E/CN.4/2004/76/Add.2
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F. Conditions of employment and integration
59. Spain has established a system of employment quotas aimed at remedying the labour
shortage in the short and long terms. The Government recruits foreign workers only from their
countries of origin under bilateral agreements.
60. However, this raises a number of problems: migrants who have been working in Spain and
whose contract has ended do not have access to these opportunities, and so they stay in Spain in a
situation of resultant illegality; in addition, the Special Rapporteur was informed that in 2002
and 2003 labour needs were not met because of the complexity and slowness of the procedure,
the difficulty of foreseeing employment needs one year in advance, the reluctance to recruit
workers who do not know one another for jobs requiring mutual trust and, in general, the largely
inflexible nature of the system.
61. Official representatives, NGOs and Church representatives pointed out that a paradoxical
situation sometimes occurs: in the face of a need for workers and the availability of illegal foreign
workers who are not working or are working in the black economy, the law does not permit their
regularization. As the Special Rapporteur was able to appreciate, the situation becomes more
complicated when employers recruit migrants illegally because, apart from the fact that their
rights are infringed, hostility towards these persons is generated by the fact that they have
accepted working conditions inconsistent with national standards.
62. The Director-General for Consular Affairs stated that labour agreements have been signed
with the countries which are the greatest sources of migration (Ecuador, Colombia, Dominican
Republic, Morocco, Romania, Poland and Bulgaria). Nevertheless, there are problems in the
implementation of these agreements. The selection procedures take place in the countries of
origin through the consulates, which receive the offers, advertise them and process contracts. As
recognized by the Director-General and the People’s Advocate, the structure of the consular
system is not appropriate for the performance of these tasks, its geographical distribution is not
geared to current needs and the necessary resources in terms of training and personnel are not
available. Efforts have been made to remedy this situation through the creation of the new post of
“Chief of Visas” and the appointment of increased staff.
63. During her visit, the Special Rapporteur expressed her concern at the situation of the
agricultural workers in El Ejido, which has still to be resolved, and also at their working
conditions and the frequent attacks by xenophobic groups against the workers,
64. Most female legal or illegal immigrants in Spain work in the domestic sector. As the
Special Rapporteur was able to appreciate, the situation of these workers is complex. Many work
illegally and without social security, and are constantly exposed to exploitation. Those women
who are working legally are in a less vulnerable situation, but this does not mean they are
immune from possible exploitation, and they are always dependent on the renewal of their
contract in order to be able to renew their residence permit. In a number of interviews, the Special
Rapporteur was informed that women are discriminated against in terms of wages and conditions
of employment according to their nationality; Moroccan women would appear to be in an
especially vulnerable situation.
65. The Special Rapporteur learned how the cases of smuggling and trafficking become more
serious when they involve women who are obliged to engage in prostitution: some women accept
this work as a means of survival and to earn money to pay off debts in their country of origin,