A/HRC/23/56/Add.2
38.
It was also reported that, with the economic crisis, a number of regular migrants,
mainly from Morocco and Latin America, have lost their residence and work permits and
have become undocumented, which affects their children’s rights. Furthermore, while it
was reported that, in general, Spanish society is supportive of non-citizens, a rise in
expressions of racism and intolerance against migrants in society and in the media was
noted.
39.
At the time of his visit, the Special Rapporteur visited a greenhouse in Almería. The
conditions of many irregular migrants working in those greenhouses are shocking. They
lack basic infrastructure and services including sanitation, electricity, potable water and
adequate health-care services. Due to the distance and lack of transportation, their access to
health services is particularly hampered. Respect for the dignity and human rights of these
irregular migrants should be a high priority for the Government, while paying particular
attention to the increased vulnerability of migrant women who work and live in these
greenhouses and are exposed to violence, including sexual violence and de facto
prostitution. A number of Moroccan women are among them, reportedly including victims
of human trafficking networks. Abuses by the owners of the greenhouses, including
violence and the selling of false working contracts to obtain a residence permit, were also
reported. According to NGOs, the situation in Almería is illustrative of a general pattern
that, for more than a decade, has affected other provinces with intense agriculture,
including Cordova, Huelva and Seville.
40.
The detention of undocumented migrants, including women, in Detention Centres
for Foreign Nationals (Centros de Internamiento de Extrajeros or CIEs) poses a number of
human rights challenges that need to be addressed. According to the above-mentioned
Organic Act 4/2000, undocumented migrants are held in CIEs pending their expulsion or
deportation. Detention is decided by judicial authorization for a maximum period of 60
days. Since the closure in June 2012 of the CIE in Malaga, there are currently eight CIEs in
Spain. The Special Rapporteur visited the CIEs in Barcelona (Zona Franca) and Madrid
(Aluche). While CIEs are subject to judicial control, they remain public establishments
under the responsibility of the Central Government and are run by the National Police
Force. According to the National Ombudsperson, in 2011, of the 11,456 foreign nationals
held in the CIEs, 6,825 were eventually deported, which means that over 40 per cent of
those confined at CIEs were not deported.2
41.
The Special Rapporteur is concerned that there are no regulations governing the way
in which migrant detention centres operate, as required by law, and by the negative impact
of the lack of such regulations on the human rights of undocumented migrants within the
CIEs. Indeed, despite legal provisions and the Government’s commitment to enact specific
regulations for the management of CIEs, these have yet to be adopted. As a result, there are
disparities in the management of the CIEs in the different regions, and important issues
within the CIEs are subjected to the discretionary judgement of the police, including access
to health care. Some reports indicate that police control measures in the management of the
CIEs have been prioritized. In this regard, it is hoped that the regulations to be adopted
would transfer the management of the CIEs to a civil administration and provide for the use
of police competencies only for security purposes. The Special Rapporteur is deeply
concerned that individuals subjected to immigration removal who have committed criminal
offences are detained in these centres together with undocumented migrants who are held
for administrative migration offences only. Furthermore, the living conditions are
reportedly of concern in some centres. Some do not meet the minimum requirements,
2
10
The Ombudsman of Spain, Annual Report 2011: Spain’s National Preventive Mechanism, p. 110,
available at http://www.defensordelpueblo.es/en/Mnp/InformesAnuales/Spain_NPM_2011.pdf.