Maggie Vorlop
Spain
4th Main Committee
Protection of Migrant Workers
Within the past two decades, the European Union has seen a rapid influx of migrants seeking economic prosperity and jobs in Europe. With the increase in profitability in European countries such as Spain, many people living in Northern Africa and in Middle Eastern war zones left home in search of a job. Migrants became a controversial issue for Spain in 1985, following the establishment of the first immigration laws. However, the protection of these migrant workers were regarded in quite harsh terms, which made it extremely hard to live legally as a migrant in Spain. Because of this, immigration wasn’t an overpowering issue until the early 2000s.
For asylum seekers, The Law on the Right to Asylum and Refugee Status is the principal judicial peace of information regarding their liberty. It states, “asylum seekers have the right to interpreters, legal counsel and medical assistance. Applicants can stay in Spain for up to sixty days while their application is pending. Favorable rulings guaranteed the right to social, health and education welfare and work permit. Those who are denied asylum must leave Spain, usually within sixty days.” Those who are granted asylum, search for a temporary work visa. According to the migrant worker programs in Spain, “A temporary work visa allows a worker to work for up to nine months within a twelve-month period. In order to obtain a temporary work visa, the employer must secure housing facilities that are clean and in dignified condition for the prospective workers. Temporary workers also have access to social services. Temporary work should be offered preferably to countries that have signed bilateral migration agreements with Spain. Temporary work visas may be extended for nine months if the labor contract is extended.” Including this, “Family members of temporary workers may be issued a temporary residence visa under the family reunification rules.”
Migrants from other countries in the EU and those of the Schengen areaare allowed to enter Spain, retain property and have a job under the provisions of the Maastricht Treaty. However, non-EU migrants require a permit. In 2000, Spain passed the Organic Law on Rights and Freedoms of Aliens in Spain and their Social integration, hoping to prevent xenophobia, human trafficking, and discrimination. In article 2, aliens are “granted freedom of movement, the right to choose their place of residence, the right to perform remunerated activities either by self-employment or employment by another, as well as access to social security, and the right to be hired at the service of the Public Administration.”
Following the institution of the Aliens Act, came the Plan Greco which was created to address and promote four key areas. According to the Migration Policy Institute these vital concepts are “Global, coordinated design of immigration as a desirable phenomenon for Spain, as a member of the European Union, integration of foreign residents and their families as active contributors to the growth of Spain,
admission regulation to ensure peaceful coexistence within Spanish society, and management of the shelter scheme for refugees and displaced persons.” The Plan Greco shows Spain’s willingness to integrate legal migrants into its society.
Throughout the 2000s both migrants and refugees continued to enter Spain and use it as a way-station for a better life, both legally and illegally. This created major problems throughout Spain. Though most of the Migrants were occupying secondary jobs, like roles in the construction business, many were playing increasing roles in Spain’s worsening economy. Unemployment and an economic crisis struck the country. Many of the natives were unable to find jobs due to the foreigners, but until 2006 the Spanish government did little to prevent the rapid influx.
In 2006, Spain’s Foreign Minister Miguel Angel Moratinos traveled to Senegal to make a deal about immigration to the Canary Islands. The islands, under Spanish control were ideal for illegal immigrants coming from North Eastern Africa, including Senegal. Although nearly 30,000 Senegalese were currently living there illegally, the Spanish Government promised to grant 4,000 of those people a work permit. The Spanish also promised to protect the migrants from xenophobic behavior. In return, the Senegalese Government would prevent illegal immigrants from entering illegally. The goal for this benefiting relationship between these two countries is to inspire others to legalize themselves and request a work permit, instead of coming over illegally.
Though the deal with Senegal may have promoted legal action in the Canary Islands, it hasn’t in the Spanish regions of Melilla and Ceuta located on two northern peninsulas of Africa. In an attempt to stop illegal immigrants and promote legal ones, fences were built and high security systems were put into place.
Over the past 30 years, the Spanish immigration policy and its promise to protect the migrant workers has broadened and expanded in hopes to create a better life for those migrants with legal status. The general public of Spain accepts the migrants with a practical mindset. Spain has transformed into a multicultural region, now that the economic crisis has passed, and benefits from the work of the Migrants. Spain supports the positive culture that the migrants have brought with them and intends to embrace it.
Works Cited:
Rodriguez-Ferrand, Graciela. “Guest Worker Programs: Spain.” Guest Worker Programs: Spain |
Law Library of Congress, 1 Feb. 2013,
“EurWORK European Observatory of Working Life.” Employment and Working Conditions of Migrant
Workers – Spain | Eurofound,
“COMMITTEE ON MIGRANT WORKERS.” OHCHR | Committee on Migrant Workers,
Pérez, Ortega. “Spain: Forging an Immigration Policy.” Migrationpolicy.org, 2 Mar. 2017,