Italy is one of the recently industrialised countries in Europe which has very quickly had to cope with a change from country of e-migration to country of in-migration, also to face the labour shortage that economic growth coupled demographic decline has brought about.

The adjustment has been difficult and complex and has had a number of unintended consequences, amongst them a strong rise in manifestations of racist and xenophobic attitudes.

More

Italy is one of the recently industrialised countries in Europe which has very quickly had to cope with a change from country of e-migration to country of in-migration, also to face the labour shortage that economic growth coupled demographic decline has brought about.

The adjustment has been difficult and complex and has had a number of unintended consequences, amongst them a strong rise in manifestations of racist and xenophobic attitudes.

Legislative interventions to regulate the immigration phenomenon, have been fragmented and often ad hoc to face waves of recurrent crises, without clear guidelines or a well defined policy for much of the eighties and nineties; this may be linked also to the slowness of a joint approach to immigration within the European Union.

It is with Law 40/1998 that a consistent approach has been introduced which couples primary needs of public order and security, including fight against illegal migration, with measures to regularise the presence of migrants and to integrate them. The relatively open and rights-oriented approach of Law 40/98 has been however restricted to  large extent with the new Law 189/02, which responds to the current government’s orientation towards treating immigration mostly as a law and order issue and limiting the rights of migrants. The law has been highly criticized not just for number of inconsistencies within it ad for the complications in its implementation, but also for some key provisions that are deemed to be discriminatory and to be impinging upon some key fundamental rights guaranteed by the Italian Constitution and by International standards not just to citizens but to all individuals finding themselves within the Italian jurisdiction.

The law changes and in many cases restricts the possibilities to gain lawful access to Italy and employment for non-Eu citizens, also by imposing strict quotas based on nationality of the immigrant. It introduces extremely strict provisions for the treatment of those seeking refugee status, including the use of administrative detention for those arriving in Italy without visa and seeking refugee status.  The Law establishes Centers for Permanence and Temporary Assistance in which immigrants without legal status and asylum seekers can be detained pending deportation, for a maximum of 30 days. reports that conditions in some of these centers are very harsh The placement of foreigners in these centers must be confirmed by a judge within 48 hours. However,  judicial control on such detentions is not always effective or timely and de facto conditions at times impede the possibility of appeal in some cases.

Strongly criticised from the point of view of migrants rights are the abolition of sponsored entry; the reduction in the length of residence permits and in the period for which unemployed people are allowed to stay in the country; the restrictions on the acquisition of a “carta di soggiorno” (“ stay or “residency” card, a permanent residence permit) and in the conditions for family reunion; inadequate protection against coercion, a failure to push forward the policies of integration laid down; inadequate procedures for asylum

A special consideration must be given to the discrimination issues.

In Italy the appearance of in-migration and of incoming refugee flows from the eighties has been accompanied by increased xenophobic attitudes and by an increase in incidence of discrimination. This has happened both in the public and private sphere, including by and within the Public Administration, alarmingly accompanied by instances of apologies of such discrimination by local and national political parties. In some cases, measures leading to separate access to public offices for non-Eu citizens, which has been implemented to apply to migrant workers and refugees from poor countries were promulgated at the level of local administration. In other cases discriminatory measures have been taken to block access to non-Christian migrants to Christian churches and its surroundings. In some egregious cases local administrators have expressed publicly highly discriminatory remarks on non- European immigrants.

Culture of seeking redress against discrimination, especially amongst non-EU migrant workers is still at its infancy; a mounting xenophobic attitude within public opinion does not favour such culture, while providing fertile ground for discriminatory acts. Some areas of the judicial system, especially some key areas related to access to justice, for instance the possibility of getting legal advice and representation at affordable prices, would have to be addressed in order to grant effective protection. In this sense, the simplified procedure introduced by law 40/1998 against discrimination and the support pledged by some key non-government organizations, especially trade Unions, seemed to be preparing the ground for implementation of the provisions. The recent change in policy orientation with Law 189/02 seems to have to some extent stopped evolution in this direction. There is hope that implementation at the national level of EU Directives 43 and 78/2000 (“art.13 Directives”) against discrimination may help reopen the debate

Serious concern moreover exists about the behavior towards immigrants and asylum seekers by police and other security forces, especially at the borders and in or around the temporary detention facilities which have been built particularly in the areas where refugee and immigrants boats land. Amongst issues of concern are discriminatory checks, insulting and abusive speech, ill-treatment and violence, including in some cases unduly use of firearms. Although most of these incidents do not generally result in a complaint being filed by the victim, there is reported to be little investigation of these cases, and little transparency on the results of these investigations within the police. Counter-charges are reportedly frequently brought or threatened against those indicating their intention of lodging a complaint of ill-treatment against law enforcement officers.

The penitentiary law prohibits discrimination of prisoners on grounds of nationality, race, economic and social conditions, political opinions and religious belief. Immigrants, however, often complain of ill-treatment in Italian prisons. It has also been observed that immigrants have very rarely access to measures alternative to detention.

Treatment of migrant and refugee issues by the media is also a crucial and worrying feature. Media have often resorted to sensational reporting on issues concerning immigrants and Roma/Gypsies. The vast majority of information in the Italian media touching upon immigrants or immigration appears to be connected with crime.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

Hide