E/CN.4/2004/76/Add.2
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while others, she was told, are exploited and in a virtual state of slavery. These women are
deprived of documentation and freedom of movement and are subject to threats against them
personally or relatives in their country of origin. She was told this by a number of Romanian
women who had been working in a club in Valencia, where their documentation was taken from
them and they were not examined by a doctor.
66. The Special Rapporteur interviewed a number of Latin American prostitutes in Madrid;
they expressed concern about their situation as they considered they were discriminated against
and ill-treated by the municipal police. They were also concerned about the lack of medical
supervision and the possibility of being obliged to work with businessmen as intermediaries. The
Special Rapporteur consulted a competent authority about the legal status of sex workers and was
told that the practice of prostitution in Spain was “non-legal”; in other words, it is neither
prohibited nor regulated by the law.
67. The Special Rapporteur was informed of the existence of a number of assistance and
reception programmes for migrants, including unaccompanied minors, conducted by NGOs in
cooperation with the Government under the GRECO plan. However, some organizations
mentioned the difficulties they encountered in their integration work owing to the lack of
resources and the administrative obstacles impeding the regularization of migrants.
68. Most of the illegal migrants remain in the large cities, such as Barcelona and Madrid, in a
legal limbo that does not allow them to regularize their situation or to be deported. Many are in
debt to the mafias which organize their journeys in small boats or to relatives who have lent them
money, and they end up working in the black economy or in prostitution. When illegal migrants
are enrolled on municipal registers, they enjoy certain rights, including medical assistance. The
new amendment of the relevant legislation provides for access by the State security forces and
bodies to the data on migrants contained in municipal registers, or held by the tax and social
security authorities. The adoption of this measure could mean that illegal migrants will not
receive basic minimum services because of their fear of being identified. In addition, in order to
be included in the register of non-European Community citizens, “the number of a valid passport
issued by the authorities of the country of origin” will be required; at present, any document
enabling the person concerned to be identified is accepted.
69. Some representatives of the Autonomous Communities expressed the need for greater
cooperation with the central Government. The large number of illegal migrants constitutes a
substantial cost for the Autonomous Communities and causes social tension in those regions
where the number of migrants causes greatest pressure. In addition, some NGOs expressed regret
at the lack of dialogue and cooperation with the government agencies.
70. The Special Rapporteur is very concerned at the discrepancy between the official policy of
opposing illegal migration and the tacit recognition of the existence of a “large number of
illegals” who are not allowed to regularize their situation except through the system of settlement,
after five years during which they are completely unprotected in the face of abuse and
exploitation. There is a need to find measures that take into account the Government’s concern to
avert the “appeal effect”. One of the proposals put forward was the possibility of permitting the
entry of seasonal agricultural workers, which would not prevent the Government from controlling
flows or prevent the immigrants from generating and obtaining social resources.
71. Another important aspect of integration is housing. As the Special Rapporteur was able to
appreciate, access to housing is made difficult by high rents, the difficulties of obtaining bank