
2004
2005
Years
New
cas
es
As Figure 1 shows, the numbers of unaccompanied minors were stable for the years 1998 and 1999.
5
CONRED: a virtual community aimed at preventing violence against immigrant children and adolescents who
have no social support network. See
http://www.peretarres.org/daphneconred/estudi/index.html)
6
Catalan Government General Direction to child protection system.
7
http://www.sindic.cat/ficheros/informes/37_Situaciomenorsimmigrats.pdf
9
The large increases in 2000 and 2001 could be related to the creation of the first emergency resources
to attend these minors, and the better knowledge in Morocco about the minorsâ welfare system and
the opportunities to gain legal status. The apparent drop of new cases from 2001 to 2004 may stem
from the Catalan welfare systemâs announcements of its intentions to reunify unaccompanied children
with their families back home, prompting some of the boys to leave and try their luck in another
Autonomic Community such as Basque Country.
History of migration between Morocco and Spain
The migration of unaccompanied children from Morocco to Spain represents a statistical anomaly â a
relatively small number â though there would be many more such children if all who wanted to come
were allowed to do so. It is also a number that is decreasing, with intensified efforts by Europe to
stop the pattern. To set a context for the rise of the unaccompanied Moroccan minor phenomenon,
this section reviews the historical relations between Spain and Morocco, looking especially at laws that
have affected the migration of unaccompanied minors from Morocco to Spain.
Morocco and Spain have had a longstanding history of ambivalent relations. One of the most
significant events in history occurred during the period of Al-Andalus (VIIIth through XVth
centuries), when Arabic Muslims who had co-existed with Spanish Christians in Spanish territory
eventually were defeated by the Christians and forced to leave Spain. In 1912 Spain claimed several
places in Morocco that it designated as âSpanish protectorateâ (in Arabic,
Islam yat Isb niy bi-l-Magrib
):
some in the north of the country and some areas in the Sahara desert. The Spanish protectorate
lasted
until 1956 but there still exist echoes of these times in Northern Morocco: the use of Spanish words
mixed with Arabic; Spanish-style buildings like theaters, houses or factories; etc. In the Spanish civil
war Moroccans played an important role, supporting the dictator Francisco Franco; what became
known as
âLa guardia moraâ
8
(1936-1939) promoted fear and negative stereotypes of Moroccans, many
of which still exist.
Migration between Morocco and Spain has been a pivotal part of this shared history. What has
changed have been the characteristics of that migration. Before 1985, a visa was not required to enter
8
Moroccan Guard.
10
to Spain;
there were temporary agricultural and industrial workers coming to Spain for temporary
work, without the intention of staying long in Spain. Such migrants were largely young men. Other
Moroccans came for education or as tourists. Despite the difficulties they encountered, Moroccans
found it relatively easy to come and go from Spain.
In 1985, Spain created the first foreigners law (
La Ley de Extranjeria).
9
This highly restrictive law,
coinciding with, and as a requirement for, the entry of Spain in the EU, was created mainly for police
control over migration, punishing people in irregular administrative situations. Not reflected in this
law was the question of permanent residence permits for temporary migrants. The second foreigners
law, created in 2000 (Law 4/2000), was intended, nominally, to integrate migrants, and hence differed
in many ways from the previous law. It facilitated family reunification and the acquisition of a
permanent residence permit, and it created forms of regularization for irregular migrants. However,
the government decided that these measures were creating a âcalling effectâ: making it easy to stay
would encourage other would-be immigrants to try to come. Soon thereafter, the government
initiated a reform of the law 4/2000 that became effective in the law 8/2000. This law curtailed
considerably the political, employment and social rights of irregular immigrants, and made irregular
migration an infraction punishable by expulsion. This law also tightened family reunification
requirements, making it more difficult for migrant families to obtain a permanent permit.
Presently we have the law (
Ley Organica
) 14/2003, and its legal coding â
Real decreto 2393/2004
â, which
is even more restrictive than the previous ones. Under this law, migrants can lose their residence if
the conditions under which they obtained their permit change within the first five years, or until they
get an individual permanent residence permit. For example, if a woman who came with her husband
as part of family reunification is divorced after three years, she will lose her residence, because the
reason for which she was able to obtain the permit is no longer in effect. Another example is that if
someone with temporary residence and work permits loses his job, he can lose his papers, making him
vulnerable to exploitive work conditions to try to keep the permit. Another notable legal change was
that which appeared in the law 4/2000. Previously if a person stayed for five continuous years in
Spanish territory in an irregular administrative situation, he could apply for a residence permit for
extraordinary circumstances. Now, irregular migrants can get a permanent residence permit by
marrying a Spanish national. Another way of regularizing oneâs status is through what Spanish law
9
Ley Orgånica 7/1985, de 1 de Julio, sobre derechos y libertades de los extranjeros en España)
11
calls â
arraigo
â meaning âroot.â This consists of proof of having stayed in the county for three
continuous years, having no police record, having a job contract lasting at least one year, and being
closely related to a legal resident (parent, child, or spouse; not qualifying are siblings, cousins, or other
relatives) --
or by possessing a report expedited by the social workers of the local City Hall concluding
positively that the migrant had developed social and cultural ârootsâ in the country. In short, it has
become extremely difficult to gain legal status if one enters in an irregular way.
The current foreigners law (RD 2393/2004) contains several other provisions for legal entry and stay
in the country. Among them are family reunification, a student visa, or a job contract obtained in the
country of origin. Most Moroccans in Spain, however, are not in a situation that would allow them to
apply for any of these permits. Concerning work, for example, Spain has what it calls a â
contingente
â â
an allocation for a specified number of foreign workers who can come to Spain to work in specific
jobs which the Spanish employment market cannot cover.
10
This contingent changes every year, and
only certain companies are allowed to requisition
workers. The contingent can be nominal or general.
In the case of
General Contingent
, just some companies can apply for it. Most of this labor is designated
for agriculture, construction and âthird sector;â that is,
services. Participating companies can apply for
workers, but they cannot, in theory, choose special persons; the selection is made in the origin
countries, sometimes by private selection companies, sometimes by the local Spanish consulates or
embassies. In the case of the
Nominal Contingent,
the employer can apply for one specific person, but
just in jobs not covered by the general contingent or applied for by any Spanish or foreigner with a
working permit in Spain. Even with these allowances, the system has been inefficient and inequitable,
forcing individuals to rely on established economic and patronage networks.
A window of legal opportunity: âneglectedâ children
In Morocco, the boys who come unaccompanied to Spain not only form part of a family â a corporate
group; they may in fact have been delegated by the family to migrate. Whether the family or the boy
makes the ultimate migration decision, the intent is to help the family. What is important about these
childrenâs moves is the potential impact on future vital events of families, who are anticipating the
problems and needs of all their members. Since a successful migration may affect not just the
10
Articles 77 to 80 of the current foreigners law
(
Real Decreto
2393/2004).
12
individual boysâ vital events but also is intended to affect the vital events of other family members,
Moroccan families try to fit their young members into whatever social categories will best qualify them
for legal status in Spain. The category of âneglectedâ is the most obvious choice. This is so first
because these boys are going by themselves; second, and even more important, families know that if
the Spanish authorities recognize the children as neglected minors, this status can give them legal
standing as wards of the state. Because of Spainâs legal rules on immigration and because of its
commitment to looking after unaccompanied children, Moroccan families see children as the members
who have best opportunity to succeed in such a move and hence as most likely to bring benefit to the
family, even at the cost of taking risks or of becoming seen as âdeviant.â Only by being declared
legally a neglected minor, that is, can the boy obtain the residence permit. And only through the
Spanish stateâs declaration of him as neglected by his family can a boy who is chosen to go keep good
relations with the family.
As the discussion above has implied, Spanish laws governing foreigners are making it increasingly
difficult to come to Spain legally for any migrants from poorer countries, or to gain legal status once
they arrive. Where, then, are there any opportunity at all for obtaining legality? For many families, a
small window of legal and temporal opportunity has opened up in the international conventions
governing the protection of unaccompanied foreign children.
In November 1989, forty one years after the Convention on the Rights of the Child
11
was signed, the
Convention was adopted by a resolution at the forty-fourth session of the General Assembly of the
United Nations (1989). Under this agreement, children were declared to have special needs for
assistance and hence to be entitled to special protection. All signatory countries (all have signed
except the U.S. and Somalia) were obliged to take care of unaccompanied or neglected children,
regardless of nationality, race, color, sex, language, or religion, within their jurisdiction. The UN
recognized that each country had its own internal laws and policy structures, so every country should
create its own arrangements for how this protection was to be enacted. For example, in Denmark,
Belgium, Portugal and Sweden (CONRED 2005),
12
unaccompanied children are treated as asylum
seekers, irrespective of age, while Spain and Italy chose to treat them as neglected minors, effectively
putting them in an ambiguous position between
the foreigners law and the child protection system of
11
http://www.unhchr.ch/html/menu3/b/k2crc.htm
12
http://www.peretarres.org/daphneconred/estudi/index.html
13
the Autonomous Communities.
13
Spain has made the local autonomous communities responsible for overseeing its international
responsibilities regarding children, meaning that the protection system for children, citizens and
foreigners alike,
belongs to the different Autonomic Communities. In the Catalan case, different laws
apply to the protection of childhood, but the most significant center on neglect. The following is the
definition used by the Catalan childhood protection system in order to determine which children are
neglected and which, consequently, should be the subjects of its protection:
âWe can consider minors neglected when:
a)
They lack persons who by law would take on the guardian role or when such persons are unable to take on this
function or they would do so in a way that would put the minor at risk.
b)
When there is any evidence of failure to carry out the protective duties decreed for the protection of these minors or
[such guardians] lack the basic elements for the normal development of the minorâs personality.
c)
When the minor displays signs of physical or psychic mistreatment, or sexual abuse, or other similar things.â
(Law 37/1991 of 30 December on protection measures for neglected minors and adoption.)
14
Unaccompanied minors meet minimum condition âaâ in that they lack guardians. Further, even those
who have the state as their guardian are often at risk. Under the Catalan child protection system,
minors with no guardian in the country should be automatically declared neglected and the Catalan
government should automatically assume the role of
âtutelaâ
or custodian who takes legal responsibility
for them. The complication is that the rules governing unaccompanied children from Morocco fall
under both the childhood protection system and the foreignerâs law. Under the foreignerâs law, which
would see them as adults, even when they are under the guardianship of the state and have food and
shelter for a certain period, they still have an irregular administrative situation; meaning that they can
still be sent back and they cannot engage in activities that require legal residence. Being in custody of
the state is a way to gain legal status, but it cannot be obtained immediately. When a boy comes into
the Spanish
protection system, his case comes under a specific article, no. 92, about unaccompanied
minors. Point 5 of that article of the foreignerâs law says:
âPassing nine months since the minor was put in the
competent services of the minors protection, in agreement with section 2, and once having tried repatriation with his or her
13
In the case of Catalonia, see Llei 8/1995, 27 de juliol, d'atenciĂł i protecciĂł dels infants i adolescents: the law
of protection pertaining to teenagers and children.
14
http://www.gencat.net/benestar/dgaia/conceptes.htm
14
family or to the country of origin, and this having not been possible, will grant him or her the residence authorization to
which refers the statutory law 4/2000, of 11 of Januaryâ.
15
Thus, if a boy arrives in Spain and is judged to be
both a minor (with legal papers or through a radiography test) and neglected, he should be taken to an
emergency center created for unaccompanied children, and the government is obligated to try to
reunify him with his family within nine months. After that period, if the government has not
succeeded in reunifying him with his family or if the government determines that family reunification
would not be in his best interest, he must be given a residence permit in Spain. The government has
the obligation to protect the minor while it decides on his future: if he should be sent back to
Morocco or if he should remain and be given legal residence. During that period, he should be kept in
a center supervised by the childhood protection system.
In the case of Catalonia, as in almost all the other Autonomic Communities, the government,
following the international laws of child protection for unaccompanied minors, has created specific
resources for this category of children. However, it treats children from outside differently from how
it treats those with legal status in Catalonia. In particular, separating them by origin, they create special
centers for Moroccans, whereas the members of other communities, for example South Americans,
are mixed with Catalan children. This creation of a parallel system of attention has been criticized by
several NGOâs (CONRED 2005, Save the children 2004, etc.). Under this parallel system, children
from specific foreign countries can obtain protection if they can prove that they have nobody at all to
look after them. (Catalan children or children who are members of other communities typically enter
into the protection system by different circuits.) These children who can prove that they are totally
unaccompanied must still wait nine months to know if they are allowed to stay, sometimes making
their integration more difficult.
If, on the other hand, a child is found to have some relation in Spain, even a distant relative, he cannot
enter the protection system. In most cases, however, relatives of that kind are not in the position to
take care of the child, or have no interest in doing so, leaving him in a liminal situation: he does not fit
into the category of unaccompanied foreign minor, and cannot enter the ânormalâ protection system.
Forgotten by the system, he does not exist.
15
Articulo 92.5.Transcurridos nueve meses desde que el menor haya sido puesto a disposiciĂłn de los servicios
competentes de protecciĂłn de menores, de acuerdo con el apartado 2, y una vez intentada la repatriaciĂłn con su
familia o al paĂs de origen, si esta no hubiera sido posible, se procederĂĄ a otorgarle la autorizaciĂłn de residencia
a la que se refiere la Ley OrgĂĄnica 4/2000, de 11 de enero. (âŠ)
15
The social context of child migration in Morocco
In Spain, the children who have made these trips appear to be neglected. But few are neglected in
their families before the migration attempts begin. To understand this paradox, we need to examine
the context from which these boys are sent.
Many factors push these boys to migrate, whether directly or indirectly. Everything in Moroccan
popular culture publicizes migration to Spain: TV, newspapers, Moroccans living in Europe who
come in summer to show off their success, peers, etc. Nonetheless, families are the primary forces.
Families want the best for their sons, but they also see a boyâs successful migration as a way to
guarantee security or help in their collective future. Boys who do not make it to Spain or who are sent
back by immigration authorities are commonly met with disdain by their families who cast them as
failures and refuse to accept them back as full members. Unless a boy has managed to reach Europe,
and preferably also got papers, even when getting to Spain only to be sent back again, he is not seen as
being serious about crossing, as wasting his time in the streets, and as not supporting his family.
Data from CERED in 2004 show that Moroccoâs population has nearly tripled in the last four
decades. In 1960 Morocco had a total population of 11,635,000. In 2003 it was 29,520.000. Morocco
has a young population. In 2003 the age group between 0 and 14 represented 30% of the total. If we
relate these data to the high rates of unemployment and high school dropout and also the history of
internal migration, we can get a better grasp of the meaning of the large number of boys and young
men without a secure future who seek to come to Spain.
Most of the unaccompanied Moroccan minors in Spain come from Tangier and its surrounding
region. Tangier is the capital of its province. It has a population of about 500,000, and the province
formed by Tanger-Tetouan-Larache has a population of 2.3 million. Tangier is the principal
Moroccan cosmopolitan city, and it contains an extremely varied mix of people. During the period of
1945 to 1956 it was an international enclave, populated by Muslims, Christians and Jews.
16
In the last 30 years, Morocco has experienced enormous migration movements from the rural areas to
the cities. In many cases, families came from rural areas further south to urban areas in the north
driven away by the droughts in the 1980âs. This exodus is still ongoing. In rural areas there remains
much illiteracy and high unemployment; rural jobs are limited and badly paid. Like other cities,
Tangier has received most migrants from internal rural to urban migration. It is also absorbing people
coming from other parts of Morocco or even other countries of Sub-Saharan Africa who want to
migrate to Europe. The distance to Europe -- Algeciras-Tangier -- is just 14 kilometers, and the city is
well known for its industry in smuggling people and goods. It is also a place from which the âirregular
migration boatsâ (
pateras
) leave. There used to be a considerable illicit migration from Tangier, but
after the implementation of Spainâs â
Sistema Integral de Vigilancia del Estrechoâ (SIVE
)
16
in 2002, just a
few boats now leave from this area, and people are being forced to take more risky routes such as via
Mauritania and now even The Gambia (PĂ©rez; 2005).
The accounts of authors such as Jimenez (2003) and Konrad (2005) give us an idea of the migratory
context:
Twenty-five percent of Tangierâs families do not have electricity at home, and the city is still
growing, expanding particularly in the suburbs. There is a significant difference between the peripheral
areas, with houses of the poor, and the coastal area, with its modern apartments and big houses. The
population of the towns around Tangier migrates to the city, but the suburbs receive most immigrants,
so Tangier grows outward, creating ever-greater inequalities among the different neighborhoods, some
of the houses being of quite unstable construction, and lacking good transportation and
communication with the center of Tangier.
In Morocco anyone who is trying to migrate in an irregular way calls himself â
harraq.
â Coming from
the classical Arabic word,
harq
, this means âto burn,â as in âto burn ties.â
It does not literally mean
this, however. It has become the expression that describes the people who are attempting to migrate
in an irregular way. Not all the âharragâ try to migrate from the port area, but the term â
harraq,
â when
used to describe children, implies that these children are in the street as a temporary position in time
and space. They are seen as in a temporary street situation -- as having a purpose or âcallingâ -- and
from whom much good might come in the future. Possibly hoping to capitalize in the future on the
success of some of the children who succeed in reaching and staying in Spain, even the Moroccan port
police, who are supposed to take these boys into custody or evict them from the port, often turn a
16
Integral Vigilance of the Straits System
17
blind eye to their presence. No one identifies a boy who is serious about his migration as a âstreet
childâ, in the sense of leading an undisciplined, idle life of petty crime. His goal is not to live in the
street but to leave the country. For those boys who have not yet succeeded, however, life in the street
may be necessary to survive.
Many boys trying to leave Morocco live in the port area of Tangier. My first trip to Tangier was in
2001, when my interest in this research began. My first impression upon arriving was the perception
of the border and all the organization (formal, non-formal and informal) around it. Even back then,
the port was a graphic representation of the rest of society. In it was an enormous variety of people
all interacting in the same space: fishermen, tourists; port workers, police, street children, truck
drivers,
harraqs
. All occupied the same space but for different purposes. Often one group was
invisible to the others.
For would-be child migrants conditions of life in the port are extremely hard. They form informal
support groups of individuals, and they divide the port into different areas inhabited by groups of
boys from the same neighborhoods or towns. They also need certain skills to survive: knowing how
to obtain water and food, how to find a safe place to sleep and, most important, how to integrate
themselves with a group of other would-be migrants so they can gain group protection. They are not
allowed to enter the port, so they have difficulties getting in and out of the place. They must contest
not just security police but one another for the occupation of spaces to live and from which to try to
migrate: especially for a place under a truck. They are exposed to the weather; they must avoid the
police and security services; and every day they must struggle to obtain food and shelter, and to try to
get into a ferry to reach Europe. Many of these boys suffer abuse from adults or other boys, including
sexual abuse. They also suffer from maladies associated with their living conditions: skin diseases,
malnutrition, high fevers, and sunburn. They also suffer from accidents, being beaten by the police
and security guards, getting bitten by guard dogs, getting fractures from falling from the walls around
the port, drowning, getting run over by vehicles, or getting hit by boat motors. According to my
records from discussions with the children and port workers, fourteen deaths occurred from such
causes during my fieldwork in Tangier Port between May and October of 2006. None were reported
in the local press. Since March 2006, there has been a bus that deports rural children suspected of
trying to migrate irregularly from Tangier and deposit them in the rural areas, sometimes irrespective
of where their families live. Although those who are sent away usually return the next day, this is a way
of discouraging them from their migratory intentions. Despite these conditions, some of these boys
18
refer to the effort to migrate as a job where you must check in every day. Most of these boys keep
intermittent relations with their families; some even undertake short visits between migration attempts,
though they almost inevitably come back to the port to avoid the shame of having failed to reach
Spain â and because this is their job.
Unaccompanied Moroccan children coming to Spain
It is difficult to categorize unaccompanied minors; each is a particular case. But we can distinguish
some differences according to their mode of entry into Spain, who made the decision for them to go,
and their current situation. Most basic is their legal status: as âregularâ or âirregularâ migrants. I
describe first the most common channels of regular migration, and the ways in which the majority of
minors enter Spain.
Moroccan children come legally to Spain in several ways, based on special provisions in the Spanish
law for minors. Many come with student visas. Others come as part of normal family reunification
packages, to join one or both parents. There are also ways of coming based on fostering; such
children come with a tourist visa, aiming to stay in the country after the visa expires, under the
guardianship of a relative. In some cases the child comes himself and ends up in a fostering situation,
by agreement with the family or because he had difficulties getting into the protection system. In
another version of fostering, a family in Morocco may ask someone now living in Spain, usually a
family relative, to take a child. Children who come in such ways are often considerably younger than
16 â some as young as 10 or 11. The rationale for sending them this young is that they can mingle
with Spanish society far more readily than can older children who come for the first time. Children
who come under age 16 are allowed to attend school, where they can learn Spanish and Catalan. In
addition, they face less surveillance by the state than do older teens; and they are considered by
fostering families to be easier to care for and discipline. In some cases, however, the âfamilyâ relation
is quite distant, and the arrangement can be exploitive, especially for girls, who are expected to stay
close to home. Most girls in particular do not even come through the protection system at all,
migrating as fostered children or domestic servants or, in the worst cases, as prostitutes. Only for
children who are âadoptedâ does Spanish law give residence rights. To qualify as an adopted child,
however, a child must have a judgeâs order decreeing the parents unfit. He must also have capable
guardians in good residence and employment standing in Spain who agree to take over. As well, the
19
child
needs proof of continuous residence in Spain for a period of two years, as demonstrated by
registration with the
âpadron,â
the local city hall registration. Adoption is all the more difficult to enact
because Islamic societies forbid adoption; hence, presenting evidence of custody that would be
commensurate with Spanish legal categories is often impossible. Consequently, although most children
who families try to claim as adopted enter in a regular way, such as through a tourist visa, they will
become âirregularsâ after the visa expires, unable to legalize their status.
The other legal state in which Moroccan children come to Spain is as â
irregular
â
immigrants
.
Of those
irregular child migrants who try to come by themselves, boys predominate, and they tend to be around
age 16, when they know they are eligible to be wards of the Spanish state. Many attempt the journey
by large transport vehicle, hidden under a bus or track that is being loaded in the port in preparation
to make the crossing by ferry to Algeciras. This form of migration has little direct economic cost to
the children or their families, but it is very dangerous. Most of these boys have made an individual
decision, albeit with strong pressure from families, friends, and the media. The final category of
irregular child migration is that of boys, usually from rural areas, who attempt the journey by
patera
boat. Such a journey can cost several thousand euros. Because it is the most expensive route that
unaccompanied children can take, families are behind nearly all such efforts.
Becoming neglected
Below I summarize several ways in which neglect among Moroccan children arises, both migrants and
those who are not successful in migrating, whether directly or indirectly. To illustrate, I use case
studies obtained during my fieldwork and in some of my interviews.
1. Exposure in the port in Tangier
: Many boys staying in the port in Tangier while awaiting an
opportunity to cross are exposed to physical danger: a period of time that could last for years.
I met H in 2001. His family lives in the suburbs of Tangier, in a poor neighborhood, in a little self-
construction house. His father is retired and the mother is a housekeeper; he has an older brother and
a young sister. The summer of 2006, H was 17 years old, his older brother of 20 worked in a small
leather factory, without contract and social security, providing the only income that enters the home.
The small sister is still studying. He has been trying to cross for five years. He reached Spain three
20
times but each time he was sent back. He sleeps during the day, and goes to the port at night. He had
been beaten by the police and the port security members on several occasions. He argues that his
family knows his intention, and they donât try to stop him, but they donât support him either.
They said [referring to his family] that Iâm a
âShem kareâ
17
[drug user]. Though I just use drug
sometimes, they donât believe me. One day I will reach Spain, then they will change their
opinion about me. I will help them to get out of the poverty.
For H, the family does not trust him or his real intentions to try to reach Spain. Sometimes he spends
some nights at the port and uses the house just as a base camp to rest and recover.
For H, the fact of being the second child is crucial; his older brother cannot think of migration
because he had to work to support the family. H is free of this duty, but the family could not afford
to pay his school fees, and since the small sister showed more interest in school and better aptitude
than he, she was the one they supported to study. H had many friends from the neighborhood who
are now in Spain. They told him about the protection system. He still lives with the family who gives
him food and shelter. His family does not think he is serious about trying to cross; they think that he
is just having fun with his friends and taking drugs. H is risking his life daily in the port; his only
activity is to try to migrate, so he left the studies and other activities that others of his age could
pursue. His family feeds and gives shelter to him but they do not exert functions of protection nor of
communication with him.
The case of H represents the majority of the migrant boys who live in Tangier city, a boy who was
able to draw on the occasional help of his family because they lived in Tangier. As I said above,
however, the situation of the boys of the rural area is worse, because they lack support from their
families while they are in Tangier, away from home.
B is another boy who has suffered from exposure and the harsh conditions of trying to live in the port
and to migrate from it. Unlike the situation of H, however, his family does not live in Tangier but in a
distant rural area. I met B in the surroundings of the port area in May 2006. An illiterate, thin and shy
rural boy of 16 years, he has been trying to migrate intermittently for two years. He spend some time
17
Nick name for drug abusing boy who inhalates dissolvents. In Arabic
âShemâ
means to inhale and â
kare
â is
the dissolvent.
21
in his home in the rural area and some time in the Tangier port area trying to cross. So far he has
never reached Spain. In June 2006 he broke his elbow when he fell from the top of the 6-meter-high
wall that divides the beach from the port. He tried to live in the port in this condition, but the other
boys made fun of his lack of luck. He decided to go back to his parents house (10 hours by bus to the
rural area) until he recovered. Before he left Tangier, B told me that when he recovered he would try
again. His family knows what he is doing, and makes comparisons to other boys who have obtained
this goal. I asked him if he thought his family knows the conditions he lives in; he answered that boys
never explain the real conditions of living in the port to their families because they do not want to
worry them, but he thinks they can imagine how that could be. B thus represented a case of a boy
experiencing neglect in the port, but because he was far from his familyâs support, he was forced not
just to try to migrate but to survive, looking for shelter, food, a place to wash himself, etc. Like the
other boys in such circumstances, he easily gets exhausted without any external support; as well, his
clothes get older and dirtier faster than those of the boys from Tangier, and it is easy to recognize him
by his ragged looks. This has made him more vulnerable.
2. Becoming a street child in Spain
: A boy who migrates and becomes aware that he is going
to be sent back to Morocco is very likely to escape the protection system and go to live in the streets.
There, he feels that he failed his family members, and ends up without protection, either from the
state or his own family.
One of the first motivations of this research started with the question of why some of these children
ended up in the street (Empez 2005). Five years of intermittent field work in Barcelona, including
talking with many of these boys and interviewing some of the professionals who interact with them,
have persuaded me that a large number of boys mistrust the protection system, they are afraid to be
send back to Morocco, and they are living without protection. As a social educator told me in an
interview:
I know a lot of cases in which they [officials] gave them [Moroccan boys] a proposal to return
based on the concept of family reunification. That means that they are not accepted to stay in
Spain. If they stay in the protection system the police will come to take them and they will be
sent back under family reunification. These children donât want to return and they end up in
the street or leaving for another autonomic community. Sometimes this other community
gives them a different response, or it helps them to integrate, but what happens is that they
22
(the minors) develop a certain mistrust of the protection system. And kids who stay here in the
streets in Barcelona and they donât want to return, what do they have? If they donât leave the
center, they will be repatriated; then they are minors starting moving around to other parts of
Spain or even Europe, searching for a place that really welcomes them, or they will make a way
of living from the street.
Some boys, if they have some friend or relative, can live apart from the system like some irregular
adult migrants, but most of them end living in
âHarbasâ,
occupied houses in poor conditions, and
making the street their way of life. A large number of these boys end up in the justice system or in
mental care. The same social educator pointed out:
But of course this makes them exhausted [
desgatats]
, insecure and mistrustful. At the end they
become a fulfilled prophecyâŠ. We can find some small kids who when they first arrived they
were 13, they were in Madrid, then came here; after from here they were sent back and I donât
know. The kids have been switching communities, because everywhere gives them the same
answer and they donât really want to leave. And then of course they are kids that since the 13
to 16 or 17 were in the street, or entering and living the centers, they are really, really,
deteriorated.
Especially when they know that they are going to be sent back in family reunification, most try their
luck in other Autonomic Communities; if unsuccessful, they move into the streets. These boys depend
on their social networks and their personal abilities. Many become excluded, consuming alcohol and
drugs. It is also common to observe self-injury cuts. If they escape the protection centers, no one
goes to look for them.
As examples, I knew three boys in April 2006 who left the child protection system because they were
aware that they were going to be sent back in family reunification, and lived for two months in the
streets. After a time they decided to leave for Basque country, where they spent three months. The
new autonomic community has not yet decided about the future of these boys; two of them decided
to stay but a third one, tired and scared, decided to go back to the previous autonomic community,
where he lived in the streets. He was caught thieving in November 2006 and now is in a justice center.
23
3. The risks of family reunification
: A boy who manages to get to Spain may be sent back in so-
called âfamily reunification.â For children who arrive in the Spanish protection system, they know
they are unwelcome and unsafe, but the possibility of being sent back to Morocco to their families is
hardly a goal. Rather, it is a threat that hangs over them.
Failing in his plans and those of the family that invested in him, he will try again to migrate, eventually
worsening the relation with his family. It is not the aim of this paper to focus on family reunification,
but my observations in the field and in interviews with âreunified boysâ and professionals persuaded
me that all the so-called family reunifications that are been made do not fulfill the requirements under
the law of family reunification that was made to guarantee the right of living with the family (see also
Jimenez, 2003, 2004, 2006). As the main organ of child protection, it becomes a pathway to neglect
because these boys will not be welcomed back in their families, who do not understand the reason
why their child has been sent back, and will blame the boy. If other boys have made it, they reason, he
must have done something wrong.
As an example, I met A in the Tangier port area at the end of April, 2006. He was 17 years old, and
had just returned from his rural area to Tangier port to try to migrate again. He seemed to me a very
shy boy. After seeing each other many times we developed a good relationship and he became one of
my best informants and friends. I also visited his family in the rural area, which helped me to
understand this entire phenomenon.
When he was 15 A managed to get to Spain. He lived first in Almeria, working in the fields. Then a
compatriot told him that as a minor he could have benefits of the protection system so he moved to
Madrid and was accepted in the childhood protection system where he lived 14 months. According to
the Spanish foreigners law, he should have been given a residence permit after nine months in the
protection system
.
Instead, he was sent back in family reunification in March 2006. His repatriation
was well known in the national newspapers for its spectacular execution. The police came to look for
him at two oâclock in the morning. When he realized what was happening, he entrenched himself in
his room, barricading it with furniture. The police tried to get in for more than four hours; he
threatened to kill himself if they came. When the police finally broke down the door he was trying to
escape with sheets from the window off the ninth floor. Another police officer, knowing what could
happen, was on the eighth floor and rescued him from falling. In a state of shock, he was transferred
24
to the airport, where a doctor saw him and put him on the plane. They brought him to Casablanca,
where he saw a judge and was told to go home. His family, however, knew nothing of this âfamily
reunificationâ until they saw him arriving. The family and the entire neighborhood could not
understand why he was sent back. Ashamed, he spent just a week with his family in the rural area, and
then went back to Tangier to try to migrate again. Ever since, he has been living in the street situation
in the port. He had been beaten by port guards three times. In summer, with the annual arrival of the
Moroccans living in Europe, an event in which the returnees display their wealth and look for brides --
and the city puts on an extravagant welcome -- his father told him: âThe only thing you brought from
Spain was your long hair.â A knows that is not easy to go back to Spain, but he argues: âthere is no
alternative.â When I visited his family, he just agreed to go with me because of my request that we do
so, and he returned to the port as quickly as possible. The situation with the father was tense; they
love each other, but all the hopes they had in his migration were gone. In their expectations, he was
supposed to be the first to go and then help his old brother to migrate too; then his father of forty five
could retire. Now they do not to trust each other; both blame each other for Aâs current situation.
As this case suggests, the situation of the boys being sent back is worse than the ones who never
reached Spain. They are victims on the one hand of the policies of family reunification, seeing their
migratory hopes dashed after reaching Spain, and on the other hand receiving humiliation back in their
own country, becoming a target for laughter of neighbors and relatives. They had the dream of
Europe in their hands and they let it escape. The majority return to try to migrate again, often in worse
conditions that they did the first time. Now they are older, they mistrust the protection system and
they are morally lowered. Others become socially excluded, with problems of mental illness or drugs
abuse. Because family reunification under such conditions is involuntary, few are welcomed back by
their families.
H, another boy I first met in Tangier, was sent back from Spain after eleven months in the protection
system under family reunification. When he arrived, his alcoholic father beat him, arguing that it was
his fault to be sent back. He tried to go again in June 2006 and reached Spain. He lived in the streets
for several months until he met a lawyer with an NGO who explained his situation to a judge. In
October 2006, the judge decided that the repatriation had taken place without warrants
.
Pointing out
that the boy was sent back after the nine months, the judge declared that the boy had to be returned to
the Spanish protection system, after being unattended all of this time. The history of H was traumatic,
but he was lucky to find the help of an NGO. Most boys in his situation, however, who are returned
25
to Spain, stay away from the protection system living in the street, and fall into marginality and social
exclusion.
4. The consequences of âsuccessâ in the childhood protection system:
What families and
their sons both want has the perverse effect, given the severely limited economic and migration
options available, of forcing these boys to become neglected: to assume adult roles at very young
ages, to take care of themselves, and live apart from their families. Achieving success in Spain
requires that they be neglected physically, in that they are not with the family and also that they are put
at real risk of neglect and mistreatment in the Spanish child protection system.
I first met F, then aged 17, in Barcelona in 2002. He had come to Spain one year earlier. He later
obtained his residence and work permits and got a good job in a factory. Talking with him, I learned
that he badly misses Morocco and would like to go back to live with his parents, but he has a
responsibility to help his family and they would not understand if he decided to go back. Like an
adult, F. feels the difficulties and struggles of migration, but he is a young boy. Some can handle the
situation, but others who, even after succeeding in getting to Spain and becoming legal, experience
anxiety, depression, and other mental problems related to this lonely migration.
I met Jâs father in Morocco in the taxi he was driving at the end of April 2006. He asked me if I could
find his son, who left two months ago as an unaccompanied minor. He knew the son was in
Barcelona. Keeping contact with the father, I started to ask about the boy in my Catalan protection
system and informal network. The father told me that he could not sleep thinking about the situation
of his son. After a month I found one educator who knew him. When I brought the news to the
family, they were really happy. Their situation was not of extreme poverty, but they thought that the
migration of their son would give them a possibility of upward mobility. Knowing that only a
âneglectedâ child would be allowed to stay in Spain, they exaggerated their current situation as being
one of poverty, and as one of problems between the mother and the father
,
when a social worker
from Catalonia called them, to ensure that their son would be accepted in the protection system.
Right now, there is no way to know the real situation of the families. Spanish officials must do a
telephone interview. In most cases families with more skills know what to say to get their child
accepted in the welfare system in Europe. Families without resources, by contrast, do not know how
to act, making it more likely that these children will actually be sent back to situations of neglect.
26
Most boys who manage to stay in Spain because of their âneglectedâ state are proud of their
accomplishments in managing to stay, but they stress that they lead a hard life. Many of them report
that they feel lonely and especially at times of festivity like Ramadan or Aid al Kabir, which are major
holidays in their countries of origin, both being festivities involving families. At such times, they must
pass the time alone in Europe. They say they cannot reveal the struggles they undergo in Spain
because they do not want to worry their relatives. Sometimes they feel pressure to send money, when
they do not even earn enough to live themselves. They can only go to visit their families if they have
enough money, often through borrowing, to pretend that they have an easy life in Spain.
5.
Accompanied but unattended
: The rise in what I call â
transcontinental fostering
â, in which
children move in with relatives or family friends, means that these children have shelter, protection
and food; some of them, if they are less than 16, can even attend school. But these children are in a
paradoxical situation. According to the Spanish government, they are not unaccompanied minors
because they are seen as being with some adult in the country. But because this âfosteringâ does not
mean legality, and because the government recognizes the guardianship, but does not need to make it
legal in terms of bureaucracy, the Spanish police effectively turn a blind eye on such children and they
cannot obtain legal residence permits . They are not sent back when they are still minors, and when
they become 18 they become irregular migrants.
One social worker from the city hall social services from a city near Barcelona told me that a man
reported that relatives in Morocco had sent his niece to him without telling him they were going to do
so. He could not take care of her, he explained, and wanted to put her in the child protection system.
The social worker called the emergency child service and explained the situation. In response, the
protection system told the social worker that because this girl had a family of reference, she had to
stay with the uncle or she would be sent back to Morocco. The social worker explained the situation
to the uncle, who then decided to keep the girl. But, as the social worker learned, this man had an
open file with the child protection system because he had abused his own children, and the local
government had wanted to take custody of them to protect them.
In effect, his own children, who are legal Spanish residents and have residence permits, are treated by
the Catalan government as children, as are the rest of Catalan children, but the girl who is fostered
according to Moroccan custom is not. Nonetheless, she must stay in the same house and under the
protection of the same man whom the government had declared unfit to take care of his own children.
27
This case concerns a girl, but it also parallels what happens to boys who do not fit in the category of
unaccompanied minors. They have difficulties in entering the ânormalâ child protection system
because the government looks only at the âcompanyâ piece of their situation, avoiding the other
elements of neglect. In such cases, the government tries to treat these children more as irregular
migrants than as unaccompanied minors needing protection. As migrants, they just need protection if
they are unaccompanied, without giving importance to other factors that should warrant a definition
of them as children and as lacking protection.
Conclusions
Unaccompanied child migration from Morocco to Spain is arguably a case of globalization and of
migration laws gone awry. It has an impact on Europe, in how it organizes institutions to handle these
children, and on Moroccan families, in which efforts to cope with poverty through the migration of
children affect ideas about the meaning of children and migration. Changing Spanish and EU laws
have made migration a very different phenomenon than it was just a decade or two ago. For
Moroccans, it has placed increasing emphasis on children as the bearers of this burden, and it has
made it increasingly difficult for them to return, even if âsuccessful,â for anything except short visits.
They are separated from their families at young ages not just by spatial distance but also by emotional
distance, in that they cannot reveal the extent of their struggles. Hence, some of these children
become neglected by the very systems that are charged with their protection.
In Spain, the legal and social status of Moroccan child migrants is viewed with ambivalence. On the
one hand, they are minors who should be protected; on the other, they are illegal migrants who should
be sent back. If they manage to reach legal Spanish territory, humanitarian laws governing child
protection are supposed to take precedence, treating them as neglected children who require
protection of the state as well as the international community. However, the very humanitarian
ideology that claims to protect them in fact works against them, and in two ways. First, for children to
qualify for state protection, the only pathway to legality that is open to them is to be seen as neglected,
meaning that Moroccan families must distance themselves from their children. Second, Spanish
officials, citing UN humanitarian codes that stress the family as a key human value, with its emphasis
on the rights of children to live with their parents, use the idiom of family reunification as a rationale
28
for sending these children back. For such children, their families, formerly supportive, now come to
resent them as âfailures,â and refuse to accept them back as full family members. Family reunification
is hardly the result.
The globalization process, while promoted by developed countries, is contradictory. It promotes free
circulation of goods but also extensive control of people, making marginalized people the work force
that Europe needs. In the case of the unaccompanied minors, as Suarez notes (2006: 24) in Checa
(2006),
it is a disquieting phenomenon in double sense, first because the special vulnerability of the
minors is evident, crossing the powerful borders between countries and continents (...) and
second, because they manifest their capacity to navigate among the interstices of the
contradictions of our Western society, and even the pathetic and dangerous comprise of their
strategies of resistance.
These boys desire to consume Western goods, to have access to Western benefits such as holidays and
medical insurance. But they desire these things not just for themselves. They know their migration
could change the course of their family membersâ lives. Each time a boy reaches Spain under a truck
or a bus, however, the failure of the ideals of human rights and the precariousness of reproduction
become transparent.
The expanding EU border and concomitant tactics of exclusion have come at a high price. In
Morocco, there have been enormous repercussions for marginal people who struggle to make ends
meet or as they try to find access to the wealth of the EU. For their children, however, the costs are
becoming even higher. The fact that under humanitarian law children must be neglected to qualify for
protection generates real neglect among children, both in Europe and back in North Africa, whether
unintended or intentional, to qualify a child to stay in Europe. Unaccompanied children are not seen
as minors, but as
unaccompanied
. They need protection, as the international laws point out, but they are
treated as immigrants. This is a reason why there exist two parallel lines of protection, one for the
unaccompanied minors and another for other children, whether foreigners with residence permits or
Catalan children. In this case we point to a gap in the system of protection that leaves out all children
in irregular administrative situations who are not entirely unaccompanied.
29
With the constant change in policies regulating migration and family reunification and the increasing
border controls, we do not know how the next generation of potential migrants will be affected. We
do not know who in the future is going to appear as the best candidate to represent a family abroad
and who will be the next to feel the perverse effects of changing laws in a global world. Since the
laws are changing rapidly, and the European Union is making major efforts to send back children by
means of family reunification, the unaccompanied minors phenomenon will likely decrease in
importance or change its character in the next years. We should start asking: What social and national
category will be marginalized next?
Acknowledgments
This paper has gained much from the support by Caroline Bledsoe. The discussions with her, her
comments and her editing have helped to get the paper into a better shape. Her support is greatly
acknowledged. I would also like to thank the Max Planck Institute for Demographic Research for
financial support of my work, and my colleagues Gunnar Andersson and Annette Fleischer and
Montserrat Ventura for comments on earlier versions of this paper. The paper is based on my ongoing
dissertation work which is part of the project âTransnational Vital Eventsâ carried out by the MPIDR.
30
BIBLIOGRAPHY
Bledsoe, Caroline, 1990. Transformations in Sub-saharan African marriage and fertility.
Annals of the
American Academy of Political and Social Science
510:115â125
Bourdieu, P. and J.C. Passeron, 1990.
Reproduction in Education, Society and Culture.
London: Sage
Publications.
Calavita, Kitty, 2005.
Immigrants at the Margins: Law, Race, and Exclusion in Southern Europe
. New York:
Cambridge University Press.
Capdevila, Manel and Marta Ferrer, 2003. Els menors estrangers indocumentats no acompanyats
(MEINA).
Justicia i Societat
, num. 24. Barcelona: Centre dâEstudis Juridics i Formacio
especialitzada.
CERED, 2004. Centre d'Etudes et de Recherches DĂ©mographiques.
http://www.cered.hcp.ma
Checa, F., A. Olmos and J.C. Arjona (eds.), 2006.
Menores Tras la Frontera, Otra EmigraciĂłn que Aguarda
.
Barcelona: Icaria editorial.
Con RED, 2005. Rutas de pequeños sueños: Los menores migrantes no acompañados en Europa.
Report. Barcelona: FundaciĂłn Pere Tarres. Available:
http://www.peretarres.org/daphneconred/estudi/informe.html
De Genova, Nicholas, 2005.
Working the Boundaries: Race, Space, and "Illegality" in Mexican Chicago
.
Durham: Duke University Press.
Delgado, Manuel, 1998.
Diversitat i IntegraciĂł
. Barcelona: EmpĂșries.
Empez Vidal, Nuria, 2005. Menores no acompañados en situación de exclusión social. In Fernandez,
Tomas, et al. (eds)
Multiculturalidad y EducaciĂłn: TeorĂas, Ămbitos, PrĂĄcticas
. Madrid: Alianza
Editorial.
Empez Vidal, NĂșria. 2003.
Menors No Acompanyats Estrangers Indocumentats: Una AproximaciĂł al Fenomen
.
Master Thesis. Barcelona: Universitat AutĂČnoma de Barcelona.
Ginsburg, Faye and Rayna Rapp, 1991. Politics of reproduction.
Annual Review of Anthropology
20:311-
343.
Institut CatalĂ de lâacolliment i de lâadopciĂł, 2005, 2006. MemĂČria del Departament de Benestar i
FamĂlia 2004, 2005. Available:
http://www.gencat.net/benestar/xifres/mem2005/sfi.pdf
and
http://www.gencat.net/benestar/xifres/mem2004/sfi.pdf
JimĂ©nez Ălvarez, Mercedes, 2003.
Buscar-se la Vida: AnĂĄlisis Transnacional de los Procesos Migratorios de los
Menores de Origen MarroquĂ en AndalucĂa
. Madrid: Editorial Santa Maria. Available:
http://images.indymedia.org/imc/estrecho/application/11/Buscarse_la_vida.pdf
31
JimĂ©nez Ălvarez, Mercedes and Diego Lorente, 2004. Menores en las fronteras: de los retornos
efectuados sin garantĂas a menores marroquĂes y de los malos tratos sufridos. Report.
FederaciĂłn SOS Racismo. Available:
http://www.mugak.eu/ef_etp_files/view/Informe_menores_retornados.pdf?revision_id=920
2&package_id=9185
JimĂ©nez Ălvarez, Mercedes, 2006. Donde quiebra la protecciĂłn: las reagrupaciones familiares sin
garantĂas. Taller de Estudios Internacionales MediterrĂĄneos (UAM). Unpublished report.
Konrad, Marc and Vicenta Santoja, 2005.
Menores Migrantes. De los Puntos Cardinales a la Rosa de los
Vientos
. Valencia: Promolibro.
Marx, Karl, 1967.
Outlines of the Critique of Political Economy
, Vol. II-III. New York: International
Publishers.
Pérez de Lama, José, 2005. Notas sobre emergencias en el Estrecho de Gibraltar (Eurafrica).
Available:
http://thistuesday.org/node/118
UNICEF, Fundacio Jaume Bofill, and Junta de Andalucia, 2005. Nouveau visage de la migration les
mineurs non accompagnes, analyse transnationale du phénomÚne migratoire des mineurs
marocains vers lâEspagne
.
Report. Available :
http://www.unicef.org/morocco/french/Etude_MigrationMineurs_21nov2005.doc
Save the Children, 2004. Informe sobre la situación de los menores no acompañados en España.
Documento de trabajo IV. Available:
http://www.savethechildren.es/iniinterior.asp?iditem=1237
Scheper-Hughes, Nancy (ed), 1987.
Child Survival: Anthropological Perspectives on the Treatment and
Maltreatment of Children
. Boston: Dordrecht.
Sindic el defensor de les persones, 2006. Informe i recomanacions: La situacio dels menors imigrats
sols
.
Report
.
Available:
http://www.sindic.cat/ficheros/informes/37_Situaciomenorsimmigrats.pdf
SuĂĄrez, Liliana, 2006. Un Nuevo actor migratorio: jĂłvenes, rutas y ritos juveniles transnacionales. In
Checa, F., Olmos, A.. and J.C. Arjona, (eds.),
Menores Tras la Frontera, la Otra EmigraciĂłn que
Aguarda
: 17-50. Barcelona: Icaria.
Wolf, Eric, 1982.
Europe and the People without History
. Berkley, Los Angeles: California Press.
32
LAWS and Treaties
Ley Orgånica 7/1985, de 1 de Julio, sobre derechos y libertades de los extranjeros en España.
Ley orgĂĄnica 8/2000, de 22 de diciembre; Ley OrgĂĄnica 4/2000 de 11 de enero, sobre derechos y
libertades de los extranjeros en España y su integración social, en su redacción dada por la ley orgånica
8/2000, de 22 de diciembre.
Ley orgĂĄnica 14/2003, de 20 de noviembre, de Reforma de la Ley orgĂĄnica 4/2000, de 11 de enero,
sobre derechos y libertades de los extranjeros en España y su integración social, modificada por la Ley
OrgĂĄnica 8/2000, de 22 de diciembre; de la Ley 7/1985, de 2 de abril, Reguladora de las Bases del
RĂ©gimen Local; de la Ley 30/1992, de 26 de noviembre, de RĂ©gimen JurĂdico de las Administraciones
Publicas y del Procedimiento Administrativo comĂșn, y de la Ley 3/1991 de 10 de enero de
competencia Desleal.
Real Decreto 2393/2004, de 30 de diciembre, por el que se aprueba el Reglamento de la Ley OrgĂĄnica
4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración
social.
Llei 8/1995, de 27 de juliol, d'atenciĂł i protecciĂł dels infants i adolescents , i de modificaciĂł de la Llei
37/1991, de 30 de desembre, de conformitat amb el que disposen l'article 42 de la ConvenciĂł
esmentada, l'article 15 de la Llei 8/1995, també esmentada, i la Resolució 194/III, de 7 de març de
1991, del Parlament de Catalunya, sobre els drets de la infĂ ncia.
Llei 37/1991, de 30 de desembre, sobre mesures de protecciĂł dels menors desemparats i de l'adopciĂł.
(
DOGC
nĂșm. 1542, de 17-01-1992)
Schengen convention (1990). Applying the Schengen agreement of 14 June 1985.
http://www.hri.org/docs/Schengen90/
Universal Declaration of Human Rights, December 10, 1948. The General Assembly of the United
Nations.
33
United Nations Declaration of the Rights of the Child. Proclaimed by General Assembly resolution
1386(XIV) of 20 November 1959, Convention on the Rights of the Child adopted and opened for
signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989.