E/CN.4/2004/76/Add.2 page 10 B. Migration policy 26. The Special Rapporteur appreciates that, according to the statement of the grounds for Organization Act No. 8/2000, immigration is regulated on the basis of its conception as a “structural development which has converted Spain into a country of destination of migratory flows and, because of its situation, also into a transit route to other States, whose frontier controls on the routes from Spain have been eliminated or substantially reduced”. 27. Various officials informed the Special Rapporteur that migration policy is based on Spain’s labour agreements with countries of origin, on a policy comprising frontier control and action to combat trafficking, and on the common European policy. From the common policy derive some of the measures taken, such as the visa requirement for nationals of non-Community countries. 28. The Government Delegate in charge of the Foreigners and Immigration Office stated that migration policy is reflected in activities aimed at strengthening frontier control, carrying out expulsions, improving cooperation with countries of origin and combating the organized networks involved in trafficking in migrants. In addition, the Minister of the Interior reiterated that, on the one hand, this policy is generous vis-à-vis legal migration and respects all the rights of migrants, and, on the other, requires controlled and orderly migration, on the assumption that excessive generosity would create pockets of marginality and would pave the way for the possibility of the exploitation of immigrants. 29. The Special Rapporteur was informed of efforts to promote the integration of migrants in Spain. The Global Programme for Regulation and Coordination of Foreigners and Immigration (GRECO) is aimed at the “overall design and coordination” and regulation of migration, the integration of resident migrants, and maintenance of the protection system for refugees and displaced persons. 30. The Special Rapporteur is aware of the Government’s efforts to confront the phenomenon of migration in a way that ensures compliance with national and international commitments in the area of human rights and appreciates that the government representatives themselves have admitted the need to improve some aspects of migration management in Spain. Nevertheless, during her visit, she noted a number of problem areas which create difficulties in the implementation of migration policy and have an impact on the human rights of the migrants. III. PARTICULAR CIRCUMSTANCES AND GENERAL OBSERVATIONS A. Illegal migrants 31. The Special Rapporteur noted with concern the large number of illegal migrants who, according to some sources, may total as many as 600,000. In addition, she was informed of the main reasons for this illegality: one is clandestine entry, which is being used by the criminal networks and is aggravated by the failure to carry out expulsions; the other is illegality resulting from delays in procedures. 32. Illegal entry would appear to occur, according to information received, mainly via Barajas international airport in Madrid. The Director-General for Consular Affairs explained that a consul is able to identify persons simply wishing to visit Spain and persons travelling with the intention of remaining there. The Special Rapporteur expressed her concern at possible discretionary action by officials and at a number of cases brought to her attention in which documentation not

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