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

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

The Committee notes the Government’s detailed report and the numerous documents attached.

1. The Committee notes Act No. 8/2000 of 22 December, reforming Act No. 4/2000 of 11 January on the rights and freedoms of foreign nationals in Spain and their social integration, as well as the implementing regulations approved by Royal Decree No. 864/2001 of 20 July.

2. With regard to the rights and freedoms of foreign nationals, the text of the new Act, as amended, still accords foreign nationals the rights of assembly, demonstration, association, trade union rights and the right to strike. However, to be able to enjoy the full exercise of these rights under conditions comparable to those of nationals, foreign nationals must now be legally resident in the country to be able to exercise the rights of assembly, demonstration, association and trade union membership. Furthermore, they may exercise the right to strike when they are authorized to work.

3. Moreover, changes have been made with regard to infringements relating to foreign nationals and the penalties imposable for such infringements. The reform introduces into the new Act penalties against persons who transport foreign nationals onto Spanish territory without verifying whether they fulfil the conditions required to enter Spain. Finally, provisions have been introduced to penalize the trafficking in persons.

4. The Committee requests the Government to indicate the impact of the new reform on the situation of immigrants in Spain, including its effects in terms of combating illegal immigration and on the results of the various measures to regularize foreign nationals which have been taken in Spain up to now. It also requests the Government to specify whether penalties have been applied to transport enterprises and, if so, to provide information on the conditions under which these penalties have been imposed.

5. With regard to bilateral agreements on the entry of immigrants coming directly from their country of origin, the Committee requests the Government to provide copies of such agreements and to indicate the date of their entry into force. The Committee also requests information on the procedures for the operation of these agreements, particularly with regard to the system of quotas for foreign workers which the Government has established, in accordance with section 39 of the Act respecting foreign nationals.

6. The Committee requests the Government to continue indicating whether courts or other bodies have issued rulings on matters of principle relating to the application of the Convention.