Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report.

The Committee recalls that in its previous observation it referred to the Act respecting foreign nationals (Organic Act No. 8/200 on the rights of foreign nationals in Spain and their social integration), which prohibits "irregular" foreign workers (those without proper work papers) from exercising the right to organize. It further recalls that it requested the Government to provide information in its next report on any measures taken to amend this Act with the view to securing the right of all foreign workers to join organizations to further their interests as workers.

The Committee notes the Government’s indication that various aspects of the Act in question have been amended by Act No. 14/2003 of 20 November, but that section 11, which covers freedom of association and the right to strike, has not been amended and continues to provide that: "Foreign nationals shall have the right to organize freely or to join an occupational organization, under the same conditions as Spanish workers, which they may exercise when they obtain the authorization to stay or reside in Spain".

In this connection, the Committee recalls once again that, under Article 2 of the Convention, workers must be accorded the right, without distinction whatsoever, to join organizations of their own choosing, with the sole exception of members of the armed forces and the police. Therefore, the Committee requests the Government to take measures to amend the Act respecting foreign nationals as indicated above and to provide information in its next report on any measures adopted in this respect.