Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Spain (Ratification: 1977)

The Committee notes the Government’s report.

The Committee notes the Act respecting foreign nationals (Organic Act No. 8/2000 on the rights of foreign nationals in Spain and their social integration), which prohibits "irregular" foreign workers (those without proper work papers) from exercising the right to organize. The Committee draws the Government’s attention to the fact that that Article 2 of the Convention establishes the right of workers, without distinction whatsoever, to join organizations of their own choosing, with the sole exception of members of the armed forces and the police. The Committee therefore requests the Government to provide information in its next report on any measure taken to amend this Act with a view to securing the right of all foreign workers to join organizations to further their interests as workers.