E/CN.4/2004/76/Add.2 page 12 in the application of provisions for regularization because of a lack of harmonization between the special processes and the general regime. The Special Rapporteur noted that there were long queues of people in immigration offices. A case may take eight or nine months on average, and even occasionally up to two years. She was also informed how some lawyers take advantage of the migrants’ difficulties by charging for facilitating procedures which are free. 39. In the Ministry of Labour, she was informed that procedures relating to work permits take a long time, especially the first renewal, because numerous checks have to be made. Although the migrant is able to work while permit-related procedures are under way, some migrants stated that employers do not renew their contract if they do not have a valid work permit because they are afraid of the penalties imposed on persons recruiting illegal migrants. In addition, the existence of a contract of employment is a fundamental requirement for renewal of the work permit, without which a residence permit cannot be obtained. 40. The Special Rapporteur expresses her concern at the difficulties which illegal migrants encounter in regularizing their situation. For this purpose they have to prove that they have stayed in the country for five years, show that they have settled in the country after three years or have remained for two years illegally after holding a residence permit. In order to prove any of these situations they have to present the appropriate documents. B. Smuggling and trafficking 41. The situation of migrants is made worse by the fact that many of them have used traffickers in order to cross the strait and, in some cases, virtually the whole of Africa. The Government Delegate in charge of the Foreigners and Immigration Office stated that, in an effort to combat these networks, the Criminal Code had been amended to characterize trafficking and smuggling as serious offences, and imposing heavier penalties, which are further increased in the case of trafficking in minors or exploitation of prostitution. In the Commissioner-General’s Office, the Special Rapporteur was informed about the special investigation unit set up to combat networks engaging in trafficking and smuggling, in cooperation with the countries from which migration originates and with the European Union. To this end, the police are cooperating with Interpol and Europol and investigating the offences of aiding and abetting illegal migration, exploitation in the workplace, exploitation of the prostitution of others, networks producing false documents and fraud in documentation processes. 42. The Special Rapporteur believes that an important feature of action to combat the trafficking networks is the cooperation of the victims. Article 59 of the Aliens Act provides for a number of measures which may be taken if the victims of the offence of trafficking in human beings or exploitation of prostitution report the facts to or collaborate with the authorities: nonexpulsion from the country, even if the victim is present in Spain illegally; possibility that the authorities may finance voluntary return to the country of origin or grant the victim a residence permit or work permit. A number of problems have arisen in connection with such collaboration: when the person concerned in unable to produce documentation because the criminal networks have taken away his or her passport or the consulate does not provide new documentation; or fear of reprisals against relatives in the countries or origin. 43. The various officials spoke of continuing changes in strategy on the part of the transnational organized crime networks. The Government Delegate in the Canary Islands stated that since Spain had become more efficient in the process of repatriating Moroccans, small boats had begun to arrive with a greater percentage of sub-Saharan Africans, and that arrests of boat-owners