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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORTS FROM SPAIN
25 February 2004
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Committee on the Elimination
of Racial Discrimination 25 February 2004
The Committee on the Elimination of Racial Discrimination has concluded its review of the sixteenth and seventeenth periodic reports of Spain on how that country complies with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the reports, Juan Manuel Cabrera, Director of the Human Rights Office of the Ministry of Foreign Relations of Spain, said substantial demographic and legal changes had occurred since the Convention entered into force for Spain in 1969. At the end of 2003, 1.6 million foreigners were residing in Spain. The Government had put in place new legal provisions with the aim of combating racism and racial discrimination. The creation of the Spanish Observatory for Racism and Xenophobia was an example of the State’s efforts in that area.
The reports were also introduced by Maria Dolores Diez Gutierrez from the Ministry of Justice; Jose Joaquin Goma from the Ministry of the Interior; Jaime Cisneros Garcia from the Ministry of Education; and Aurelio Fernandez Lopez and Manuel Porras Munoz from the Ministry of Labour and Social Affairs.
Committee Experts including Jose A. Lindgren Alves, the group’s country rapporteur for the reports of Spain, raised a series of questions on, among other things, the integration of “Gypsies”; how asylum seekers and refugees were treated; and the introduction of the inter-cultural educational system.
The final conclusions and recommendations on the reports of Spain will be issued towards the end of the session, which concludes on 12 March. In preliminary remarks, Mr. Lindgren Alves noted that the reports, including the updates provided by the delegation, had been extremely valuable. The Committee had had a genuine dialogue with the members of the delegation. The delegation had practically brought new reports, which had produced a fruitful dialogue.
Members of the Spanish delegation also included Joaquin Pérez-Villanueva y Tovar, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva; Joaquin Maria de Aristegui Laborde from the Permanent Mission of Spain in Geneva; and Margerita de la Rasilla, from the Human Rights Office of Spain.
As one of the 169 States parties to the Convention, Spain must present periodic reports to the Committee on efforts to eradicate racism and racial discrimination.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the fifteenth and sixteenth periodic reports of Sweden (CERD/C/452/Add.4).
Reports of Spain
The sixteenth and seventeenth periodic reports of Spain (CERD/C/431/Add.1) provide information on the State party’s efforts to eradicate racial discrimination in the country. They say that the policy adopted by Spain to eliminate various forms of racial discrimination is based on a series of legislative, legal, administrative and other measures, all of which embody the principles of non-discrimination, equality and tolerance. With respect to new measures taken by Spain to condemn racial discrimination and continue the development of the policy of eliminating racial discrimination in all its forms, attention is drawn to the various actions taken, with particular regard to foreigners and the national population of Roma origin.
The reports note that with regard to measures taken to condemn racial segregation and apartheid and to prevent, prohibit and eliminate all such practices, the Spanish Constitution and the criminal legal system unequivocally condemn segregation. The Forum for the Social Integration of Immigrants, established to facilitate the participation and integration of immigrants in Spanish society, plays an important role. With respect to measures taken to eliminate incitement to acts of racial discrimination, attention is drawn to criminal legislation in that area.
In connection with Spain’s commitment to prohibit racial discrimination in all its forms and to guarantee the right of all to equality before the law without distinction, the rights and fundamental freedoms guaranteed in the Constitution extend not only to Spanish citizens but also to foreigners, with the exception of the rights recognized on the exercise of active and passive suffrage, the reports say. Further, considerable efforts have been implemented in the field of teaching, education, culture and information to counter racial discrimination and promote understanding and tolerance. A new act has been adopted to promote a pluralistic and intercultural society through a new mandatory subject at the secondary education level on society, culture and religion, intended to transmit knowledge and awareness of cultural diversity and offer a forum in educational institutions for the various cultures and religions.
Introduction of Reports
JUAN MANUEL CABRERA, Director of the Human Rights Office of the Ministry of Foreign Relations of Spain, said substantial demographic and legal changes had occurred since the Convention entered into force for Spain in 1969. The Government had seen an important demographic evolution, the Director said, adding that at the end of 2003, the number of foreigners living in the country was estimated to be 1.6 million, which was a 24 per cent increase over the number in 2002.
The Government had put in place legal provisions within its legal system with the aim of combating racism and racial discrimination, Mr. Cabrera said. Immigration was considered as one of the causes for the breeding of racism and xenophobia, as well as other forms of intolerance, and the Government had taken legislative and administrative measures to prevent their occurrence. The creation of the Spanish Observatory for Racism and Xenophobia was an example of the State’s efforts in that area.
The Spanish Constitution did not recognize the Roma community as a minority, Mr. Cabrera said. The Constitution formally recognized neither the existence of national nor ethnic minorities. However, it guaranteed and protected the rights of people with different cultures, traditions, languages and national origins. At present, there were around 650,000 persons of Roma origin comprising 1.5 per cent of the Spanish population.
MARIA DOLORES DIEZ GUTIERREZ, Ministry of Justice of Spain, said that a series of amendments had been introduced and adopted into the country’s legislation in connection with efforts to combat racial discrimination. The entry into force of the new Criminal Code had introduced significant changes to measures to combat racism and intolerance. Article 149 had been introduced, making female genital mutilation a criminal offence. While the perpetrators were held responsible for their criminal acts, the victims were provided with special rehabilitation facilities. The new Criminal Code had also made the commission of an offence for reasons involving racism, anti-Semitism or any other kind of discrimination based on race or ethnicity a circumstance aggravating criminal responsibility.
JOSE JOAQUIN GOMA, Ministry of the Interior of Spain, said that the Government had adopted new laws concerning immigration and combating discrimination against individuals illegally found in its territory. The new law also provided for the social and economic integration of those who entered the country through the regular channels of immigration. Other provisions also dealt with combating illegal forms of immigration and ill-treatment of illegal immigrants.
JAIME CISNEROS GARCIA, Ministry of Education of Spain, said the country was undergoing changes in its educational system in order to achieve equality in education for all. The public authorities organized educational activities in all regions and made all resources available to education. The reform in equality and quality in education had to be continued to achieve the educational goals. The transmission of democratic values to and the engagement of dialogue within the society were necessary to ensure multiculturalism. Civil society was also expected to play an important role in enhancing quality education. Education for the Roma people had also been highlighted through a State subsidy provided to Roma organizations involved in cultural and educational promotion. The Government had also coordinated and organized training for Roma teachers.
AURELIO FERNANDEZ LOPEZ, Ministry of Labour and Social Affairs of Spain, said measures had been taken to implement programmes for the advancement and social integration of migrants, asylum seekers, refugees and displaced persons. The programme to which assistance had been granted had followed the priorities laid down in the plan for the social integration of migrants and those established under the programme. There had been a steady increase in resources for the social integration of the immigrant population.
MANUEL PORRAS MUNOZ, Ministry of Labour and Social Affairs of Spain, said that the Roma population had been living in the country for the last few centuries. The Government and the autonomous regions were providing assistance and other social protection facilities to the Roma. A programme aimed at promoting Roma organizations had been successful because of its efforts in integrating the Roma community and minimizing societal prejudices towards the Roma. The programme had also impacted on the community’s health and educational situation by improving the access of Roma to such services. The Government had realized that empowering Roma organizations was important in order to enable the community to handle its own affairs and to have a good relationship with the authorities.
Discussion
JOSE A. LINDGREN ALVES, the Committee Expert serving as country rapporteur to the reports of Spain, said the delegation had extensively dealt with the situation in the country in its introduction. He asked about the status of languages other than Spanish in the country, for example the one spoken in the Canary Islands.
The rapporteur said that the great part of the report dealt with laws on migration and the measures taken to reform them. He wanted to know if the latest reform on illegal immigration might lead to the violation of the basic rights of the illegal immigrants. The Government had not provided data based on racial origin. It was difficult to assess the extent of measures taken, in the form of affirmative action, in favour of racial groups. The fact that Spain recognized the existence of the Roma community was welcomed, but there was no information on the other groups of African origin or mixed Spaniards.
Mr. Lindgren recalled that the Special Rapporteur of the Commission on Human Rights on migrants had visited the country last year. After visiting prisons, she had indicated that detained persons were made to sign documents that they did not understand. Also, the report did not sufficiently deal with the work and achievements of the “Spanish Observatory on Racism and Xenophobia”, and the delegation was asked to provide such information.
The rapporteur said the report gave information about Roma people and the efforts made to enable them to have access to health and education. Were they so fully integrated that they could no more be identified as Roma or Gypsies?
It was important that the delegation provide information on the implementation of article 4 of the Convention concerning the State party’s condemnation of all propaganda and all organizations that were based on ideas of racial superiority, Mr. Lindgren said. Advocating Nazi ideas could not be ignored by the State party on the pretext of protecting individual freedom of expression. Did the Government ban organizations based on racial superiority?
Other Committee Experts also raised a number of questions. An Expert said that Spain had been a centre of attraction to immigrants in recent years. He asked how the Government was ensuring the respect of the human rights of those who were involved in illegal immigration. What was the situation of children born in Spain to illegal immigrants with regard to their education? The tremendous efforts exerted by Spain in combating trafficking in persons, particularly those brought from Latin America, had been significant. What further achievements were made in that area? What was the outcome of the efforts to change the attitudes and prejudices towards the Roma people?
Another Expert said that the report did not mention anything about the measures taken to combat anti-Semitism. How was the situation concerning that issue? Many European countries had taken measures to fight the phenomenon of anti-Semitism. He asked if the Government had taken measures against acts of female genital mutilation practised by immigrants.
An Expert said he found positive aspects in the report with regard to measures taken concerning Roma people. However, there were still negative aspects concerning the progress in education and anti-discrimination relating to that group. He also asked how the quota system for migrant workers could be developed in the future? What was the fate of the undocumented migrant workers? What measures were taken to guarantee respect for the Berber language in the Spanish enclave of Milea.
Other Committee Experts asked about the acceptance of the cultures of the immigrant community by Spain; the fate of foreigners sheltered by churches and sleeping on the streets; the participation of Roma people in the affairs of the country; the breakdown of the population on ethnic grounds; the existence of linguistic discrimination in Catalonia and the Basque Country, for example; the reasons for using the term “Gypsy” instead of the usual Roma; and anti-Arab sentiments in connection with the war in Iraq.
Responding, the delegation said Spain has formulated a series of follow-up measures to implement the Durban Declaration. With regard to the question on anti-Semitism, there were no such incidents in Spain. Any act of anti-Semitism, racism or xenophobia was prosecuted and punished.
Reacting to a comment made by one of the Committee’s Experts concerning the war in Iraq and Spain’s involvement, the members of the delegation said that they came before the Committee not to discuss international politics but to discuss the State party’s efforts in combating racial discrimination. The people and Government of Spain did not consider Arabs as terrorists, contrary to the views expressed by the Expert during yesterday’s discussion. Ties of friendship linked Spain with Arab countries.
The Spanish Observatory of Racism and Xenophobia was a collegial body that collected and analysed data related to racism and xenophobia, the delegation said. Its activities contributed to the formulation of policies on the issue.
The statistics collected in Spain on immigrants were based on nationality and not on ethnic or racial grounds, the delegation said. The Government had been providing vocational training to immigrants who wished to return to their countries of origin while implementing programmes to help illegal immigrants, including those who penetrated the territory offshore.
The delegation said that under the programme of “GRECO”, actions had been undertaken for the promotion and social integration of migrants and refugees through cooperation with non-governmental organizations, migrant and refugee associations and trade union organizations; and through the management of programmes under the general subsidy scheme of the Government for immigrants and other categories of foreigners.
On human rights training for the police, the delegation said that a law had been put in place that obliged law enforcement personnel to act in a determined manner without committing any violation. The police was compelled to act within the guidelines provided by the law and to provide objective information to the judiciary concerning their professional performances. The forces of law and order could not arrest any one without concert reasons.
Foreigners enjoyed the same rights as Spaniards, the delegation said. All foreigners had similar rights in matters of health and education, including those legal and illegal immigrants.
Entry into Spain required travel documents and visas, the delegation said. The presence of a foreigner without a visa or a residence permit was considered to be a serious offence. Persons who were subjected to expulsion could be placed under detention with all their rights respected. They could communicate with the officials of their consular representatives. The courts decided on the internment of foreigners and the judicial authorities inspected their conditions. Minors were not subjected to expulsion; however, a memorandum of understanding had been signed between Morocco and Spain concerning trafficking of minors through Melea.
With regard to the crime of female genital mutilation, the delegation said it was only recently introduced into the Spanish legal system and the judiciary lacked experience in it. However, the State was trying to cope with the social reality. The complex situation of proving the fact had made it difficult to prosecute such types of crimes committed outside Spain.
Organizations whose activities were proved to be racist could be dissolved after a substantial legal process in the courts, the delegation said. Only courts could dissolve any organization that was operating legally.
In the last few years, the number of foreigners in Spanish schools had increased, the delegation said. The cultural influence of foreigners was also growing. The Government provided linguistic assistance to families and children of immigrants. Educational and cultural support programmes were also made available to foreign students, in addition to regular educational classrooms.
The Ombudsman was a representative of the country’s parliament and oversaw the equal treatment of persons by the administration and other institutions, the delegation said. The Ombudsman also observed the implementation of the rights provided by the Constitutional provisions and could initiate any inquiry following a complaint on violations of racial discrimination.
Concerning the “Gypsies”, the delegation said that the long history of intolerance towards that group of people by the majority population had led to the current prejudice. However, the Government was promoting programmes to increase awareness of the problem on both sides. A survey had shown that the prejudices towards the Roma community had increased. While many Roma people had been integrated, there were still some who were marginalized in terms of jobs. Specific programmes had been implemented to enhance the integration of Roma people and to improve their coexistence within the society.
An Expert said that the comment made by the delegation on Spain and Iraq was unacceptable. He said he had mentioned Iraq as an example to illustrate the current situation. By siding with the United States, Spain had occupied Iraq. It could not be denied that Spain enjoyed wonderful relations with Arabs. The United States Secretary of State, who later changed his tone, directly or indirectly, had linked some of the Arab countries to terrorism. The Spanish Foreign Minister had aligned herself with that statement. He based himself on article 4, paragraph 2, of the Convention, which was “declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law”.
Other Committee members also raised the rights of different minority groups that were not recognized constitutionally; the difficult conditions in which asylum seekers lived; inter-cultural education; and detainees who were subjected to expulsion, among other things.
Reacting, the delegation said that there was no generic assimilation and condemnation of Arabs as terrorists. The El Pais newspaper had never published an editorial comment associating Arabs with terrorism, as alluded by the Expert. Spaniards had great respect and affection for the Arab people. However, the objective of the dialogue with the Committee was not to determine the foreign policy of the State party.
Preliminary Remarks
JOSE A. LINDGREN ALVES, the Committee Expert who served as country rapporteur to the reports of Spain, said the reports, including the updates provided by the delegation, had been extremely valuable. The Committee had had a genuine dialogue with the delegation. Spain had been implementing the Committee’s recommendations made on the previous reports. The subject of Gypsies would undoubtedly be mentioned in the Committee’s conclusions. The delegation had practically brought new reports, which had produced a fruitful dialogue.
* *** *
of Racial Discrimination 25 February 2004
The Committee on the Elimination of Racial Discrimination has concluded its review of the sixteenth and seventeenth periodic reports of Spain on how that country complies with the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
Introducing the reports, Juan Manuel Cabrera, Director of the Human Rights Office of the Ministry of Foreign Relations of Spain, said substantial demographic and legal changes had occurred since the Convention entered into force for Spain in 1969. At the end of 2003, 1.6 million foreigners were residing in Spain. The Government had put in place new legal provisions with the aim of combating racism and racial discrimination. The creation of the Spanish Observatory for Racism and Xenophobia was an example of the State’s efforts in that area.
The reports were also introduced by Maria Dolores Diez Gutierrez from the Ministry of Justice; Jose Joaquin Goma from the Ministry of the Interior; Jaime Cisneros Garcia from the Ministry of Education; and Aurelio Fernandez Lopez and Manuel Porras Munoz from the Ministry of Labour and Social Affairs.
Committee Experts including Jose A. Lindgren Alves, the group’s country rapporteur for the reports of Spain, raised a series of questions on, among other things, the integration of “Gypsies”; how asylum seekers and refugees were treated; and the introduction of the inter-cultural educational system.
The final conclusions and recommendations on the reports of Spain will be issued towards the end of the session, which concludes on 12 March. In preliminary remarks, Mr. Lindgren Alves noted that the reports, including the updates provided by the delegation, had been extremely valuable. The Committee had had a genuine dialogue with the members of the delegation. The delegation had practically brought new reports, which had produced a fruitful dialogue.
Members of the Spanish delegation also included Joaquin Pérez-Villanueva y Tovar, Ambassador and Permanent Representative of Spain to the United Nations Office at Geneva; Joaquin Maria de Aristegui Laborde from the Permanent Mission of Spain in Geneva; and Margerita de la Rasilla, from the Human Rights Office of Spain.
As one of the 169 States parties to the Convention, Spain must present periodic reports to the Committee on efforts to eradicate racism and racial discrimination.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its consideration of the fifteenth and sixteenth periodic reports of Sweden (CERD/C/452/Add.4).
Reports of Spain
The sixteenth and seventeenth periodic reports of Spain (CERD/C/431/Add.1) provide information on the State party’s efforts to eradicate racial discrimination in the country. They say that the policy adopted by Spain to eliminate various forms of racial discrimination is based on a series of legislative, legal, administrative and other measures, all of which embody the principles of non-discrimination, equality and tolerance. With respect to new measures taken by Spain to condemn racial discrimination and continue the development of the policy of eliminating racial discrimination in all its forms, attention is drawn to the various actions taken, with particular regard to foreigners and the national population of Roma origin.
The reports note that with regard to measures taken to condemn racial segregation and apartheid and to prevent, prohibit and eliminate all such practices, the Spanish Constitution and the criminal legal system unequivocally condemn segregation. The Forum for the Social Integration of Immigrants, established to facilitate the participation and integration of immigrants in Spanish society, plays an important role. With respect to measures taken to eliminate incitement to acts of racial discrimination, attention is drawn to criminal legislation in that area.
In connection with Spain’s commitment to prohibit racial discrimination in all its forms and to guarantee the right of all to equality before the law without distinction, the rights and fundamental freedoms guaranteed in the Constitution extend not only to Spanish citizens but also to foreigners, with the exception of the rights recognized on the exercise of active and passive suffrage, the reports say. Further, considerable efforts have been implemented in the field of teaching, education, culture and information to counter racial discrimination and promote understanding and tolerance. A new act has been adopted to promote a pluralistic and intercultural society through a new mandatory subject at the secondary education level on society, culture and religion, intended to transmit knowledge and awareness of cultural diversity and offer a forum in educational institutions for the various cultures and religions.
Introduction of Reports
JUAN MANUEL CABRERA, Director of the Human Rights Office of the Ministry of Foreign Relations of Spain, said substantial demographic and legal changes had occurred since the Convention entered into force for Spain in 1969. The Government had seen an important demographic evolution, the Director said, adding that at the end of 2003, the number of foreigners living in the country was estimated to be 1.6 million, which was a 24 per cent increase over the number in 2002.
The Government had put in place legal provisions within its legal system with the aim of combating racism and racial discrimination, Mr. Cabrera said. Immigration was considered as one of the causes for the breeding of racism and xenophobia, as well as other forms of intolerance, and the Government had taken legislative and administrative measures to prevent their occurrence. The creation of the Spanish Observatory for Racism and Xenophobia was an example of the State’s efforts in that area.
The Spanish Constitution did not recognize the Roma community as a minority, Mr. Cabrera said. The Constitution formally recognized neither the existence of national nor ethnic minorities. However, it guaranteed and protected the rights of people with different cultures, traditions, languages and national origins. At present, there were around 650,000 persons of Roma origin comprising 1.5 per cent of the Spanish population.
MARIA DOLORES DIEZ GUTIERREZ, Ministry of Justice of Spain, said that a series of amendments had been introduced and adopted into the country’s legislation in connection with efforts to combat racial discrimination. The entry into force of the new Criminal Code had introduced significant changes to measures to combat racism and intolerance. Article 149 had been introduced, making female genital mutilation a criminal offence. While the perpetrators were held responsible for their criminal acts, the victims were provided with special rehabilitation facilities. The new Criminal Code had also made the commission of an offence for reasons involving racism, anti-Semitism or any other kind of discrimination based on race or ethnicity a circumstance aggravating criminal responsibility.
JOSE JOAQUIN GOMA, Ministry of the Interior of Spain, said that the Government had adopted new laws concerning immigration and combating discrimination against individuals illegally found in its territory. The new law also provided for the social and economic integration of those who entered the country through the regular channels of immigration. Other provisions also dealt with combating illegal forms of immigration and ill-treatment of illegal immigrants.
JAIME CISNEROS GARCIA, Ministry of Education of Spain, said the country was undergoing changes in its educational system in order to achieve equality in education for all. The public authorities organized educational activities in all regions and made all resources available to education. The reform in equality and quality in education had to be continued to achieve the educational goals. The transmission of democratic values to and the engagement of dialogue within the society were necessary to ensure multiculturalism. Civil society was also expected to play an important role in enhancing quality education. Education for the Roma people had also been highlighted through a State subsidy provided to Roma organizations involved in cultural and educational promotion. The Government had also coordinated and organized training for Roma teachers.
AURELIO FERNANDEZ LOPEZ, Ministry of Labour and Social Affairs of Spain, said measures had been taken to implement programmes for the advancement and social integration of migrants, asylum seekers, refugees and displaced persons. The programme to which assistance had been granted had followed the priorities laid down in the plan for the social integration of migrants and those established under the programme. There had been a steady increase in resources for the social integration of the immigrant population.
MANUEL PORRAS MUNOZ, Ministry of Labour and Social Affairs of Spain, said that the Roma population had been living in the country for the last few centuries. The Government and the autonomous regions were providing assistance and other social protection facilities to the Roma. A programme aimed at promoting Roma organizations had been successful because of its efforts in integrating the Roma community and minimizing societal prejudices towards the Roma. The programme had also impacted on the community’s health and educational situation by improving the access of Roma to such services. The Government had realized that empowering Roma organizations was important in order to enable the community to handle its own affairs and to have a good relationship with the authorities.
Discussion
JOSE A. LINDGREN ALVES, the Committee Expert serving as country rapporteur to the reports of Spain, said the delegation had extensively dealt with the situation in the country in its introduction. He asked about the status of languages other than Spanish in the country, for example the one spoken in the Canary Islands.
The rapporteur said that the great part of the report dealt with laws on migration and the measures taken to reform them. He wanted to know if the latest reform on illegal immigration might lead to the violation of the basic rights of the illegal immigrants. The Government had not provided data based on racial origin. It was difficult to assess the extent of measures taken, in the form of affirmative action, in favour of racial groups. The fact that Spain recognized the existence of the Roma community was welcomed, but there was no information on the other groups of African origin or mixed Spaniards.
Mr. Lindgren recalled that the Special Rapporteur of the Commission on Human Rights on migrants had visited the country last year. After visiting prisons, she had indicated that detained persons were made to sign documents that they did not understand. Also, the report did not sufficiently deal with the work and achievements of the “Spanish Observatory on Racism and Xenophobia”, and the delegation was asked to provide such information.
The rapporteur said the report gave information about Roma people and the efforts made to enable them to have access to health and education. Were they so fully integrated that they could no more be identified as Roma or Gypsies?
It was important that the delegation provide information on the implementation of article 4 of the Convention concerning the State party’s condemnation of all propaganda and all organizations that were based on ideas of racial superiority, Mr. Lindgren said. Advocating Nazi ideas could not be ignored by the State party on the pretext of protecting individual freedom of expression. Did the Government ban organizations based on racial superiority?
Other Committee Experts also raised a number of questions. An Expert said that Spain had been a centre of attraction to immigrants in recent years. He asked how the Government was ensuring the respect of the human rights of those who were involved in illegal immigration. What was the situation of children born in Spain to illegal immigrants with regard to their education? The tremendous efforts exerted by Spain in combating trafficking in persons, particularly those brought from Latin America, had been significant. What further achievements were made in that area? What was the outcome of the efforts to change the attitudes and prejudices towards the Roma people?
Another Expert said that the report did not mention anything about the measures taken to combat anti-Semitism. How was the situation concerning that issue? Many European countries had taken measures to fight the phenomenon of anti-Semitism. He asked if the Government had taken measures against acts of female genital mutilation practised by immigrants.
An Expert said he found positive aspects in the report with regard to measures taken concerning Roma people. However, there were still negative aspects concerning the progress in education and anti-discrimination relating to that group. He also asked how the quota system for migrant workers could be developed in the future? What was the fate of the undocumented migrant workers? What measures were taken to guarantee respect for the Berber language in the Spanish enclave of Milea.
Other Committee Experts asked about the acceptance of the cultures of the immigrant community by Spain; the fate of foreigners sheltered by churches and sleeping on the streets; the participation of Roma people in the affairs of the country; the breakdown of the population on ethnic grounds; the existence of linguistic discrimination in Catalonia and the Basque Country, for example; the reasons for using the term “Gypsy” instead of the usual Roma; and anti-Arab sentiments in connection with the war in Iraq.
Responding, the delegation said Spain has formulated a series of follow-up measures to implement the Durban Declaration. With regard to the question on anti-Semitism, there were no such incidents in Spain. Any act of anti-Semitism, racism or xenophobia was prosecuted and punished.
Reacting to a comment made by one of the Committee’s Experts concerning the war in Iraq and Spain’s involvement, the members of the delegation said that they came before the Committee not to discuss international politics but to discuss the State party’s efforts in combating racial discrimination. The people and Government of Spain did not consider Arabs as terrorists, contrary to the views expressed by the Expert during yesterday’s discussion. Ties of friendship linked Spain with Arab countries.
The Spanish Observatory of Racism and Xenophobia was a collegial body that collected and analysed data related to racism and xenophobia, the delegation said. Its activities contributed to the formulation of policies on the issue.
The statistics collected in Spain on immigrants were based on nationality and not on ethnic or racial grounds, the delegation said. The Government had been providing vocational training to immigrants who wished to return to their countries of origin while implementing programmes to help illegal immigrants, including those who penetrated the territory offshore.
The delegation said that under the programme of “GRECO”, actions had been undertaken for the promotion and social integration of migrants and refugees through cooperation with non-governmental organizations, migrant and refugee associations and trade union organizations; and through the management of programmes under the general subsidy scheme of the Government for immigrants and other categories of foreigners.
On human rights training for the police, the delegation said that a law had been put in place that obliged law enforcement personnel to act in a determined manner without committing any violation. The police was compelled to act within the guidelines provided by the law and to provide objective information to the judiciary concerning their professional performances. The forces of law and order could not arrest any one without concert reasons.
Foreigners enjoyed the same rights as Spaniards, the delegation said. All foreigners had similar rights in matters of health and education, including those legal and illegal immigrants.
Entry into Spain required travel documents and visas, the delegation said. The presence of a foreigner without a visa or a residence permit was considered to be a serious offence. Persons who were subjected to expulsion could be placed under detention with all their rights respected. They could communicate with the officials of their consular representatives. The courts decided on the internment of foreigners and the judicial authorities inspected their conditions. Minors were not subjected to expulsion; however, a memorandum of understanding had been signed between Morocco and Spain concerning trafficking of minors through Melea.
With regard to the crime of female genital mutilation, the delegation said it was only recently introduced into the Spanish legal system and the judiciary lacked experience in it. However, the State was trying to cope with the social reality. The complex situation of proving the fact had made it difficult to prosecute such types of crimes committed outside Spain.
Organizations whose activities were proved to be racist could be dissolved after a substantial legal process in the courts, the delegation said. Only courts could dissolve any organization that was operating legally.
In the last few years, the number of foreigners in Spanish schools had increased, the delegation said. The cultural influence of foreigners was also growing. The Government provided linguistic assistance to families and children of immigrants. Educational and cultural support programmes were also made available to foreign students, in addition to regular educational classrooms.
The Ombudsman was a representative of the country’s parliament and oversaw the equal treatment of persons by the administration and other institutions, the delegation said. The Ombudsman also observed the implementation of the rights provided by the Constitutional provisions and could initiate any inquiry following a complaint on violations of racial discrimination.
Concerning the “Gypsies”, the delegation said that the long history of intolerance towards that group of people by the majority population had led to the current prejudice. However, the Government was promoting programmes to increase awareness of the problem on both sides. A survey had shown that the prejudices towards the Roma community had increased. While many Roma people had been integrated, there were still some who were marginalized in terms of jobs. Specific programmes had been implemented to enhance the integration of Roma people and to improve their coexistence within the society.
An Expert said that the comment made by the delegation on Spain and Iraq was unacceptable. He said he had mentioned Iraq as an example to illustrate the current situation. By siding with the United States, Spain had occupied Iraq. It could not be denied that Spain enjoyed wonderful relations with Arabs. The United States Secretary of State, who later changed his tone, directly or indirectly, had linked some of the Arab countries to terrorism. The Spanish Foreign Minister had aligned herself with that statement. He based himself on article 4, paragraph 2, of the Convention, which was “declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law”.
Other Committee members also raised the rights of different minority groups that were not recognized constitutionally; the difficult conditions in which asylum seekers lived; inter-cultural education; and detainees who were subjected to expulsion, among other things.
Reacting, the delegation said that there was no generic assimilation and condemnation of Arabs as terrorists. The El Pais newspaper had never published an editorial comment associating Arabs with terrorism, as alluded by the Expert. Spaniards had great respect and affection for the Arab people. However, the objective of the dialogue with the Committee was not to determine the foreign policy of the State party.
Preliminary Remarks
JOSE A. LINDGREN ALVES, the Committee Expert who served as country rapporteur to the reports of Spain, said the reports, including the updates provided by the delegation, had been extremely valuable. The Committee had had a genuine dialogue with the delegation. Spain had been implementing the Committee’s recommendations made on the previous reports. The subject of Gypsies would undoubtedly be mentioned in the Committee’s conclusions. The delegation had practically brought new reports, which had produced a fruitful dialogue.
* *** *