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TITLE: SPAIN HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
SPAIN
Spain is a parliamentary democracy with a constitutional
monarch, King Juan Carlos I. In free and open elections held
in June 1993, Prime Minister Felipe Gonzalez was reelected to a
fourth term, albeit as head of a minority government.
The security forces are under the full control of the
government; allegations of human rights abuse are investigated,
and those found guilty are punished by law. Spanish security
services maintain anticorruption brigades that investigate
allegations of fraud and dishonesty within each service. Since
1989, a Special Advisor for Human Rights in the Ministry of the
Interior has been in charge of promoting humanitarian law and
training senior members of law enforcement groups in human
rights issues. Charges of police abuse of detainees were being
investigated at year's end.
The economy is market based, with primary reliance on private
initiative, although there are still a sizable number of public
sector enterprises. The economy lapsed into recession in 1992
and was expected to decline by approximately 1 percent in
1993. High unemployment, amounting to approximately 22 percent
as of September 1993, continued, due in part to the entry of
large numbers of people into the labor force.
The fundamental rights of freedom of speech, assembly, press,
religion, movement, and participation in the political process
are provided for in the Constitution of 1978 and are respected
in practice. The Basque Fatherland and Freedom Separatist
Group (ETA) continued to wage a protracted campaign of
terrorism, although the number of incidents declined in 1993.
The Government's efforts to bring individual terrorists to
justice resulted in accusations by detainees of ill-treatment.
In late September, two suspected ETA collaborators died while
in police custody due to circumstances that by year's end had
not been fully explained. Preliminary reports by the state
coroner and police investigations failed to find any evidence
of irregular police action. Other human rights problems
included de facto discrimination against Gypsies and increasing
reports of police mistreatment of illegal aliens.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no known political killings by government forces.
In late September, two suspected ETA collaborators died while
in police custody, one as a result of cardiac arrest and the
other from injuries incurred when, according to police, he fell
from a second-story window. Prime Minister Gonzalez pledged
complete "transparency" in the Government's investigation of
the deaths until the incidents were fully explained. By year's
end, investigations had not found any evidence of wrongdoing by
police authorities. A prominent nongovernmental human rights
organization launched its own investigation into the incidents.
The death of an American citizen after fleeing police in the
Canary Islands in 1992 has not been fully explained and remains
under investigation by Spanish judicial authorities. Spanish
courts found no evidence of police wrongdoing and initially
ordered the case to be closed. However, the family's lawyer
contested this resolution, and the case continued under
investigation at year's end. It is customary in many Spanish
regions for investigations to take as long as a year, sometimes
longer.
Frequent terrorist incidents continued during 1993, although
those resulting in deaths or serious injuries decreased
significantly. Between January and September, 14
terrorist-related attacks resulted in 14 deaths and 37
injuries. As in previous years, the vast majority of those
killed were members of the Guardia Civil and the National
Police. Ten of the deaths were attributed to ETA, one to the
First of October Anti-Fascist Group (GRAPO), and one to the
Basque group Iraultza Aske.
b. Disappearance
There were no claims during 1993 that police or government
security forces carried out secret arrests or kidnapings.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Spanish law prohibits the use of torture or other cruel,
inhuman, or degrading treatment. Despite these provisions,
detainees charged with terrorism continue to assert that they
are abused during detention. Persons arrested for criminal
offenses sometimes made similar charges. The Government had
difficulty in credibly refuting such charges because, under the
law, suspected terrorists may be held incommunicado for 5
days. Regarding the early 1992 charges of police abuse of 28
suspected ETA detainees, at the end of 1993 investigations were
continuing, and 9 civil guard suspects had been named,
according to a prominent nongovernmental organization.
Regarding 16 prison guards in Catalonia charged with brutality,
no formal results of the investigations had been announced by
year's end.
The media regularly reported alleged police mistreatment of
northern and sub-Saharan Africans, particularly Moroccans,
although there were no confirmed cases of abuse. Police in
Valencia in March initiated an investigation into mistreatment
of a Moroccan citizen during a routine identification check.
Authorities had not announced the results of the investigation
by year's end.
In February the Ombudsman released his 1992 report to the
Parliament in which he denounced the "clearly racist and
xenophobic attitudes" of many law enforcement officials in
their dealings with foreigners, particularly at airports and
other ports of entry.
Passengers on board a Moroccan ferry which docked in the port
of Algeciras reported that when Spanish Civil Guards boarded
the vessel to check documents, a fracus ensued in which the
guards beat several of the passengers, including women and
children. There was no apparent followup on this case.
The Ombudsman received 31 complaints of police abuse in 1992.
The Ombudsman condemned prison overcrowding.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention, and
normally a suspect may not be held for more than 3 days without
a judicial hearing. Detainees have the right to counsel of
their choice unless they are suspected of being terrorists, in
which case legal counsel is appointed by the Government. A
suspected terrorist may be held up to 5 days without a hearing
and without access to an attorney or family members. Exile is
not practiced.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary and the
right to a fair public trial. This right is observed in
practice. The judicial structure comprises territorial,
provincial, regional, and municipal courts with the Supreme
Tribunal at its apex. The Constitutional Tribunal has
jurisdiction over constitutional issues. The European Court of
Human Rights is the final arbiter in cases concerning human
rights.
Defendants have the right to be represented by an attorney, at
state expense for the indigent. The right to be released on
bail is guaranteed, unless the court has reason to believe a
suspect may flee or constitutes a serious threat to public
safety. Suspects may not be confined for more than 2 years
before being brought to trial, unless a further delay is
authorized by a judge. The period of pretrial custody may be
extended up to 6 years, at the judge's discretion. In
practice, pretrial custody generally is less than 1 year.
However, the Ombudsman's report for 1992 criticized ever-
increasing delays in judicial proceedings. In cases of petty
crime, suspects released on bail may face a wait of as long as
5 years before trial. Following conviction, defendants may
appeal to the next higher court. A Supreme Court judge
complained publicly in January about criticism from members of
the Government and the governing Socialist Party (PSOE) for his
ongoing investigation of allegations of improper campaign
financing practices. In February the second division of the
Supreme Court directed the judge to suspend his investigation
and submit a report on his findings within 10 days.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution protects the privacy of the home and
correspondence. Under the Criminal Code, government
authorities must obtain court approval before searching private
property, wiretapping, or interfering with private
correspondence. The antiterrorist law gives discretionary
authority to the Minister of the Interior to act prior to
obtaining court approval "in cases of emergency." In February
1992, the Parliament passed legislation called the Citizen's
Security Law, broadening police authority to search certain
residences and detain citizens without a court order. The law,
intended to aid in the fight against narcotics trafficking and
terrorism, was passed despite strong criticism from the
opposition parties that it was unconstitutional. In November
1993, the Constitutional Court, in a unanimous ruling, declared
unconstitutional a key provision of the law which permitted law
enforcement authorities to conduct searches without a warrant
in certain circumstances. The Court's ruling reportedly
jeopardized about 800 arrests over the previous 2 years which
were based on warrantless searches and an unknown number of
convictions and was a key factor in the resignation of the
Interior Minister who originally authored the law.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and the press are provided for in the
Constitution, and the Government observes these provisions.
Opposition viewpoints, both from political parties and other
organizations, are freely aired and are widely reflected in the
media.
In late September, the Supreme Court ruled that an interruption
of a 1981 speech by the King in the Basque region by members of
ETA's political wing, Herri Batasuna (HB), was a valid exercise
of freedom of expression. This was considered a landmark
decision, given the broad respect the royal family commands and
the Government's opposition to HB. The hecklers, who were not
held in custody, were tried under a law prohibiting insults
against the royal family.
b. Freedom of Peaceful Assembly and Association
As provided in the Constitution, all groups have the right of
free assembly and association for political or other purposes.
This right is fully respected and freely practiced.
c. Freedom of Religion
The Constitution guarantees freedom of religion. There is no
state religion. Roman Catholicism is the predominant religion,
and the Catholic Church receives official funding. However,
other religions are represented and function with full freedom.
In February, 1990 the Government concluded accords with
federations of Spanish Jews and Protestants which ended a state
of official legal discrimination against those two religions.
The accords placed Protestants and Jews on an equal legal
footing with Catholics, except in the matter of financial
support from the Government, which both groups had renounced.
Protestant, Muslim, and Jewish, as well as Catholic, students
now have the right to receive separate religious instruction in
public schools. In April 1992 the Parliament passed
legislation reaffirming the legal equality of all religions,
including that of Islam.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens have complete freedom to travel within and outside the
country. The Government restricts neither emigration nor
repatriation. The law on illegal aliens permits detention of a
person for up to 40 days prior to expulsion but specifies that
the detention may not take place in a prison-like setting.
Refugee and asylum cases are adjudicated by an interministerial
commission. Generally, the Government grants refugee status on
the recommendations of the United Nations High Commissioner for
Refugees.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Spain is a multiparty democracy with open elections in which
all citizens 18 years of age and over have the right to vote
for Parliament as well as for provincial and local bodies. At
all levels of government, elections must be held every 4
years. The most recent elections were general legislative
elections in June 1993.
Spanish politics contain an important regional element which is
particularly strong in Catalonia and the Basque country. These
two "autonomous communities" are similar to U.S. states.
Governmental power in Spain is shared between the central
Government and 17 regional "autonomous communities," each with
its own specific powers. The Catalan and Basque regions are
ruled by regional parties which reflect the desires of many
Catalans and Basques to give political expression to their own
linguistic and cultural identities. These parties provide
democratic alternatives to separatist groups which advocate
achieving independence through terrorist violence. The
regional parties' influence on the national level has increased
by virture of the Government's minority position in the
Parliament.
Participation of women in the political process continued to
increase. However, under Spain's electoral system, the
percentage of votes won determines the number of candidates
elected from the party list; hence a candidate's place on the
list is crucial in determining election. Since many women
candidates were placed in the lower half of the lists, the
number elected has never reached 25 percent. Nevertheless, the
number of women occupying prominent governmental positions
continued to grow. Of the 350 newly elected Members of
Parliament, 55 are women. At year's end, 3 of the 16 cabinet
ministers were women, and there were 3 female Ambassadors in
the Foreign Ministry.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of nongovernmental human rights groups, including the
Human Rights Association of Spain and the Human Rights
Institute of Catalonia in Barcelona operate freely without
government interference. The Government cooperates readily
with international organizations investigating allegations of
human rights abuses, such as the European Commission of Human
Rights and international nongovernmental human rights groups,
as well as with independent national groups.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for equal rights for all citizens,
and an independent Ombudsman actively investigates complaints
of human rights abuses by the authorities.
Women
While Spanish women have in recent years moved towards equality
under the law, increased their access to the educational
system, and entered the work force in larger numbers,
traditional attitudes continued to result in de facto
discrimination. There is considerable regional variation in
the extent of such discrimination. The Government's
initiatives on behalf of women included the establishment in
1983 of the Women's Institute, which seeks to promote social,
political, and economic equality. In 1993 an updated draft of
the Women's Institute 1988 Plan for Equality of Opportunities
for Women went into effect. Its essential provisions included
establishing a working group between relevant ministries and
women's groups aimed at assisting battered and sexually
molested women; facilitating access to job search information
networks; and promoting equal sharing of family
responsibilities.
Although one-third more women (mainly those younger than 29
years of age) work outside the home than a decade ago, the
incidence of such employment in Spain is still quite low.
There are relatively few women in leadership positions in
business, industry, or government. Women's pay still lags
behind that of men. The 1993 Plan for Equality of
Opportunities addressed this issue by developing programs aimed
at subsidizing indefinite hiring contracts (versus lower paying
temporary ones) and by promoting management training programs
for women.
Sexual abuse, violence, and harassment of women in the
workplace continued to be areas of stated governmental concern,
but most such abuses were probably not reported, owing in part
to the unsympathetic attitudes of police and judicial
personnel. However, the number of reported cases has grown in
recent years. The Women's Institute has charged that some
judges are reluctant to get involved in what they feel should
remain a domestic problem. Similarly, in smaller towns some
police officers have been reluctant to accept complaints from
battered women. To deal with this problem, the Ministry of the
Interior initiated a program in 1986 that created special
sections within the Police Department to deal with violence
against women, staffed by specially trained women officers.
Women's groups and other relevant nongovernmental organizations
have supported this program, the impact of which is widely
regarded as very positive.
Several levels of government provide institutional remedies,
such as shelters for battered women. The Government attempts
through educational programs to change public attitudes that
contribute to violence against women. In 1989 the Parliament
passed a law prohibiting verbal and physical harassment in the
workplace, but no cases had been tried under this law by the
end of 1993.
Children
The Ministry of Social Affairs is charged with looking after
the rights and welfare of children. Through a directorate
tasked with protecting the rights of minors, the Government has
pursued programs aimed at preventing discrimination against
teenagers and children. Specific offices of this directorate
deal with adoption and family sheltering. The Ministry also
has a Center for Studies of the Underaged and a Youth Institute
charged with promoting social programs for teenagers and
children.
In early 1993, authorities discovered the bodies of three
teenage girls who had been raped, tortured, and subsequently
killed. The investigation raised a national outrage because
one of the suspected criminals was a convict who had failed to
return to custody after a weekend leave. The incident led the
Ministry of Social Affairs to press for stiffer penalties and
denial of jail passes for rapists. By year's end, no
legislation had been passed as a direct result of the
Ministry's requests.
National/Racial/Ethnic Minorities
Gypsies, a minority group representing 3 percent of the
population, continue to suffer de facto discrimination in
housing, schools, and jobs. Legal mechanisms exist by which
the Gypsies may seek redress, and the Government has stated its
commitment to securing equal rights and treatment for them.
The municipal government in Madrid began a program in 1991 to
relocate Gypsy families living in shacks on the outskirts of
the capital to housing projects in established communities and
toughened enforcement of existing antidrug laws to assuage
fears that such relocations would increase drug-related crime.
In 1993 the program, however, ran into funding problems and was
discontinued.
Human rights groups and media continued to give increasing
attention to the question of human rights for the growing
numbers of illegal immigrants from northern and sub-Saharan
Africa. Discontent was particularly acute in the case of South
Americans, especially Peruvians and Dominicans. Their
discontent resulted primarily from the lack of equal economic
opportunities and disrespectful treatment by bureaucratic
authorities.
There were sporadic racist and antiforeigner attacks throughout
Spain, some of which involved local police. For example, an
African-American student was attacked and beaten by a group of
"skinheads." He ran to a nearby building and called the
police, but they refused to come to the scene and insisted he
go to the station to file a complaint. Other allegations of
racist and antiforeigner incidents included refusal of service
at restaurants and harassment by police.
In an effort to mitigate the increasing problem of
antiforeigner violence, the Ministry of Social Affairs
initiated a campaign entitled "Democracy is Equality" aimed at
sensitizing the Spanish public to immigrants and at diminishing
violence against minorities. At least 12 nongovernmental
organizations collaborated in the campaign. The campaign used
large billboards and television and radio commercials
throughout Spain to promote equal treatment for Jews,
homosexuals, the handicapped, and racial minorities. Among
other themes, the campaign used Spanish immigration to Northern
Europe after the Civil War as a means of reminding the public
that Spanish immigrants also had once benefited from
opportunities abroad.
A group of parents from Spanish-speaking households in
Catalonia staged demonstrations to protest the Catalan
Government's refusal to order that their children's schools
provide instruction in Castilian. The Catalan Government's
language instruction policy is aimed at making Catalan the
language of preference, with Castilian a second language. Each
school, in consultation with parents and the local
municipality, decides the mix of Catalan and Castilian to be
used. In most primary schools, most classes for children up to
8 are taught in Catalan, with more Castilian added to the mix
from age 9 on. Some Castilian-speaking parents feel their
children are at a disadvantage when forced into an educational
system tought predominantly in Catalan.
People with Disabilities
Since 1982 a law for the integration of disabled citizens has
been in effect. It aims at ensuring fair access to public
employment, preventing disability, and facilitating physical
accessibility for the disabled. The law has had a dramatic
effect in such key areas as providing access for the
handicapped to public buildings and ensuring them parking
areas, although it did not require physical accessibility. In
1993 the Autonomous Community in Madrid passed local
legislation requiring that all new construction be adapted to
the needs of the handicapped.
Section 6 Worker Rights
a. The Right of Association
All workers, except those in the military services, judges,
magistrates, and prosecutors, are entitled to form or join
unions of their own choosing without previous authorization.
The only requisites for organizing a union are the formation of
a group of more than two workers and registration with the
Ministry of Labor and Social Security, which is routinely
granted. Spain has over 200 registered trade unions. The only
union presently in existence that is not legally registered is
the Unified Trade Union of the Guardia Civil, which the
Constitutional Court ruled in 1986 could not be registered as
it purports to represent military personnel barred from
unionization by the Constitution.
Under the Constitution, trade unions are free to choose their
own representatives, determine their own policies, represent
their members' interests, and strike. They are not restricted
or harassed by the Government and are independent of political
parties. A strike in nonessential services is legal when it
fulfills the requirement of 5 days' prior notice. Strikes must
respect legal minimum service requirements, which are
negotiated between the employer and the unions. Strikes occur
frequently in Spain, although most are of short duration. Data
for 1992 revealed the highest rate of working days lost to
strikes, including a May 28 nationwide strike, since 1988,
while preliminary data for 1993 showed many fewer lost days,
likely a consequence of the country's economic recession.
Spanish unions are free to form or join federations and
confederations and affiliate with international bodies, and
they do so without hindrance.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively was established
by statute in 1980. Trade union and collective bargaining
rights were extended to all workers in the public sector,
except the military services, in 1986. Public sector
collective bargaining in 1990 was broadened to include salaries
and employment levels, but the Government retained the right to
fix salary and employment levels if negotiations did not
achieve an agreement. Collective bargaining is widespread in
both the private and public sectors. Private sector collective
bargaining agreements cover 60 percent of workers, although
only a minority are actually union members. Though firm
figures are not available, it is generally accepted that only
about 10 percent of workers are dues-paying union members.
Labor regulations and practices in free trade zones and export
processing zones are the same as in the rest of the country.
Union membership in these zones is reportedly higher than the
average throughout the economy.
The law prohibits discrimination by employers against union
members and organizers. Discrimination cases have priority in
the labor courts. A prominent multinational company was fined
heavily in 1991 for discrimination against union organizers.
Legislation favored by the unions and adopted in 1990 has given
trade unions a role in controlling work contracts to prevent
abuse of contract and termination actions.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is outlawed and is not practiced.
The legislation is effectively enforced.
d. Minimum Age for Employment of Children
The legal minimum age for employment as established by statute
is 16 years. The Ministry of Labor and Social Security is
primarily responsible for enforcement. The minimum age is
effectively enforced in major industries and in the service
sector. It is more difficult to control on small farms and in
family-owned businesses. Legislation prohibiting child labor
is effectively enforced in the special economic zones. The
employment of persons under 18 years of age at night, for
overtime work, or in sectors considered hazardous by the
Ministry and the unions is also legally prohibited.
e. Acceptable Conditions of Work
The legal minimum wage for workers over age 18 is considered
sufficient for a decent standard of living. The daily national
minimum wage rate is approximately $15 (1,951 pesetas),
effective January 1, 1993. The minimum wage for those aged 16
and 17 is less; $9.91 (1,289 pesetas). The minimum wage is
revised every year in accordance with the consumer price index
and is effectively enforced by the Ministry of Labor and Social
Security. A 40-hour workweek is established by law, with a
minimum unbroken rest period of a day and a half following each
40 hours worked. Spanish workers enjoy 12 paid holidays a year
and a month's paid vacation. Standards are effectively
enforced.
Government mechanisms exist for enforcing working conditions
and occupational health and safety conditions, but bureaucratic
procedures are cumbersome and inefficient. The National
Institute of Safety and Health within the Ministry of Labor has
technical responsibility for developing labor standards, but
the Inspectorate of Labor has responsibility for enforcing the
legislation through judicial action when infractions are
found. Workers have legal protection for filing complaints
about hazardous conditions.
[end of document]
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