Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Spain (Ratification: 1967)

1. Discrimination based on race, colour, religion and national extraction. In its observation of 2002, the Committee requested the Government, in view of these serious incidents that had occurred in 2000 in the provinces of Murcia, Alicante and Almeria affecting immigrant workers of Moroccan extraction, to indicate the measures taken with a view to raising public awareness and promoting tolerance towards minority groups and encouraging their integration in the economic and social life of the country.

2. The Committee notes that in reply to that observation, the Government merely repeats the information supplied in 2001 in the report on the Migration for Employment Convention (Revised), 1949 (No. 97), to the effect that a number of bodies have been established to deal with immigration policy and that a new programme has been adopted to regularize and coordinate immigration. No information has been provided on specific measures taken in order to raise public awareness and to promote tolerance towards minority groups.

3. The Committee notes, however, that the last report mentions other important new initiatives to combat discrimination. In particular, Act No. 62/2003 of 30 December 2003 establishes, in Chapter III, a series of measures to apply effectively and in practice the principle of equal treatment and non-discrimination particularly in respect of racial or ethnic origin, religion or belief, disability, age and sexual orientation. It introduces the notion of indirect discrimination into Spanish law and treats harassment on the above grounds as discrimination. It shifts the burden of proof where there is a clear presumption of discrimination on these grounds. It allows positive action in order to prevent and compensate disadvantages experienced by certain groups and the inclusion in collective agreements of measures to combat all forms of discrimination and to prevent harassment. The Act also sets up a Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin. The Council’s mandate is to assist the victims of discrimination and forward their complaints, to conduct studies and publish reports on the subject and to promote measures that can help to eliminate discrimination.

4. The Committee notes these measures with interest. It hopes that the next report will contain information on their application in practice, including:

-           the number and nature of complaints of breach of the provisions of the law dealing with discrimination in employment and occupation, and the outcome of such complaints;

-           programmes and plans of action to promote equal treatment in employment with regard to racial or ethnic origin;

-           any measures adopted under collective agreements pursuant to the Act; and

-           the activities of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin.

5. The Committee again expresses the hope that the next report will contain information on the awareness-raising and education programmes undertaken to promote, among the public, all levels of the competent authorities and at work, better understanding and greater tolerance towards persons belonging to minority groups, particularly immigrants and nationals of non-European extraction, and Roma/Gypsies. The Committee refers the Government in this connection to its observation on Convention No. 97 in which it examines the communication from the Moroccan Democratic Federation of Labour alleging aggression against Moroccan workers in Spain - evidence of the need for vigorous action to combat racist and xenophobic ideas.

6. The Committee hopes that the Government’s recent initiatives, particularly the creation of the Council to Promote Equal Treatment and Non-Discrimination with regard to Racial and Ethnic Origin will be an incentive to the collection of statistical and other data showing how members of minority groups fare on the labour market which can be used to formulate effective policies for these minorities and evaluate the policies’ practical outcomes.

The Committee is raising other points in a request addressed directly to the Government.