VZCZCXRO0725
RR RUEHAT RUEHSK
DE RUEHMD #1337/01 3541123
ZNR UUUUU ZZH
R 191123Z DEC 08
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC 5798
INFO RUEHZJ/HUMAN RIGHTS COUNCIL COLLECTIVE
RUEHLA/AMCONSUL BARCELONA 3718

UNCLAS SECTION 01 OF 02 MADRID 001337 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR G/DRL/IRF (NANCY HEWETT) 
 
E.O. 12958: N/A 
TAGS: PHUM SP PREL PGOV
SUBJECT: SPAIN UNVEILS COMPREHENSIVE HUMAN RIGHTS PLAN 
 
MADRID 00001337  001.2 OF 002 
 
 
¶1. (U) SUMMARY. In conjunction with the 60th Anniversary of 
the UN's Universal Declaration of Human Rights, Spanish Vice 
President Maria Teresa Fernandez de la Vega unveiled Spain's 
National Human Rights Plan (the plan) December 15 in New 
York.  The plan, approved by Spain's Council of Ministers 
December 12, is the GOS answer to the 2002 UN call for 
"National Human Rights Plans" and an instrument to coordinate 
and evaluate the diverse actions being planned or implemented 
by different GOS actors in promotion of human rights 
domestically and abroad.  The plan encompasses issues such as 
promotion of human rights on the international stage, 
combating trafficking in persons, and promotion of equality 
with respect to religion, age, gender, race and ethnicity. 
END SUMMARY. 
 
¶2. (U) Eight ministries participated in the drafting, which 
began in 2007, with assistance from NGOs and human rights 
experts.  The plan consists of 172 measures, divided into a 
Foreign Action Plan and Domestic Action Plan.  The Foreign 
Action Plan aims to promote human rights on an international 
level, working through the UN, EU, Council of Europe, OSCE, 
bilateral and multilateral relations, as well as the 
International Criminal Court and other international 
organizations.  Some of the commitments include fulfillment 
of UN Millennium Development Goals, ratification of various 
international conventions, a promise to fight against the 
death penalty and promote the prevention of torture, 
comprehensive protection of terrorism victims, promotion of 
the Alliance of Civilizations, implementation of the Integral 
Plan to Fight Trafficking in Persons (TIP Plan) during 
Spain's EU Presidency in 2010, active participation in the 
Review Conference of the Rome Statute, incorporation of said 
statute into the Spanish Penal Code, and active support for 
the International Criminal Court. 
 
¶3. (U) The Domestic Action Plan proposes new 
non-discrimination legislation; a constitutional amendment to 
allow non-EU legal residents the right to vote in municipal 
elections; legislative changes to provide foreigners the 
rights of assembly, association, education, trade union 
membership and free legal assistance; commitments to 
combating gender violence, to include informational campaigns 
and the use of electronic devices to keep perpetrators away 
from their victims; defense of the rights of Spanish citizens 
abroad; extend detainees' legal guarantees, to include a 
reduction in the number of hours a detainee can be held in 
"incommunicado" status and the prohibition of incommunicado 
detention of minors; the establishment of human rights 
guarantees for migrants in holding centers; additional 
protection of refugees; and environmental protections for 
citizens. 
 
¶4. (U) An important measure in the Domestic Plan is the call 
for reform of the Religious Freedom law which would grant all 
"notorio arraigo" or religions with deeply-rooted status 
equal status under the law.  This would correct the inequity 
that currently exists wherein Mormons, Jehovah's Witnesses 
and Buddhists, although designated as notorio arraigo, do not 
have the tax benefits enjoyed by the Catholic Church.  The 
plan also calls for the creation of an observatory on 
religious pluralism; studies on public management of 
religious diversity at the local, autonomous and national 
levels; and training of public servants on religious freedom 
guarantees. 
 
¶5. (U) A critical element in the Foreign Action Plan and the 
initial impetus for creation of the comprehensive plan is the 
 Integral Plan to Fight Trafficking in Persons (TIP Plan). 
The TIP Plan includes 61 measures aimed at raising social 
awareness and implementing a zero tolerance policy against 
human trafficking-related crimes.  Some of the specific 
changes called for in the TIP Plan include housing, medical 
and psychological assistance, free legal assistance, 
interpretation services and financial aid for victims of 
trafficking; pre-sentencing confiscation of traffickers' 
assets; creation of a fund with confiscated assets to assist 
victims; construction of shelters and creation of units to 
attend to trafficking victims; use of biometric identifiers 
in visas and residency permits to deter fraudulent travel; 
control mechanisms in ports, airports and other 
transportation centers to assist in identifying potential 
trafficking cases; informational and awareness campaigns; and 
the creation of an inter-ministerial coordinating group to 
implement the plan.  The Zapatero administration allocated 44 
million euros (approximately 63 millions USD) to finance the 
TIP Plan through 2012. 
 
¶6. (SBU) COMMENT: The plan, described by the GOS as an 
"ongoing process," must still be approved by the Spanish 
 
MADRID 00001337  002.2 OF 002 
 
 
Congress, likely to happen in 2009 as no parliamentary 
opposition is expected.  Approval of the ambitious plan, 
however, is but one step in a long process.  Most changes 
called for require legislative or constitutional action or 
amendment.  Too, although monies have been budgeted for the 
TIP portion of the Plan (44 million euros), the GOS has not 
yet specifically budgeted for the other Foreign Action Plan 
items or the Domestic Action Plan.  Given the current 
economic climate, this could prove challenging. Add to the 
challenge obtaining the buy-in of autonomous communities and 
city councils in the plan's implementation, considering the 
territorial distribution of jurisdictions under Spanish law. 
On the other hand, not only is the plan a personal priority 
for VP Fernandez de la Vega, the plan also aims to cement a 
seat for Spain on the 2010 UN Human Rights Council and 
prepare the GOS for Spain's EU Presidency in January 2010 
wherein human rights issues will be a priority.  It is thus 
an important priority for the Zapatero Administration, whose 
commitment is to make the protection of human rights a 
hallmark of Spain. 
AGUIRRE