E/CN.4/2004/76/Add.2 page 6 II. STATUS OF THE QUESTION 7. First of all, the Special Rapporteur would like to highlight the peculiar situation of Spain in that, in a period of two decades, it has changed from being a country of origin of migrants to being a country of transit and destination. Despite the increase in the numbers of migrants – as of 30 June 2003, 1,448,671 migrants were living in Spain with a residence permit - they represent only about 3.5% of the total population, according to official sources, a percentage which is lower than that in neighbouring countries.3 8. Most migrants resident in Spain are of European origin (34.98%), Latin American origin (29.85%) or African origin (27.44%). Of the total number 21.18% are Moroccans. The migrants are mostly concentrated in Catalonia, Madrid and Andalucia. The number of migrant women and minors has increased. There has also been an undetermined increase in the number of illegal migrants. A. Legal framework 9. In 1985, the first Spanish law on immigration, the Aliens Act, was adopted. In this legislation the phenomenon of migration was largely viewed as a temporary matter and immigrants were regarded as workers whose condition was regulated by the Ministry of Labour. In 1986, the regulations relating to the 1985 Act were promulgated; these approached immigration as a structural phenomenon and recognized that foreigners had a number of subjective rights. In the year 2000 the Organization Act on rights and freedoms of foreigners in Spain and their social integration (Act No. 4/2000) was adopted. Again in 2000, Act No. 8/2000 amended the above-mentioned Organization Act. Some of the provisions of the regulations relating to this Act have been rescinded by the decision of 20 March 2003 of the Supreme Court, which considered that they exceeded the legal mandate. After the Special Rapporteur’s visit, a new Organization Act (Act No. 14/2003), amending the Aliens Act, was adopted. 10. Recent changes in national legislation have been influenced by the development of migration policy in the European Union, within the framework of the “creation of an area of freedom, security and justice”, in accordance with the idea developed by the Tampere Council of 1999, on the basis of the Amsterdam Treaty. The creation of this area entails measures of access and control, measures for the integration of legal residents and measures to combat illegal immigration. 1. Protection of the human rights of migrants 11. The Aliens Act applies to those persons who are not nationals of Spain or any other European Union. Article 3 of the Act establishes that foreigners shall enjoy the rights and freedoms guaranteed under Title I of the Constitution,4 in the terms established by the treaties and the law in accordance with Article 13.1 of the Constitution. Article 10.2 of the Constitution states: “The provisions relating to the fundamental rights and freedoms recognized by the Constitution shall be interpreted in accordance with the Universal Declaration of Human Rights 3 According to a recent study published by the National Institute for Statistics, the number of foreigners listed on municipal registers was 1,984,573, which amounted to 4.7% of the total population. 4 Title I defines the fundamental rights and duties and their guarantees, and establishes the dignity of the human person, the inviolable rights inherent in the person, the free development of personality, and respect for the law and the rights of others, which are fundamental to public order and social peace.