Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Migration for Employment Convention (Revised), 1949 (No. 97) - Spain (Ratification: 1967)

The Committee notes the comments made by the Democratic Confederation of Labour (CDT) of Morocco on the application of this Convention and of Convention No. 117, as well as the Government's observations on these matters.

CDT alleges that during an incident in the port of Algeciras, Moroccan migrants received bad treatment by the Spanish Civil Guard forces in an incident which resulted in dozens injured and three missing. According to the Government, this occurred on 18 July 1993 within the framework of an operation by the National Police Corps to repatriate 166 immigrants with false documentation. The Government indicates that, when the ferry boat carrying these expelled migrants commenced its manoeuvre to leave the dock, two persons fell into the water and that, despite the intervention of the Civil Guard forces, a patrol boat of the Maritime Service and a team of divers, these individuals were not found. The Government states that the forces of public order followed general standards of action, involving the greatest care and respect to the persons concerned. The Committee takes due note of the above information.

The Committee notes that the Government further describes in detail a series of meetings held between the Governments of Spain and of Morocco concerning the above-mentioned incident, following which the Government considers it useful for the two countries to cooperate closely in their battle against organized clandestine migration.

The Committee requests the Government to continue providing information on any measures taken in this regard, in the light of Article 4 of the Convention.

The Committee is also addressing a direct request to the Government on certain points.