A/HRC/44/40/Add.2
D.
Migrants
70.
There are approximately 6 million migrants in Spain. 106 Those from outside the
European Union have the highest risk of poverty and social exclusion (56 per cent)
followed by European Union citizens (47.7 per cent) – both significantly higher than the
Spanish population (23.1 per cent).107 For children with at least one migrant parent, the risk
of poverty or social exclusion jumps to 49.6 per cent, the highest in the European Union.108
71.
Civil society organizations described a resettlement system that left migrants and
refugees unable to work and facing serious obstacles to decent housing because of the
shortage of supply, requirements for access and discrimination in allocation. They often
ended up in precarious or overcrowded situations. 109
72.
Civil society organizations described highly distressing situations for migrant
women and girls, especially those working in agriculture, including situations of high
vulnerability, sexual and commercial exploitation, institutional violence and a lack of
protection at the most basic levels. According to Women’s Link Worldwide, female
agricultural workers are often deceived as to the terms of their employment and face 10hour days, sudden termination, wages of far less than the promised 40 euros per day and
unreliable payments.110
73.
Unaccompanied children, a vulnerable population that has been demonized in the
current political debate, face an extremely concerning situation. Spain continues to use
debunked, unreliable age assessments to determine the age of unaccompanied minors,
including invasive and humiliating genital examinations, despite international censure
(CRC/C/81/D/16/2017, paras. 12.7–12.10). The rejection of minor status can leave the
individual without access to support or adult or child shelters, creating a gap that can push
children into poverty and lead to trafficking, sex work, sexual abuse, drug dependence or
even disappearance.111
74.
In Huelva, workers are living in a migrant settlement in conditions that rival the
worst the Special Rapporteur has seen anywhere in the world. They are kilometres away
from water and live without adequate sanitation or legal access to electricity. Many have
lived there for years and can afford to pay rent but said that no one would accept them as
tenants. They are earning as little as 30 euros per day and have almost no access to any
form of government support. One person said, “When there’s work, Spain needs migrants,
but no one is interested in our living conditions.” According to civil society, 2,300–2,500
people live in similar conditions during the strawberry season. In 2018–2019 the strawberry
crop in Huelva was worth 533 million euros. 112 The largest producer is Driscoll’s and its
associated companies, which have a set of labour standards that they state “apply to all
workers in our supply chain, with no distinction.” Given that the conditions in Huelva are
simply inhuman and the dominance of this multinational corporation in the local and global
strawberry industry, the Special Rapporteur plans to play a part in monitoring and
improving the unconscionable labour conditions prevailing in this area.
106
107
108
109
110
111
112
16
Ministerio de Trabajo, Migraciones y Seguridad Social, “Extranjeros residentes en España a 30 de
junio de 2019: principales resultados” September 2019, p. 1.
National Institute of Statistics, “Risk of poverty or social exclusion (AROPE indicator), by nationality
(persons aged 16 years old and over)”.
Eurostat, “Children at risk of poverty or social exclusion” (January 2019), p. 6, available from
https://ec.europa.eu/eurostat/statistics-explained/pdfscache/50126.pdf.
Submission from Comisión Española de Ayuda al Refugiado, p. 3, available from
www.ohchr.org/Documents/Issues/Poverty/VisitSpainSubmissions/15_CEAR.pdf.
Submission from Women’s Link Worldwide, pp. 2–3 and 5, available from
www.ohchr.org/Documents/Issues/Poverty/VisitSpainSubmissions/20_Women_Worldwide.pdf.
Submission from Fundación Raíces, pp. 1–2, available from www.ohchr.org/Documents/Issues/
Poverty/VisitSpainSubmissions/16_Fundacion_Raices.pdf.
Fresh Plaza, “Spain: Strawberry campaign in Huelva closes with positive figures”.
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