E/CN.4/2004/76/Add.2 page 2 efforts to adapt its legislation and policy to the new dimension and character of the phenomenon and to comply with the commitments made within the European Union. In practice this has entailed an effort to develop the control system on the outer frontiers of the European Union. The Special Rapporteur noted that in practice the investment in resources and technology, the introduction of legislative changes and the application of policies aimed at curbing illegal immigration have not been sufficient to bring about a decrease in the phenomenon. She observed how migrants end up trying to enter Spain by other far more dangerous means in the hands of networks, very often paying for the attempt with their lives. She was also able to appreciate the work of the State security forces and bodies in saving lives and providing assistance to migrants arriving in small boats and is aware of the costs which this entails in terms of resources and personnel. The Special Rapporteur believes that the difficulties involved in curbing illegal immigration are due to many factors, including the difficult economic and political situation in the countries of origin and the migrants’ view of Spain and Europe as a paradise of opportunities. However, some are deluded by the trafficking networks, while others are urged to try their luck by relatives and friends already living and working legally or illegally in Spain or other European countries. The Special Rapporteur observed that there is a strong need for migrant workers in some sectors of the Spanish economy, such as the agricultural sector and domestic work, and that many illegal migrants end up being exploited in the black economy. The Special Rapporteur considers that the strengthening of control systems should be proportionate to solutions involving family reunification and integration of migrants who have been in Spain for several years. The Special Rapporteur is concerned about the growing number of persons illegally present in the country due to the difficulty in curbing the influx of illegal migrants and carrying out expulsions. As a result of the changes in the legislation on immigration and the steady increase in the number of cases, the immigration offices have been overwhelmed. Consequently, there are often delays in procedures and ensuing illegality of many migrants. The Special Rapporteur observed a situation of disregard for the guarantees and rights which the law accords and recognizes for migrants, which may result in cases of arbitrary decisions and possible violations of human rights. Particularly in the context of interception, return, expulsion and detention, migrants are frequently confronted with the risk of defencelessness in the face of possible abuses and violations due to the absence or insufficiency of legal assistance. The Special Rapporteur noted that there is considerable tension between the Government and a number of NGOs concerning immigration policies and the implementation of the law on immigration. The work done by the NGOs in monitoring the proper enforcement of the law and respect for the guarantees and rights of migrants is of fundamental importance. Nevertheless, she noted that in some cases there is a tendency in civil society and the press to equate the situation of illegal migrants with that of refugees. In addition, in some sectors of the Government and the press there is a tendency to accuse NGOs of adopting this position. The Special Rapporteur considers that this confrontation may be prejudicial to the appropriate protection of the rights of migrants and asylum-seekers, and believes that the appropriate enforcement of the law and the guarantees which it establishes is the only way of ensuring respect for the rights of both groups.