PRACTICAL RESPONSES
TO IRREGULAR MIGRATION:
THE ITALIAN CASE
1. Introduction
1.1. Objectives
After six years from the pilot study Irregular Migration in Italy. Illegally resident
Third Country Nationals in Italy: State approaches towards them and their profile and
social situation (edited by EMN Italy and published in December 20051), the
National Contact Point focuses on irregular migration and its recent evolution, with
particular regard to the practical measures taken by Italy to limit the phenomenon.
The above-mentioned pilot study was motivated by a growing concern about
irregular migration by politicians and public opinion, despite the introduction of
restrictive immigration policies and the intensification of border controls. The
document ended with the hope that a migration law based on stricter migration
controls alone would be soon overcome in favor of stronger incentives to prevent
trafficking of human beings and low-cost workforce meant for the underground
economy.
We still believe it is necessary to deal with the growing immigration pressures,
by improving the legal aspects and avoiding that overly restrictive migration
policies become themselves the cause of irregularities. In this regard, as we shall
see, the Italian government adopted strategies in order to limit the phenomenon
before and after the entry of irregular migrants into the country, and to provide a
way out of irregularity to foreign citizens. The absence of internal borders within
the European territory makes migratory pressures on EU borders a common problem.
The political crisis occurred in North Africa at the first half of 2011 increased the
Edited by Raffaele Callia, Marta Giuliani, Zsuzsanna Pasztor, Franco Pittau, Antonio Ricci (IDOS/EMN Italy)
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amount of landings in Italy, particularly in Lampedusa, raising concerns among all
the Member States. Such exodus has been largely forced and made up of potential
asylum seekers, and therefore it is subject to international protection. However,
even in a broader sense, in the fight against irregularity it is essential to grant
protection of fundamental human rights to the irregular migrants themselves.
Reducing irregular migration is a major element of EU migration policies. This is
the topic of this study elaborated by the EMN and edited by the National Contact
Points of the various Member States, which will be the subject of a Synthesis Report
by the European Commission.
The objective of this study, which represents the Italian contribution to the EU
research activity, is to provide an analytical framework of existing approaches,
mechanisms and measures implemented at the national level to combat irregular
migration, to the benefit of policy makers, the academic and social world and,
ultimately, public opinion. Specifically, this study will first examine the political and
legislative framework of the measures implemented by Italy against irregular
migration, as well as the impact of EU legislation on national policies, procedures
and practices2. For the purposes of research, practical answers will be divided into
four categories: measures prior to entry, border control, law enforcement activities
performed within the national territory and, finally, strategies to emerge from
irregularity once the unauthorized presence of a foreign citizen has been
ascertained. Therefore, the study will examine the measures implemented by third
countries (ranging from development cooperation to the agreements on
employment and vocational training for the planning of migration flows) and the
practical measures taken in the national territory. Particular attention will be
devoted to the use of technology in the air and maritime border control, as well as
to the fight against counterfeiting and buying and selling of documents. The
analysis of the practical measures to limit irregular migration will also regard the
fight against illegal employment (which is considered a source of irregularity) and
the related inspection activities. Special attention will be finally devoted to
regularizations and assisted voluntary return programs.
1.2. Definitions
In the national context, there is a difference between “illegal immigration” and
“irregular migration”3. Unauthorized migrants are foreigners who entered into Italy
without any authorization for entry, whereas irregular migrants are foreigners
holding the necessary requirements to stay in the country at the time of their entry
into Italy, but who have subsequently lost them (e.g. residence permit expired and
not renewed). However, for the purposes of this study, such differentiation is not
used, because it is not contemplated by the EU legislation, which is at the basis of
the EMN research studies.
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Introduction
In order to ensure comparability of information collected from the Member
States, we have made extensive use of the “Asylum and Migration Glossary”, a
useful juridical and linguistic tool created by the EMN network in order to encourage
appropriate communication on migration and asylum; the Glossary contains
common definitions and terminology used at the EU level with regard to the
irregular migration phenomenon4.
Regular entry is defined on the basis of the provisions of Regulation (EC) No.
562/2006 of the European Parliament and the Council of March 15, 2006,
establishing a Community Code on the rules governing the movement of persons
across borders, known as the Schengen Borders Code. Therefore, “legal entry” means
“the entry into a Member State’s territory by a third-country national, for a period
of stay not exceeding three months per six-month period, as set out in Article 5 of
the Schengen Borders Code”5.
The definition of “illegal stay” is taken from Article 3(2) of the Directive of the
European Parliament and the Council 2008/115/EC of December 16, 2008, on
common standards and procedures in Member States for returning illegally staying
third-country nationals. In such provision, “illegal stay” means “the presence in the
territory of a Member State of a third-country national who does not fulfill, or no
longer fulfils, the conditions of entry as set out in Article 5 of the Schengen Borders
Code, or other conditions for entry, stay or residence in that Member State”6. The
provision refers, therefore, to both entry modalities and permanence of foreigners
in irregular condition. In this sense, it also includes foreigners in the condition of
“overstayers”, that is “people who have regularly entered but then stayed in a
Member State beyond the allowed duration of their permitted stay”7.
It is noted that, on the basis of indications contained in the Resolution of the
Parliamentary Assembly of the Council of Europe No. 1509 of 2006 (“Human Rights
of Irregular Migrants”)8, in referring to migrants in irregular condition, it was
decided not to adopt the adjective “illegal”, which was considered more apt to
define a status or a procedure, but not appropriate to refer to a person.
As regards the terminology related to the migration phenomenon in a broader
sense, we should clarify the meaning of “smuggling of migrants” by using the
definition introduced by Council Decision 2006/616/EC of July 24, 2006 on the
conclusion, on behalf of the European Union, of the Protocol against the Smuggling
of Migrants by Land, Sea and Air, supplementing the United Nations Convention
against Transnational Organized Crime. This crime is defined as “the procurement,
in order to obtain, directly or indirectly, a financial or other material benefit, of the
illegal entry of a person into a Member State of which the person is not a national
or a permanent resident”9.
Finally, for the terminology relating to employment, we have made reference to
Directive 2009/52/EC of the European Parliament and the Council of June 18th,
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2009, which sets forth minimum standards and sanctions against employers who
employ third-country nationals residing illegally in Member States. In accordance
with this provision, the definition of “illegal employment” which is referenced in
the present study, namely a “gainful occupation carried out in violation of
provisions set by legislation”, covers the illegal employment of third country
nationals who illegally stay on the territory of a Member State and of legally
residing third-country nationals working outside the conditions of their residence
and/or without a work permit10.
1.3. Methodology
As regards the methodology followed for this study, a wide range of
institutional, scientific and statistical sources have been used.
Its bibliography of institutional character includes publications and documents
issued by the main authorities of reference, such as the Ministry of Interior (in
particular the Department for Civil Liberties and Immigration and the Department
of Public Security), the Ministry of Labor and Social Policy - Directorate General of
Immigration and Integration Policies, and the Ministry of Foreign Affairs (Office VI)
responsible for entry visa. Furthermore, the consultation of press releases of the
leading national newspapers provided an updated framework of the phenomenon.
The current EU regulations on immigration and the Italian laws on irregular
migration based on the rulings of the Constitutional Court and the Court of
Cassation have been used as institutional sources. This study, moreover, carefully
analyzes bilateral agreements on readmission and fight against irregular
immigration, agreements on regulations and management of migration for
employment reasons, as well as memoranda of understanding regarding vocational
training and technical assistance programs, which were signed with law
enforcement agencies of third countries.
For a proper evaluation of the practical measures implemented in the field of
border controls, the 2010 and 2011 Annual Programmes of the External Borders
Fund provided a fundamental contribution. Furthermore, as regards the
phenomenon of returns, we made reference to the Annual Programs of the European
Return Fund (2008-2013), co-funded by the European Union and managed in Italy
by the Department for Civil Liberties and Immigration of the Ministry of the Interior.
Considering the vast network of charitable and non-governmental organizations
dealing with the phenomenon of migration in Italy, for the correct evaluation of
awareness-raising campaigns as well as information and welcome projects carried
out by these entities, we made use of monitoring reports of the various project
activities, as well as press releases issued by the promoting institutions.
A careful review of the scientific publications available for the production of this
report has revealed the presence of a vast literature on irregular migration. There
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Introduction
are many research projects on this matter which are funded by the European
Commission itself, such as the research project Clandestino - Undocumented
Migration: Counting the uncountable – Data and Trends across Europe, funded by the
European Commission - Directorate General for Research, within the Sixth
Framework Programme11. This project, which was created in order to provide support
to policy makers, is aimed to identify and categorize data and estimates of the
irregular presence in each European country, and then provide a comparative
analysis and estimates at the EU level. It was implemented between 2007 and
2009, involved twelve Member States12 and three countries of transit13. For the
purposes of this research, the project’s database on irregular immigration14 proved
to be extremely useful. The database, which is available on the Hamburg Institute
of International Economics website, reports and categorizes, based on reliability,
estimates and data on irregular immigrants in the EU and individual Member States;
in addition to statistical information, the database contains many in-depth
examinations which have proven to be particularly useful in the preparation of this
study.
Moreover, the final report by the ICMPD (International Centre for Migration
Policy Development) regarding the project Regine: Study on practices in the area of
regularisation of illegally staying third-country nationals in the Member States of the
EU15, a research on the current regularization procedures and their impact on the
EU, Switzerland and the United States, is also worth of mentioning. The project,
launched in December 2007 and concluded in July 2008, was funded by the
European Commission - Directorate General for Justice, Freedom and Security,
following the Communication COM (2006) 402 final, of July 19, 2006, on the
political priorities in the fight against irregular migration of third-country
nationals16.
The analysis of the link between irregular immigration and irregular
employment, which will be addressed in the present study, was made possible
thanks to the contribution of the study Irregular migration in Europe. Myths and
Reality by Anna Triandafyllidou17 of the Hellenic Foundation for European and
Foreign Policy (Eliamep). This study provides a careful analysis on several Member
States (including Italy) which are particularly exposed to the phenomenon of
irregular migration, as well as an accurate evaluation of the effects of the EU
policies within the territorial contexts; it also pays particular attention to the
relationship between irregular entry and stay and irregular employment.
An important reference was the Platform for International Cooperation on
Undocumented Migrants (PICUM)18, especially as regards the studies and topics
highlighted in the institutional bulletins, as well as the comparative researches
published by the Fundamental Rights Agency (FRA)19, available on line. In
particular, with reference to irregular migrants’ rights, we shall mention the report
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on Fundamental Rights of Migrants in an Irregular Situation in the EU, published in
November 201120.
Finally, we made reference to the in-depth examinations conducted in the past
years by the Italian National Contact Point of the EMN and by its national network
experts, with particular regards to irregular migration21, programs for the promotion
of assisted return and reintegration in third countries22, labor market23 and
organization on immigration and asylum policies24.
The heterogeneity of the sources has certainly enriched this research activity.
However, in order to ensure a scientific basis for data quality, we chose to use
statistical data provided by Eurostat for the years 2008 to 2010. These statistics on
migration flows allowed a quantitative assessment of the fight against irregular
immigration, and were processed according to the guidelines set by the European
Commission, in order to ensure comparability between the Member States. In the
conclusion of this methodological note, we underline the difficulties in quantifying
the phenomenon of the irregular presence, of which, nonetheless, we tried to
estimate the amount.
The added value of this study consists in providing an overview, as
comprehensive as possible, of the practical measures to combat irregular migration
by analyzing and evaluating them on the basis of their impact and effectiveness.
Moreover, for each measure taken into consideration, this study highlights the main
lessons learned, on the basis of which (in line with the mandate of the EMN) ad
hoc recommendations for policy makers have been developed, at both national and
EU level.
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2. Policy and legal framework
in relation to irregular migration
2.1. National policy and legislation towards irregular migration
The approach to irregular migration in Italy. In the context of the evergrowing migration phenomenon, the so-called “irregular migration” (or “illegal
migration”25, according to the terminology proposed by the EMN Glossary) has
recorded a significant increase in Italy since roughly the mid-eighties, calling for
greater attention by political debate and public opinion and carrying important
consequences also on the legal front.
The interest in such phenomenon has increased not only in relation to public
security - particularly intensifying in recent years and resulting in specific
regulations to prevent and contrast the phenomenon - but also in relation to both
humanitarian implications and fundamental rights of the people involved. Irregular
migration, in fact, is often associated with disturbing social phenomena such as
smuggling and trafficking, which the Italian State contrasts on the basis of both
its law and EU legislative measures.
The main features of the public debate developed over the last few years,
together with the content of the measures undertaken at the legislative level and
the orientation of the law, allow to say that the Italian approach to irregular
migration is characterized by the constant search for an appropriate balance
between national security needs and the integration process, which is the purpose
of modern immigration policies. This search, therefore, is expressed both in favoring
regular migration flows (in the stages of entry, stay and eventual return) and in
discouraging and contrasting irregularity through a complex system of legal
measures, which have constantly increased over the years, together with the growth
of the irregular migration phenomenon.
As explained in the following pages, the actions against irregular migration
undertaken by the Italian government in recent years - i.e. intensification of coastal
patrol, rejections, expulsions and bilateral agreements for returns - intended to be
a strong response to the growing phenomenon of irregular migration; this has led
to significant results from a quantitative point of view, although often accompanied
by harsh criticism from the public and the organizations dealing with human rights
protection. This criticism regards the difficulties in applying for international
protection of those who - despite being potentially eligible - have failed to reach
the Italian territory, as well as the fact that successful measures cannot solve the
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profound reasons that drive people to leave their countries of origin, which are
often characterized not only by economic poverty but also by political instability
and lack of fundamental rights.
The Regulatory Framework in relation to Irregular Migration. In order to
balance the need for integration and human rights protection of migrants with
public order and national security needs, the current Italian legislation is based on
the systematic structure of the “Consolidated Act of measures governing
immigration and norms on the condition of foreign citizens” (Legislative Decree No.
286 of July 25, 1998)26, and its subsequent modifications and integrations (Law No.
189 of July 30, 2002 “Amendment to legislation on immigration and asylum”)27, as
well as by a number of other laws approved in the last years and partially modified
due to recent jurisprudence28. Moreover, the analysis of the Italian law system, with
regard to the contrast to irregular migration, should not exclude an examination of
the principles of international and EU law relating to protection of fundamental
human rights. In order to fully understand the current law system regarding
migration, it is necessary to recall, albeit briefly, the evolution of the regulatory
framework.
The first regularization of non-EU citizens (called “amnesty”)29 was provided for
by the Law No. 943 of December 30, 1986 which contained explicit rules “against
irregular migration”. In particular, according to the first paragraph of Article 12,
anyone performing “illicit or other clandestine movements of migrants for
employment departing from, passing through or arriving in their territory, or
anyone [employing] workers who have immigrated in irregular conditions in order
to facilitate the exploitation, [would] be punished with imprisonment for one to
five years and a fine of 2 million to 10 million liras for each worker recruited”.
Subsequently, the so-called “Martelli law” (No. 39 of February 28, 1990)
introduced into Italian law “Urgent norms in matter of political asylum, entry and
stay of non-EU citizens and regularization of non-EU and stateless citizens in the
territory”; the so-called “Dini Decree” of November 18, 1995 (No. 489), instead,
introduced urgent measures in matter of migration policy as well as regulation of
entry and stay in the territory of non-EU citizens, with some specific references to
irregular migration; with regards to the control of migration flows, the Dini decree
also provided for both rejections and expulsions30.
During the ‘90s, the government coalitions which followed one another (centreright, “technical” and centre-left coalitions) had to deal with a rapidly growing
migration phenomenon and an increasing need to consider the role of immigrants
in the social - and therefore demographic, cultural and economic - processes of
Italy, as well as public order and security needs. The so-called “Turco-Napolitano”
law (No. 40 of March 6, 1998)31, in fact, paid great attention to the planning of
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migration flows and to migrants’ integration, in addition to a series of measures of
prevention and contrast of irregular migration – such as the introduction of the
“removal by order of the police commissioner” and the creation of Temporary
Detention Centres (CPT) which are considered an essential element of Italy’s
migration policy.
In the same year (1998), in accordance with Art. 47, par. 1 of the “TurcoNapolitano” Law, the Italian government issued the Legislative Decree No. 286 of
July 25, 1998 (quoted above), containing the “Consolidated Act of measures
governing immigration and norms on the condition of foreign citizens”. It was then
followed by several attempts to carry out reforms, due to cultural and political
debates. After all, due to its geographical position, in those years Italy continued
to face a growing irregular migration (by sea as well). In this general scenario, in
2002 the approval of the so-called “Bossi-Fini” Law (No. 189 of July 30, 2002) led
to important modifications of the above mentioned “Consolidation Act”, consisting
of stronger measures in the fight against irregular migration (the whole Article 11
contains “Measures against irregular migration”), together with the recognition of
significant measures to protect regularly residing foreigners and asylum seekers (in
the absence of an organic law on the subject), and more generally measures
regarding the international protection system.
In terms of measures to fight irregular migration, the Law No. 189/2002 gave
more power to removals (by establishing the immediate accompaniment to the
border) and controls (by extending the period of detention in the Temporary
Detention Centres - CPT), and increased the penalty for irregular migrants who fail
to comply with the removal order.
As regards the relations with the countries of origin about irregular migration
control, the Law No. 189/2002 introduced important innovations, such as numerical
restrictions in the flows of foreign workers coming from «countries not adequately
cooperating in the fight against irregular migration, or in the readmission of their
nationals who are subject to orders of removal». Furthermore, the law provides that,
in relation to third countries, the formulation or review «of bilateral cooperation
and aid programmes for intervention measures not for humanitarian purposes» may
be possible in case of their commitment in the «prevention of irregular migration
flows and in fighting the criminal organizations operating in the fields of
clandestine migration, trafficking in human beings, the exploitation of prostitution,
and trafficking in narcotics and arms, and also in the matter of judicial and penal
cooperation and in the application of international regulations on the safety of
navigation» (Art. 1, par. 2).
The significance of the irregular migration phenomenon in those years explains
why the Law No. 189/2002 art. 35 established the “Central Directorate of
Immigration and border police”, «with the task of promoting and coordinating
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border police activities and fighting irregular migration [...]», introducing the
contribution of specialists from officials belonging to the State Police, «as experts»
to be sent to the diplomatic representative offices and consular offices, in the
framework «of strategies aimed to prevent irregular migration» (Article 36).
As regards irregular migration by sea, the Law 189/2002 has several provisions, in
particular the possibility for an Italian ship on police duty to stop a ship when
«there is good reason to believe it is used for or involved in the unlawful
transportation of migrants», in order to inspect it and, if necessary, seize it and
conduct it into an Italian harbor (Article 11)32. In addition, the legislation provides
that these provisions may be applied, insofar as compatible, also to activities of air
traffic control.
Regarding the changes introduced by Law No. 189/2002, it is important to note
that the procedure of “assisted voluntary return” (previously introduced by the
“Turco-Napolitano” Law) was applied in favor of categories of migrants in
particularly vulnerable conditions (such as victims of trafficking), but excluded
irregular migrants, despite the fact that, according to the experience of various
European countries, «irregular migrants who have already been expelled,
potentially are the most likely to repeat the attempt to migrate, because the forced
return is perceived by the migrant and the community of origin as a failure that
drives the desire for a new migration towards the country which he had already
been in contact with»33.
The Main Sanction Mechanisms in case of Irregular and Unauthorized
Migration. The above-described legislation provides for sanctions in cases of both
unauthorized migration (i.e. foreign citizens who entered Italy without a regular
visa) and irregular migration (i.e. foreign citizens who, despite having regularly
entered, no longer meet the requirements necessary to stay in the country). In
these cases, the law stipulates that foreign citizens cannot stay in (or enter) the
country and, therefore, must be removed (or rejected at the border). The immediacy
of the removal is suspended only under certain circumstances, namely when it is
necessary either to provide them with assistance, or inquire into their identity and
nationality, or prepare their travel documents; when a suitable means of
transportation is not available and when they have to be held in Reception Centres
for Irregular Migrants, only for the time necessary for their identification and
possible removal/expulsion34.
The direct consequence of a removal order, which is aimed at fighting irregular
migration, is the so-called “forced return”; in any case, such provision cannot be
applied if contrary to national and international standards regarding human rights.
As noted above, the matter is dealt with by the Legislative Decree No. 286 of July
25, 1998, “Consolidated Act of measures governing immigration and norms on the
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Policy and legal framework in relation to irregular migration
condition of foreign citizens” (and its subsequent modifications and integrations),
which provides for different types of implementations35. The crimes associated with
irregular and unauthorized migration, contained in the Legislative Decree
286/1998, are those related to irregular entry and stay within the Italian territory;
the crime of aiding and abetting irregular migration and irregular stay of foreign
citizens within the national territory; providing housing to irregular migrants or
employing them illegally; crimes related to the violation of the prohibition of reentry, and the forgery of residence permits.
Forced return is subject to both legislative and practical constraints. In the first
case, the forced return procedure does not apply to migrants who fall into the
category of “vulnerable subjects” (such as victims of trafficking) or to asylum
applicants36. Furthermore, Article 19 of the Consolidation Act (Legislative Decree
286/1998) establishes that foreign citizens cannot be expelled to another country
if there are evidences that they could be persecuted there due to their race,
nationality, religion or political opinion. Besides, there are many other legislative
constraints that cover a variety of legal cases. Some of them relate to minors
(unless they have to follow their expelled parent or foster parent), as well as foreign
nationals holding a residence card (not belonging to the category of dangerous
persons); other constraints have been established to protect foreign women who
are pregnant or have given birth within the previous six months, etc. In addition
to legislative constraints, there are often some practical obstacles which hinder the
application of forced return, including the lack of cooperation from the countries
of origin of irregular migrants, difficulties in their identification (which is
fundamental to determine what country they are to be returned to), etc. For all
these legislative and practical reasons, there is a very significant gap between the
number of removal orders issued and their actual implementation; among other
things, this has led the legislator to redefine the role (and name) of Temporary
Detention Centres (CPT – Centri di Permanenza Temporanea), shifting them to
Identification and Expulsion Centres (CIE – Centri di Identificazione ed Espulsione),
structures in charge of speeding up the identification procedures and carrying out
the removal orders, while holding the foreigners for whom such provision cannot be
immediately executed37.
While the “forced return” represents the instrument to remove irregular migrants
from the country or to prevent their return for a certain period of time, the
“rejection” is a measure implemented at the country’s borders. On this regard, the
Law No. 40/1998, Art. 8, establishes that the border police «may refuse entry to
foreigners who present themselves at border crossings without having the
requirements demanded by this Consolidated Act for entry into Italian territory»;
this rule does not apply «in cases envisaged by the provisions that are in force that
regulate political asylum, the recognition of refugee status, or the adoption of
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measures of temporary protection for humanitarian reasons». These exemptions also
relate to the so-called “rejection with accompaniment to the border ordered by the
police commissioner” (introduced in the same art. 8, par. 2), which remains
applicable to either foreigners who have avoided border controls or have been
stopped at the entry (or immediately after) or, finally, have been temporarily
admitted due to public assistance needs.
2.2. Impact of EU Policy and Legislation
Recent Changes to the Policy and Legislation in Italy: from the “Security
Decree” to the “Security Package”. In recent years, the political debate and the
social climate have grown acrimonious, at once with the growth of the phenomenon
of landings (which reached its peak in 2008) and the increasing awareness of the
existence of significant “pockets of irregular migration” in Italy; an awareness that
also explains the widespread use of regularization measures by the various
successive governments of the country38. Some news stories directly involving
foreign nationals has prompted a widespread sense of hostility, by the public
opinion, toward irregular migration, which caused the introduction of a series of
regulatory measures for public security.
In the same year in which the European Union enacted a directive on the return
of third country nationals (2008/15/EC), which Italy implemented only recently
(and to which we shall refer later), a particular climate of hostility towards irregular
migrants arose throughout the country. The measures introduced by Law 189/2002
were therefore tightened by the regulations of the so-called “security decree” (No.
92/2008) and a year later by those of the Law No. 94 of July 15, 2009, better
known as the “security package”.
In the first case, the Law Decree No. 92 of May 23rd, 2008, which regulates
“Urgent measures in the field of public security”39, introduced: changes to the Penal
Code (Article 1), in particular with respect to the expulsion and removal of foreign
citizens from the state, including EU citizens; changes to the Code of Penal
Procedure (Article 2); changes to the legislative decrees of August 28th, 2000, No.
274 (Article 3), April 30th, 1992, No. 285 and successive amendments (Article 4),
and July 25th, 1998, No. 286 (Article 5); amendment of the Consolidation Act
(Legislative Decree No. 267) relating to the attribution of special powers to the
mayor (Article 6), allowing him to help ensuring the cooperation of local and state
police, within the guidelines issued by the Ministry of the Interior-National
Authority of Public Security (this decision gave rise to the phenomenon called by
mass media “Mayor Sheriff”), as well as providing the cooperation of the municipal
and the state of police, within the so called “plans of territorial control” (Art. 7).
As we pointed out above, Art. 9 of the decree has introduced a significant change
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Policy and legal framework in relation to irregular migration
to the “Temporary Detention Centres” (CPTA) or “Temporary Detention and
Assistance Centres” (CPTA), modifying their name (and not only) into
“Identification and Expulsion Centres” (CIE).
The “security package” was launched about a year later (July 15th, 2009, Law
No. 94); it introduced new, stricter regulations regarding rejections at the border;
it also introduced, for the first time in Italy, the so-called “crime of illegal
immigration”, giving the irregular stay a new degree of illegality, in addition to the
usual administrative expulsion measure to fight it. Furthermore, the status of
irregular migrant is now considered as an aggravating circumstance in every type
of crime carried out by the single immigrant, which increases the duration of arrest
(from six to twelve months) for the foreign citizen found to be without a valid
permit of stay. This “package” emphasizes the strengthening of measures to fight
irregular migration, both within the country (with the introduction of the crime of
illegal immigration, the implementation of stronger measures, such as the
prolongation of detention at the Identification and Expulsion Centres up to a
maximum of 180 days, and new administrative sanctions40) and outside the country,
with the intensification of coastal patrolling (particularly in Southern Italy) and
rejections at sea, thanks to the collaboration of some third countries.
In the light of the changes in legislation of the recent years, there are various
cases in which an expulsion may be ordered: the administrative expulsion, ordered
by the Ministry of the Interior for reasons of public order and national security; the
administrative expulsion, ordered by the Prefect41; the expulsion ordered by the court
as a security measure against a foreign citizen convicted of certain crimes provided
for in the Code of Penal Procedure, if he is found to be socially dangerous; the
expulsion as an alternative sanction to detention, ordered by the judge in case the
foreign citizen has been sentenced either to imprisonment for more than two years,
or to restraining order for specific crimes against the State or for the crime of
irregular entry and stay.
As already noted, among the various changes introduced by the “security
package”, there is one relating to the period of detention in the Identification and
Expulsion Centres (CIE), which may be extended to maximum of 180 days. The
police commissioner, after the first 60 days of detention, may request a first
extension of 60 days to the Justice of the Peace, in case of non-cooperation to the
return by the third-country national concerned, and in case of delays in obtaining
the necessary documentation from the countries of origin. A second extension of a
further 60 days can be requested if the implementation of the expulsion is
impossible due to other impediments. Furthermore, if at the end of this further
period of extension the expulsion order with forced accompaniment to the border
could not be executed, the police commissioner has to order the foreigner to leave
the country within five days, clearly indicating the possible legal consequences in
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
case of his violation of the order42. Under certain conditions, the police
commissioner “may implement the expulsion and rejection, even before the expiry
of the extended deadline, informing the Judge of the Peace without delay” (Law
94/2009, Art. 1).
Moreover, it should be noted that the same law (No. 94/2009) has reduced from
the fourth to the second degree of kinship the family bond which prevents the
expulsion of a foreign national exercising the right to reunification; the law, however,
confirmed the necessity of accurate controls of the nature of such bonds (both with
the family and their country of origin), as well as of the length of stay in the country.
Law No.94/2009, Transposition of Directive 2008/115/EC and the
Implementation of Directive 2004/38/EC. Another thing to note, which we referred
to earlier, is the approach adopted by the Italian legislation with regard to Directive
2008/115/EC concerning the application of assisted voluntary return. Until its
implementation, in fact, due to the introduction of the crime of illegal immigration,
irregular migrants could not enjoy the benefits of such measures. Initially, these
benefits were reserved only for certain categories of particularly vulnerable
foreigners (such as victims of trafficking, asylum seekers, etc.) and financially
supported by the so-called “Return Fund”, established at the Ministry of the
Interior by the same Law No. 94/200943.
Following the expiry, on December 24th, 2010, of the deadline set by the
European Union for the transposition of Directive 2008/115 concerning the
expulsion of irregular third country nationals, Italy (which waited until the deadline
before modifying its Consolidated Act on Immigration) was forced to implement the
so-called “gradually increasing intensity” procedure, set forth by the above
mentioned Directive44: a procedure that is distinctly different from the previous
approach provided by Law No. 94/2009, which was based on the immediate and
automatic expulsion. If the previous Italian legislation excluded the possibility of
employing the instrument of assisted voluntary return for irregular migrants, the
new Directive 2008/115/EC, while still contemplating the possibility of immediate
accompaniment, in case of security and public order needs45, establishes that the
expulsion46 should normally be enforced without any coercive measures, but – if
possible – through the voluntary departure of the foreign citizen, within a period
of time between 7 and 30 days (extendable under certain conditions). Therefore, in
Italy, in order to use an extension, the foreign citizen must prove to have enough
economic resources (at least three times the amount of a welfare check) and, in any
case, will be subject to measures imposed by the Police Commissioner, such as
passport suspension and the order of daily attendance at the police office until the
day of departure. Non-compliance means immediate expulsion and the application
of a fine from 3,000 to 18,000 Euros.
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Policy and legal framework in relation to irregular migration
As noted above, the Law Decree No. 89 of June 23rd, 2011, in addition to
transposing the Directive 2008/15/EC, also provided for the full implementation of
the provisions of Directive 2004/38/EC regarding the free movement of EU citizens.
It is worth mentioning the provisions in matters of “forcible removal”, which is
ordered by the Prefect and executed by the Police Commissioner when an EU citizen
or one of the members of his family, who are issued an administrative removal order
due to the cessation of the conditions required for their stay, do not fulfill their
obligations within the prescribed period. Forced return is allowed only when an EU
citizen becomes a threat to security and public order. The EU citizen who is issued
a removal order is required to prove that he/she has left the country, by contacting
an Italian Diplomatic Office abroad (such as the one of his country of origin).
Another new element, introduced by the Law Decree No. 89 of June 23rd, 2011,
regards the ban on re-entry. Before its approval, those who had been expelled could
not return before 10 years (except in case of a special authorization granted by the
Ministry of the Interior). At present, the ban on re-entry lasts for a period ranging
from 3 to 5 years (which can increase only in case of proven dangerousness of the
irregular foreigner). In addition, the irregular foreigner who has left the country
according to the deadline provided in the removal order, has the right to request a
revocation of the ban on re-entry by proving that he actually departed from the
country.
Another important aspect of the Law Decree No. 89 of June 23rd, 2011 concerns
the modification of the periods of detention at the Identification and Expulsion
Centres (CIE). In case of problems with the removal process, the period of detention
may vary from 30 days to a maximum of 18 months (an extension of time which
has been seriously questioned by humanitarian organizations). Once this detention
period is expired, if the foreigner has not been expelled yet, the Police
Commissioner is obliged to order him to leave the country within 7 days. In the
event that this measure is not observed and the irregular migrant is apprehended
by the police, he may be ordered to pay a fine of 10,000 to 20,000 Euros, sent again
to an Identification and Expulsion Centres and subjected to another removal order.
Italian Legislation on the Subject, in the light of the Verdicts of the
Constitutional Court and the Court of Cassation. New important elements have
been introduced by Law No. 94/2009. The irregular migrant is now required to
present a valid residence permit for the provisions on civil status (e.g. marriage,
birth registration, acquisition of citizenship, etc.). With regard to the celebration
of marriages, for example, the introduction of art. 1, paragraph 15 of Law No.
94/2009, in order to fight the phenomenon of the so-called “marriages of
convenience”, has imposed the irregular migrant who wants to get married in Italy
to show “a document attesting the regularity of his stay in the Italian territory”,
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
together with the usual authorization (nulla osta). This latter provision has led the
Italian Constitutional Court to declare, with Decision n. 245 of July 20th, 2011, the
partial illegality of art. 116, paragraph 1, of the Civil Code, as amended by Law No.
94/2009, because it limits a fundamental right of the person (therefore not just of
Italian citizens), namely the right to form a family through marriage.
This decision by the Constitutional Court came after a question of
constitutionality by the Court of Catania, regarding articles 2, 3, 29, 31 and
117, first paragraph, of the Italian Constitution. It was the result of an appeal
filed in August 2009 by a couple who wanted to get married, consisting of an
Italian and a Moroccan citizen, the latter lacking a document certifying the
regularity of his stay in Italy. This ruling by the Constitutional Court is a
comprehensive document which allows for an accurate analysis of the
regulatory framework (and therefore the political and cultural one as well)
which developed in the last years on the basis of an obsessive campaign for
security. It makes references to the amendment to the laws on the acquisition
of Italian citizenship by marriage47 and to the rules governing the issuance of
clearances to be requested by the officer of civil status. By this decision, in
responding to the question of constitutionality raised by the Court of Catania,
the Constitutional Court observed that, as previously deliberated (see Case No.
249 of 2010), “the inviolable right, laid down by art. 2 of the Italian
Constitution”, is guaranteed “to any individual, and does not belong to
participants in a particular political community, but to human beings as such”,
with the result that “the legal status as foreigners should not be regarded as
allowing diversified or pejorative treatments in its regard”. Therefore, the
Constitutional Court acknowledged the necessity to act against the
opportunistic “marriages of convenience” in order to “ensure control and
protection of the borders and of migration flows”, however the measure
introduced by the legislator (the amendment of Art. 116 of the Civil Code) was
“not capable of ensuring a reasonable and proportionate balancing of the
various interests involved”48.
Finally, we should remember the ruling by the First section of the Court of
Cassation of August 10th, 2011, No. 31869, concerning the provisions of the socalled “security package,” which foresees the imprisonment for the irregular
foreign national who repeatedly ignores the order of expulsion and remains
irregularly in the country without a valid reason. On this regard, however,
according to the advocate general at the European Court of Justice, Jan Mazak,
the European law forbids detention in case of non-compliance with an
expulsion order within the prescribed period, guidance then transposed in the
Court judgment49.
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Policy and legal framework in relation to irregular migration
2.3. Institutional framework
Main Institutions Responsible for the Implementation of Migration Policies.
The Ministry of Interior, in collaboration with other departments and public bodies,
is the main institution dealing with the matter of migration, in particular through
the “Department for Civil Liberties and Immigration” and the “Department of Public
Security”.
The first one, the Department for Civil Liberties and Immigration, operates in
the field of tasks typical for the Ministry of Interior: protection of civic rights,
included the rights concerning asylum and immigration, by paying special attention
to the integration in Italy of foreign citizens. To run this task in the area of
migration policies there are three internal structures of the Department: the Central
Directorate for Immigration and Asylum Policies, the Central Directorate for
Immigration and Asylum Civil Services and the Central Office for Civil Rights,
Citizenship and Minorities.
In the area of the activities of this Department there is also the National
Commission for the Asylum Right, the most powerful State’s agency dealing with
asylum and recognition of the international protection status. This Commission,
that replaced the Central Commission for the Refugee Status Recognition (which
had an exclusive competence in Italy in dealing with refugee status recognition),
outlines and coordinates the work of the Territorial Commissions for the
International Protection Recognition and has a decisional power as far as it
concerns repeals and suspensions of the status granted by the Territorial
Commissions.
As we have already mentioned, besides the Ministry of Interior, operating by
means of Departments presented above, there are other Ministries to deal with the
organization of migration and asylum policies. In particular, the Ministry of Labor
and Social Policies and the Ministry of Foreign Affairs.
One of the segment of the Ministry of Labor and Social Policies, in particular the
General Directorate for Immigration, treats this matter on two different fronts. The
first one concerns the rules and regulations governing the entry for work reason of
the third country citizens, by annual flows programming as well as managing and
monitoring of entry quota; and the bilateral cooperation with countries of origin.
The second front concerns the coordination of inclusion and social cohesion
policies, by adopting measures of integration of foreign citizens in the Italian
society, that is the cultural mediation activities, linguistic alphabetization, civic
formation, etc. Among the organs of the General Directorate for Immigration there
is also the Committee for Foreign Minors, whose task is to promote the protection
measures towards foreign minors, both those unaccompanied and those temporarily
received on the Italian territory. Lastly, as regards the competencies of the Ministry
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
of Labor and Social Policies, we should enumerate those concerning the “nihil
obstat” issued for foreign workers employment (through the Territorial Labor Offices
- Direzioni Provinciali del Lavoro).
The Ministry of Foreign Affairs, through the General Directorate for Italians
Abroad and Migration Policies, handles competencies in immigration matters, too.
In particular, the General Directorate deals with the consular affairs and questions
regarding foreign citizens in Italy, as well as makes analysis of social and migration
issues in connection with international organizations and agencies. There are two
main Offices, segments of this general Directorate: the Office for Migration and
Asylum Policies (number V) and the Visa Office (number VI). The V Office handles
juridical and administrative matters regarding foreign citizens in Italy as well as
asylum applicants and refugees; it cooperates in the field of migration flows
planning and contributes to the promotion of bilateral agreements in migration
matters. Whereas the VI Office deals with the visa questions for foreign citizens as
well as the relevant entry regulations.
The National Council of the Economy and Labour (CNEL), an auxiliary State
Agency foreseen by art. 99 of the Italian Constitution, also has a special Area
dedicated to migration. Furthermore, within the CNEL there is the “National
Coordination Body for the social integration policies of foreign citizens to a
local level”, established by the Legislative Decree No. 286/1998 (in particular
by art. 42, par. 3).
Strategies to Control and Fight Irregular Migration. In the context of the
organizational structure described above, measures to control and fight irregular
migration play a fundamental role in addition to the policies regarding the phases
preceding entry and stay. In this perspective, with the aim to promote the
development of effective strategies and to address issues regarding irregular
migration, Law No. 189 of July 30th, 2002 (the so-called “Bossi-Fini”), art. 35, par.
1, established the “Central Directorate of Immigration and Border Police” within the
Department of Public Security, with the task of «promoting and coordinating border
police activities and fighting irregular migration».
Therefore, the “Central Directorate” is aimed at coordinating surveillance,
prevention and counter activities against irregular migration by sea, in cooperation
with the Italian Navy and Port Authority Police. Within the Directorate, the
Department of General and Legal Affairs is subdivided into three areas
(management and organizational, administrative and accounting, legal and
regulatory), whereas the Immigration Service deals with the irregular presence of
foreign citizens, taking care of the operational and administrative activities
concerning the fight against irregular migration and the actions related to
international police cooperation. Finally, within the “Central Directorate”, the
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Policy and legal framework in relation to irregular migration
Immigration and Border Police Service is responsible for safety and security in
border areas, airports and seaports, but also for the coordination of all activities
relating to residence permits. This service also provides support for the granting of
citizenship, the recognition of the right of asylum and refugee status. In addition,
the Immigration and Border Police Service coordinates the Immigration Offices at
the Italian police headquarters.
The inter-ministerial decree of July 14th, 2003 on irregular migration further
clarified that the actions at sea are of exclusive competence of the “Central
Directorate”, which has the task to gather and examine information relating to
surveillance, prevention and counter activities against irregular migration by sea,
as well as coordinate the interventions implemented by the Navy and other police
naval units. Exactly one year later (July 29th, 2004) a specific agreement for
technical and operational measures related to irregular migration by sea (later
updated on September 14th, 2005) was signed between the General Staff of the
Navy, the General Command of the Guardia di Finanza (the Italian Financial Police),
the General Command of the Carabinieri, the General Command of the Port
Authorities and the Central Directorate of Immigration and Border Police. This
agreement outlined the procedures of intervention and the different competences
and responsibilities in coordinating air and naval resources in the fight against
irregular migration. Very briefly, the responsibility for coordinating prevention and
counter activities against trafficking of migrants in international waters is
attributed to the Navy, whereas the Guardia di Finanza (the Financial Police) is
entrusted with the task of coordination within the territorial waters and the
contiguous area. Rescue operations at sea, however, are normally entrusted to the
Command of the Port Authority.
In addition to establishing the “Central Directorate”, art. 35 of the Law No. 189
of July 30th, 2002 also formed a team of “Italian Police experts” (art. 36), who are
sent to Italian embassies and consulates with the task of operating as part of a
strategy aimed at preventing irregular migration. Finally, art. 37 of the law No.
189/2002 also introduced provisions relating to the Parliamentary Committee
monitoring the implementation of the Schengen Agreement, supervising the
activity of the European Police Office (the EU anti-crime agency which became
operational in July 1999 and is known as “Europol”) as well as supervising and
verifying issues related to migration. In particular, Law No. 189/2002 attributes to
this Committee «tasks of guidance and supervision on the implementation of the
law [itself], as well as the international agreements and the other regulations on
immigration and asylum».
In the previous paragraphs we already reported about Centres for reception,
detention, identification and eventual expulsion of irregular migrants, indicating
how these structures can be basically classified in three types (Reception Centres -
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
CDA, Reception Centres for Asylum Seekers - CARA, and Identification and Expulsion
Centres - CIE). It has to be underlined that their task is to prevent the spread of
irregular migrants in the country and enforce any expulsion measure by the police,
contributing - in the intention of the legislature - to ensure national security as
well as protect the fundamental rights of the migrants themselves.
Other organizations involved in migration policies regarding irregular
migrants. Alongside the institutions described above, among which we must
also mention the network of the Italian Municipalities National Association
(ANCI), in particular in supporting asylum seekers and refugees50, there are
other organizations involved in the migration policies, who are working at a
national or local level.
There is, in fact, a vast network of nongovernmental and, more generally,
humanitarian organizations which at various levels have to deal with the migration
phenomenon on a daily basis. Some of these organizations provide useful
information (including legal and administrative assistance) and first reception, as
well as integration measures (socio-economic and socio-cultural inclusion and
cohesion); sometimes they are also involved with the accompaniment of migrants
subject to a removal order. Since the network of organizations involved is very wide,
we hereby mention, by way of an example, the Italian Council for Refugees (CIR),
Caritas, the Migrantes Foundation, the Arci, the Christian Associations of Italian
Workers (ACLI), the trade unions and workers patronages51.
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3. Practical measures to reduce irregular
immigration
3.1. Pre-Entry: practical measures undertaken to address irregular
migration before the migrant arrives in Italy
Introduction
Italy manages relationships with developing countries (DCs), from which most
flows come from, within the broader development cooperation that can be
considered best qualified to support the local employment market and, therefore,
functional, if necessary, to a more satisfactory development of migration flows.
Lately, even projects focusing on local development have been intensified, which
enhance the immigrants’ resources. Turning more specifically to the management of
flows, Italy, in line with the commitments taken under the European Pact on
Immigration and Asylum and the so-called Stockholm Programme, has signed several
bilateral agreements with third Countries to select candidates for planned migration
flows and combat irregular flows and related trades.
These bilateral agreements are of various kinds: those of readmission, border
police cooperation, and technical assistance are the most common.
The bilateral agreements on readmission and tackling irregular migration (twenty
are those currently in force) contain the reciprocity clause, but in some agreement
this suffices to be alleged. As a counterpart to the Contracting State, there may be
offered preferential quotas on the annual flow-Decree and also technical and other
forms of support for the selection of skilled labour (for an exhaustive overview
please refer to section 3.3.1. on “stay”).
One specific category consists of agreements on the regulation and management
of labour migration flows, so far signed with Moldova, Morocco, Egypt, and lastly,
with Albania, while one is being negotiated with Tunisia, in order to strengthen the
regular channels of entry into the labour market through the exchange of
information, sharing of technical tools, drafting lists of workers in the Country of
origin, with training opportunities on site including the teaching of Italian
language, etc52.
Clearly, these measures have in common the objective of strengthening the
regular channels of entry of foreign workers and planning positive action.
On the contrary, police agreements, signed with approximately forty countries,
are intended to develop a joint action to combat the exploitation of irregular
immigration and trafficking in human beings53. Lastly, it is worth mentioning,
among these, the police agreement signed on 5th April 2011 with the new
authorities of Tunisia (see box).
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
3.1.1. Interventions in Third countries: from cooperation to programming
3.1.1.a) Development cooperation: scholarships and development projects on site
Within the Law 49/87 and under the Presidential Decree 177/88, the
Ministry of Foreign Affairs (the Office IX of the Directorate General for
Development Cooperation) promotes the education of citizens from developing
Countries through scholarships in Italy under “direct management” or through
contributions to courses aimed at acquisition of university degree, graduate
studies, and Ph.D. in technical and scientific areas (engineering, agriculture,
economics, medicine, etc.). The four thematic areas preferred are the
management of primary resources (water, agriculture, environment), the
development of small and medium businesses (planning, financing, marketing,
industrial design, production techniques and districts-status of water supply),
strengthening of health sector, and the capacity and institution building (good
governance and peace-keeping). The scholarships in “direct management” are
granted upon formal request submitted to the Directorate General for
Development Cooperation by the government authorities of the Countries of
origin of candidates through the Italian Embassies abroad54.
ITALY. Immigrants’ Countries of origin and Countries receiving official development assistance
- ODA (2009)
Countries
RANkING FOREIGN RESIDENTS
Residents
Income
classes*
Albania
Albania
Morocco
China R.P.
Ukraine
Philippines
India
Moldova R.
Tunisia
Macedonia
Peru
Ecuador
Egypt
Sri Lanka
Bangladesh
Senegal
466.684
466,684
431,529
188,352
174,129
123,584
105,863
105,600
103,678
92,847
87,747
85,940
82,064
75,343
73,965
72,618
3
3
3
3
3
3
3
3
3
3
3
3
3
3
1
1
RANkING RECIPIENT COUNTRIES OF ODA
Residents
Euros
(nr and ranking position)
disbursed
(thousands)
Afghanistan
3.372 (57°)
43.081
Afghanistan
3.372 (57°)
43,081
Ethiopia
8.350 (39°)
36,538
Palestine
494 (97°)
28,038
Albania
466,684 (1°)
24,574
Lebanon
3,860 (53°)
17,903
Mozambique
301 (107°)
16,688
Senegal
72,618 (15°)
13,084
Sudan
2,436 (64°)
12,744
Uruguay
1,643 (70°)
8,277
Jordan
2,638 (60°)
8,207
Iraq
2,547 (61°)
8,000
Egypt
82,064 (12°)
6,495
Pakistan
64,859 (16°)
6,369
Yemen
218 (111°)
6,128
Somalia
7,728 (40°)
5,452
Countries
Income
classes*
1
1
1
3
3
4
1
1
1
4
3
3
3
2
1
1
*Classification of the Assistance Committee (DAC): 1: Least Developed Countries, 2: Countries with low income; 3:
Countries with low and middle income; 4: Countries with upper middle income.
SOURCE: EMN Italy. Elaboration on ISTAT data, Ministry of Foreign Affairs and OECD
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Pratical measures to reduce irregular immigration
The relationship between poverty, migration and development co-operation is
very complex. From the analysis conducted by the Immigration Statistics Dossier
2010 Caritas/Migrantes55, with the collaboration of the Italian NGO Intersos, it
comes out that the fifteen largest countries of origin of immigrants are those of
medium development (i.e. Albania, China, Ukraine, Tunisia, Egypt, etc.) and not the
poorest countries, for mainly those who can afford to pay for the trip migrate. In
fact, among the fifteen priority Countries for interventions of development
cooperation in 2009 (Afghanistan, Ethiopia, Palestine, Albania, Lebanon,
Mozambique, Senegal, Sudan, Uruguay, Jordan, Iraq, Egypt, Pakistan, Yemen,
Somalia), only Albania, Senegal and Egypt have a significant migration to Italy and,
in any case, it cannot be said that development cooperation has so far affected in
containing migration flows. It is well known in the scientific literature that,
paradoxically, in case cooperation reaches its goals by creating development in the
poorest countries, initially this could lead to a parallel growth of migration flows.
Certainly there is a virtuous relationship between development and migration, but,
according to experts, the effects are going to be visible only in a long-term
strategic and political vision and on condition that there is coordination at
European and international level, with aid programs that create widespread real
growth and development in the poorest areas.
Migration itself constitutes a development aid through remittances, which have
exceeded in Italy 6 billion euro per year since 2008, limited to the flows passing
through the official channels (banks or money transfer).
In Italy the project “MIDA” (Migration for Development in Africa) turns this
approach into practice. The project aims to promote and support an innovative
strategy of international cooperation, aimed at enhancing the leading role of
immigrants in the socio-economic growth of countries of origin, through the
identification of sustainable pathways for channelling financial, human and social
resources, and possible synergies between the territories of origin and of
destination. Joining MIDA strategy does not necessarily mean physical return, but
a transfer of resources in line with the priorities identified in countries of origin. In
this strategy, the IOM office in Rome, with the support of the Italian Cooperation
(Ministry of Foreign Affairs), has been engaged since 200356 in the construction of
a MIDA program aimed at Sub-Saharan African Diaspora in Italy, building conditions
to allow immigrants to create small and medium-sized enterprises in their countries
of origin and facilitating their access to innovative financial instruments. In
addition, a specific objective is to provide adequate training in the country of
origin for the creation of businesses in Ghana and Senegal, with accompanying
forms and monitoring.
Because the results were considered positive, in 2009 it was decided to replicate
this project in Latin America under the name “MIDLA” (Migration for Development
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
in Latin America) to achieve the same objectives of MIDA in Latin America57. Also,
always promoted by the IOM and funded by the Ministry of Foreign Affairs, the
program WMIDA (Migrant Woman for Development in Africa) was launched in 200858
and the MIDA-Somalia program in 201159.
3.1.1. b) Awareness campaigns in third Countries
Awareness campaigns aimed at preventing irregular migration from third
countries characterized by high migratory pressure are mainly sponsored by Italian
Cooperation for Development through the financial and operational involvement of
international, national and, most of all, local partners such as IOM, countries of
origin competent Ministries and NGOs. The impact of this awareness campaigns is
immediate, considering the wide variety of actions to be implemented, and may
focus on specific targets like, for example, unaccompanied minors.
Egypt. Information Dissemination on Migration (IDOM60). In early 2007, the
second phase of the IDOM project, funded by the Italian Cooperation for
Development and implemented by the IOM, was conducted through an information
campaign, based on the social profile of migrants drawn from a previous survey, in
order to limit Egyptian irregular migration. Within the program there have been
prepared TV programmes and radio teasers and commercials, true story
documentaries, by collaborating with several newspapers, with the media and the
Egyptian NGOs 61.
Safe Migration and positive alternatives for Egyptian Youth. The migration flows
also involve several hundred Egyptian unaccompanied minors. For this reason, the
European Fund for Integration, with the funds of 2008, has encouraged the creation
of an information campaign aimed at Egyptians minors, potential migrants to Italy,
and their families, which was meant to enhance awareness of the authorized entry
in Italy and highlights concrete linguistic education and training opportunities in
Egypt, in order to foster the creation of successive experiences of social integration
in Italy62. The information campaign Safe Migration and positive alternatives for
Egyptian Youth63 (implemented by the IOM) was launched on 17th November 2009
by the Egyptian Ministry for the Family and Population, together with the Governor
of El Fayoum, the Italian Ministry of Labour, Health and Social Policies, and the
highest representatives of the Embassy of Italy in Cairo64.
Between March and April 2011, the IOM conducted a survey among young
Egyptian between 15 and 29 years (750 interviews), which lead to the fact that the
respondents mainly believe that it is not easy to immigrate regularly. Around half
of the respondents are not aware, in fact, of any regular channels of migration,
although 90% of them do not personally know smuggler or trafficking networks.
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Pratical measures to reduce irregular immigration
Finally 58% of Egyptians youth willing to migrate perceive Italy as the easiest
destination for irregular migration65.
Morocco. Awareness campaigns around the dangers of immigration: “Support for
tackling and preventing the migration of unaccompanied minors”. The irregular
migration of unaccompanied minors departing from the Maghreb countries has
grown steadily from the ‘90s. Since October 2008, this project, led by the Italian
International Cooperation South South (CISS) in partnership with the Moroccan
NGO Tanmia, has led to a campaign to raise awareness of dangers of irregular
migration of unaccompanied minors from Morocco. The campaign took place in the
regions of Chaouia-Ourdigha, Tanger-Tetouan and Oriental, where the main
migration flows start leaving to Europe. The project aims to support the prevention
and fight against this specific form of irregular migration by raising awareness of
the population to the dangers of irregular migration and is funded by INDH-PASC
Program (Projet d’Appui à la Société Civile en soutien à l’Initiative Nationale de
Développement Humain/Project support to Civil Society in support of National
human Development Initiative). The PASC program is funded by the Italian
Cooperation and managed by Programme des Nations Unies pour le Développement
(UNDP) in Morocco66. The project has, among other things, developed a pedagogical
kit aimed to raise awareness of dangers of child migration, using comics and
cartoons, and has produced user guides designed in relation to different users. The
cartoons on the stories of children at risk of immigration are multilingual (Arabic,
Berber, French and Italian)67.
Albania. Information Programme for Albania - 1997/1999. The initiative was
specifically focused on an awareness campaign on the consequences of
unauthorized emigration from Albania to Italy. The project was carried out through
close collaboration with the Albanian media. Among the most significant, the
broadcasting of a series of radio and television programs concerning the issue of
prevention of irregular migration68. In subsequent years additional campaigns were
launched to raise awareness through the involvement of IOM mission in Tirana.
Moldova. Information campaign on the risks of Moldovan irregularly staying in
Italy. An information campaign in Moldova was launched by Moldovan-Italian
Cooperation and Development Institute69, the newspaper Flux, the Nit television
and Teleradiomoldova, in collaboration with the Reception Centre “Regina Pacis”
from Italy. The campaign has seen many calls from families anxious for their
daughters, sisters, mothers and relatives, led to ask for help and advice, and drew
attention to the need for greater caution. It highlighted the need for information
services on job opportunities in Italy, on the Italian and European regulations
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
concerning entry visas and residence permits, as well as the dangers of
irregularities and the lawful opportunity of finding work70.
Office of information on migration and social services (Patronage ACLI). After
the signing of the cooperation agreement by the Foundation “Regina Pacis”
with the ACLI Patronage (Catholic Associations of Italian Workers), from 1st
January 2010 the project “Information Office of the population” on migration
and protection of workers’ rights has started. In this regard, following the
signing of the agreement with the Italian Embassy in Chisinau, at the Visa
Section of the Mission information activities towards Moldovan citizens who
intend to apply for an entry visa for Italy have started. These activities of the
ACLI Patronage are held within the Italian embassies in 17 countries around the
world in collaboration with the Italian Foreign Ministry, providing assistance
and information concerning the achievement of entry visas to Italy; this also
includes the procedure for Moldovan students to get scholarship in Italian
universities, and the regular stay in Italy (permit application, liaison with
government offices, police, city hall, health services, the education of minors,
etc.), the familiarization stage with the Italian legislation on labour and social
security, service tax, family law and assistance in the field of protection of
rights of migrant workers. The number of users has been increasing: 776 in
November 2010 and 4,289 individuals in the course of the whole year, several
of which have addressed to the office several times71.
Kosovo. Information campaign to promote regular migration. The
International Organization for Migration office in Pristina has launched an
information campaign to promote safe migration and prevent the irregular
immigration of Albanians into Italy from kosovo and, especially, to combat
human trafficking, that achieved by now a substantial profit. In fact, according
to a recent IOM survey, 70% of the population does not know the procedures
for getting a visa valid for travelling abroad, while 78% say that it is easier to
leave the country irregularly. The IOM, therefore, has organized a range of
activities in the various local municipalities, as well as the broadcasting of
service announcements on radio aimed primarily at people aged between 16
and 30 years, that is the age group of migrants that are more likely to respond
to the lure of traffickers and smugglers72.
Ukraine. The two-year project of “capacity building”. This project, funded by
the Italian cooperation with the involvement of the Ministry of Family, Youth
and Sports and Ministry of Education and Science of the Government of Ukraine,
was launched in December 2008 towards Ukrainian local institutions for the
148
Pratical measures to reduce irregular immigration
empowerment of migratory and social-educational policies on behalf of
children, women and local communities. One of the specific objectives of the
project is aimed to sensitize local communities on the phenomenon of women
migration to Italy, which greatly impacts particularly on children, and young people
that are temporarily without a mother or without both parents, through a largescale information campaign73.
3.1.1.c) Preferential quotas foreseen for programming entry flows
Cooperation with third countries provided through readmission agreements (see
par. 3.3.1) is not only to persuade the acceptance of the re-entry of their citizens,
but also for providing assistance in terms of consulting service, technical equipment
and support service, such as financial support for the establishment of reception
Centres for these individuals at the time of readmission.
In addition, since 1998 the annual flows Decrees provide “preferential quotas”
to the signatory States of those agreements, as determined by Decree of the
President of the Council of Ministers74. In the 2006, 2008 and 2009 flows Decrees,
the quotas were higher than the applications effectively presented, while in the
most recent years the quotas had been underestimated compared to the real need.
So far there are 25 Third countries to receive these quotas.
The 2009 was a peculiar year for there have not been established the entry
quota, and it was approved a measure to regularise domestic workers (see, for
details, par. 3.4.1).
In 2010, the highest quotas were assigned to Egyptian (8,000 positions) and
Moldovan (5,200 positions). In addition, it should be also noted that 4,000
positions are reserved for the benefit of non-EU citizens attending programs of
training and education in the country of origin (Circular of the Ministry of Interior
jointly with the Ministry of Labour 3rd January 2011, No. 18), a specific form of work
that will be discussed later (see Par 3.1.1.d).
The preferential quota do not include workers from new Member States Romania and Bulgaria which, while not yet enjoying the full extent of freedom of
movement, may have free access to important areas of employment (Circular No. 2
of 20th January 2010 of Ministry of Interior and Ministry of Labour and Social
Policy).
Under the flow Decree it is possible to apply for the conversion of a valid
residence permit for study or of vocational training permit into a residence permit
for self-employment. For example, the 2010 flow Decree for seasonal workers has
planned to convert up to 1,500 positions from study to self-employment and 2,000
positions assigned to non-EU citizens who have completed vocational training and
education programs pursuant to article 23 of the Consolidated Act 286/1998.
149
150
Domestic work
Construction
Nursing
Sea fishing
Total sector-based quotas
Self-employment
Study – Self-employment
0
0
3,500
3,500
3,500 17,500
3,500
2,000
500
2,000
8,000
3,000
ITALY. Flow programming decrees and preferential quotas for non-EU nationals (1996-2011)
1996
1997
1998
1999
2000
2001
1. TOTAL FLOW DECREE
23,000 20,000 58,000 58,000 83,000 89,400
1.1.TOTAL SEASONAL
39,400
1.2.TOTAL NON-SEASONAL
50,000
Total quotas for countries (a + b)
6,000 6,000 17,500 15,000
a) of which for specific countries
6,000 6,000 15,000 15,000
Albania
3,000
3,000
6,000
6,000
Algeria
Morocco
1,500
1,500
3,000
1,500
Tunisia
1,500
1,500
3,000
3,000
Somalia
500
Egypt
Moldova
Nigeria
Senegal
Sri Lanka
Bangladesh
Pakistan
Philippines
Ghana
India
Peru
Ukraine
Niger
Gambia
Reserve
3,000
4,000
b) of which other quotas
0
0 2,500
0
Argentina*
Uruguay and Venezuela*
Brazil*
Libya (autonomous workers
Romania (including seasonal work,
2,500
300
200
200
500
300
200
200
1,000
500
500
1,000
4,000
4,000
1,300
800
500
600
2,000
2,000
5,500
5,000
2003
79,500
68,500
11,000
3,800
3,600
1,000
2002
79,500
60,000
19,500
14,000
10,000
3,000
3,000
1,250
1,250
400
2,500
400
1,500
1,500
1,000
1,500
1,500
2,000
2,500
3,000
2004
79,500
50,000
29,500
20,400
20,000
3,000
18,500
1,250
1,250
15,000
200
2,500
57,500
1,500
1,500
45,000
500
200
94,400 105,400
1,500
1,500
65,000 105,400
14,200
500
0
50,500
1,500
1,500
30,000
1,000
500
0
2005
2006
2007
2008
2009
2010
2011
99,500 550,000 252,000 230,000 80,000 184,080 60,000
45,000 80,000 80,000 80,000 80,000 80,000 60,000
54,500 470,000 172,000 150,000
104,080
21,000 38,500 47,600 44,600
53,580
20,800 38,000 47,100 44,600
52 ,080
3,000
4,500
4,500
4,500
4,500
1,000
1,000
1,000
2,500
4,000
4,500
4,500
4,500
3,000
3,500
4,000
4,000
4,000
100
100
100
100
80
2,000
7,000
8,000
8,000
8,000
2,000
5,000
6,500
6,500
5,200
2,000
1,500
1,500
1,500
1,500
1,000
1,000
2,000
1,500
3,000
3,500
3,500
3,500
1,500
3,000
3,000
3,000
2,400
1,000
1,000
1,000
1,000
1,000
1,500
3,000
5,000
5,000
4,000
1,000
1,000
1,000
2,000
1,800
1,800
1,800
1,000
1,000
700
1,400
2,500
1,000
200
500
500
0
0
1,500
0
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
10.3%
1999
15,000
2000
17.6%
75.47%
2002
500
4.8%
86.16%
2003
500
25.7%
62.89%
2004
500
21.1%
45.23%
2005
1,000
2006
1,000
21.1%
7.0%
14.55%
3,500
30,000
18.9%
31.75%
500
3,000
2,500
1,500
2007
1,000
19.4%
34.78%
2008
2009
29.1%
43.46%
3,000
3,000
4,000
1,000
500
6,000
2010
2011
SOURCE: EMN Italy. Elaboration on data from the Ministry of Interior and Ministry of Labour and Social Policy
* Quotas for Argentina, Uruguay, Venezuela and Brazil are reserved to a specific list of workers of Italian origin made by the Diplomatic or Consular offices of those countries (this includes seasonal workers
as well).
** Quota reserved to the “issuance of work permits for temporary employment (also seasonal), stable employment and conversion of residence permits for study and training into residence permits for
employment (according to Presidential Decree 394/99 art. 14 par. 5), as well as to entries for self-employment (according to art. 23 of the Consolidation Act), only for Rumanian workers.” (Circular n.
72/2000 of October 27th, 2000, prot. n. 5565).
1996: Decree of the Ministry of Foreign Affairs of December 27 th, 1996; 1997: Interministerial Decree of July 23rd, 1997; 1998: Interministerial Decree of December 27th, 1998 (advance quotas for 20,000
seasonal workers) and Prime Ministerial Decree (DPCM) of October 16th, 1998 (integration of 38,000 seasonal and non-seasonal workers); 1999: DPCM of August 4th, 1999 (seasonal and non-seasonal
workers); 2000: DPCM of February 8th, 2000 (63,000 seasonal and non-seasonal workers), Ministerial Decree (DM) of June 8th, 2000 (20,000 seasonal workers) and Circular n. 89/2000 of December 14th, 2000,
prot. n. 6636 (which modified the reserved quotas); 2001: DPCM of April 9th, 2001 (50,000 non-seasonal and 33,000 seasonal workers) and Decree of the Ministry of Labour of July 12th, 2001 (6,400
seasonal workers); 2002: DM of February 4th, 2002, DM of March 12th, 2002, DM of May 22nd, 2002, DM of July 16th, 2002 (advance quotas for 56,000 seasonal e 3,000 non-seasonal self-employed workers)
and DPCM of October 15th, 2002 (16,500 non-seasonal and 4,000 seasonal workers); 2003: DPCM of December 20th, 2002 (60,000 seasonal workers) and DPCM of June 6th, 2003 (19,500 seasonal and nonseasonal workers); 2004: DPCM no.1 of December 19th, 2003 (50,000 seasonal workers) and DPCM no. 2 of December 19th, 2003 (29,500 non-seasonal workers). (Furthermore, the DPCM of April 20th, 2004
foresees 20,000 non-seasonal workers from new EU Member States, and DPCM of October 8th, 2004 foresees 16,000 seasonal workers from new EU Member States, which have not been considered in the above
table); 2005: DPCM of December 17th, 2004 “Transitional planning of entry flows of non-EU workers into Italy for 2005” (54,500 non-seasonal and 25,000 seasonal workers) and Circular n. 3426 of April 22nd,
2005 (20,000 seasonal workers). (Furthermore, DPCM of December 17th, 2004 “Planning of entry flows of workers from new EU Member States into Italy for 2005” foresees a quota of 79,000 workers from new
EU Member States (seasonal and non-seasonal workers), which is not considered in this study). 2006: DPCM of February 15th, 2006 (120,000 non-seasonal and 50,000 seasonal workers), DPCM July 14th, 2006
(30,000 seasonal workers) and DPCM of October 25th, 2006 (350,000 non-seasonal workers); 2007: DPCM of October 30th, 2007 (170,000 non-seasonal workers) and DPCM of January 9th, 2007 (80,000
seasonal and 2,000 non-seasonal workers); 2008: DPCM of November 8th, 2007 (80,000 seasonal workers) and DPCM of December 13th, 2008 (150,000 non-seasonal workers); 2009: DPCM of March 20th, 2009
(80,000 seasonal workers); 2010: DPCM of April 1st, 2010 (80,000 seasonal and 6,000 non-seasonal workers) and DPCM of November 30th, 2010 (98,080 non-seasonal workers); 2011: DPCM of February 17th,
2011 (60,000 seasonal workers).
Remaining production sectors
% total quotas for specific
% seasonal workers out of total
16.8%
44.07%
3,000
2001
2,000
10.3%
1998
Conversion from seasonal work
Permit of stay issued by other EU
Permit of stay issued by other EU
Formation and apprenticeship
1997
2,000
2,000
1996
Road Transport
Study – work conversion
Apprenticeship (and/or training) –
Managers and highly qualified
l
IT and Communication
technologies
Pratical measures to reduce irregular immigration
151
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
3.1.1.d) Cooperation in the field of work
Agreements on work
These agreements, which concern the regulation and management of migration for
work, involved Morocco, Egypt and Moldova (while a similar agreement is being
negotiated with Tunisia) and they were subject to an extensive analysis in the EMN
study Satisfying labour demand through immigration. The Italian case75. Moreover, it
must be noted the recent agreement on migration for employment purposes (July
2011) signed with Albania, in addition to the previous bilateral agreement signed in
2008.
The objective of these agreements is to promote contact between the demand
and labour supply, ensuring the condition of reciprocity under which the foreign
citizen is guaranteed the same treatment as Italian citizens only if an identical
treatment is warranted to Italian citizens in the foreign country from which the
foreigner belongs. The provisions also enhance the selective mechanisms of
qualified foreign workers in accordance with the requirements of the Italian labour
market and they are committed to promoting the professional and linguistic
training of workers that are candidate for migration.
Morocco. The bilateral agreement between the government of the kingdom of
Morocco and the Italian government was signed in Rabat on 21st November 2005,
according to official regulations regarding entry into Italy of non-EU citizens for
work purposes. Bilateral agreement between Italy and Morocco on employment
matters was followed by an executive protocol signed in Rome two years later, on
9th July 2007. The agreement with Morocco ensures the citizens of this country who
participate in language training a preferential evaluation by the Italian authorities
on the entry into Italy for work, depending on the conditions of the labour market
and in accordance with the “three-year program document” dealing with
immigration policies, as well as with the current legislation (see art. 7).
Egypt. The text of the bilateral agreement between the Italian and the Egyptian
government was signed in Cairo on 28th November 2005, in accordance with Italian
regulations on the entry of non-EU citizens for employment reasons. The executive
protocol was signed jointly with the agreement. The agreement with Egypt, unlike
the others, includes a commitment on the part of both parties to ensure that its
citizens “who enter the country for reasons of employment do not represent a threat
to the security and public order of the host country” (see art. 4, par. 2)76. Article
10 stipulates that both parties (through their own authorities at the adequate
level) will facilitate appropriate contacts between the private sector and the
relevant institutions, which would allow a smoother selection and training process
of migrant workers.
152
Pratical measures to reduce irregular immigration
Moldova. As part of the growing bilateral cooperation, on 5th July 2011, Italy
has signed a new agreement with Moldova on migration for employment purposes.
This Agreement introduces significant innovations compared to the previous
agreement of 2003, aiming primarily to convey a solution to the increasing
negative impact that this outflow of labour produce on the economic system and
social fabric of Moldova, through mechanisms of “circular migration”, i.e. return
immigrant workers in the country of origin. At the same time, the agreement
provides to guide the ongoing migration with language and vocational training
programs and selection mechanisms of Moldovan labour that take into account the
needs expressed by the Italian labour market. In addition the Ministry of Labour
and Social Policy will provide operational support through the establishment of a
Local Coordination Office in Moldova77.
Albania. On 19th July 2011, Italy signed an agreement with Albania on
migration for employment purposes that strengthens and develops the previous
bilateral agreement signed in 2008. It introduces significant innovations aimed, not
only, to convey a solution to the severe impact that Albanian emigration has at
economic and social level through mechanisms of circular migration, but also, to
guide the phenomenon of migration with language training programs and
vocational qualification and through selection mechanisms of the Albanian labour
who wishes to emigrate. Another innovation is the establishment in Tirana of a
Local Coordination Office of the Ministry of Labour, under the aegis of the Italian
Embassy, to support the activities of selection and recruitment of Albanian workers
and cooperation in training efforts, also by fostering the networks of Italian
companies and operators responsible for the encounter between work supply and
demand78.
Vocational training initiatives abroad to facilitate integration in the
annual quotas
These initiatives, placed within the professional training system and preparing
for social integration in Italy, are governed by a provision contained in the
Consolidated Text on Immigration (art. 23 concerning “evidence of pre-emption” of
the Consolidated Act on Immigration 286/1998). It is about training programmes
attended by non-EU citizens directly in the countries of origin. Foreigners trained
under these programmes have priority of access under the annual quota of flow
Decree. In the coming years it is intended to involve in this form of international
cooperation also the associations of employers and trade unions79.
In 2004-2005 the Directorate General of Immigration of the Ministry of Labour
and Social Policy has made some pilot projects (training, vocational guidance and
Italian language learning on-site, intended for workers that once finished the
153
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
course were able to make their entry in Italy) fot the benefit of 200 Moldovan
workers, 250 Tunisian and 100 workers from Sri Lanka, selecting candidates for
migration in cooperation with the competent local authorities80.
During the period 2007-2009 other training projects have been approved, for a
total of 990 beneficiaries, in the following countries: Morocco (360 participants),
Peru (210), Ukraine (165), Moldova (90), Tunisia (30), China (30), Albania (20),
India (15), Ethiopia (15), Nepal (15), Nigeria (10), Russia (10), Philippines (10)
and Brazil (10).
As discussed above, these initiatives are about highly skilled labour; however,
compared to the large numbers that characterize the additional labour needs in
Italy, this is a small group of participants that involves a significant financial
backing. For this reason, it was decided to harmonize these initiatives through the
direct involvement of enterprises or other intermediate agencies. According to the
inter-ministerial plan “Italy 2020”, “the mechanism of training in Countries of
origin - the so-called titles of pre-emption - is now of no effect. Public action
should lead to a real possibility for enterprises and authorized intermediaries to
develop appropriate forms of selection and recruitment on the basis of lists of
available and trained workers, having attended courses that, in the case of highly
qualified personnel, may be perfected and completed in Italy, linking regulatory
institutions and active employment policy measures currently available, starting
from apprenticeship and traineeship ... (Also) ... in this perspective, the
relationship and cooperation with specific communities from abroad who express
interest and planning skills with which may be developed an ongoing dialogue and
opened to integration and immigration circularity, represent a model to be favoured
and enforced81”.
However, despite this prevision of change, with the Decree of 1st August 2011,
the Ministry of Labour and Social Affairs - Directorate General of Immigration has
adopted a notification (No.1/2011) for supporting vocational courses and language
training, to be held for the benefit of citizens residing in Countries of origin of
migration flows, geared to the entry in Italy for work reasons82.
Training apprenticeship in Italy and employment services
Non-EU citizens resident abroad interested in following a training
apprenticeship in Italy are also included within the jurisdiction of the Italian
Ministry of Labour. A special quota included in the annual flows Decree regulates
the possibilities offered. Over the past four years, as established by Ministerial
Decree, the entry quota was 5,000 units for vocational courses and another 5,000
units for those interested in training apprenticeship, to be distributed among the
different Regions and Autonomous Provinces83.
154
Pratical measures to reduce irregular immigration
2008
2007
ITALY. Vocational training courses abroad for workers to be entered in the flows Decree (2007-2009)*
Country
Nigeria
Russia
Ukraine
Moldova
Tot
Nitgha (Abia Rostov Na
Kiev
Chisinau
State)
Don
Place
Training
Welding and Chef assistant Project M!CO for
Training course in MASTER BUILDER.
course for the metal
training
research, selection
restaurant industry Vocational
acquisition of working
courses
training and
field
Interventions
first level
training
employment in Italy
aimed at
qualification course
of Ukrainian workers
Moldovan citizens
as Social
specialized in meet
in the country of
worker
processing industry
origin and
(minor field)
following work
integration in
construction
companies in the
Title
province of Como
10 Nigerians 10 Russian 20 Ukrainian 70 Ukrainian
20 Moldovan
10/12 Moldovan
with
citizens
citizens
unemployed citizens citizens
citizens with at
educational
already in
who already have
least two years of
qualification possess of
specific skills in the
experience in
equal to the proven
field
construction
Italian high
expertise in
school
the field of
Target
welding
Country
Morocco
China
Philippines
Brazil
530
Casablanca
Casablanca,
Huarui Industrial Manila
Marakanaù
Marrakech,
Jiangning
Place
Agadir, Rabat
MigM-EDIL in
Postgraduate Training and
N.O.E.M.I. – New
M.A.L.T.A. Ressources.
Morocco for qualifying
guidance to a target Opportunities for
Local
Migration and the
Training in
Group of Young and non-EU Migrant.
Accompanying
Return,
organizatio cooking and Enterprising Workers Technical course
Measures for
Resources for n of a
Italian
in wood processing
for professional
Acquisition and
Development. training
language for industry
home care aides
Transfer of the
II° Phase of course in
young
Italian language
the course for constructio graduates
and culture
skilled
n
from a Hotel
migrants
school in
residents in
Morocco
Morocco and
willing to
immigrate in
Title
Italy
30 highly
10
320 young
10 young Chinese
10 Filipino
10 Brazilian
qualified
Moroccans
graduate to
people with average citizens
citizens having
young
citizens
be trained as education and
an average level
Moroccans
professional
knowledge of the
of education and
cooking chef Latin alphabet
previous
assistant
experience in the
Target
field
Country
Albania
Peru
Ukraine
Place
Tirana
Cayma Arequipa
Kiev
Vocational Training Course Language
Vocational Training
Vocational Training Course for metal
in dry masonry for
course and
Course for metal
workers
Construction Worker
vocational
workers
training for
140
building
contractor for
electrical and
mechanical
Title
maintenance
20 Adult Albanians
20 Peruvian
50 Peruvian citizens 50 Ukrainian citizens
Target
citizens
155
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
Country
Place
Ukraine
Kiev
Socio-cultural and
Language training course
for specialized engineering
worker
Title
25 Ukrainian citizens
2009
Target
Country
Place
Ethiopia
Addis Abeba
Moldova
Chisinau
Socio-cultural
and
Language
training
course
(professional
profile
targeted:
building
contractor,
commis de
cuisine,
unqualified
worker, Bodyshop
mechanic)
20 Moldovan
citizens
Peru
Lima-Italia
Cayma
Arequipa
Socio-cultural Socioand
cultural and
Language
Language
training
training
course
course for
(professional specialized
profile
engineering
targeted:
worker
welders.)
Socio-cultural and
Language training
course (professional
profile targeted:
domestic staff)
India
New Delhi
Socio-cultural and Socio-cultural
Language training and
course
Language
(professional
training course
profile targeted:
(IT operators,
welders, machine warehouse
tools operator,
workers and
warehouse workers moving goods
building
operators)
contractor)
20 Moldovan citizens 20 Moldovan
citizens
Nepal
China
Zhejiang Province
15 Indian
citizens
Tunisia
Sousse
Language and sociocultural Training
course for Nepalese
citizens willing to
enter Italy for
reasons of work
Language and
socio-cultural
Training course for
Chinese citizens
willing to enter
Italy for reasons of
work
Language and
socio-cultural
Training for
Tunisians citizens
willing to enter
Italy for reasons
of work
20 Chinese
citizens to
integrate in
companies
operating in the
textile industry,
furniture,
carpentry,
construction
30 Tunisian
citizens to
integrate as
specialized
engineering
worker
320
Socio-cultural
and
Language
training
course for
Peruvian
citizens
willing to
enter Italy
for reasons of
work
Title
15 Ethiopian
citizens
75 Peruvian
citizens
20 Peruvian
15 Nepalese citizens
citizens
profile targeted
profile
warehousemen
targeted:
health
operators 20
physical
therapist, 25
social care
Target
operators
* This mechanism was suspended in 2010 for an operational reorganization.
SOURCE: EMN Italy. Elaboration on data from Ministry of Labour and Social Policies
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/formazione_estero/progetti_pilota.htm
156
Pratical measures to reduce irregular immigration
Flexi Platform is a web-based system, accessible online since 20th July 2009 on
the website of the Ministry of Labour and Social Policies in Italian, French and
English languages, especially for working purposes between Italy and foreign
Countries, that is functional to the implementation of the instruments mentioned
above. The project intends to manage the matching of demand and supply of labour
between Italian and foreign workers collecting resumes and professional profiles of
the latter, involving 6 countries with which the Italian government has established
bilateral contacts: Egypt, Tunisia, Ghana, Libya, Senegal and Nigeria. Up to 29th
August 2011 there were 720 profiles available that Italian companies could select.
On the level of experimentation with Flexi Tunisia, professional profiles found to be
suitable to work in Italy were 124: 6 carpenters, 27 electricians, 17 bricklayers, 29
lifeguards and 45 nurses84.
Other initiatives on employment matters carried out in third countries
Egypt. IMIS (Integrated Migration Information System) Plus. In 2010 the
Egyptian authorities have requested funding for a second phase of integrated
management information system on migration IMIS Plus managed by the IOM. The
general objective of the program was to assist the Egyptian Department of External
Employment (DEE) in the management of regular migration flows of workers
through vocational training to potential migrants. During the first phase of IMIS a
database was set up, which collects and provides information about Egyptian labour
supply matching it with the labour demand of the Italian market85.
With the collaboration of the ETF (European Training Foundation) it was also
developed an information system that has enabled effective communication
between the database of the IMIS project and that of the Labour stock Exchange,
the source for the acquisition - by Italian operators - of Egyptian workers’ names
willing to relocate in Italy, in order to ensure a good and targeted match between
the Italian demand and Egyptian supply86.
Project International Mobility. Implemented by the Italian “Italia Lavora”, with
funding from the Italian Ministry of Labour, in collaboration with the Egyptian
Ministry of Labour and Immigration, the project aims to develop human resources
through vocational training and courses of Italian language. During the pilot phase
of the project (started in June 2006), 200 workers selected participated to an
Italian language course and a vocational training course87.
Scholarships of the Ministry of Foreign Affairs. The scholarship program,
organized by the Ministry of Foreign Affairs, offers professional qualifications to
Egyptians at postgraduate and graduate level, and covers mainly the following
areas: agriculture, tourism, banking, water resources, sea control systems. The
program, active since 1988, has provided about 40 scholarships a year for an
average expenditure of about 500,000 euro per year.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
The local Italian Cultural Institute, coordinated by the Directorate General for
Cultural Promotion and Cooperation of the Ministry of Foreign Affairs, annually
makes available 160 monthly payments to Egyptian citizens for scholarships,
distributed among several candidates for research to supplement the post-graduate
studies in Egypt88.
Tunisia. Comparable systems for joint management project. The Ministry of
Labour and Social Affairs, in collaboration with the Tunisian Ministry for the
Employment and Professional Insertion of the Youth and the International
Organization for Migration, has implemented the project “Comparable systems for
joint management”, financed by European Commission under the 2006 Aeneas
Programme for Financial and Technical Assistance to third Countries in the area of
migration and asylum89. The initiative, aimed at encouraging regular migration for
employment purposes, has seen as associated bodies Formedil – Construction
Industry training Authority; Obiettivo Lavoro Spa Jobs – Authorised Employment
Agency; Veneto Lavoro - ‘in house’ Agency of the Veneto Region. The recipients of
the project, which began on 1st December 2008 and ended after extensions on 21st
May 2010, were officials of the Tunisian employment centres, tasked with drawing
up lists of Tunisian workers and administrating the emigration database, and 119
Tunisian workers, operating in sectors selected by mutual agreement with the
Tunisian authorities, to select and address a specific language and vocational
training courses.
The training given to Tunisian officials responsible for labour migration was
divided into two seminars on labour market issues and procedures on how to use
the above mentioned FLEXI web-based eService for management of data on
workers who want to find a job in Italy. Ten officials of the Tunisian Ministry, as
well as some Tunisian representatives of ANETI (the National employment Agency
and self-employment site) attended it. A Handbook on integration, in French and
Arabic, was also distributed to encourage the integration of Tunisian citizens in
the Italian society.
Tunisian operators involved in the training proceeded to draw up a standard list
of 450 Tunisian workers, operating in the engineering sector, construction, nursing
and tourism interested to work in Italy. These data were then inserted in the lists
available online on FLEXI system, which facilitates remote consultation of the
profiles. 119 workers, from the 450 profiles abovementioned, have successfully
passed the selection phase that took place at the Tunisian training centres
identified by the local Government in collaboration with the Italian associates. They
have taken a course in language training to reach the A2 level of Italian knowledge,
carried out by Dante Alighieri Society. The courses, held in Tunisia, have also set
forms of civic education and socio-cultural orientation aimed to facilitate the
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Pratical measures to reduce irregular immigration
integration process. Additional specific training courses have been addressed to
some categories, such as nurses and attendants.
Morocco. Migration and Return Project - Resources for development. This project
was initiated in 2006 by the IOM in collaboration with the Centre d’études et de
recherches démographiques (CERED) in Rabat. There are four main components of
the initiative: studies and research, training courses, testing practices to support
the integration of Moroccans in Italy and pilot development projects funded in
Morocco by migrant remittances, the drafting of a final model to identify general
guidelines for training and integration of migrants and for the enhancement of their
financial transfers90.
Libya. Scholarships. The “treaty of friendship, partnership and cooperation” of
30 August 2008 with Libya provides for the implementation of 100 scholarships
per year in Italy for the benefit of Libyan students91.
th
3.1.2. Agreements and Police Cooperation
Police cooperation: training programs and technical assistance
Assistance to Maritime Border Police in Albania. In Albania, Durazzo Maritime
Border Unit, consisting of 32 personnel and 3 naval units, provides assistance,
consultancy and training, including on-the-job training, to local Maritime Border
Police and cooperates in controlling migration flows92.
Memorandum of Understanding between Italy and Libya. In 2007, the Italian
Minister of Interior and the Foreign Minister of Libya signed a bilateral
Memorandum of Understanding, to tackle irregular migration, which provided for the
transfer of six costal patrol vessels equipped with 12 military personnel of the
Guardia di Finanza (Italian Financial Police) operating in the capacity of
“observers”. Furthermore as of May 2009, one Corps contingent, composed of one
Senior Officer and 10 military personnel, was sent to Libya to guarantee the
maintenance of the transferred vessels. Since 25th May 2009, the coastal patrol
vessels have been used for patrolling Libya’s territorial waters and the international
waters off the coast of Tripoli and Zuwarah93.
Libyan police co-operation “Sahara Med” project. This project, with Italy leading
the way, was co-financed by the EU with 10 million euro (in addition to 600,000
euro provided by Italy) with the co-operation of IOM and Greece. The objective
consisted in the prevention and management of irregular migration flows from the
Sahara desert to the Mediterranean Sea, supporting for police capacity building in
Libya. The initiative aimed to provide assistance and technical advice to the Libyan
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
authorities for a period of three years, was launched in February 2010 as former
Minister Roberto Maroni said at a hearing before the bicameral Schengen
Committee94.
Technical and operational protocol to fight irregular migration Italy-Libya. On 7th
December 2010, former Interior Minister Roberto Maroni and Libyan colleague
Abdelfattah Farag Younis Al Obeidi signed a new technical and operational protocol
to fight irregular migration by sea in order to further improve the cooperation in
place95.
Project Aeneas “Across Sahara II”. The final conference of February 2011 has
focused on this project, launched in May 2008. The aim was to develop cooperation
between Libya and Algeria in the field of regional cooperation and strengthen the
institutional capacity in border management and immigration on the part of the
Central Directorate of Immigration and Border Police, with the IOM partnership. A
similar project, “Across the Sahara”, had already been implemented in Libya and
Niger96.
It should, however, be noted that cooperation projects with Libya are in fact
suspended due to the ongoing civil war, while it was launched from the month of
April 2011 a broad humanitarian effort for the care and medical assistance in Italy
of Libyan citizens and children victims of the conflict. In June, the former Minister
of Foreign Affairs Franco Frattini has signed in Naples an agreement with the Libyan
Transitory National Council on irregular immigration and border enforcement. The
two sides will exchange information on irregular migration, on criminal
organizations that promote migration, on their modus operandi and the routes
taken, and on organizations specialized on document fraud, as well as providing
mutual assistance and cooperation in combating such phenomenon, including the
repatriation of irregular immigrants97.
Programme of the Region of Agadez in Niger. Launched in 2009, this project is
aimed to prevent irregular immigration, improving local capacity for humanitarian
assistance (accommodation and medical care) aimed at migrants in transit to
Niger; an awareness campaign for migrants with communication focused on the
risks of irregular migration has also started as well as a program for accompanying
migrants up to the villages of origin98.
Technical and operational cooperation protocol NIGERIMM. It was created in 2011
by the Ministry of Interior in agreement with the police authorities of Niger and
with the participation of several other organizations: IOM, Sturzo Institute, two
Member States (Malta, Greece), also in view of future cooperation with the
European Union. Institute Luigi Sturzo, long experienced in delivering training
programmes at a distance, has agreed to realize three campaigns within the project:
one of information and awareness through various channels (mobile telephone,
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Pratical measures to reduce irregular immigration
radio, television, advertising hoardings) on the risks arising from using channels of
irregular immigration; the second one on training on the legal procedures for
authorized entry into other countries, addressing the National School of Police of
Niger, through learning at a distance (e-learning); the third, also on training to
refine specific skills for the professional integration of young people in the labour
market99.
In February 2010, after the agreements reached in 2009 with Algeria100 and
Nigeria101, Italy has signed two new agreements, respectively with Ghana and Niger
(8th February), to strengthen the capacity of these countries to control irregular
migration in their territories, while in the same year contacts were initiated with
other countries with strong migratory pressure.
The agreement signed with Ghana made provisions for the arrival of Ghanaian
agents in Italy to form joint teams with the State Police and collaborate in the
identification and return of irregular migrants102.
With Niger Italy signed two agreements: one at political level, signed by former
Minister of Interior Maroni with the African counterpart and the other one at
technical level, signed by the Chief of Police Antonio Manganelli, and his colleague
from Niger. Italy has pledged to provide 11 desert off-road vehicles to Niger in order
to allow a greater ability to control thousands of miles of desert that constitutes
the northern border with Libya, crossed by large flows of migrants into Europe103.
On 5th May 2010 the former Minister of Interior Roberto Maroni, in order to
strengthen Italian cooperation to combat irregular flows, has delivered two patrol
boats to Egypt104.
In July 2010 a collaboration agreement between the Italian police and that of
Senegal was signed to intensify action against irregular immigration and all forms
of trafficking. A similar agreement was signed by Gambia105.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
FROM TUNISIA TO LIBYA:
THE FLOW DEVELOPMENT AND ONGOING STRATEGIES
The political crisis facing North Africa in early 2011 has intensified the
landings in Italy and especially in Lampedusa, where the old reception centres
were closed, and it was difficult to manage such an emergency situation, which
involved in time various stakeholders from the central offices of Ministry of
Interior (the Special Commissioner in the person of the Prefect of Palermo Caruso,
the Department for Civil Liberties and Immigration, the Cabinet office of the
Minister and the Civil Protection). The events have also highlighted the difficulty
of cooperation between the public intervention and private-social organizations,
an area that has mobilized considerable resources: for example, Italian Caritas said
from the beginning to be able to provide accommodation for 2,500 persons, which
led subsequently to 3,107 places available in 107 dioceses (up to 15th April 2011
only 400 of them has been used).
After a period of reflection, it is agreed that the Tunisians landed in Italy, when
in their country there is a rebellion against the previous regime, should not be
considered as either irregular or recipients of international protection, but rather
people deserving short–term residence permits ex art. 20 of the Consolidated Text,
which do not expose them to the expulsion and allow to allocate them stable
shelters throughout the national territory. Initially, however, they are welcomed
in the 10 Reception Centres for Asylum Applicants - CARA (and asylum seekers at
Mineo, at the so-called Solidarity accommodation), but soon they pour into the
national territory and also in France. This country blocked them from crossing the
border town of Ventimiglia where a barrack is set up as reception centre.
Subsequently CARA are no longer referred to but rather to the CAI- Reception
Centres for Identification, structures that would ensure the continuity in awaiting
repatriation but, made of walled tent city, continue to bring in the possibility of
escape (tent city of Palazzo San Gervasio, Manduria and Chinesia, Barrack of S.
Maria Capua Vetere, Cai of Civitavecchia, Cara of Crotone, Cara and Cie of Gorizia,
Structure of Mineo).
The CAI become empty after the entry into force of the Decree of the President
of the Council of Ministers on 5th April 2011, which establishes temporary
protection measures for foreign nationals coming from North African countries
arrived in Italy after 1st January and before 5th April, with the extension of a six
months-residence permits for humanitarian reasons and consequent right to move
within the European Union (specified in the circular of 8th April 2011) by virtue of
issuing travel documents and proof of financial support. France comes into
contention when rejected the Tunisians intercepted. On 31st March 2011, the Joint
Conference State-Regions comes to an arrangement affirming Government’s
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Pratical measures to reduce irregular immigration
commitment to allocate special funds so that the regions will deal with the
reception issue in the territory.
On the other hand, it was preceded to the identification, detention and
repatriation of the Tunisians arrived in Italy after 5th April. In practice, the CAI of
S. Maria Capua Vetere, the tent city of Chinesia and the former barracks De Carolis
in Lazio are transformed into CIE.
Thus, the Decree of the President of the Council of Ministers of 7th April 2011
recognizes the state of humanitarian emergency in the territory of North Africa,
which is causing a great influx of non-EU citizens. The Civil Protection Department
is concerned to distribute the North African people on the entire territory (about
50,000 persons among refugees and recipients of a residence permit under Article
20) and, using the allocation of 110 million euro, aims to overcome the reception
in tent city to ensure it in real structures, both public and private, as well as in
associated hotels, setting up a control room in each region
It is noted that the newcomers, in the last phase, are no longer from Tunisia
but from Libya, Bengali, Sub-Saharan Africa, Ethiopia, to be more precise they are
potential asylum seekers to whom, pursuant to the international agreements and
domestic law, higher level of protection with a wider range of rights must be
guaranteed, which cannot fail to have its effect on the organization of the
reception.
On the occasion of the so-called ”Arab Spring”, which erupted in early 2011
and has involved the Libyans also, various members of the Italian government
announced the suspension of the de facto treaty with Libya. The Italian response
to the humanitarian emergency situation determined by the flight of people from
Libya to Tunisia has resulted in the strengthening of partnerships, and
implementing bilateral and multilateral interventions, particularly with Egypt,
Morocco and Algeria, for the repatriation of migrants.
As of 3rd March 2011, the humanitarian operation launched by Italy to assist
and repatriate the population fleeing from Libya was coordinated by the Ministry
of Foreign Affairs. In the procedure, on 4th March, a specialized team was sent in
Tunisia in order to make contact with the Tunisian authorities and UN agencies
operating in the area of Ras Ejder and initiate the evacuation of displaced
individuals, also evaluating how to install an Italian garrison in the refugee camp
of Choucha, managed by UNHCR. At the same time, in agreement with the Tunisian
authorities and within the framework of the coordination provided by UNHCR and
IOM, an airlift has been started, using C-130 Air Force and carrier Alitalia, for the
repatriation of nationals of third Countries, in particular Egyptians. During the
operation, on 22nd March 2011, a total of 863 persons were repatriated106.
On 5th April 2011 Italy has signed a new agreement with Tunisia to combat
irregular immigration107. The agreement commits the Tunisian authorities to
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
strengthen controls on departures and to accept the accelerated return procedures
for Tunisians arrived after 5th April, while those who came first were granted a
temporary permit as required by Italian law. The migrants will be returned with
simplified procedures, subject to approval by the Tunisian consular authorities,
without further formality and without the necessity of sending the fingerprint
cards. The agreement provides for collaboration between the police and security
forces. Under the agreement, on 5th May there were transferred to Tunisia 4 patrol
boats 700 Class, 15 meters long, equipped with a radar and an infrared camera
that can detect a man at sea at 11 km away and a small boat at 46 km away; there
were also handed over 60 personal computers, 10 scanners, 20 printers, 20 metal
detectors. Shortly it will be provided also 28 off-road tropicalized vehicles, 10
outboard motors and 10 quads, while the restoration of 7 boats of 17 meters
already in use of the Tunisian Police Force is well underway. The total value of the
equipment is 30 million euro. Former Minister Maroni said that the agreement
involves “also sea rescue of vessel in difficulty, with the transfer to the nearest
port that, if the ships are just outside the territorial waters of Tunisia, is not
Lampedusa”108.
On 22nd July 2011, the former Minister Maroni met Deputy Prime Minister of
the Transitional National Council of Benghazi, Ali Al-Isawi, who reaffirmed the
commitment of the Executive Office of the Transitional National Council in fighting
irregular migration and confirmed the willingness to strengthen cooperation with
the Italian government. Former Minister Maroni said he was fully willing to
develop forms of collaboration, as it has been done with other Countries in the
area, to address the problem of irregular immigration, to be managed in
collaboration with the international bodies. In relation to the arrival of refugees
from Libya it was shown the civil protection plan coordinated by the Civil
Protection Department of the Presidency of the Councils of Ministers carried out
together with the Regions109.
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Pratical measures to reduce irregular immigration
3.1. Synoptic evaluation of measures to prevent irregular immigration
Users:
Geographical
Effectiveness *
Type
Impact
Title of the measure
~
~
~
Innovativeness**
Number
Time
Ministry of Foreign Affairs
Scholarships for the benefits
of Developing Countries
Young People
~
Tens
Developing
Countries
~
Place
High
~
Traditional
MIDA, MIDLA, WMIDA
(Migration for Development in
Africa, Latin America and for
African migrant women)
Returning
migrants
~
Tens
Africa and
Latin America
~
Medium
High
~
Experimental
IDOM campaign in Egypt
(Information Dissemination
on Migration)
Society
~
Millions
Egypt
~
Immediate
High
~
Experimental
Campaign promoting “Safe
Migration and Positive
Alternatives for Egyptian
Youth”
Young People
~
Millions
Egypt
~
Immediate
High
~
Experimental
Unaccompanied
minors
~
Hundreds
Morocco
(regions of
ChaouiaOurdigha,
TangerTétouan
e Oriental)
~
Immediate
Campaign promoting
“Support for tackling and
preventing the migration of
unaccompanied minors” in
Morocco
High
~
Experimental
Information Programme for
Albania
Society
~
Millions
Albania
~
Immediate
High
~
Traditional
Campaign promoting
“Information campaign on
risks of irregular stay of
Moldovan in Italy”
Society
~
Millions
Moldavia
~
Immediate
High
~
Traditional
Potential migrants
~
Thousands
17 Countries
~
Immediate
High
~
Traditional
Young People
~
Thousands
Kosovo
~
Immediate
High
~
Experimental
Family
~
Thousands
Ukraine
~
Medium
Medium
~
Traditional
Office of information on
migration and social services
(Patronage Acli)
Campaign on immigration
paths in Kosovo
Project of capacity building
in Ukraine
Learnt lesson (a)
~
Suggestions for the policy-makers (b)
(a) Opportunity to promote knowledge as
a tool for accurate information.
(b) Increase bilateral socio-cultural
exchanges, despite the constraints of the
budget.
(a) Enhancement of potential given by the
return through development cooperation.
(b) Involve more the NGOs and economic
operators.
(a) Enhancement of involvement of local
civil society (NGOs and the Egyptian
media).
(b) Push local stakeholders to convey
information.
(a) Opportunity to combine the promotion
of regular channels with the promotion of
integration processes in Italy, involving
the
family
networks.
(b) Transpose the lines of these
experimental initiatives in the usual
bilateral relations.
(a) Opportunity to calibrate the
instruments of communication compared
to the target group (comics, video clips,
cartoons,
etc.).
(b) Provide multilingual educational kits
to accompany with wider environmental
initiatives.
(a) Effectiveness of local partnerships (i.e.
media) to share a number of good
practices.
(d) Make use of Albania case as a good
practice for the transition from
uncontrolled flows to a managed
immigration.
(a) Support local partnerships (media,
church).
(b) Involving immigrant associations in
Italy and public institutions on both
sides.
(a) Support access to consular services,
enhancing the ability to convey objective
information on Italy of the typical services
of
patronage.
(b) Consolidate a closer link between
structures and consular institutions of
patronage.
(a) Importance of reaching young people
in innovative ways also at the regional
level.
(b) Need to promote regular information
on immigration through local structures.
(a) Importance of involving local
institutions
to
support
the
“transnational”
families.
(b) transactions between the NGOs of the
countries of emigration so that they
provide support to local structures.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
Title of the measure
Users:
Type
~
Number
Geographical
Impact
~
Time
Egypt,
Morocco,
Moldavia,
Albania (dal
2011)
~
Medium
Effectiveness *
~
Innovativeness**
Bilateral agreements on
working Issues
Potential migrants
~
Thousands
Vocational Training abroad ex
Art. 23 of Consolidated Act
on Immigration 286/1998
(titles of pre-emption)
Potential migrants
~
Hundreds
Several
countries
~
Medium
Low
~
Traditional
Young People
~
Hundreds
Several
countries
~
Immediate
Medium
~
Traditional
Piattaforma Flexi – a webbased system
Potential migrants
~
Hundreds
Egypt,
Tunisia,
Ghana, Libya,
Senegal,
Nigeria
~
Medium
High
~
Experimental
Project “IMIS Plus Integrated Migration
Information System” in Egypt
Potential migrants
~
Dozens
Egypt
~
Medium
High
~
Traditional
International mobility Project
in Egypt
Potential migrants
~
Dozens
Egypt
~
Medium
High
~
Traditional
“Migration and Return
Project - Resources for
development” in Morocco
Potential migrants
~
Dozens
Morocco
~
Medium
High
~
Experimental
Police Officers
~
Dozens
Several
countries
~
Immediate
High
~
Traditional
Annual quota for vocational
training in Italy
Agreements and police
cooperation
High
~
Traditional
Learnt lesson (a)
~
Suggestions for the policy-makers (b)
(a) Importance of promoting the match
between demand and supply of labor, also
through
training
and
selective
mechanisms that take into account the
needs of the Italian labor market.
(b) making more flexible and effective,
these lanes.
(a) Effective interventions but expensive
and not extended to all. Appropriate to
involve
the
employers’organizations.
(b) The need to integrate training abroad
with more sophisticated mechanisms to
be made in Italy (June 2010
interministerial document).
(a)( b) Effectiveness limited by the need to
reform the entire area of trainings with
regard to the national context, unless it is
achieved a closer connection between Italy
and the country of origin.
(a) The benefits of this initiative will be
seen once the employment market has
recovered.
(b) Use information technology to
effectively facilitate the matching between
demand and supply of labor, through the
establishment of ad hoc database of
curriculum vitae and professional profiles.
(a) The benefits of this initiative will be
seen once the employment market has
recovered
(b) Use information technology to
effectively facilitate the matching between
demand and supply of labor, through the
establishment of ad hoc database of
curriculum vitae and professional profiles.
(a) Importance of vocational training and
language training to be acquired prior to
departure.
(b) Assumptions recommended for
specialized fields.
(a) Importance of the integration of
migrants associated with the enhancement
of their financial transfers, including
through on-site development projects.
(b) Changeling objective extendible to
future projects but also on single aspects.
(a) Importance of training programs and
technical assistance with special attention
to the humanitarian assistance for
irregular migrants.
(b) Interventions to be repeated with the
awareness that a more social integration is
needed.
* Effectiveness: achieving the actual goal of the project (high, medium, low);
** Innovativeness: added value in respect to past practice and legal provisions (traditional, experimental)
SOURCE: EMN Italy, Practical measures for reducing irregular migration, Idos, Rome, 2011
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Pratical measures to reduce irregular immigration
3.2. Entry: practical measures undertaken to identify and detect irregular
migrants at borders
Introduction
Italy is a country exercising a strong attraction on foreigners, both on tourists
and on those interested to establish themselves permanently. On the average, every
day there are 200,000 foreigners coming into Italy (mostly for tourism and from the
EU). According to the Bank of Italy in 2009 there have entered 72,540,000 foreign
visitors, of which 21,717,000 are those coming from third Countries and 4 million
and a half coming from non-EU Countries with migration pressures. A fifth of the
travellers (14,293,000) enters for business or professional purposes. In Italy,
around a million and a half visas are released every year110.
ITALY. Travellers from abroad: reasons for travel. Data in thousands (2009)
Reason for the visit
personal reasons
- holiday
- study, courses
- religious grounds
- medical treatment, spa
- honey moon
- other personal reasons
-- of which visiting relatives
-- of which visiting friends
Travellers
58,247
36,826
1,125
133
226
126
19,810
5,119
3,027
%
80.3
50.8
1.5
0.2
0.3
0.2
27.3
7.0
4.2
Reason for the visit
-- of which purchases, shopping
-- of which other
reason for work/business
- seasonal and boarder workers
- other reasons for work
-- of which confer. and congresses
-- of which other reasons
Total
Travellers
9,936
1,728
14,293
848
13,445
1,067
12,378
%
13.7
2.4
19.7
1.2
18.5
1.5
17.0
72,540 100.0
SOURCE: EMN Italy. Elaboration on data from the Bank of Italy
It is evident that in a country like Italy, the pressure at the borders can be
substantial. According to the map of Frontex “Situation at the External Borders in
2010”, the irregular flows across the Mediterranean towards Italy, however, have
decreased by 65%: between January and the month of September 2009, there have
been detected 8,289 irregular individuals and, in the same period of 2010, there
were even less (2,866 individuals detected)111.
In 2011, following the events related to the “Arab Spring” in North Africa, the
scenario has completely changed and more than 60,000 people came into Italy. At
first they were Tunisian and then Libyan, to whom other North Africans, Africans
from Sub-Saharan Countries and Asians have added. In this context, the purpose of
border control has become a living matter and the number of foreign nationals
effectively repatriated by the Ministry of Interior from 1st January 2011 to 27th
September 2011 rose to 16,566112.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
In the following paragraphs it is shown by what means such control is
implemented, highlighting the achievements and also the problems featured.
3.2.1. Sea Border Controls
3.2.1.a) Use of technology113
Exercizing control on maritime borders is a priority for Italy because of its
peculiar geographical position, so that in 2009 special courses have been
implemented for the staff of “Border Guards”, while others were made in English
and Arabic languages in 2010 to enhance the possibilities to understand the
situation of victims of trafficking. The technical assistance provided for the benefit
of third Countries has been analyzed in Section 3.1., while here it is going to be
displayed the use of technology, emphasizing different points.
In October of 2009, SELEX Integrated Systems, a Finmeccanica company, signed
an agreement with Libya “for the set-up of a large system of border protection and
security, the total value of which is 300 million euro. The company will also provide
local training for operators and maintenance workers.
As part of the European External Borders Fund (FFE) it was created a monitoring
gathering system, aimed at coordinating activities to combat irregular immigration
across the extended Mediterranean area and the land borders, also known as
Analysis System Maritime Traffic (SATM), in addition to the Integrated System to
combat irregular immigration by sea (SIA). Moreover, also within the FFE, it was
provided to strengthen the system of patrol with the purchase of patrol vehicles
(inflatable boats, an aircraft, an off-road vehicle, etc.) and the implementation of
a Decision Support System (DSS), and the achievement of a direct connection
between the mentioned SIA (Anti-immigration Information System) and AFIS
(Automatic Fingerprint Information System)114. Also under the Annual program of
the External Borders Fund 2010115 it was expected to strengthen the system of patrol
in the areas most affected by the irregular immigration, through the planned
purchase of 2 inflatable boats and one offshore patrol vessel for surveillance, an
aircraft for the Border Police, 10 off-road vehicles for operations in case of small
landings and 10 vans for logistic support to the patrol boats and for the transport
of crew or intercepted irregular immigrants, 222 vehicles for the reinforcement of
the mobile teams of Financial Police (Guardia di Finanza).
The Annual Programme of the External Borders Fund 2011116, in line with the
priorities set in the previous year, reiterated the need to support the progressive
establishment of a common integrated border management, strengthening the
monitoring programs set up for coastal work to combat irregular immigration. The
annual Program is aimed, therefore, to purchase technical and scientific equipment
for the analysis of identity papers and travel documents that are able to tackle the
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Pratical measures to reduce irregular immigration
increasingly sophisticated technologies of document fraud (stereoscopic
microscopes and light sources). Also it is going to be considered to compensate for
some infrastructure deficiencies reported by the Offices of maritime Border Police
through the purchase of about 5 mobile stations with 2 computerized workstations
to be used in ad hoc document control activities resulting from sudden landings of
citizens subject to border control. The Program also includes an increase of the fleet
involved in activities related to tackling irregular immigration, the purchase of an
offshore patrol vessel class “300”, of 2 helicopters for Border Police and 2 systems
of TV cameras and infrared surveillance on board of the patrol unit of the Navy.
Among the many activities planned, it is reported the purchase and installation of
sophisticated radar units for coastal surveillance and training of personnel involved,
both in on-job and e-learning using multimedia support.
As for the technological equipment it is possible to mention the purchase of: 65
night vision goggles for the Financial Police (Guardia di Finanza), 150 fingerprint
capture devices for the benefit of the consular network, more sophisticated control
systems for aircraft supplied to the Port authorities, communications systems for
tactical Naval Units, Selex Galileo surveillance systems (infrared sensors) to the
Navy, Star Safire HD technological equipment for aircraft supplied to the Navy,
upgrading the computer system used by the Italian Coast Guard.
It should be added that the Coast Guard uses different technical systems based
on radar and radio transmissions to monitor maritime traffic and to respond to
emergencies at sea. These systems allow receiving real-time location information
on the origin, destination and loading of vessels and other important information
about them. In particular we shall recall the following systems: the Vessel
Monitoring System (VMS); the Automatic Identification System; the Vessel Traffic
Service (VTS) an integrated system for control of maritime traffic and emergencies
at sea; the service Search And Rescue (SAR); the global system of radiolocation for
security purposes (GMDSS) and the Safe Sea Net. The latter is the evolution of the
Hazmat system that aims to create a platform for the maritime data exchange
between Member States’ maritime authorities for the safety of navigation and, in
particular, to control the maritime traffic117.
In 2011, the Guardia di Finanza has installed powerful microwave radar, made
in Israel, in parks and nature reserves of Southern Italy to counter the landings of
migrants. This new network of radars for coastal surveillance is intended to be
integrated to the command, control, communications, computer and information
system (C4I) of the Guardia di Finanza. For its implementation there have been
used the resources of the “European External Borders” framework program 2007-08
on migration, which has allowed the General Command of the armed forces to buy
five sophisticated EL/M-2226 ACSR (Advanced coastal Surveillance radar) developed
by Elta Systems, a subsidiary of Israel Aerospace Industries Ltd. (IAI)118 .
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3.2.1.b) Cooperation between Member States with regard to refusal of entry
Italy, given its geographical position, has always favoured the Community
approach to immigration policies as well as cooperation with other EU Member
States, also with regard to the surveillance of maritime borders.
The annual report on migration and asylum policies edited by EMN Italy provides
an overview on the various forms of cooperation in which Italy has been a member,
such as Frontex, Eurosur, Bluemassmad (at sea level), High Impact or international
joint patrolling along the international railway lines119.
Cooperation is particularly close with the Mediterranean Countries (Greece,
Spain, Malta, Cyprus and France).
At the beginning of 2009, Italy signed with Greece a document in order to
combat irregular immigration and in 2010 it has achieved the joint services in the
ports of Ancona, Bari, Igoumenitsa and Patrasso. The readmission of 29 foreigners,
that took place on 16th May 2011, is a direct effect of this operational synergy.
In April 2010, the Italian and French authorities, in compliance with the
Schengen Treaty, have reached an agreement to create, by 2011, a rapid action
force of the Franco-Italian border guards to be deployed at EU external borders, or
in another Member State as a form of European solidarity in the context of
operations conducted by Frontex, or in a third State through a specific cooperation
agreement. The governments of both countries also agreed to develop joint
maritime patrols to monitor their territorial waters120.
In 2010, Italy has participated in all the maritime operations of Frontex121 (EPNHera, EPN-Inaldo, EPN-Minerva, EPN-Poseidon) and it coordinated Hermes project.
There were 5 Frontex operations that covered the land borders, of which 2 with the
participation of Italy (Joint Operation Poseidon, JO Focal Points Land); 6 projects
have been focused on air borders and Italy participated in 4 of them (JO Focal
Point, Hammer JO 2009, JO Agelaus, JO Meteor).
In 2010, as part of the Hermes project, two boats in distress with 46 migrants
have been identified in Tunisian SAR (Search and Rescue Area), thanks to coordination with Maritime Rescue Coordination Centre (MRCC) Rome and
International Coordination Centre (ICC) Cagliari and the cooperation of Tunisian
authorities so that the migrants were rescued by an Algerian tanker122.
In order to assist Italy in the management of migration flows from North Africa,
subsequently Frontex launched the joint operation “Hermes 2011” with the
participation of Italy itself and several other countries (France, Malta, Spain, the
Netherlands, Sweden, Austria, Belgium, Romania and Switzerland) as well as
Europol. It is envisaged to deploy naval and air units as well to send 30 experts to
provide assistance in identifying the nationality of the migrants, prevent criminal
activity under the EU’s external borders, organize return operations, collaborate
with the Italian authorities in development of risk analysis123.
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In 2011, the massive flows towards Europe, and especially to Italy, due to the
effects of the “Arab Spring”, have highlighted the need for a common policy, for
which Italy has asked to implement the principles of European solidarity to begin
the process of burden-sharing and the strengthening of Frontex, not only for border
controls but also to handle all the paperwork for the repatriation of irregular
immigrants, even with agency’s own flights, taking into account that Frontex
provides funding for charter flights for the return of foreigners with the same
nationality who have been expelled from several Member States.
In February 2011 Italy, France, Spain, Greece, Malta and Cyprus called to the
European Council for the creation of a fund to share the burden of emergency. In
addition, on 19th April 2011, the same countries, except France, have signed a joint
statement124.
On 8th April 2011, the former Minister of Interior, Roberto Maroni, and his French
counterpart, Claude Guéant, have announced plans to set up a joint working group
and also joint air and sea patrols off Tunisian coasts to tackle irregular immigration
and block the departures from Tunisia125.
3.2.2. Air Border Controls
3.2.2.a) Ratification of the Treaty of Prüm
On 24th June 2009, the Senate has finally approved the ratification of the Treaty
of Prüm which provides, among other things, the creation of a DNA database and
the possibility of using armed security personnel (in civilian clothes) on board of
airline flights. It is known that the migration routes as well as the way of travelling
change; therefore, by decreasing the transit by sea, irregular flows through land and
air borders increase. The air routes are more expensive and complex, as it is complex
the task of managing irregular immigration at an airport, because it requires the
involvement of different actors to be coordinated in a flexible manner.
3.2.2.b) Flow analysis of Malpensa airport at Milan
The study conducted on airport traffic in 2010 by the SEA Milan Airports
Management Society (Malpensa and Linate)126 highlights aspects of great interest.
Milan Malpensa Airport, where more than twenty million passengers a year are
passing, is a root node of irregular immigration by air in Europe.
The study identified 4 types related to irregular immigration found within the
airport: irregular immigration outside the Schengen area (still predominant);
immigration or irregular emigration intra-Schengen; irregular migration outside the
Schengen area (especially to the United States, United kingdom, Canada); cases of
readmission due to the Dublin II. There are three ways of irregular entry: the use
of false documents; the substitution of person (i.e. the use of authentic documents,
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
but belonging to another person); the use of the transit area to change destination.
It is emphasized that the irregular flows depend on the visa policies, on the
availability of particular routes, on the criminal networks of smugglers and on
corrupt practices in third countries. Document forgery and substitution of person
will be dedicated a specific section (3.2.3).
As for the tricks used in the transit area there are different modus operandi,
which include the techniques of “fictitious transit” and “fictitious destination”. In
the first case the passenger has a ticket from a non-Schengen country to another
country outside the Schengen area (usually a country for which he/she does not
need a visa) with a stopover at Malpensa. Arrived in the transit area, the passenger
directly tries to evade controls, exploiting the most vulnerable areas of the airport,
possibly through the complicity of people with access to the sterile area, or
destroying the documents and his/her boarding pass to prevent the identification
of his/her nationality and the country from which he/she left, and thus avoiding
rejection. The forms of control resistance are especially designed to hide their
identity and/or nationality.
At the airport all the situations that constitute violations of criminal law are in
the responsibility of the State Police. Involved in controlling irregular immigration,
in addition to police and supranational agencies (such as Frontex), there are other
entities, such as carriers that play a particularly important role, at least for four
reasons:
1. Air carriers control the exit, at the airport of departure. The station managers
of several foreign airlines present at Malpensa, for example, claimed not to know,
in detail, the actual practices that companies operate in motherland to manage the
handling and acceptance of the passengers, but they are always ready to report any
anomalies and to question about it.
2. Carriers also have contractual obligations to share their data with Police (on
request) relating the persons moved. Especially, it is compulsory to report to the
authorities responsible for border police checks the so-called “API” data (Advanced
Passenger Information) before the end of check-in.
3. Carriers can also give control of documents to private security agencies, and
in some flights examination of the documents is carried out by the staff of SVIF
(Verification and Investigation Border Team) when passengers are already on board
and/or landing (currently on flights from North Africa). For example, the staff of
SVIF work quite frequently with the low cost airline EasyJet, which has many flights
to one of the most popular destinations for migrants, the United kingdom, and
Eurofly, that also has some low cost flights on risk routes. According to the chief
of SVIF, “in terms of investigative effort working with the low cost airlines is the
easiest thing ever”, because the passenger registration is done online and the
police no longer has to analyze the passenger paper lists. At the same time it should
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be borne in mind that the smugglers are used to change the route suddenly, taking
advantage from buying low cost tickets on line.
4. The Consolidation Act, 1998 (Legislative Decree 286/1998, Art. 10, paragraph
3) introduced the provision that “the carrier that has transported to the border a
foreigner without documents (...) or who must in any case be banned under this
Article, is required to take him/her in charge immediately and lead him/her back
to the State of origin, or the State that issued the travel document in the
possession of the foreigner.“ In case of refusal, the so-called police team INAD
(Inadmissible passengers) and carriers work in close contact. The passenger
subjected to refusal of entry is escorted to a guarded room, placed in the transit
area, and in the meantime the shift supervisor shall contact the airline with which
the person has arrived that is obliged to take charge of the passenger.
In case of difficulty of boarding because of acts of resistance on behalf of the
passenger refused, an escort conducted by the police or private security company
is provided to accompany him/her. The travel cost is borne by the carrier. At
Malpensa there have been several incidents in which agents of the INAD team have
faced critical situations, with passengers who, in order to avoid being embarked,
committed self-injury or acts against human dignity.
Working closely with the police, the Security of SEA (with its approximately 450
employees) and the Civil Aviation Authority (ENAC) play an important role. The SEA
manages Security systems of video-watchman, while the Civil Aviation Authority
works closely with carriers also. The wiretaps that are used to track the movements
of smugglers are being listened by the staff of SVIF.
This study shows, according to the testimony of several police officers, that the
SIS system has some limits, because ”sometimes the opportunity to get further
information through the national contact points of the SIS, called SIRENE, is
hampered by the slowness of the procedure which rises delays in publishing the
information necessary for adequate testing. From one hand there is, therefore, the
“computerization” of borders that extends the ability to detect the identity of the
registrant through the database, from the other the document-management
practices carried out by “passaportisti” (border guards located at the cabin of the
document checks) maintain their validity and indispensability”.
The entry in Europe by plane is often through false documents with the help of
smugglers, who offer “full service”: they provide the tickets and the false documents
and organize all the details of the trip.
According to the study mentioned above the growth of air connections available
and the spread of cheap flights has increased the ability to quickly define alternate
routes in case of difficulty. The price of each air travel is about 10,000/15,000 euro
and can get to match a sum equivalent to the total income that a person can
achieve in the course of 5/10 years of work. In short, air travel is safe but also very
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
expensive and irregular routes are also those on which there is less information.
It is difficult to identify the organizational criminal networks that operate in
secret to help irregular migrants. In some cases, the same migrants provide
important information on criminal networks, but usually most of the migrants
involved do not want to give trouble to those who facilitate their journey. Factors
that hinder a possible deepening are, moreover, the short time in which the border
interview takes place and little or no knowledge on the part of the police, of the
languages of the countries of migration. For these reasons, the fieldwork revealed
a sense of frustration from the part of the Border Police for the difficulty to help
combat smuggling and trafficking activities.
For this and other reasons, the study edited by the SEA recommended to insist
on the strengthening of the language and cultural skills, on the joint training of
various professional and linguistic-cultural mediation services.
ITALY. Milan Malpensa Airport. Data on irregular traffic (2004-2009)
False documents tracked down
Refusal of entry
Dublin Case (Malpensa)
Dublin Case (Italy)
2004
2005
2006
2007
2008*
2009
231
.
.
.
187
3,633
68
.
172
3,986
87
905
202
2,750
138
1,021
130
1,401
192
1,304
213
784
457
-
20042009
1,135
12,554
942
3,230
*Since 2008, several international flights were moved to Rome airport.
SOURCE: SEA, Milan Airports and controls on irregular immigration: experience and best practice, 2010.
The SEA study gives the overall number of rejections occurred at Malpensa
airport in recent years. From 2004 to 2009 at Malpensa airport a total of 1,135 false
documents were found. In 5 years, the number of rejections amounted to 12,554
persons, added to which 942 cases recorded at Dublin airport. The analysis of the
origins of the persons subject to rejection between 2005 and 2009 shows that the
air path is used by citizens from Countries with distant geographical areas, such as
Sub-Saharan Africa, the Far East and South America. The interception of citizens of
countries of North Africa, mainly Morocco and Algeria, and the Middle East, mainly
Egypt and Turkey, was also stable. The flights on which there were found irregular
passengers are mainly from Columbus, St. Paul, Dakar, Casablanca, Algiers, Tunis,
Cairo, Istanbul, Dubai, and Doha. Since 2008, individuals identified as irregular
have been declining because many international flights were transferred to the
airport of Rome.
Every year one or more investigation operations were carried out: “Orange
Sphinx” (2004); “Indian Door” (2005); “Ceylon Express” (2005); “Big Sister”
(2006); “Promised Land”(2008). In addition, the close cooperation between the
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airport operator, security forces, institutional actors and the third sector
organizations, has enabled to establish a network able to manage quickly and
effectively both the requests for asylum and the different cases of irregular
immigration127.
3.2.3. Sale and forgery of documents
Forgery of documents is applied to passports, visas, residence permits, identity
cards and even false employment documents or false internships, or otherwise any
kind of document useful to acquire the residence permit.
This section is going to show especially the forgery of passports, visas, resident
permits, false hiring or training, while section 3.4 will analyze the fraud
management operations during the regularization, even if apparently it is difficult
to separate these phenomena. In addition, some examples of operations against
exploitation of black labour will be presented in section 3.3.
3.2.3.a) Provisions of the Consolidated Act on Immigration
The amendment to article 5, paragraph 8-bis of Consolidated Act on Immigration
(Legislative Decree 286/1998), set forth by Law 189/2002, has added a new
category of crime, which is the production of false or bogus documents to enter in
the territory of the State or its use: “Anyone who forges or alters an entry or reentry visa, a residence permit, a residence contract or a residence card, or forges or
alters documents provided for the issuance of a visa to enter or re-entry, of a
residence permit, a residence contract or a residence card or use one of these false
or altered documents, shall be punished with imprisonment from one to six years.
If the falsity concerns an attesting or part of an act before a lawsuit for falsification
the imprisonment is from three to ten years. The penalty is increased if the offense
is committed by a public official (the parts in italics had already been added by Law
94/2009). In addition, article 4 of Law 189/2002, modifying the last part of
paragraph 2 of art. 4 of the Consolidated Act, provides that, in addition to what
relates to criminal responsibilities, “the submission of false or forged documents or
false statements in support of visa application automatically lead to the
inadmissibility of the application”.
Any case of forged documents produced by foreign nationals in order to obtain
an entry visa must always be reported by the diplomatic-consular Mission (article
331 Penal Procedure Code) to the Italian Judicial Authorities, this applies both to
the forgery of Italian documents, and to foreign documents that are in any way used
in support of a visa application (art. 5 paragraph 8-bis of Legislative Decree
286/98)128.
Relevant, on visa matters, is that in June 2010 it was completed the installation
program for the new procedure for the issuance of “biometric passport”, with a
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
storage medium having a facial image and two fingerprints taken flat as required
by EU Regulation 2252/2004. Similarly, in January 2010, there were issued
technical regulations and safety requirements regarding the new model of the
residence permit issued in plastic card, with a high-security storage medium for
memorizing computerized data and network authentication. So there have been
introduced in several police headquarters new positions for electronic residence
permit and “visa-scan” devices for taking the fingerprint129.
3.2.3.b) Business visa abroad
To obtain a visa, the strict Schengen procedures require the possession of
adequate means of financial support, indicating the purpose of the journey and the
availability of accommodation arrangements, conditions that not everyone
satisfies. Falsification of visa or of required documents is a crime punished with
imprisonment, and automatically leads to the ineligibility of the request, but yet,
there are many offenders both in Italy and in other European countries.
However, despite the passports and visas are more difficult to imitate, the
falsifications are recurrent and sometimes even advertised on websites, where one
must pay in advance and hope that the documents will be sent later. Obtaining the
visa is much sought after because it allows to easily entering in the chosen State.
Those who are not able to meet the legal conditions improperly try to get the letter
of invitation from a university or cultural institution, or the request to attend a
seminar or they get hold of false certificates. Traffickers manage to get complicity
even at official level and their business is profitable and less dangerous than drug
trafficking, where arrests and sentences are more frequent.
In Germany in the mid-‘90s, there was the famous case of travel agencies, which
through simple insurance of the availability of financial resources of travellers, and
on their willingness to limit to a temporary stay, favoured the granting of visas to
would-be tourists from Ukraine, who instead settled then in different Member
States. For this reason the Foreign Minister Fischer was forced to issue, afterwards,
a restrictive circular. Also Switzerland, in the early 2000, complained of corruption
in some of its diplomatic missions and consular posts and, so as to avoid it, decided
to restrict the use of local collaborators.
The first investigation on visas, involving Cuba, dates back to 1998 and many
other followed in the subsequent years, involving respectively Algeria, Albania,
Argentina, Byelorussia, Bulgaria, Croatia, Ethiopia, Iran, Nigeria, Pakistan,
Romania, Russia, Somalia, Turkey e Ukraine. The cooperation between the Ministry
of Foreign Affairs and that of the Interior has permitted in many occasions to
discover that many released visas were false.
At the beginning of the year 2000, in Russia, travel agents were addressed and
they would manage to find the passage by airline, the room in the hotel and a
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Pratical measures to reduce irregular immigration
credible tour for would-be shoptour, a cover of the facade that allowed entering
and blending in the new context. Other times, in the past and even today, they
appeal to arranged marriages under the direction of agencies specialized to make
money, able to go around the law and fool gullible elderly.
In Bulgaria, prior to joining EU, the key person was the one who acted as a
buffer, for his/her good contacts with officials and knowledge of the folds of the
law: it was often a tour operator. However in more recent years it was found that
many Macedonians of Bulgarian origin have asked and gained citizenship in order
to benefit free movement within the European Union.
In 2008, the Roman judiciary performed an investigation on a number of visa
transactions in Senegal, for the benefit of the local and other African citizens,
involving also some parties already implicated in drug trafficking and money
laundering. In the same year, at the Italian embassy in Montenegro, there was a
suspect on visa trafficking in favour of 800 kosovo Albanians. The year after it was
Morocco’s turn, where the traffickers, in order to have the visas released, were able
to establish relations with the provincial labour offices and obtain or falsify
company documents as demonstrated dramatically in 2009 in the case of San Nicola
Varco (Salerno).
The case of Moldova was singular for, previously having only a honorary Italian
consulate, the emigration candidates had to undergo two bureaucratic barriers, the
one to get a visa to travel to Romania (introduced from 2007) and, after a journey
of several hundred kilometres, the second one with the Italian Embassy in
Bucharest. These shortcomings, which fuelled the use of subterfuge to get around
these complex procedures, have ended when at the beginning of 2009 an Italian
Embassy opened in Chisinau.
For the benefit of citizens of Serbia, Montenegro and Macedonia, from 19th
December 2010, the EU has abolished the visa requirement to stay up to 90 days
in the Schengen area. Nevertheless, in view of a considerable flow of people and in
order to prevent irregularities or abuses, on 24th May 2011 the European Commission
has suggested the introduction of a safeguard clause that allows the temporary
suspension of visa in emergency situations.
In 2011, a particularly difficult period for all North Africa, as a result of checks
carried out on airport transits to Europe, the Tunisian police have discovered traffic
of Schengen visas and false residence permits.
3.2.3.c) Police Operations conducted in Italy
Between 2002 and 2011 the State Police has carried out several operations,
which made it possible to find many people, smuggling irregular immigrants,
concerned with the falsification of visas or other documents.
“Pass-makers” operation (2002) led to the identification of a criminal
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
organization, in the provinces of Trento, Padua and Naples, dedicated to forging
circulation and registration documents, receiving stolen cars and smuggling of
irregular immigrants. The organization also falsified identity documents and
residence permits, sold to non-EU citizens coming mainly from Eastern Europe. The
operation, involving 80 police officers, led to the arrest of 10 people, to the
implementation of several searches, to the seizure of 2 vehicles and massive
paperwork of criminal activity130.
“Green-years” operation (2005) has allowed the release of eight orders of arrest
warrants against Italian citizens and non-EU held responsible for criminal
association aimed at committing crimes of aiding and abetting irregular
immigration. There have been established other crimes related to the production of
forged documents (driving licenses, residence permits, visas and passports). During
the operation documents and credit cards illegally used were also seized131.
The Border Police of Linate airport (2005), after a complex investigation aimed
at tackling irregular immigration, arrested two non-EU citizens held responsible for
production and forgery of documents. It had been proceeded to the seizure of
thousands of Italian identity cards, residence permits, false employment
documents, false insurance coupons and their green cards, stealthy tax stamps
(worth over 10,000 euros), national licences and Moroccan licenses too, city
council’s rubber stamps and those of the immigration office of Central Police Station
(Questura), with sophisticated techniques in the crucial moments of the forgery and
the offer of a package of several documents, all with the same name. The searches
led to the retrieval of a personal computer having files of scanned documents, as
well as a special typewriter supporting compatibility with characters of some
specific documents132.
The Traffic Police in Trieste (2007) revealed an illegal “printing works” in a
garage in Sesto San Giovanni (Milan) used for falsifying vehicle registration
certificates and registration plates to be provided to the traffickers to launder
vehicles of illicit origin. They proceeded to arrest a person and to the seizure of
high-level technical equipment, several computers, hundreds of blank registration
certificates, and many driver’s licenses and identity cards (stolen) in white, as well
as numerous false insurance documents. The operation took place at the end of
complex investigations that led investigators to the “printing works” located
underground in a box within a condominium133.
The flying squad of the state police in Trento, through the operation “Fake
contracts: okod ouahmia” (March 2009), have arrested six people on charges of
forged documents to obtain entry visas for Italy. The organization made of
Moroccans, Egyptians and Italians falsified, with fake stamps of the Provincial
Labour Office of Trento, the necessary documentation for Moroccan citizens to work
in companies from Trentino. Criminals falsified the documentation of companies
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Pratical measures to reduce irregular immigration
from Trentino and sent it to Morocco, where it was bought for a sum between 5,000
and 7,000 euro. The Moroccans involved, unaware of the scam, thought they could
pick up the visa to work, and received instead the refusal of diplomatic offices in
Casablanca and Rabat, that ensured about the falsity of the documents. It is
assumed that the scam has involved more than 400 workers from Morocco, Egypt
and Tunisia, before the Moroccan Consulate in Milan has been able to expose these
false transactions to the Provincial Labour Office and to the Police Station
(Questura) of Trento. The arrests were made in the provinces of Milan, Bolzano,
Mantua and Rome134.
“Rommy” operation (2009) took the name after the Filipino immigrant who was
the pivotal point of the organization. A thriving trade in fake documents was
uncovered, for example consular documents to avoid driving tests in Italy and to
be able to achieve the driving license. The team of judicial police within the traffic
police in Modena reported 248 people, all of Filipino origin, responsible for
handling stolen goods and other criminal offences135.
Agents of the Police Station of Florence (2009) have arrested two foreign
nationals (a Peruvian citizen and a Chilean) on charges of irregular stay, handling
stolen goods, possession of false passports, smuggling of fake currency in the State
and unjustified possession of picklocks and altered keys136.
“Matryoshka” operation (2010), conducted by the traffic police of Vercelli, was
completed with 5 arrests and 85 people reported on the charge of irregular
immigrants smuggling and false material. In 2008, it was a matter of false licenses
to lead the police on the trail of the criminal organization, which provided
residence permits for immigrants of various nationalities even with the false
employment system. It was a lady accountant, later proved with no professional
capacity, who led the group with the support of various professional. The reward
required for a false residence permit could vary from 3 to 6 thousand euro. The
investigation was developed in the provinces of Milan, Varese and Como, and 13
raids were carried out in homes and premises available to those arrested137.
The balance of “Cestia” operation (2008-2011), which involved the Police
Department of Rome, Bolzano and Frosinone, the Police Central Operations service
(SCO) and the District Anti-Mafia Directorate, was completed in January 2011 with
the dismantlement of the international criminal organization dedicated to
smuggling of migrants, mainly Afghans, routed using false documents to France,
Belgium, Germany, United kingdom and Sweden. This let to arrests (26), warrants
of arrest issued by a judge (48), and seizures (8 phone centres and Internet points,
of which 7 in Rome and 1 in Naples). The migrants, including many minors, arrived
irregularly in Italy (about 300-400 per month), starting from Greece. Families had
to pay the trustees of the traffickers up to 5,000 euros for travel, false documents
and living expenses, using the so-called hawala, an informal value transfer system
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based on performance and honour of a vast network of money brokers located in
different geographical areas138.
“Gran Bazar” operation (2011), completed by the flying squad of the state
police in Lodi in collaboration with agents of the police station of Bolzano and
Milan, has led to the arrest of three Italian and three foreigners who must answer
for the crimes of association for conspiracy aimed at aiding and abetting irregular
immigration and falsification. The criminal organization submitted electronically, at
the various prefectures, the nihil obstat applications for the seasonal employment
of non-EU citizens, made contracts for stay and declared false or non-existent
workplaces and accommodations. Granted the nihil obstat, the organization
provided for the withdrawal of the document in order to sell it, then, to
intermediary customers who in turn “resold” the document to migrants. Once the
foreigners arrived in Italy, mainly from the air border of Bologna and Milan
Malpensa, they were assisted by those arrested for requesting permission to stay.
There are several countries of origin of the 500 foreigners involved as alleged
seasonal workers: Tunisia, Morocco, Nigeria, India, Bangladesh, Sri Lanka, Peru,
Egypt, Albania, Pakistan, Ukraine139.
The officers of the Rome Police Station (Questura), as part of a joint investigation
of the Flying Squad, of the Immigration Office and Colombo Police department
(2011), have seized more than 1,500 false documents, including about 600 permits
of stay stolen in white, identification cards and forged stamps related to the
immigration Offices of over 20 Police Stations (Questure), along with all the
necessary for printing. There were three persons fallen into the net of the suspects,
2 foreigners and 1 Italian. The investigation started in 2005, when the permits of
stay recovered by investigators were stolen. By entering the serial numbers of
residence permits in the police databases, it was possible to detect and map the
same documents and their owners at several international borders, including
Vienna, Budapest and Madrid. The permits were sold at a cost of almost 1,500
euro140.
The Police Department of Crotone (2011) reported seven people for fraud,
facilitation of unauthorized residence of foreign citizens on national territory,
falsification and criminal impersonation. The organization, made of seven Italian
citizens, was using the cover of a well-known private practice in the city to profit
from foreigners seeking to legalize their presence in Italy, and asked about a
thousand euro for a paper. Using the identities of unaware Italian citizens, there
were sent electronically requests for regularization of foreigners who in this way
obtained a receipt, the so-called slip, which allowed them a sort of temporary
regularization, pending fulfilment of practice that would never have happened. The
investigation took off when some of these people received from INPS (National
Institute for Social Insurance) application forms for foreigners’ recruitment which
180
Pratical measures to reduce irregular immigration
they had no knowledge. The postal police gathering facts and evidence discovered
the fraud and charged the seven141.
The agents of the Viminale Department of Rome Police Station (Questura) (2011)
have arrested six people on charges of criminal association aiding and abetting
irregular immigration, falsification and criminal impersonation. The organization
provided residence permits for almost 200 migrants, mainly Bengali but also
Egyptians, Pakistanis and Indians. In order to obtain false regularization as
domestic workers and care attendants (badanti), the foreign citizens were willing
to pay sums equal to more than 5,000 euro. The investigation began in January
2010 after the agents had intercepted an irregular form that was presented to a
police station in the capital. In the operation numerous forms, which police offices
used as legal requirement for transfer of use of a building and for initiating
procedures for non-EU citizens regularization, were also seized. In addition to the
six arrested, the police are investigating 70 accomplices who allegedly offered
themselves as false employers, intermediaries and professionals142.
“Barqueiro” investigation (2011) - Portuguese word for ferryman - began in
November 2009 following the control of a Brazilian citizen who had been rejected
by British border authorities because, after leaving from Malpensa with his Brazilian
passport, had later produced a forged Italian identity card at the English border
control. A series of investigations started from this and an organization,
responsible for abetting irregular immigration of Brazilian nationals who arrived at
the British border pretending to be Italian in hopes of finding a better life in the
United kingdom, was uncovered. The organization, composed by an Italian, a
Brazilian and a Senegalese, in payment of near 2,000 euros, would prepare the
ground to ensure that Brazilian citizens could arrive in the United kingdom without
having to undergo the stringent checks required by English law. The Brazilians
arrived in Italy, where they remained for some days, and were welcomed by
members of the organization that provided them an accommodation and supplied
a vademecum on looks, tastes and typical behaviour of Italians and also a false
Italian identity card. The departure took place mainly from Malpensa, but also from
Linate, Orio al Serio, Bologna and Venice. During the operation homes of those
arrested were searched where agents found many false identity cards143.
San Paolo Police Department in Rome (2011) has completed an investigation
which lasted about a year and involved 19 people, mostly of Roman and Filipino
origin. There were 15 individuals arrested with the accuse of criminal association
aimed to aiding and abetting irregular immigration in Italy; of the 19 people
involved, 4 were not formally arrested but are obliged to report to the local police
station. The investigations made it possible to ascertain, through inspections and
surveillance, the technique of the members of the criminal association. The
association falsified documents related to the housing and bogus employment
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
relationships to obtain regularization for domestic workers and care attendants
(badanti), for the issue or renewal of residence permits for family reunification, in
payment of almost 1,000 euro for each dossier. Potential customers were
approached near the Prefecture, where they were given the opportunity to obtain
the regularization. In most cases it was found that the foreigners for whom the
declarations of hospitality were presented had never entered the property identified
by the association. Among the victims, there were mainly foreigners of Filipino and
Chinese citizenship144.
Moreover in Italy there is a thriving market for international permits and bogus
driving licenses, obtained with few hundred euro thanks to the complicity of
obliging doctors and illegal printing (abroad but also in Italy), and this increases
the risk on the road. According to a recent survey by the Quattroruote magazine145,
the phenomenon of forgery concerns especially Romanian, Albanian, North African,
Senegalese, South American and Roma, and – according to the above-mentioned
magazine – it seems that about a fifth of all licences registered to foreign nationals
is forged. Bogus driver’s licenses can be added with fake insurance stamps, so
lacking a real insurance; in these cases the only hope is that any damage will be
solved through a complex action of the Guarantee Fund for victims of road146.
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Pratical measures to reduce irregular immigration
Forgery and irregular flows: the Chinese case
The first Chinese immigrants have come to Europe in the twentieth century,
during the years of World War I, to work in artillery factories and to dig the
trenches, initially in Britain and The Netherlands and then in France: some of them,
rather than return home, preferred to stay in the place and also moved to Italy. The
migration to other European Countries of Central and Northern Europe began more
recently, in the ‘70s, and has continued even in the ‘80s towards the countries of
Southern Europe, including Italy. Lombardy, and especially its capital Milan, was the
first way out for Chinese migrants who moved later in the regions of Veneto, Emilia
Romagna, Tuscany (mainly to Prato, that with about 25 thousand Chinese nationals
is the third centre of Chinese immigration in Europe after Paris and London) and,
therefore, in Lazio (Rome in particular). There are examples of significant
concentrations even in the South, at San Giuseppe Vesuviano (Naples). The Chinese
are currently the fourth largest national group in Italy, with 209,934 residents on
December 31st, 2011147.
This hardworking community shows an inclination for entrepreneurship, mainly
small size family-based business, with content profit margins and use of cheap
labour. After a first entry in the restaurant industry, starting in the ‘90s, Chinese
migrants have focused on the textile and leather goods, working also in the
wholesale trade: in fact, Rome, until a few years ago, was the centre of all Chinese
trade in Europe. In addition, the Chinese migrants promote a variety of services for
the benefit of their communities such as grocery stores, video stores, call centres,
travel agencies, translation services, etc.
The evolution of the Chinese presence is closely related to regularization
measures occurred in time, from which it has followed a significant increase of
migrants belonging to this community. This suggests, therefore, that the admission
was preceded by a longer or shorter period of irregularity.
ITALY. Chinese sued for violation of immigration rules (2004-2010)
Failure to comply the rules on
the residence
Irregular entry and residence
Organisation of irregular
immigration
Removal order
Enforcement measure
Violation of provision related
to subordinate employment
Violation of provision related
to seasonal workers
Total
dl.gs 286/98
art. 5
art. 6
art. 10 bis
2004
13
722
-
2005
32
1,662
-
2006
24
1,616
-
2007
19
1,840
-
2008
30
2,135
-
2009
89
1,963
798
2010
62
1,397
1,459
art. 12
art. 13
art. 14
365
19
98
934
53
342
722
51
644
892
88
1,291
881
56
1,535
849
7
1,394
686
11
1,215
art. 22
219
503
417
425
378
289
217
art. 24
-
1
1,437
4
3,530
3
3,477
3
4,558
1
5,016
6
5,395
4
5,051
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
183
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
The CNEL report on Chinese organized crime in Italy (2011) provides a
framework on committed crimes in relation to the sale and forgery of visas and
irregular immigration offenses within this community, with a sharp increase in
numbers148.
In the past, the most practiced routes were by land and sea. Until the early
2000’s entry into Italy was frequently made by crossing with the local ”passeur” the
border with Slovenia, or by sea, with the Albanian traffickers. Today most of Chinese
migrants arrive by plane with a tourist visa and then they overstay for more than
three months allowed. The cost of these transfers is high: according to collected
testimonies it is 7,000/8,000 euro for those arriving from the Northeast, and the
amount is doubled for those arriving from the South. In one case it was found a
bogus touristic plan prepared by some travel agencies with the help of an embassy
(the Austrian Mission in Beijing). The traffickers, sometimes organized into real
joint venture, were able to introduce in Italy groups of 30-50 people at a time,
bringing the passports in China in order to have the return stamp on before the
expiration of the tourist visa, and using then the same passport for the entry in
Italy or other European countries of new migrants.
3.2. Synoptic evaluation of measures concerning border control
Users:
Geographical
Effectiveness*
Type
Impact
Title of the measure
~
~
~
Innovativeness**
Number
Time
Member
EU
High
European External Borders Found
States
~
~
(2010/2011)
~
Immediate
Traditional
27
Cooperation between Member
States with regard to refusal of
entry (Frontex, Eurosur,
Bluemassmad, etc.)
Member
States
~
27
EU
~
Immediate
High
~
Traditional
Ratification of the Treaty of Prüm
(air border)
Member
States
~
27
Italy
~
Immediate
High
~
Experimental
Trafficant
~
Thousands
Italy
~
Immediate
High
~
Traditional
Tackling the forgery and sale of
identity documents and travel
documentation
Learned lessons (a)
~
Suggestions for the policy-makers (b)
(a) The importance of technology and
training for border control activities.
(b) Reinforcing control with preventive
action.
a) Opportunity to coordinate the
controls.
(b)Taking into account that the
strengthening of regular migration flows
relieves the pressure on border.
(a)Increasing attention to travel
arrangements and the new routes, such as
those on air.
(b) According to the NGO, it should be
paid greater attention to the rights,
especially in the case of minors.
(a) The importance of providing for the
introduction of new matters deemed to be
offences
related
to
increasingly
sophisticated counterfeiting techniques.
(b) Investing in new technologies.
* Effectiveness: achieving the actual goal of the project (high, medium, low);
** Innovativeness: added value in respect to past practice and legal provisions (traditional, experimental)
SOURCE: EMN Italy, Practical measures for reducing irregular migration, Idos, Rome, 2011
184
Pratical measures to reduce irregular immigration
3.3. Stay: practical measures undertaken to control irregular migration in
the Italian territory
3.3.1. Readmission Agreements
Italy has signed readmission agreements with 30 countries149 among which 15
with third150 countries and other 15 with Member States. The bilateral agreements
on readmission with third countries together with cooperation with other EU
Member States make it easier to implement the forced returns, for example, by using
charter flights to the countries from which a large number of immigrants came. With
regard to Tunisia and Algeria, from 12th July 2010, there have been implemented a
significant number of expulsion, albeit as a result of measures taken against
individuals151. As for Egypt, in 2011 - as effect of co-operation between the Central
Directorate for Immigration and Border Police and the Egyptian diplomatic mission
in Italy - the returns were much more numerous in comparison to the same period
in 2009. From the beginning of the year 2011 (until 14th July), 712 Egyptians have
been repatriated to Cairo shortly after their arrival on the Italian coast152.
It should be stressed however that, after the entry into force of the Return
Directive, the readmission agreements (bilateral level) should be coordinated with
that Directive, considered as the prevailing Community law, which sets out as a
priority leaving the country through the voluntary return, while if the short term
made available for this purpose is not used, the forced return remains the way to
follow. Charter flights organized for this purpose have been increasing and in the
first 9 months of 2011 they were - on average - one or two per week.
Also in 2010, Italy has organized three joint flights to Nigeria to implement the
return of 132 Nigerians (with a total cost of 605,873 euro, 4,590 euro per capita).
Joint flights were also organized for Colombia, Ecuador and Ukraine. According to
other observers153, having to repatriate 2,038 people with the joint flights in 2010
entailed an expenditure of 8,525,782 euro (4,183 euro each), without taking into
account the expenses incurred with the detention in reception centres for the
identification and the legal costs for the practices of validation of detention.
With the Repatriation Fund in 2009 there were funded charter flights for a total
expenditure of more than 7 million euro, of which 400,000 only to implement the
repatriation of 50 Nigerians in cooperation with Frontex and other Member States.
In 2010 the allocation was increased up to 9.9 million only for operations for the
return with or without an escort with airline or charter flights154.
185
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
ITALY. Charter flights organised for the return of non-EU citizens (2009-Sept. 2011)
2009
N°
2010
N°
December
Tunisia, Morocco, Algeria
31 Egypt
49
Morocco, Tunisia, Algeria
35 Tunisia, Morocco, Algeria
42
Tunisia, Algeria, Morocco
55
Tunisia, Algeria, Egypt
66
66
212
November
Morocco, Nigeria, Tunisia
42 Tunisia, Egypt Morocco
68
Morocco, Nigeria, Algeria
31 Tunisia, Algeria, Morocco
73
(b)
Nigeria
28 Algeria, Tunisia, Morocco
56
Morocco, Tunisia, Algeria
34 Egypt
72
Algeria, Egypt, Morocco
44
179
269
October
Algeria, Morocco, Nigeria
40 Algeria, Morocco, Egypt
51
Algeria, Morocco, Tunisia
41 Egypt
68
(e)
Algeria, Morocco, Nigeria
52 Nigeria
28
Algeria, Morocco, Nigeria
74 Morocco, Algeria, Egypt
54
Egypt
18 Tunisia, Morocco, Ghana
26
Algeria, Morocco, Tunisia
54 Egypt
22
Morocco, Algeria, Tunisia
62
279
311
September
Egypt
50
Morocco, Tunisia, Nigeria
27
Morocco, Algeria, Nigeria
22
n.a.
31
Egypt
11
141
August
Egypt, Morocco
26
Algeria, Nigeria
32
Tunisia, Morocco
34
Tunisia, Morocco, Egypt
39
131
July
Algeria, Morocco, Tunisia
70 Tunisia, Algeria, Morocco
42
Algeria, Morocco, Tunisia
58 Egypt
61
Morocco, Nigeria, Algeria
40 Tunisia, Algeria, Nigeria
51
Tunisia, Algeria
33 Egypt
65
Algeria, Morocco, Gambia
70 Tunisia, Morocco, Algeria
49
Morocco, Tunisia, Nigeria
21
Algeria, Morocco, Nigeria
32
271
321
June
Algeria, Morocco, Tunisia
63 Egypt
18
Nigeria
34 Morocco, Algeria, Tunisia
39
Algeria, Morocco, Tunisia
74 Algeria, Morocco, Tunisia
36
Algeria, Tunisia, Gambia
73 Nigeria (d)
33
Morocco, Tunisia, Egypt
41
Morocco, Nigeria, Tunisia
23
244
190
May
Nigeria, Morocco, Tunisia
68 Morocco, Algeria, Senegal
55
Morocco, Senegal, Egypt
29
Morocco, Algeria, Tunisia
40
Egypt
23
Morocco, Senegal, Tunisia
36
Morocco, Tunisia, Senegal
39
68
222
April
Egypt, Algeria
157 Morocco, Tunisia, Nigeria
28
Morocco, Tunisia, Algeria
41 Nigeria, Egypt, Tunisia
27
Algeria, Egypt, Nigeria
69 Morocco, Tunisia, Egypt
50
Morocco, Tunisia, Nigeria
28
267
186
133
2011
N°
Tunisia
Tunisia
Tunisia, Algeria, Morocco
600
604
115
Tunisia, Algeria, Morocco
1,319
111
Tunisia, Algeria, Morocco
Tunisia, Morocco, Algeria
Egypt, Tunisia, Nigeria
Egypt
Egypt
Tunisia, Egypt, Algeria
Tunisia, Egypt, Nigeria
Tunisia, Egypt, Morocco
Tunisia, Egypt, Algeria
Egypt
Tunisia, Morocco, Nigeria
Egypt
Egypt
Egypt
Tunisia, Egypt, Nigeria
Nigeria
Tunisia, Morocco, Algeria
Egypt
Egypt
Egypt
Tunisia
Egypt
Egypt
Tunisia, Morocco, Nigeria
Egypt, Tunisia, Morocco
111
64
101
106
40
47
80
59
497
79
78
14
74
73
23
341
25
78
24
86
213
40
94
20
300
19
18
51
107
649
Pratical measures to reduce irregular immigration
March**
February
January
2009
Tunisia, Morocco, Nigeria
Tunisia, Egypt, Nigeria
Tunisia, Algeria, Morocco
Nigeria (a)
Tunisia, Algeria, Egypt
Tunisia, Algeria
Tunisia
Morocco, Algeria, Egypt
Tunisia
N°
53
85
108
32
90
368
57
107
89
120
373
2010
Morocco, Egypt, Algeria
Morocco, Tunisia, Egypt
Nigeria (c)
Egypt, Morocco, Tunisia
Morocco, Tunisia, Nigeria
Morocco, Tunisia, Senegal
Algeria, Morocco, Senegal
Morocco, Nigeria, Tunisia
Morocco, Nigeria, Algeria
Morocco, Tunisia, Algeria
Morocco, Tunisia, Senegal
Morocco, Tunisia, Algeria
N°
39
41
25
45
30
180
36
45
36
29
146
43
31
31
2011
N°
Egypt, Morocco, Nigeria
124
Algeria, Morocco, Senegal
Algeria
40
16
180
45
19
24
24
112
Nigeria, Morocco, Senegal
Nigeria (f)
Egypt, Morocco, Nigeria
Egypt, Morocco, Algeria
105
joint flight: 32 removed from Italy, 10 from Spain, 4 from Malta, 3 from France, 1 from Cyprus and 1 from Poland.
joint flight: 28 removed from Italy, 7 from Norway, 4 from Spain, 3 from Holland, 3 from France, 1 from Germany and 1 from Hungary.
(c)
joint flight: 25 removed from Italy, 10 from Germany, 6 from Greece, 5 from Austria and 5 from Norway.
(d)
joint flight: 33 removed from Italy, 9 from Norway, 3 from France and 1 from Spain.
(e)
joint flight: 28 removed from Italy, 5 from Malta, 3 from Norway.
(f)
joint flight: 19 removed from Italy, 21 from the United Kingdom.
(a)
(b)
SOURCE: EMN Italy. Elaboration on Ministry of Interior data – Press Releases and News
3.3.2. Irregular immigrants: tightening up the rules set by the “Security
Package”
With the Law no. 94 of 15th July 2009, better known as the “security package”155
a new restrictive regulation on public security has entered into force and with
regard to immigrants there have been introduced the following innovations:
1) introduction of the crime of illegal entry and/or stay (in the press called “crime
of illegal immigration”), with the obligation to pay a fine from 5,000 to 10,000 euro;
the payment, however, does not extinguish the crime (punishable with
imprisonment). Moreover, the combined provisions of Articles 361 and Article 362 of
the Penal Code (which punishes any public official, and respectively, the person in
charge of a public service that does not comply with ”the duty to report a crime of
which he/she gained knowledge of or on account of his/her duties”) implies that all
public officials with whom the foreign national comes into contact will be required
to denounce the person’s irregular condition: this involves, except for health care
professionals and teachers, all public officials (from municipal, provincial, regional
or national level), postmen, ticket controllers in public transport, etc;
2) the exhibition of the permit of stay as a requirement to benefit from certain
services (healthcare and education are excluded from this requirement) and for the
purpose of perfecting the acts of civil status, such as the recording of birth, death
or recognition of the natural child (marriage, initially included, shall be deleted as
a result of a judgment by the Constitutional Court);
3) the exhibition, as a requirement for family reunification, of a certification of
eligibility of living conditions of the accommodation (issued from the municipality)
that many apartments of the private market are lacking of;
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
4) introduction of the points-based system stay permit (“integration
agreement”);
5) the issuance of the EC long–term permit, from which comes the possibility to
access certain social benefits, has been subject to passing a test of knowledge of
Italian language;
6) introduction of a contribution (to be determined) between 80 and 200 euro
for each issuance and renewal of residence permit (a cost higher than the
application for the identity card);
7) abolition of the rule of tacit consent after 180 days with respect to the
issuance of nihil obstat (entry clearance) by Prefectures, even though
administrative delays persist;
8) the amendment authorizes the so-called “citizens’ patrols” (ronde cittadine)
to ensure safety, though security remains a primary task of the State.
The other points, summarized below, are also characterized by the restrictive
nature: the extension of the maximum period of detention in the CIE-Identification
and Expulsion Centres; the extension of time required before one can apply for
Italian citizenship by marriage (increased from 6 months to 2 years) and the
extension of arrest duration for the stranger who does not exhibit the documents
to the public security (from six months to a year); the reduction, from fourth to
second degree of relationship necessary to prevent irregular foreigner’s expulsion;
imprisonment from six months to three years for anyone who rent a property to a
foreigner without a residence permit, the sentence implies also the confiscation of
the property; the obligation for operators of money transfer services to photocopy
the residence permit of their customers (and keep them for ten years) and report
to the police (within twelve hours) the customers without the permit of stay;
foreigners who want to celebrate their marriage in Italy are required to produce the
residence permit.
The adoption of the “security package” has provoked controversial reactions not
only in social field but also in the courts.
In April 2011, the European Union Court of Justice rejected the so-called “crime
of illegal immigration” because that provision, for the fact it entails the penalty of
imprisonment for irregular immigrants, is in contrast with the EU return directive
(Directive 2008/115/EC of 16th December 2008) on common standards and
procedures in Member States for returning of third-country nationals irregularly
staying. While, in fact, Italian law provides the forced accompaniment of the
foreigner to the national borders by the public authority as ordinary mode of
expulsion, the European directive provides for a voluntary return within a period of
7 to 30 days. Although criminal law is the responsibility of the Member States, the
internal rules still need to respect EU law and cannot compromise the achievement
of the objectives.
188
Pratical measures to reduce irregular immigration
In Italy, the Constitutional Court, with judgment of 20th July 2011 No 245 (the
filling with the clerk of the Court on 25th July) declared the constitutional
illegitimacy of Article 116, first paragraph, of the Civil Code, as amended by art. 1,
paragraph 15 of the Act of 15th July 2009, No 94 (provisions relating to public
safety), limited to the words “as well as a document certifying the regularity of
their stay in the Italian territory”, which refers to citizens who travel to Italy to get
married and have no residence permit156.
In addition, the Decree Law No. 89 of 2011, which transposed two European
directives into Italian law (No. 2004/38/EC on the free movement of EU citizens
and No. 2008/115/EC on common standards and procedures for returning irregularly
staying third-country nationals) ordered the immediate removal of irregular
immigrants that have demonstrated behaviour that constitutes a concrete, effective
and grave threat to public safety and national security or the risk of escape; the
further extension of the stay from 6 to 18 months in the Identification and
Expulsion Centres (CIE) and the extension from 5 to 7 days of the period during
which the alien must leave the national territory as decided by the “questore”
(public security authority at provincial level) - if it was not possible to receive
him/her at Identification and Expulsion Centres. The new law has introduced the
compulsory removal also for EU citizens in the event that these do not fulfil their
obligations under the Directive’s provisions.
3.3.3. Tackling undeclared work, an incubator of rule-breaking
There is a strong link between irregular immigration and black economy since
often, for irregular migrants, working in the informal sector is the only chance of
subsistence. This condition of extreme vulnerability could lead to exploitation by
companies that operate illegally, reducing the level of social protection of workers
involved and generating inequalities with heavy implications on the lives of
individuals and on the community. The Italian system is characterized by the
relevance of productive activities that are hidden from both tax-collector and the
social insurance institutions; the undeclared work in a broader sense and that of
migrant workers are, in fact, two aspects of the same problem for which the Italian
government considers it a priority to identify effective counter-measures within a
Community framework. It is worth mentioning the creation of the Committee for
the emergence of Undeclared Work under the auspices of the Presidency of the
Council of Ministers and the regional and provincial committees for the emergence
of the underground economy, which gave a boost to the fight against undeclared
work. Policies for the emergence of undeclared work, while not directly affecting
migration policies, are closely linked to local development and, indirectly, they have
an impact on the socio-economic environment where the migrant lives by creating
mechanisms to facilitate the emergence of both firms and workers.
189
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
3.3.3.a. New legislative provisions
The latest budget package fully approved by Parliament reintroduces the crime
of illicit brokering and labour exploitation in the Penal Code (Art. 12 D. Lgs.
138/2011), already covered by Art. 1 of Law 1369/60, and subsequently repealed
by Legislative Decree no. 276/03. Because of the growing complaints of
exploitation and steady number of workplace fatalities, the government decided to
intervene by punishing the so-called “gangmaster system of illegal hiring” (so
called caporalato), with punishments ranging from pecuniary penalty (which comes
to 2,000 euro but can increase depending on the number of workers recruited, on
their age and on the severity of the danger they were exposed) to the recruiter’s
imprisonment from 5 to 8 years. According to this provision, which punishes the
conduct of “illicit brokering of labour based on exploitation of the work”, adding it
as Article 630-bis of the Penal Code, there is exploitation of the work performed
each time one considers that the remuneration does not comply with collective
agreements, a violation of working hours and sanitary conditions occurs, or it is
found that the worker is subjected to degrading working and housing condition157.
In the context of migration policies, the provision is complementary with article
18 of the Consolidated Act on immigration, which governs the permit for reasons
of social protection such as, for example, situations of violence and serious
exploitation against a foreign national158. In fact, the need to protect the victims
of exploitation also involves the facilitation of the granting of residence permits to
migrants who decide to speak out about situations of exploitation. Furthermore, as
regards the link between irregular immigration and trafficking, in the same
“security package” there are introduced new matters deemed to be offences and
stiffen penalties for human trafficking.
Italy is pending to implement Directive 2009/52/EC of the European Parliament
and of the Council of 18th June 2009 providing for minimum standards on sanctions
and measures against employers who employ third-country nationals whose stay is
irregular. This is a step forward in the fight against undeclared work, considered one
of the pull-factors attracting irregular immigration. Therefore, in short, in addition
to regular inspection activities planned at national level, obligations and sanctions
similar to those of all the Member States will be introduced towards the employers
in order to avoid distortions to the economic European Area caused by the use of
irregular labour.
3.3.3.b. Inspection activities and vocational training courses
The migratory phenomenon experts agree that the counter measure policies
applied at the Borders are not effective if isolated. These should be integrated with
a control strategy on the National territory, in particular for what concerns the
labour procedures. It is known since some time that Italy has become a great pole
190
Pratical measures to reduce irregular immigration
of attraction for irregular migration due to the vast market of undeclared work in
which, even if they are exploited, many immigrants find work. Fighting this plague
is not easy for the Ministry of Labour, the social security institutions INPS and
INAIL and for the Guardia di Finanza (Italian Financial Police) who are the
competent authorities that perform inspections within the work environment. The
role played by these institutions certainly has a dissuasive effect but, respect to
the magnitude of the violations, is not sufficient and should be reinforced in terms
of assigned personnel and economical resources (i.e. travel missions, overtime and
so on).
The results obtained with the inspections in 2009 were commented at the
Chamber of Deputies by the former Minister of Labour and Social Security Maurizio
Sacconi159. In 2009 the contributory violations have doubled and frauds to the
Social Security Institutions reached a peak of 495%, while there was a decrease in
the formal violations (-23%). On the basis of what declared by the Minister, in 2009
the maxi-sanctions for undeclared work have increased of 61% respect to 2008
(40,108 against 24,781) and of 273% the violations recorded related to contracts
(6,649 charges of violation, against the past 1,782). The violation and evasion of
contributions have doubled (489 against 248), while the frauds discovered against
the Institutions have grown of 495% (2,493 against 419). Quite impressive was
also the peak of the violation charges concerning the working hours – 27,761
against 10,911 (+154%) – and the Workers’ Statute (1,042 against 288, for a
+262%).
A pilot experience, with the objective of preventing undeclared work in several
Italian Regions, is that of the RELAR 2011 Project. This project, implemented
locally, aims to reinforcing regular work and repressing the illegal one. It is financed
within the National Operational Program “Governance and System Actions”
Convergence Objective, with 4.5 million euro for the creation of public lists of
private parties, promoters of training courses in the Campania, Apulia, Calabria and
Sicily regions, for those individuals who are regularly resident in Italy. The
construction, agriculture and tourism sectors are involved. The courses are not only
oriented towards citizens of third countries (60%) but also to Italian and EU
citizens (40%). The trainees receive a monthly scholarship of 550 – 1,100 Euro
gross, before taxes160.
3.3.3.c. The action of the police forces and of the Judiciary
The action of repression should not be conducted only in the countries of origin
or at the borders but also in the Italian territory where the underground economy,
that involves approximately one sixth of the national wealth production, continues
to be an incubator of irregular presence. Those fighting this devastating plague,
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
apart from the labour and social security inspectors (which are very few in respect
of the enormous duties assigned) are the police forces and the Judiciary as can be
seen in the examples brought forth hereunder.
SEBEKE Operation Italy-France, November 2009. This operation coordinated by
Eurojust and Europol and for Italy by the Central Operation Service of the State
Police, brought to the arrest of two groups belonging to an international
organization aiding irregular immigration in Rome and in Crotone. The
investigations, started by the French police (O.C.R.I.E.S.T. Central Office for the
repression of irregular immigration), brought to the concurrent capture in several
European countries of different members of the organization, whose network was
spread in France, United kingdom, Germany, Greece, Belgium, The Netherlands and
Scandinavia. In particular, the Roman groups were represented by important
members of the organization, having the role of coordinators and responsible for
the irregular transit from Italy to the United kingdom and Sweden161.
“Migrantes”Operation in Rosarno. Rosarno has been the centre of a widespread
exploitation of farm workers and also the scene of their resounding protest. The
operation of the State Police of Reggio Calabria, together with the Carabinieri
(Italian military police, with also civilian duties) and the Guardia di Finanza on 26th
April 2010, gave way to 31 arrest warrants, involving Italians and foreigners, for
the exploitation of undeclared employment, fraud to the institutions and
association to commit offences linked to the irregular immigration in the
countryside of Gioia Tauro and Rosarno. The investigation started last January as a
consequence of the protest by the non-EU workers in the city of Rosarno. It was
thus possible to individuate, respect to every single farm enterprise, the mass of
movable and immovable property fruit of the illegal enrichment. In the course of
the “Migrantes” Operation, 20 farms and 200 plots of land equivalent to 10 million
Euro were seized162.
In the Rosarno area a strong recovery of legal principles occurred favoured by
the intensification of the inspections, which were also performed in collaboration
with the Police Forces, the Provincial Directorate of Labour and by INPS, in the
context of the extraordinary plan wanted by the government to tackle undeclared
employment in agriculture. Nevertheless, this determination to improve clashes
with the enormous difficulties in collocating the local production on the market,
risking to damage irreparably the unstable assets of the citrus fruit farms, also as
a consequence of the unconfirmed tax exemption of social contributions163.
Leone Operation in Reggio Calabria. The Mafia gangs of “ndrangheta” were
responsible for the trafficking of irregular immigrants that was defeated by the
192
Pratical measures to reduce irregular immigration
District Anti-Mafia Prosecutors Office (DDA) and by the Police forces of Reggio
Calabria with the “Leone” operation. The Pakistan and Indian immigrants, as
revealed by the investigation, arrived in Italy thanks to the Mafia gangs which then
transferred them in various regions for reunifications with their families already
present in the country, or to take advantage of work opportunities. The crime of
irregular immigrant smuggling, which was charged to the involved individuals, was
further aggravated by Mafia association164.
An operation of the Police in Florence (8th January 2010) allowed the elimination,
with various arrests and with other precautionary measures, of an organization
specialized in bringing irregular Chinese immigrants to Europe for exploitation in
undeclared employment, by charging 17,000 euro for each candidate for
expatriation, to be paid by their family in three tranches. From Italy the migrants
could be transferred also to France, United kingdom, Ireland and Canada. According
to the enquiry started in 2007 in collaboration with the Police departments of Milan,
Reggio Emilia, Bologna, Prato and Bari, the gang dedicated to smuggling had a
logistic base in China and representatives in Italy. These representatives in the
Chinese jargon were called “snake heads”. To this operation, there were involved also
the air Border Police in Florence, Naples, Venice, Bergamo, Milan and Rome, with
specific operations performed at the airports controlling the departures from Italy to
third countries. Obviously, these migrants were provided with false documents165.
In Ancona, in 2010, the Guardia di Finanza discovered a system that favoured the
entry into Italy of Bengalese citizens by means of enrolling them to training courses
that, in fact, were never held. The Operation gave way to 13 ordinances of
precautionary detention, of which 10 in jail. In total, the involved persons among
Italians and Bengaleses were 48, with charges of favouring irregular immigration and
irregular permanence on the national territory. Nine of these individuals were also
charged with the crime of association. In order to enter Italy with the excuse of the
ghost training courses, the immigrants paid from 7 to 14 thousand euro each166.
In Verona, always in 2010, the Guardia di Finanza arrested 7 persons who were
part of an international organization providing false documents to non-EU citizens
so as to make them obtain seasonal resident permits for work in agriculture. Of the
arrested individuals, 5 were Italian, of which 3 were UGL Agricoltura Union
representatives from Verona. According to the investigators, between 2008 and
2010, in the areas of Verona, Bergamo and Brescia, these persons helped over 500
Indians, Pakistanis, and Moroccans to obtain permits through the Single Desk for
Immigration although they had no rights to do it. The investigations started in
2009, after complaint by several Moroccan citizens cheated by their own
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
compatriots. They were contacted in Morocco and, with the promise of obtaining a
regular resident permit in Italy, settlement and regular employment, they paid or
were paying their compatriots between 7 and 9 thousand euro. After their regular
entry into the country, with a visa issued by the Consular authorities, they were
abandoned to their own destiny. The investigation activity brought forth that the
immigrants not only did not work in the companies that had requested their entry
but, after having been settled for a few days in two different rented houses in Cerea
and Casaleone, they were forced to leave. The Farms, where it had been declared
they should be working, were in fact inexistent or completely unaware of the
matter. The Guardia di Finanza estimated that the turnover of the organization was
of 4 million and a half euro167.
In Sicily, in the month of February 2011, in several areas of the island (in
particular in the provinces of Enna, Catania and Ragusa), the policemen of DIGOS
(General Investigations and Special Operations Division) conducted a widespread
operation with many search warrants and arrests of Italian citizens guilty of
favouring irregular immigration through the system of work permits. The operation
“Easy Entry 2” is the continuation of the previous operation “Easy Entry” of October
2009, where there were 4 people arrested for aiding and abetting irregular
immigration through the system of work permits. The operation was conducted by
dozens of men, bringing to the track down and deportation of many non-EU
nationals irregularly present in the country. The monitoring of the nihil obstat
requests to work, as permanent or seasonal employment, especially for the
paperwork prepared in 2010, brought to the discovery of false employers, some of
which knowing what they were doing but others totally unaware of the matter. The
disrupted criminal organization, having its base in Barrafranca, province of Enna,
was capable of facilitating the entry and stay for many non-EU citizens, all
irregularly entered, attempting the subsequent regularization by submitting a nihil
obstat request for seasonal work. A lot of foreign men entered irregularly as family
attendants. A price list was set up for each foreigner, whereby there was either a
sum of money to be paid, or work performed without wages in order to cover the
cost of the service received. Many of these foreign citizens, subsequently tracked
down, were deported168.
Operations of the DIGOS in Latina, Brescia and Livorno (August 2010). This
operation, conducted in collaboration with Interpol, allowed the arrest of a
Pakistani citizen, whose criminal actions involved the departure from the old
Continent through tortuous paths crossing remote areas of Iran, then Turkey, finally
to Greece, last stopping point before the transfer towards the Western European
countries. After four months of tailing, observation and a series of counterchecks,
the investigators proceeded with the arrest169.
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Pratical measures to reduce irregular immigration
3.3. Synoptic evaluation of control measures concerning the stay in Italy
Users:
Geographical
Effectiveness*
Type
Impact
Title of the measure
~
~
~
Innovativeness**
Number
Time
Learned lessons (a)
~
Suggestions for the policy-makers (b)
Readmission Agreements
Irregular
migrants and
countries of
origin
~
Thousands
Third Countries
~
Immediate
High
~
Traditional
(a) Efficiency of collaboration with third
Countries that goes beyond the
deportation,
foreseeing
support,
assistance and promotion of regular
immigration measures.
(b) Provided the readmission agreements
function properly, confirm privileged
entry quotas in the planning of the flows.
Security package (the so called
“crime of illegal migration” and other
points)
Irregular
immigrants
in Italy
~
Hundreds of
thousands
Italy
~
Immediate
Medium
~
Traditional
(a) Necessity of a procedure fostering the
regular presences.
(b) Need to make up the rigidity of the
rules with the dignity of people, focusing
on a certain gradation.
Prohibition of unlawful brokerage and
exploitation of work (Art. 12, D.l.
138/2011)
Employers
~
Thousands
Italy
~
Immediate
High
~
Traditional
Stay permit for reasons of social
protection
Exploited
migrants
~
Thousands
Italy
~
Immediate
High
~
Innovative
Inspection activities related to
undeclared work
Employers
~
Thousands
Italy
~
Immediate
High
~
Traditional
RELAR Project
Employees
~
Dozens
Italy (southern
regions)
~
Medium
Medium
~
Traditional
Police and Judiciary Actions
Employers
~
Thousands
Italy
~
Immediate
High
~
Traditional
(a) High consensus in the entire social
world.
(b) Necessity of insisting on the
inspections to ensure the application of
the new procedures.
(a) Need of new responses to the wide
dimension of migrants’ exploitation.
(b) Extend the target of potential
beneficiaries in order to effectively
contrast black labour.
(a) Necessity of a higher number of
inspectors so as to perform more
widespread investigations.
(b) Higher coordination between the
competent institutions.
(a) Good prevention effect.
(b) Ensure the connection between Italy
and the country of origin.
(a) The intervention of Justice with
verdicts on the phenomenon of
exploitation exerts high efficiency.
(b) Ensure that between the event and
his criminal conviction does not go too
much time.
* Effectiveness: achieving the actual goal of the project (high, medium, low);
** Innovativeness: added value in respect to past practice and legal provisions (traditional, experimental)
SOURCE: EMN Italy, Practical measures for reducing irregular migration, Idos, Rome, 2011
3.4. Pathways out of irregularity
Introduction
In the European context, the two most used means to contrast the phenomenon
of irregular immigration are voluntary return programs, which help people to return
to their country of origin, and regularizations which induce people out of black
economy allowing them to extend their presence in conformity with the laws.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
3.4.1. Regularizations
In Italy in the last thirty years (since 1982 to 2011) there has been a resort to
regularization measures, each with specific characteristics. A total of 1,660 million
immigrants have been brought out of irregularity, more than in any other Member
State. The first measure, which dates back to 1980, was administrative, that is
described by means of a departmental Circular, and it concerned only 5 thousand
foreigners, while in 1986 it concerned 100 thousand individuals and the peaks were
reached with the last two regularizations (more than 700 thousand applications in
2002 and almost 300 thousand in 2009).
ITALY. Applications submitted for the regularization of irregularly staying non-EU citizens (1980-2009)
Regulation
Year of measure
Applications for
regularization
Circ. Ministry of Labour 17.12.1979, 8.3.1980,
1980-1982
5,000
2.3.1982, 9.9.1982
Law 943/1986 and further extensions; from last Law
1986-1988
113,349
81/1988
Decree Law 416/1989
1990
234,841
converted into Law 39/1990
Decree Law 19/1995
1995
258,761
converted into Law 617/1996
Pres. of Council of Ministers Decree 16.10.1998 and
1998
250,747
Decree Law 113/1999
Law 9.10.2002 no. 222/2002;
2002
704,350
Law 30.07.2002 no. 189/2002
Decree Law 78/2009
2009
295,126
converted into Law no. 102/2009
* provisional data (June 2011).
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
Approved
applications
5,000
105,000
222,000
246,000
214,000
647,000
230,000*
At the beginning the most interested were mainly Africans, but with the passing
of time, there was a predominance of workers from Eastern Europe, yet Africans and
Asian being consistently represented: in the 2009 regularization, the number of
Ukrainians involved was higher than that of Moroccans and the number of
Moldavians was higher than that of Chinese people. Hereinafter the evolution of
these measures is traced, outlining the characteristics170.
1982. The first regularization dates back to the ‘80s and was issued at an
administrative level by means of circulars from the Ministry of Labor on 2nd March
and 9th September 1982. While waiting for approval of the first law on foreigners
(which seemed impending but which was bound to arrive only at the end of 1996)
the Ministry of Labor stopped the recruitment of foreigners (with the exception of
some categories of citizens from specific countries) and issued measures to
regularize the state of affairs of individuals who had entered without permission or
whose permission had expired, on these conditions: entry in Italy within 1981, the
employer willingness to hire them, evidence of continued work since entry,
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Pratical measures to reduce irregular immigration
evidence of not leaving Italy for more than two months and deposit, by the
employer, of the airplane ticket for the return of the worker to his/her country of
origin. These measures were in force until Law 943/1986 came into effect and yet
with limited effects (a few thousand positions) because of the inapt means used (a
circular instead of a law, which does not permit to appeal in case of refusal), a poor
promotion, the lack of involvement of protection services, non-compliant behaviour
of authorities and also because it did not regularize employers’ contributory
position excluding sanctions.
1986. Law no. 943 of 30th December 1986, the first on foreigners approved in
Italy, applying International Labor Organization (ILO) 143/197 Convention on
migrant workers. There was perception of a wide irregularity area, so the law’s
approval, which had been debated in 1981 (year of the agreement ratification),
required a very long course with irregular entries and consequent insertions into the
labour market; for this reason the legislator was willingly to regularize previous
working positions of both the employers and the workers, with the chance –
according to the case – to obtain the authorization to work or to enter the
employment lists. Expiration for applications, previously fixed to 27th April 1987,
was extended three times for effect of decree-laws of 1987 (no. 154 of 27th April,
no. 242 of 27th June and no. 353 of 28th August). Therefore the term, which had
expired on 31st December 1987, was opened and extended to 30th September 1998
for effect of Law no. 81 of 28th March 1988.
1990. The so-called “Legge Martelli” (39/1990), which consistently innovated
regulations on immigration, granted a generalized regularization of those who
could attest they entered Italy within 31st December 1989 aside from any other
condition. The interest was that of reducing the irregularity area and introducing
measures to prevent the development of such areas in the future. Only 4% could
prove to have a working contract under way: those who did not have a job yet could
find one both as a dependent and an independent worker as well as in cooperatives
(and this is a relevant innovation) and they had two years at their disposal; after
this term the permit was not renewed anymore to those who did not have a job. It
was hypothesized that a certain number of married couples got regularized for
working reasons, as regularization is not provided for family reasons. Africa is the
continent that most took advantage of the measure, exceeding half of the
regularized, while the presence of immigrants from Eastern Europe started to make
their voice heard.
1995. The regularization measure was proposed with the Decree Law no. 489 of
18th November 1995, repeatedly proposed and not converted into law by the
197
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
Parliament; however the Law no. 617 of 9th November 1996 gave final effectiveness
to regularization requests approved by the Ministry of Interior. The measure
contemplated three hypothesis of regularization: for subordinate employment, for
registration with the employment rolls, for family reunification. At the end, 246,000
applications were approved. Applications were approved in case of a relationship
with a limited number of unemployment or working relatives: 82.4% subordinate
employment, 12.9% registration with the employment rolls and 4.7% family
reunification. Immigrants from Eastern Europe started to be involved more
consistently.
1998. Legislative Decree no. 113 of 13th April 1999 introduced the possibility to
regularize all the foreigners who had asked for regularization within 15th December
1998. Submitted applications were 250,747 (250,966 according to a further survey)
and 214,000 had a positive outcome. 14.5% of regularization applications was
submitted for the exercise of self-employment which gave remarkable consistency to
the so-called “ethnic entrepreneurship” (with higher values in Tuscany, Latium and
Sardinia). 3% of applications was for family reunification (married couples 55.1%
and children 36.1%). Most cases were of individuals who worked because
employment offer appeared to be strong, while for those who had problems to find
a job it seems that practices length had a great influence.
2002. Regularization for domestic workers and care attendants was set by Law
no. 189 of 30th July 2002, “Changes in Regulation on the matter of Immigration
and work” (known as “Legge Bossi Fini” and put in force on 10th September 2002),
the one on self-employment of the Decree Law no. 195 of 9th September 2002,
converted with amendments into Law no. 222 of 9th October 2002 “Urgent
regulations on the legalization of the irregular work of non-EU immigrants. The
Ministry of Labour, with Decree of 28th October 200 has subjected the admissibility
of the statement of surfacing prior to the payment of 700 euro to the INPS (the
Italian Social Security Institution). The payment had to be done by using a money
transfer form and 669 euro out of 700 were calculated with a rate of 32.7% on the
minimum contribution for the referring social security management for three
months prior to the act of indemnity (therefore with reference to 10th September
2002) and 31 euro to ensure the cover of costs essential to face the organization
and the progress of regularization operations. Employers were also given the
possibility to pay contributions for previous periods in a single settlement or in
monthly instalments of equal amount increased of legal interest up to 24 months
and of delay interest up to 36 months starting from the 25th month. More than
700,000 applications for regularization were a higher number than that of the acts
of indemnity of the past. As for the years of stay of those applying for
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Pratical measures to reduce irregular immigration
regularization, a survey made by Fondazione Andolfi CNEL (2003) to 400 female
workers working as domestic helpers showed different percentage of irregularity
according to a longer or shorter stay in Italy: in Italy for two years: irregularity
68.3%; in Italy for 3-5 years: irregularity of 38.8%; in Italy for 6-10 years:
irregularity 12.6%. These data suggest that mainly foreign workers just arrived in
Italy benefited of this measure.
ITALY. Regularization applications (1980-2009)
Regularization
1980-1982
1986
Reference Law
Ministry of
Law
Labour Circ.
943/1986
17.12.197, and further
8.3.1980, extensions;
2.3.1982,
from last
9.9.1982
Law
81/1988
1990
Decr.
Law
416/1989
converted
into Law
39/1990
1995
1998
2002
2009
Decr. Pres. Decree
Law
Law
Law Council of 9.10.2002 03.08.2009
19/1995
Ministers
no.
no.
converted 16.10.1998 222/2002;
102/2009
into Law
and Leg.
Law
617/1996
Decree 30.07.2002
113/1999
no.
189/2002
729,159 1,090,820 1,512,324 3,587,653
122,185
142,128
154,076
258,761
250,747
704,350
295,126
Immigrant residents
331,665
450,227
490,338
of which communitarian
113,069
156,878
128,923
Submitted applications
5,000
113,349
234,841
Requests for regional area
North West
n.a.
27.0%
24.4%
30.7%
North East
n.a.
12.8%
13.6%
13.6%
Centre
n.a.
31.9%
32.3%
29.6%
South
n.a.
16.1%
13.0%
18.5%
Islands
n.a.
12.2%
16.7%
7.6%
Requests for origin geographic area
Africa
n.a.
49.1%
49.4%
40.2%
of which North Africa
n.a.
32.6%
32.6%
25.1%
Asia
n.a.
24.8%
32.3%
25.5%
Eastern Europe
n.a.
7.5%
7.5%
24.7%
Latin America
n.a.
4.5%
4.5%
9.4%
First 5 nationalities
n.a.
Morocco
Morocco
Morocco
n.a.
18.3%
22.9%
13.7%
n.a.
Sri Lanka
Tunisia
Albania
n.a.
9.9%
11.7%
12.7%
n.a. Philippines
Senegal Philippines
n.a.
9.0%
7.8%
7.8%
n.a.
Tunisia
Yugoslavia
China
n.a.
8.4%
5.2%
6.2%
n.a.
Senegal
Philippines
Romania
n.a.
7.1%
4.0%
4.6%
Positive outcome
5,000
105,000
222,000
246,000
% positive outcome
100.0%
92.9%
94.9%
95.0%
*Temporary data
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
36.2%
14.4%
29.8%
14.6%
5.0%
33.3%
18.8%
29.0%
15.9%
3.0%
37.4%
18.1%
21.7%
18.0%
4.8%
34.1%
18.1%
24.1%
37.1%
4.4%
17.2%
12.3%
13.6%
58.9%
10.3%
29.7%
20.6%
32.1%
28.0%
10.0%
Albania
18.0%
Romania
11.1%
Morocco
11.0%
China
7.7%
Senegal
4.9%
217,000
86.8%
Romania
20.4%
Ukraine
15.2%
Albania
7.9%
Morocco
7.8%
Ecuador
5.2%
647,000
92.3%
Ukraine
12.6%
Morocco
12.2%
Moldavia
8.7%
China
7.4%
Bangladesh
6.3%
230,000*
77.8%
2009. The last regularization was called “regularization of domestic workers and
care attendants (“sanatoria colf e badanti”) being limited to male and female
workers in the domestic field. This measure was decided by Law no. 102 of 3rd
August 2009 and called for 295,126 employment applications submitted by
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
employers. Most applications (222,182 75.3%) were approved, while 34,559
applications were refused (11.7%) and 2,713 abandoned within 14th March 2001171.
Recently, as a result of the legislative changes of 2009, Italian laws have
become stricter, defining the irregular presence as a crime and considering it as an
aggravating circumstance in the judicial field; for this reason the extension of the
regularization to other categories of workers was asked from many sides.
These groups of workers that emerge often and repeatedly in time show that
in Italy there is the need of additional labour that, according to a prudent
assessment of the Ministry of Labour, is around 100 thousand units172. Therefore
it is about improving the matching of demand and supply of labour, which at the
moment has to happen from a distance without the possibility of a field study,
with a higher flexibility as for qualified workers (beyond quotas and with more
facilitations as for the entry). Since demographic forecasts show that both Italy
and the EU will continue to feel the need to have entry flows, the reluctance to
contemplate the subject should be overcome, trying to find common laws, partly
different from the current actual ones, which will allow to intervene more
effectively.
3.4.2. Assisted Voluntary Return
The subject of assisted voluntary return was explicitly addressed for the first time
by Law Decree 286/98 for victims of trafficking, although Law 189/2002 (“Changes
in Regulation on the matter of Immigration and Asylum”) took more articulated
measures on assisted voluntary return to the benefit of the following categories:
asylum seekers, refugees and holders of a residence permit for humanitarian aid and
people under the Dublin Convention (art. 32), thus excluding from this measure
irregularly residing immigrants (since the enforcement of Return Directive).
As for the appropriate programs of assisted voluntary return for victims of
trafficking for either labour or sexual exploitation, whose percentage in today’s
returns is rather significant in Italy, there have been retrieved the principles
expressed in the Additional Protocol of the UN Convention against transnational
organized crime. The Protocol signed by Italy in 2000 insists on the necessity to
guarantee protection and safety conditions during repatriation.
Nevertheless, it is important to underline that the laws currently into force in
Italy on the assisted voluntary return guarantee specific paths only to some
categories involved in the return procedures: asylum seekers, refugees, holders of a
residence permit for humanitarian aid and victims of trafficking, while for other
immigrants openings were decided only following the issue of the appropriate
directive by the European Union173.
The concept of assisted voluntary return is based on the principle of the
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Pratical measures to reduce irregular immigration
personal will of the alien, who consciously decides to go back to his/her country of
origin after experiencing migration. Voluntary return is not only limited to the
concept of a journey to the country of origin, but it includes three main phases:
the preparatory activities for the departure (information, arrangements, interviews
with the repatriated person, organizational and logistic procedures, counselling)
travel and accommodation on arrival in the country and finally various programs of
reintegration in the final destination174. It is important to underline that after being
voluntary repatriated, generally, there is no ban to go back to the Italian territory.
The costs of assisted voluntary return can vary from 2,000 to 5,000 euro per
beneficiary, according to the project, to the country and to the characteristics of
the migrant him/herself175. As for victims of trafficking, as a matter of fact, costs
can be higher, being the path to reintegration more complex (process of social and
working reintegration, medical, legal and psychological support and assistance in
the country for at least six months). Allocation of appropriate economic aids is
generally decided according to the family composition and the number of
dependent minors, to the area of origin and to the economic situation and the
sustainability of the intervention in the medium and long term. The upper limit in
general is no more than 1,500 euro and in this case it concerns large families, while
the lower limit starts from 700 euro.
Economic assistance granted to the beneficiary of an assisted voluntary return
program provides for the payment of the ticket (plane/ship), logistic support of the
IOM officials from departure from Italy to the arrival in the country of origin,
allocation of a journey and first accommodation indemnity and, if necessary, it
covers the costs associated with the luggage transportation and the allocation of
a reintegration indemnity.
Other services can be established for the taking of particularly vulnerable
subjects such as individuals suffering from serious diseases who are in need of a
medical guard.
According to the legal situation depicted after the issuing of the Return
Directive, the possibility to avoid expulsion procedure (which limits possibilities of
re-entry) can act as an incentive for an assisted voluntary return, as well as the
possibility to close the return process in a short period of time, thanks also to the
organizational abilities of IOM which takes care of assisted returns in Italy.
According to the expectations of the social world, the Repatriation Fund of the
EU should also include, as stated by the same provisions of Community law,
irregularly staying immigrants. After stating illegal presence as a crime (Law no.
94/2009), the Ministry of the Interior reckoned that such an inclusion cannot be
carried out and this put a halt to the expectations of collaboration between social
organizations and ministerial structures.
In August 2011, with the Decree Law no. 89/2011, a further change is
introduced even for irregular foreigners who can benefit of assisted voluntary return
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
in case they manage to obtain from the Prefect a 7 to 30 days term to return to
their country of origin. This Law Decree excludes those who demonstrated behaviour
that constitutes a concrete, effective and grave threat to public safety and national
security, those with risk of absconding, those who have been expelled with a
measure by the judicial authority, those who infringe guarantee measures imposed
by the public officer and those who infringe the term for voluntary return.
Support programs to voluntary return and reintegration to the country of origin
have been implemented in Italy with funds from the Italian government since 1991.
Since 2008 such actions have been financed by the European Return Fund (RF) cofinanced by the European Union and managed in Italy by the Department for Civil
Liberties and Immigration of the Ministry of the Interior. The RF 2008-2013 has a
budget of about 70 million euro, integrated by a co-financing by the Italian
government and allocated on an annual basis. The Fund is intended for both the
forced return operations (carried out only by the Ministry of the Interior - Public
Security) and for interventions of assistance to voluntary return. In this case funds
are allocated by the Ministry of the Interior, the Department for Civil Liberties and
Immigration to local authorities and private social organizations through
appropriate annual request for proposal.
The assisted voluntary return programs, launched in July 2011 with funding
related to the 2010 program, are the following:
• Partir III176 Project (implemented by IOM offices in Rome – International
Organization for Migrations);
• Odisseo II177 Project (implemented by the Virtus Onlus Italia association in
Rome).
Moreover some activities are held to support research of new solutions for
voluntary return of well-defined immigrants categories:
• Remploy178 Project (implemented by IOM offices in Rome – International
Organization for Migrations);
• Remida179 Project (implemented by CEFA European Committee for Education and
Agriculture in Bologna).
Among the assisted voluntary return programs for specific groups of citizens of
third countries, there is:
• RI.V.A.N. II Project Assisted Voluntary Return for North Africa180 (implemented
by IOM offices in Rome - International Organization for Migrations).
In July 2011 the third step of NIRVA181 Project was launched for the
consolidation of an inter-institutional reference network for information on assisted
voluntary return both for interested migrants and territorial actors as well as
cooperation with the countries of origin and a network of social and international
organizations (led by AICCRE, Italian Association of European Municipalities and
Regions Councils). This activity was completed with the recent implementation of
the RE-FORM II182 project, implemented by IOM offices in Rome and aimed at
202
Pratical measures to reduce irregular immigration
exchanging experiences and training on return issue among counter operators for
immigrants, SPRAR Protection System for Asylum Applicants and Refugees Network,
bodies managing reception centres, assistance and integration of third countries
citizens holding a residence permit issued for social protection reasons, immigrants
associations, etc.
Moreover, IDOS Study and Research Centre, which is part of NCP Italy, has directly
taken part to both information campaigns coordinated by IOM offices in Rome on
Assisted Voluntary Return (AVR) known as “Racine” I and II. To this aim, firstly six
major communities were studied and then six more of which social and employment
situation, territorial settlement, social organizations and gathering places were
analyzed. Then both the privileged representatives of these communities and a
certain number of cross-section migrants were interviewed. Finally on the IOM
website, to the benefit of these and other communities, measures to ease assisted
voluntary returns have been outlined, highlighting incentives to implement
productive returns. In 2011 the Volver183 project has been financed, implemented by
the Associazione Tampep Onlus in Turin and oriented to study and analyze activities
in the main countries of origin to know the socio-economic and cultural target
context, identify opportunities and integration methods.
3.4. Synoptic evaluation of control measures related to getting out of irregularity
Users:
Geographical
Effectiveness *
Type
Impact
Title of the measure
~
~
~
Innovativeness**
Number
Time
Irregular
migrants and
Third countries
High
employers
Regularizations
~
~
~
Immediate
Traditional
Hundreds of
thousands
Migrants in a
difficult
Third countries
High
Assisted voluntary return
situation
~
~
~
Immediate
Traditional
Hundreds
* Effectiveness: achieving the actual goal of the project (high, medium, low);
** Innovativeness: added value in respect to past practice and legal provisions (traditional,
SOURCE: EMN Italy, Practical measures for reducing irregular migration, Idos, Rome, 2011
Learnt lesson (a)
~
Suggestions for the policy-makers (b)
(a) Lack of exceptionality of the
measure.
(b) Since it amend the lack of annual
quotes, some experts propose a
regularization system on a personal
basis.
(a) Low effectiveness in the recent past
for the lack of inclusion of regular
immigrants.
(b) Perspectives to strengthen according
to available resources.
experimental)
3.5. Some costs
Managing irregular immigration is extremely expensive. In the 2009-2012 State
budget, total costs for “Immigration, reception and rights grant” in 2010 were up
to 1,580 million euro split up as follows: 70% for relationships with religion
communities; 3% to manage flows; 24% to grant rights and for intervention on
social cohesion development. The percentage of “Migration flows for working
reasons and policies of social integration of immigrants” since 2009 has never
reached 0.4%184.
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
ITALY. State Budget on Immigration (2009-2012)
(absolute values
2009 settled
2010
2011
2012
in thousand euros)
a.v.
%
a.v.
%
a.v.
%
a.v.
%
Rights
grant
and
Current
300,485
21.5
323,499
20.5
314,251
21.4
349,029
23.6
interventions for social
cohesion development
Capital
43,289
3.1
126,253
8.0
25,477
1.7
4,454
0.3
Curr+Cap
343,774
24.6 449,752
28.5
339,728
23.2 353,483
23.9
Management of migration Current
57,880
4.1
44,364
2.8
42,784
2.9
42,952
2.9
flows
Capital
2,946
0.2
3,351
0.2
2,563
0.2
2,583
0.2
Curr+Cap
60,826
4.3
47,715
3.0
45,347
3.1
45,535
3.1
Relationships
with Current
991,641
70.8 1,080,134
68.4 1,079,884
73.6 1,079,852
72.9
religion communities
Capital
42
0.0
46
0.0
32
0.0
35
0.0
Curr+Cap
991,683
70.8 1,080,180
68.4 1,079,916
73.6 1,079,887
72.9
Migrations
flows
for Current
3,728
0.3
1,899
0.1
1,859
0.1
1,859
0.1
working reasons and
social integration policies Capital
3
0.0
3
0.0
2
0.0
2
0.0
Curr+Cap
3,731
0.3
1,902
0.1
1,861
0.1
1,861
0.1
Current
1,353,734
96.7 1,449,897
91.8 1,438,778
98.1 1,473,694
99.5
Total amount
Capital
46,280
3.3
129,653
8.2
28,075
1.9
7,074
0.5
Curr+Cap
1,400,014 100.0 1,579,550 100.0 1,466,853 100.0 1,480,768 100.0
SOURCE: EMN Italy. Elaboration on data from General National Accounts/ Ministry of Economy and Finance
It is possible to give more details on these significant items of expense just on
a limited way. As for managing costs of irregular immigration there are elements in
an inquiry submitted to the Chamber of Deputies by MP Gabriella Carlucci on 1st
April 2011: “… each irregular immigrant hosted in the CIE (Identification and
deportation centres) currently existing in the territory costs to the Italian
Government about 45 euro per day, including food, housing, health care; each
irregular immigrant spends on average 150 days in the CIE to be identified and
costs about 7 thousand euro; the complete management of an irregular immigrant
from detention to the effective expulsion is estimated at 10 thousand euro,
considering the expenses for the return flight and the agents employed by the
escort returns. The only legal practice is about 650 euro; each irregular alien costs
the Italian government more than double the expenses to educate a child at
elementary school, which is a little bit more than 4 thousand euro per year”.
Moreover: “… without considering the assets for security and integration set aside
in the regional and council budget, it comes out that the annual cost to manage
migration flows, that is to border control, identification of irregular immigrants,
expulsion, and any integration policies for individuals in good standing, amounts
to 460 million euro per year”185. As for the costs supported under the program on
assisted voluntary return there is an indication of April 2010, which refers to 228
assisted immigrants for a total funding of 1,335,780 euro and, therefore, an average
of 5,800 euro per person comprehensive of both charter flight and 400 euro per
person and an integration subsidy between 1,100 and 1,300 euro, granted to 176
candidates. It must be added that the voluntary return program is for a restricted
number of beneficiaries, about 200 per year during 2008-2013 program186.
204
4. Trans-national cooperation
in reducing irregular migration
4.1. Cooperation Agreements
A brief overview of bilateral cooperation agreements undertaken by Italy. The
Italian action strategies related to immigration policies matters are part of a
broader policy dialogue and international cooperation. As regards to developing
countries experiencing high migration flows, Italy is also promoting the
development of cooperation policies in addition to the local communities
empowerment, that are also meant to develop preventive synergies to the
management of human mobility, taking into account the different aspects related
to it in terms of labour market management, including controlling and tackling
irregular migration.
Generally, as regards relations with third-countries, Italy has taken first of all
the diplomatic way of bilateral agreements on readmission and tackling irregular
migration under which signatory States have committed themselves to readmit their
nationals who entered irregularly in Italy, once their nationality is known (although
in many agreements the alleged citizenship suffices). With regard to the signing of
these agreements Italy follows a simplified procedure, having taken this approach
in the Law No. 40 of 6th March 1998 (“Regulation on Immigration and Rules on the
Condition of the Foreigner”)187.
From the mid-nineties to date, the Italian government has signed about thirty
bilateral agreements on readmission issue (of which twenty are currently
operating). These agreements also bring benefits to countries where immigrants
come from, through the assignment of favoured quotas within the annual flow
decrees, such as those African countries that have experienced increased migration
to Italy like: Morocco, Egypt, Nigeria, and Tunisia. Other third-countries involved
are: Albania, Algeria, Bosnia-Herzegovina, Croatia, the Philippines, Georgia,
Macedonia, Moldova, Serbia, Sri Lanka and also Switzerland. Negotiations are in
progress or under development concerning Lebanon, Syria, Senegal and other
countries.
About the readmission agreements entered into force and/or ratified in the past
four years it must be especially mentioned the one signed with Egypt (January
2007), the agreement on cross-border cooperation on security and fight against
irregular migration with Slovenia (August 2007), ratification and implementation of
the cooperation agreement against crime with the kingdom of Saudi Arabia
(November 2007), as well as ratification and implementation of the agreement for
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
the transfer of sentenced persons – those person that have been imposed the
measure of expulsion with accompaniment to the border – concluded with Bulgaria
in March 2008.
It is generally considered that in Italy the bilateral approach has produced
satisfactory results, as evidenced by the reduction of irregular flows from some
countries with strong out-migration pressure (as in the case of Albania). From a
strategic and operational line of action cooperation with other countries’ police
forces is also effective. In fact, Italy has signed the police cooperation agreements
with almost forty States to develop a joint action to fight against the exploitation
of irregular immigration and the trafficking in human beings. These agreements
involved, in particular, countries from the Balkans (Albania, Bosnia-Herzegovina,
Montenegro, Romania and Serbia), from the Middle East (Lebanon, Syria and
Turkey), and from North Africa and Sub-Saharan Africa (Tunisia, Libya, Egypt and
Nigeria).
In the preceding paragraphs consideration was made about another key tool
referred to the partnership with third countries, that in Italy could not be extended
in favour of irregular immigrants, as Directive 2008/115/EC188 had not been
transposed. This is about “voluntary assisted return”, that over the last twenty
years has been able to support about 8,000 people in difficult conditions and/or
cases of humanitarian emergency, particularly from the Balkans (in the early ‘90s)
and kosovo (early 2000), as well as for trafficking victims, asylum seekers, refugees
and holders of some form of international protection. It must also be added the
cases of stranded migrant workers, that were assisted by the “Repatriation Fund”
managed in the past by the National Social Security Institute (Istituto Nazionale
della Previdenza Sociale – INPS) and now removed. The years ahead will show how
and to what extent the applicability of the “assisted voluntary return” programmes
can be considered an effective tool in the management of irregular migration.
One issue of particular importance, with basic connections in terms of
international job matching system and the promotion of regular entries of migrants,
is related to cooperation with third countries on employment matters189. As regards
to this area, in fact, Italy has been active in developing mechanisms - especially
in the last decade - to set the appropriate agreements for the regulation and
management of migratory flows. These agreements provide for a close bilateral
collaboration allowing the exchange of information on the real needs of the Italian
labour market and the suitable professionals available in the country of origin, as
well as the creation of special lists of available workers who are ready to immigrate
to Italy, thus promoting the regular entry conditions for the migrant workers.
Moreover, cooperation with third countries is also aimed at setting up special
vocational training programs and Italian language courses, often with a view to
establishing the exchange of good practices.
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Trans-national cooperation in reducing irregular migration
In view of this perspective, the Central Directorate of Immigration of the
Ministry of Labour has concluded three bilateral agreements on the regulation and
management of employment migration flows with some of the most important
countries with strong migration flows to Italy, enhancing cooperation in migration
management. These agreements are with the Republic of Moldova, Morocco and
Egypt, while a similar agreement with Tunisia is still being negotiated190. Through
the connection between the institutions of the signatory States, these agreements
aim to encourage the establishment of a system of controlled management of
migration flows, enhancing the selective mechanisms of qualified foreign workers
in accordance with the requirements of the Italian labour market.
For example, it may be quoted the text of the agreement between the Italian
government and the government of Republic of Moldova (signed on 27th November
2003 in Rome) in accordance with the regulations in force in Italy concerning the
entry for work purpose of non EU-citizens. A joint enforcement protocol was also
signed. The agreement in question, in light of the principles that had inspired an
earlier agreement between the two countries in terms of “the readmission of
irregular immigrants” (signed on 3rd July 2002 in Rome), provides cooperation
between contracting parties in the regulation of the workers’ flow, with the aim of
promoting the match between labour supply and demand (see art. 1). Italy, for its
part, through the Ministry of Labour and Social Affairs was committed to encourage
appropriate contacts between the Italian employers’ agencies and employment
agencies from Moldova (see art. 4)191.
In terms of multilateral cooperation, in addition to the initiatives undertaken
through EU instruments, the adaptation to the ratification of the Treaty of Prüm,
signed on May 27, 2005 by seven EU countries (Germany, Spain, France, Austria,
Belgium, Netherlands and Luxembourg) with the strategic goal to strengthen crossborder police cooperation in combating terrorism and to combat irregular
migration192, is an important achievement for the Italian legislation related to
irregular immigration.
Also as part of multilateral cooperation, the multilateral cross-border
cooperation “Mediterranean Sea Basin Programme” has a particular important role
and, using the resources offered by the European Neighbourhood and Partnership for
the period 2007-2013, it is contributing to the framework of the “European
Neighbourhood Policy”, calling into question the regions of those European Union
countries along the Mediterranean shores. This includes 120 regions (including
Sardinia, Basilicata, Calabria, Campania, Lazio, Liguria, Apulia, Sicily and Tuscany)
from 19 European countries193.
It is known that in recent years, Italy has stepped up diplomatic relations in
the field of migration policies with the countries of North Africa, both with regard
to border control and prevention of irregular migration flows, and also on the
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PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
procedures to apply to make effective readmissions. There have been undertaken
several initiatives to combat irregular immigration from the shores of Africa to Italy.
The Italian diplomatic actions with Libya on this issue, particularly intensified in
recent years, have started with the agreement of cooperation in the fight against
organized crime, illicit trafficking in narcotic drugs and psychotropic substances
and irregular migration (signed in Rome on 13th December 2000). Diplomatic
relations between Italy and Libya have intensified over the decade and they
strengthened when the two countries signed the first (December 29th, 2007) of the
two protocols for joint patrolling with the sale of used patrol boats and, therefore,
the so-called treaty of friendship, partnership and cooperation (signed in Benghazi
on 30th August 2008194 and ratified by Italy on 6th February 2009), whose operations
are suspended due to the civil war in Libya. This agreement, which actually
regulates different materials, includes also some measures to strengthen control of
irregular immigration. The Article 19 provides, from one hand, the implementation
of the Agreement of December 2000 and the application of the two protocols signed
in December 2007 (joint patrolling of the Mediterranean Sea through the use of
patrol boats provided by Italy) and, on the other hand, a remote sensing system
(to be contracted to Italian specialized companies) at the Libyan land borders,
where local police forces exercise the authority for control. This second aspect,
together with the intensification of the sea deportation operations, has provoked
different reactions in the public, because of the delicate aspects concerning the
protection of human rights of migrants (mostly from the Sub-Saharan region) both
in the overcoming the Libyan land borders and in the return to Libya, having no
adequate guarantees about the system of international protection of that country195.
4.2. Cooperation with EU and international organizations
In the conclusion of the 2009 study entitled “Programmes and strategies in Italy
fostering assisted return and re-integration in third countries: the Italian case”
edited by the EMN Italian National Contact Point, it is considered as having a prior
importance a “global action concerning all the actors involved in migration towards
the European Union, for which Italy represents one of the entrance” stressing that
it is the specificity of certain structures “(EU, Member States, NGOs) and the
socialization of their competences that may present a pathway to achieve an
informed and comprehensive view of migration, that contributes to enrich and
harmonize international cooperation and, at the same time, that leads all to a
coherent, balanced and effective EU immigration policy”196. Moreover, the larger the
involvement of various parties involved, the more effective it is the action of
migration policies on the whole process.
With regard to the initiative taken at EU level it is clear that a coordinated
action between Member States has followed, over the years, the triple guideline of
208
Trans-national cooperation in reducing irregular migration
shared governance of migration flows (in terms of planning, management and
monitoring), management of integration processes, and the contrast of irregular
immigration and combating human trafficking.
In the European Union, Italy has contributed actively to each of three
directions. This was made, for example, by the transposition and practical
implementation of relevant EU directives, including: Directive 2001/40/EC on the
mutual recognition of decisions on the expulsion of third country nationals
(Legislative Decree No. 12, 10th January 2005); Directive 2003/110/EC on the
mutual assistance in cases of transit for the purposes of removal by air, (Legislative
Decree No. 24, 25th January 2007), Directive 2004/83/EC minimum standards for
determining who qualifies for refugee status or for subsidiary protection status
(Legislative Decree No. 251, 19th November 2007), Directive 2005/85/EC on
minimum standards on procedures in Member States for granting and withdrawing
refugee status (Legislative Decree No. 159, 3rd October 2008). Finally, it must be
reported the transposition of Directive 2004/38/EC on the right of citizens of the
Union and their family members to move and reside freely within the territory of
the Member States (Law Decree No.30, 6th February 2011), and the implementation
of Directive 2008/115/EC on common standards and procedures in Member States
for returning illegally staying third-country nationals (Law Decree No. 89, 23rd June
2011, also completing the transposition of Directive 2004/38/EC), which have been
extensively covered in previous paragraphs.
It should also be mentioned that the mechanism of readmission agreements is
adopted by the European Union as the main instrument to combat the phenomenon
of irregular immigration. Among the agreements where the European Union is a
contracting party there are those signed by Serbia and the Ukraine (entered into
force in 2008), by the Russian Federation, Albania, Sri Lanka, Macao and Hong
kong. Furthermore, negotiations have been concluded with Bosnia-Herzegovina,
Macedonia, Moldova and Montenegro, while with Cape Verde, Georgia and Pakistan
negotiations are still in progress.
It should also be noted that the European Union, in addition to pursuing the
road of readmission agreements, could always put clauses on readmission matter in
the international agreements concluded with third countries. It was the case of the
association agreements concluded with the countries of Central and Eastern Europe
(CEEC), in partnership and cooperation agreements stipulated with the Republics of
the former Soviet Union, as well as in Euro-Mediterranean agreements. As noted in
the abovementioned EMN study, there are also provided for financial and technical
assistance programs such as AENEAS and ARGO «intended for the assistance of third
countries on migration and asylum, through financial and technical support.»
Moreover, from 1stJanuary 2007 an European Neighbourhood and Partnership
Instrument (ENPI) is provided exclusively for the South and Eastern Mediterranean
209
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
countries (Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, Tunisia,
Palestinian Territories), Ukraine, Moldova, Belarus and South Caucasus countries
(Georgia, Armenia and Azerbaijan). ENPI replaced MEDA and TACIS instruments and
focuses on four macro-areas of action: economic and social development, common
challenges, border security and efficiency and promotion of “people to people”
actions»197.
Among the steps to implementing enforcement policy and control of irregular
migration within the EU, with part of Italian contribution, it is mentioned the
“European Pact on Immigration and Asylum”198, which, as the various titles of
document in question state on, aims: 1) to organise regular immigration taking into
account the priorities, needs and reception capacities determined by each Member
State, and to encourage integration 2) to control irregular immigration by ensuring
that irregular immigrants return to their countries of origin or to a country of transit
3) to make border controls more effective, and 4) to construct a Europe of asylum;
5) to create a comprehensive partnership with the countries of origin and of transit
in order to encourage the synergy between migration and development.
On the other hand, the abolition of internal borders between Member States and
the gradual expansion of the Schengen area has led to further action for the control
of external borders, with the request for an additional commitment of all members.
From this perspective, over the years, the exchange of information has been
intensified among various police offices, so as to necessitate the implementation
of a European Police Office (1992)199, with the objective - among others - to
improve the effectiveness and cooperation between the competent authorities of
the Member States in preventing and combating serious international organized
crime, also as part of irregular migration; it has to be set in this frame the birth of
the European Police College (Cepol)200, the EU agency founded in 2005 with the aim
to encourage cross border cooperation in the fight against crime and maintaining
security and public order.
Frontex, the European Agency established in 2004 for the Management of
Operational Cooperation at the External Borders of the Member States of EU201,
started its operations in 2005 working in close contacts with the above-mentioned
organizations (Europol and Cepol) and with the European Anti-Fraud Office (Olaf).
Among Frontex’s objectives there is the European coordination of actions to combat
irregular immigration, such as, for example, external border surveillance in the
Member States patrolled by land, sea and air, and work on finalization of
agreements with neighbouring countries with the European Union so as to facilitate
the readmission of those non-EU migrants who are rejected at the border.
Over the years, the action pursued by Frontex displayed great involvement of Italy.
In fact, in addition to ordinary activities, there have been various missions that have
had the scenario of the Italian territory, especially in the Mediterranean, including
210
Trans-national cooperation in reducing irregular migration
“Nautilus” (in the Sicily Channel) and “Hermes” (between Algeria and Sardinia).
In recent years, it was precisely the Mediterranean area that had been turned
up into a hotspot for irregular immigration, with the events of the landing in the
first half of 2011, arising as a result of political movements and conflicts recorded
in North Africa, in particular Tunisia and Libya, that even more had required urgent
joint action by EU institutions. However, the events, as highlighted by an
authoritative commentator, have produced divisions within the European Union,
between States that are at the forefront in addressing the problem, including Italy,
and those that are not immediately involved, for a current lack of pan-EU
mechanism developed to cope with a sudden influx of migrants that would have
given mutual support to the countries in sharing the burden202. These divisions and
uncertainties were important missing parts that Italy, confronted with a significant
influx in landings of irregular migrants both from Libya and Tunisia, has tried to fill
with various tools, some of whom shared by the same interim authorities (especially
those of Tunisia), including a stronger action regarding rejections at sea.
Faced with this new and complex scenario, Frontex also calls for a strengthening
and increased financial and operational resources. To this end, there is recently
some important news regarding this agency. On 13th September 2011 the European
Parliament has, in fact, planned both the establishment of a “responsible for
fundamental rights”, with functions of inspection and border control on the respect
for fundamental rights, and the creation of an “advisory forum on fundamental
rights”, which must include the Fundamental Rights Agency, the European Asylum
Support Office, the UNHCR and several experts from NGOs engaged in the matter.
In addition, the agency will also be able to lease or buy its own equipment in order
not to depend from the commitments of Member States. Also the financial aspects
are recording new developments, with important consequences for Italy, since the
budget to be allocated to the control of external borders is expected to increase
from the current 32 million to 53 million euro in 2012.
211
5. Estimates and statistics
on the irregular migrant population
5.1. Introduction to the estimate of the total number of irregular aliens
The irregular presence of aliens, by definition, is not registered in official records
and therefore an exact quantification is not possible in practice. However, this
presence is not entirely unknown to the archives because part of it is intercepted
by the police, which thus acquire also useful data for a numerical estimate.
Between 2002 and 2010 the immigration pressure on Italy from countries with
strong migratory pressure has been decreasing, as is revealed by these factors:
- decrease in number of persons intercepted at the border (from 43,795 in 2002 to
4,201 in 2010);
- decrease in number of returnees (from 44,706 in 2002 to 16,086 in 2010);
- decrease in number of people that failed to comply with a removal order (from
61,282 in 2002 to 30,430 in 2010).
ITALY. Refusals, removal and repatriations, overall values (2001-2010)
Measure
2001
2002
2003
2004
2005
2006
Refusals at the borders 41,058 43,795 27,397 24,528 23,878 20,547
Removals/Repatriations 34,390 44,706 37,756 35,437 30,428 24,902
Tot. persons removed
75,448 88,501 65,153 59,965 54,306 45,449
Non compliant
58,207 61,282 40,586 45,697 65,617 78,934
Tot. Involved
133,655 149,783 105,739 105,662 119,923 124,383
% removed on involved
56.4
59.1
61.6
56.8
45.3
36.5
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
2007
11,099
15,680
26,779
47,983
74,762
35.8
2008
6,358
17,880
24,238
46,391
70,629
34.3
2009
4,298
14,063
18,361
34,462
52,823
34.7
2010
4,201
16,086
20,287
30,430
50,717
40.0
In addition, it should be noted not only that the number of irregularities
decreased following the regularization of 2002 (almost 703,000 applications have
been accepted) but there was also the effect of emptying the basin of irregular
immigrants with the regularization of 2009, which covered the home care sector
(296,000 applications).
Moreover, there must be taken into consideration the annual entries for business
for a total of 520,000 in 2006, 170,000 in 2007, 150,000 in 2008, and no entry in
2009 (absence partly resolved by the above-mentioned regularization, launched in
the home care sector with the presentation of nearly 300,000 applications).
In 2010 there was no quota in force, because the entries of 98,080 decided in
December of that year were implemented in the following year.
Finally, there also must be taken into account the harsh effects of economic
212
Estimates and statistics on the irregular migrant populatin
crisis. In 2010 alone there have expired without being renewed 600,000 work
permits and permits issued for family reasons, in force during the previous year. This
underlines both the reduced ability of the system to maintain the old employment
and, at the same time, the need to offer further work, both in the formal sector
(covered by contributions) and in the informal one.
Therefore, if during the first years of the 2000s the estimate of nearly 1 million
irregular migrants (according to the social world and not far from the figures of the
scholars in the field) could have been accepted as close to reality and confirmed
retroactively by the regularization of 2002, now the number of immigrants has
halved.
Only a field survey organically structured in the area would allow going beyond
this general overview of the phenomenon, and it should support a reliable estimate
of the irregular presence.
The ISMU Foundation - Initiatives and Studies on Multiethnicity (Milan) takes
charge of this estimate for the whole national territory every year. It is based on a
representative sample specially created, by disaggregating the overall presence of
three components: foreigners regularly present (but not yet registered as residents),
foreigners registered as residents and foreigners irregularly present. The ISMU
estimated a number of 473,000 irregular immigrants at the beginning of 1990 (year
of regularization when 240,000 applications were submitted), 750,000 in 2002 (year
of regularization when 703,000 applications were submitted), 651,000 in 2007 (year
when 520,000 were admitted on the new quotas for work permits), whereas in 2009
it was estimated a decrease in the number of irregular immigrants to 560,000 and
to 544,000 in 2010, and less than half a million in the following year203.
The seriousness of the Institute of Milan and the commitment it has deployed
in the sample for estimation were held in high regard. Moreover, there are no such
extensive surveys conducted on the irregular presence throughout the national
context, in contrast to what can be done for single local areas. On the other hand,
there are analytical studies on non-resident migrants regularly staying; in particular,
those reported in recent editions of Immigration Statistical Dossier Caritas/Migrantes
(Rome) take into account all the available statistical archives and evaluate the
magnitude of the numbers to an extent not exactly coincident with that of ISMU.
The ISMU Foundation has also the advantage of being able to estimate the
extent of irregular presence for the 60 major communities: up to 1st January 2010
there were estimated between 51,000 and 59,000 irregular migrants coming from
Morocco and Albania; between 21,000 and 30,000 from Ukraine and China; between
15,000 and 20,000 from Senegal, Moldova, Tunisia.
The reported overview may be concluded with the observation that irregular
migration, given the concomitant effect of recent regulatory changes and the
impact of the crisis, is likely to be reduced, both quantitatively and also on its
213
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
impact on regular presence, and it is estimated up to 1st January around 10% of the
nearly 5 million foreigners regularly present in Italy. It remains, however, to
investigate the transition from regularity to irregularity, and, in particular, to what
extent holders of more than 600,000 work permits and those issued on family
reasons (valid until 31st December 2009 but not renewed after one year) have
remained in Italy without authorization rather than return home. The issue, already
discussed in the Immigration Statistical Dossier Caritas/Migrantes204, is currently
examined by the CNEL - National Council of Economy and Labour that, in its Report
on indices of integration of immigrants (Rapporto sugli indici di integrazione degli
immigrati205), intends to deepen the territorial scope.
5.2. National statistics related to irregular migration
Third country national refused entry at external borders
The prevalence of the land border as a route of entry into Italy is confirmed by
the Bank of Italy reporting the results of the sample survey of the flows of entry to
Italy from abroad that, contrasting to what happens with unauthorized passage
across borders, show higher percentages of entries across road borders (66.8%) and
airports (27.7%), unlike what happens across ports (3.3%) and rail borders (2.2%).
However, on a formal level, due to the accession of Slovenia (2007) and
Switzerland (December 2008) to the Schengen Agreement, Italy has no external
land borders. Thus 2008 is the last year with available data for the three borders,
and the disaggregation is as follows: land borders 28.4%, sea borders 22.6%, and
air borders 48.9%.
Therefore, in 2010, there were 4,215 persons stopped at external border, of
which 30.1% at the maritime border and 69.9% at air borders.
The grounds that led the border police to refuse entry are divided as follows:
28.0% purpose and accommodation of stay were not justified, 20.9% the entry visa
or residence permit were invalid, and 19.0% had already received an alert.
Irregular aliens intercepted are males in 9 out of 10 cases. Women, who affect
the overall number of aliens by 8.8%, have a greater significance among the
members of some communities, and particularly among those involved in the home
care sector (Moldova 11.7%, Brazil 15.8%, Ukraine 29.4%), between the Chinese
community, largely characterized by the inclusion of women in the industrial sector,
and among the Nigerian community, where many women have been trafficked into
sexual exploitation.
On the contrary, for other communities the percentage share of women on the
irregular presence is minimal; this hypothesis concerns the countries of North Africa
(incidence of approximately 1%) and Bangladesh (1,230 people intercepted by the
police in 2010 were all males).
214
Estimates and statistics on the irregular migrant populatin
ITALY. Third country nationals found to be illegally present and ordered to leave
Countries
2008
Total
68,175
Morocco
11,520
Tunisia
7,860
Nigeria
4,045
Senegal
4,190
Albania
3,635
China
4,150
Egypt
4,245
Bangladesh
1,900
Ukraine
2,090
Moldova
2,230
Algeria
1,790
Brazil
1,105
India
2,570
SOURCE: EMN Italy. Elaboration on
2009
2010
53,440
46,995
9,450
7,900
8,175
5,160
3,370
3,965
3,800
3,250
2,875
2,820
3,460
2,965
3,170
2,720
1,600
1,230
1,480
1,460
1,485
1,110
1,335
1,420
890
1,010
1,480
1,260
data from Eurostat
%F
minors
8.8
1.4
0.6
29.0
1.5
4.4
31.1
0.2
0.0
29.4
11.7
0.4
15.8
0.4
0
20
30
10
35
0
0
35
0
0
0
35
0
0
2010
compliant
7,140
745
385
195
105
1,000
120
450
25
330
240
165
155
70
%
10.5
6.5
4.9
4.8
2.5
27.3
2.9
10.6
1.3
15.8
10.8
9.2
14.0
2.7
Var %
20082010
31.1
31.4
34.4
2.0
22.4
22.5
28.6
36.1
35.3
30.1
50.2
20.7
9.6
51.0
Third country nationals ordered to leave
Third country nationals ordered to leave were 68,175 in 2008, 53,140 in 2009
and 46,955 in 2010. The main communities involved in 2010 are: Morocco 7,900,
Tunisia 5,160, Nigeria 3,965, Senegal 3,250, China 2,965, Albania 2,820, Egypt
2,720, Ukraine 1,460, Algeria 1,420, and India, Bangladesh, Moldova and Brazil
with more than 1,000 cases.
From the data on persons found to be illegally present there can be drawn some
indications on the differentiated involvement in irregular flows of each
communities. In the period 2008-2010, the number of persons intercepted
decreased overall by 31.1%: a larger decrease for some communities (Egypt,
Bangladesh, Moldova, India), on the average for other communities (Morocco,
China, Ukraine), and fewer for Senegal, Albania, Algeria, and especially Brazil.
Individuals found to be illegally staying during the three-year period decreased
by 31.1%, from 68,175 to 46,965. There are 11 nationalities with more than 1,000
intercepted, with Morocco ranking first with 7,900 cases. In this ranking there are
other African countries: Tunisia, Nigeria, Senegal, Egypt and Algeria, while from
Eastern Europe there are Albania, Ukraine and Moldova, from Asia, China,
Bangladesh and India, while from America there is Brazil.
These data help to get an idea about what the irregular presence of immigrants
looks like, with Africa and Asia in a prominent position, Europe less involved than
in the past due to EU enlargement, and America in a marginal position.
It is also known the age of the persons intercepted (2010): up to 17 years 0.7%,
from 18-43 years 71.8%, 35 years and more 27.5%. The disaggregation by age is
also available for each nationality. It is noted from these figures that, as already
215
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
known from data on unaccompanied minors, the irregular flows of minors concern
the countries of North Africa, as well as several sub-Saharan countries (Niger,
Senegal, Gabon) and Asia (Bhutan, Bangladesh, Palestine). Afghanistan is ranked
first, with 65 minors found out of 325 cases of minors intercepted. All these
children have already completed 14 years of age.
Third country nationals returned following an order to leave
In 2010, compared to 68,075 non-EU citizens who were ordered to leave the
Italian territory as they were found to be illegally present, only 7,140 (10.5%) have
complied the order. The percentage of compliant is higher for some communities
(Brazil 14.0%, Ukraine 15.8%, Albania 27.3%) for Algeria, Moldova and Egypt there
is a rate close to the average, while for the other major communities the percentage
of people who complied with the order to leave Italy is lower: in particular, the
percentage for some communities (Senegal, China, India) is equal to 2% and, for
Bangladesh, falls by 1%.
These data should be paid due attention for those who believe that regulation
of migration flows cannot be grounded only on the very expensive binomial
standard/contrast, and the effects do not correspond to expectations, but must be
supplemented with an additional voice relating the “incentives”, which involve
facilitating the integration of those who intend to settle in Italy and also the
facilitation of return (i.e. with assisted returns, as most recently stated by the
Ministry of Interior).
First instance decision on applications
The first instance decisions on asylum applications adopted in Italy were 20,225
in 2008, 23,015 in 2009 and 11,325 in 2010, while the refused applications in the
first instance have been 10,485 in 2008 (51.8% refusal rate), 13,950 in 2009
(60.6% refusal rate) and 7,015 in 2010 (61.9% refusal rate).
In 2010, there was a decrease in the number of applications due to the ItalianLibyan agreement that provided for a procedure to intercept in international waters
boats filled with migrants.
In 2010, the nationalities can be classified according to the number of
applications:
- 1,000 applications: Nigeria;
- 501-1,000 applications: Turkey, Bosnia Herzegovina, Serbia, Eritrea, Ghana,
Afghanistan, and Pakistan;
- 251-500 applications: kosovo, Ivory Coast, Iraq;
- 100-250 applications: Montenegro, Somalia, Morocco, Tunisia, Burkina Faso,
Gambia, Guinea, Liberia, Senegal, Togo, Bangladesh, Iran, Sri Lanka, Palestine.
Nigeria is ranked first with 1,835 decisions but also with a high refusal rate
216
Estimates and statistics on the irregular migrant populatin
(1,625 refusals, a rate of 88.6%), while for other communities, located in the
ranking of the first 10 for number of applications, the rate of refusals is as follows:
Turkey 51.9%, Bosnia and Herzegovina 92.5%, Serbia 90.5%, Eritrea 13.7%, Ghana
82.8%, Afghanistan 9.5%, Pakistan 60.4%.
During 2010, there have been taken 7,015 negative decisions (compared with
11,325 decisions approved) that involved in 71.1% of male applicants and in the
remaining 28.9% of women; obviously, the gender distribution percentages are
differentiated according to nationality. For instance, in the case of women,
negative decisions account for 49.0% for Bosnia and Herzegovina (240 of 490 total
applications), to 55.8% for Serbia (265 of 475), for 47.2 for Montenegro (85 of 180)
to 48.6% for Nigeria (790 of 1625) and 23.5% for kosovo (60 out of 255).
Moreover, the age of persons who have submitted the applications is shown from
the 7,015 first instance decisions of expulsion. Negative decisions in 2010 were as
follows: 1,065 children under the age of 14 (15.2%), 235 young persons between
14 and 17 years (3.4%), 4,635 adults aged 18 to 34 (66.1%), 1,065 between 15
and 64 years (15.2%), 10 sixty-five-and-over year olds (0.1%).
Similar information on gender is deduced also from the results of the appeals
(1,260 in 2010). Women are 23.8%, while their share was 28.9% of the first
instance decisions. The disaggregation by age is characterized by a further
strengthening of the central class age: less than 18 years 1.6%, 18-34 years 89.7%
and 35-64 years 8.7%.
There are also cases of withdrawal of the temporary protected status originally
granted. In 2010 there were no cases registered, while in 2009 the cases have
involved 140 individuals of which 80 with refugee status.
217
6. Conclusions
The EMN Italy has made its commitment to structurally investigate the theme
of irregular immigration, the analysis of the ongoing provisions (and the details of
case law in this regard), the support of the statistics showing the quantitative
dimension, the measures for implementing the regulations, the need to connect EU,
other international organizations and the countries of origin.
These elements show that the phenomenon of irregular immigration is extremely
complex. This complexity has been made fully visible in this research and, in line
with previous works, it has completed their content. In practice EMN Italy has
collected the information derived from printed and online publications, from
statistical files, from contacts with the structures involved and updated it to almost
all 2011.
This mass of information, previously unavailable in such a structured form, not
only gives a better understanding of the “Italian case” at community level, but also
provides an essential handbook for politicians and public officials as well as for
scholars, communication operators and workers in the social field.
This will remedy some knowledge deficiency that was often superficial and
sometimes partially correct, as it avoided to connect the various aspects. This leads
to the conclusion that irregular immigration, although consistent, is mainly
emphasized beyond its actual dimension, and it is a complex phenomenon (because
it involves Italy and the countries of origin); it is to some extent inevitable
(because the world is characterized by different stages of development that
structurally nourish the migratory pressure) and it is partly controlled through
migration policies that, on the one hand, must provide for a containment
legislation including coercive measures and, on the other hand, should put more
emphasis on incentive measures, which may be less expensive.
The cost aspect should be focused in a more detailed discussion, in a period
when Italy is experiencing a serious financial crisis with extremely negative effects
on employment, which send the entire euro zone into meltdown. This reflection
leads to the conclusion that the policy to combat irregularities cannot prescind
from the available financial resources. It is significant that forced return costs more
than a voluntary return, while this second form of intervention is providing not only
the cost of the trip but also a sum paid as an incentive to a positive reintegration
in the country of origin. For financial reasons aforesaid (but not only for these
reasons) the contrast should be avoided whenever there is another way: this is the
line that the wisdom of the EU adopted with the “Return Directive”.
Moreover, and this is no small thing, among the large immigrant communities
218
Conclusions
regularly settled in Italy, there is a growing disappointment with the fact that the
contrast policies find a considerable funding, whereas this happens in a very limited
extent, if at all, in the case of fundamental measures of integration. Paradoxically,
these criticisms seem to be saying that the resources are being used to send away
foreigners and not to help those who have stably settled in Italy and contribute to
its development.
The conclusions of this challenging research had to follow these broader
considerations, which permit to answer the final requests posed by the European
Commission about the effectiveness of the measures adopted in Italy with regard
to irregular immigration:
In the pre-entry stage, the readmission agreements (and also the labour
agreements with some countries) and the preferential entry quotas have proven
useful, harmonized by awareness campaigns, police cooperation and also, albeit for
a smaller extent, vocational training initiatives implemented on-site for workers
that would subsequently enter in Italy. Not all undertaken measures have had the
same effectiveness, and moreover the situation of each country provides an external
influence in a positive or negative way, as was the case in North Africa in 2011;
In the entry stage, the controls are essential but their effectiveness is limited.
It must be kept in mind that most people with irregular migration status are
“overstayers”, and they have not entered the territory irregularly; Italy is a tourist
country and every day about 200,000 people come from abroad; many countries are
exempted from visa; border controls must be fast and fake documents, using
increasingly sophisticated falsification techniques, are not always easy to detect.
For a decade now, although this thesis never prevailed, several scholars have
underlined that entering the country to search for a job, if subject to a ceiling and
completed by the accommodation guarantees for housing and medical coverage
(possibly having the cost to return home), would reduce drastically the scope of
operations of labour traffickers, it would increase the level of security by permitting
to record the newcomers (which is impossible for irregular immigrants except in the
event that they are apprehended by the police), and it would accredit the path of
regularity as easily feasible.
During the stay stage, the controls undoubtedly represent a dissuasive
intervention but, as can be seen from the data reported in the survey, these concern
about a tenth of the population estimated to be staying irregularly. Moreover,
controls have to face with the strong attractiveness of the illegal labour market,
which, if it were heavily regulated for the benefit of the formal market, would help
to achieve more satisfactory results.
On the pathways out of irregularity, it seems that the balance which reinforces
the “EU Directive on return” should be preferred in Italy, also granting the irregular
migrants a reasonable period of time for complying voluntarily with the removal
219
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
order as well as offering assistance with the programmes of assisted return.
Therefore it is not an easy task to frame the impact of the measures taken to
reduce irregular migration, for there have been several changes in the space of little
more than a decade: first an open approach (1998), then the same structure
preserved with different interventions marked more rigorously (2002), subsequently
there was the so-called “security package” considered by many people the basis for
the “zero tolerance” (2009), and later the softening of some of the repressive
measures following the decisions of the European Court of Justice and the Italian
Constitutional Court (2011).
Currently, taking into account the thesis and antitheses, a more efficient
synthesis might be achieved. An example may be relevant. In 2002, the period of
stay in Italy in case of unemployment was reduced from 12 to 6 months. Such a
short period is not sufficient to find other employment in a time of crisis. In the
month of December 2010 there have expired without being renewed over 600,000
work permits and permits issued for family reasons; it is reasonable to assume that
many interested parties, rather than return home, have remained irregularly in Italy,
so that paradoxically a strict measure caused the opposite effect than its intended
purpose.
The long-term perspective will be satisfactory as the African continent will
experience a take-off and, undoubtedly, the most developed areas of the Far East,
starting from China, will attract large flows of immigration, just like Italy and other
European countries. In this context, there must be a balance between laxity
(although this was never the case) and rigor (where lately the emphasis has shifted
on): it is a commitment that, unfortunately, cannot be complied with default
settings. However this commitment will help reflecting on what has happened so
far, as has been done in this research.
220
Endnotes
1
EMN Italy (edited by), Irregular Migration in Italy, Idos, Rome, 2005. See: www.emnitaly.it/
pb-02.htm.
2
For homogeneity purposes, in the National Report the session referring to the impact of EU
policy and legislation is included in the chapter on national policy and legislation (2).
3
www.interno.it/mininterno/export/sites/default/it/temi/immigrazione/sottotema002.html.
4
EMN Italy (edited by), Glossario EMN Migrazione e Asilo, Idos, Rome, 2011. See: www.emnitaly.it/ev95.htm.
5
Ibid., p. 83.
6
Ibid., p. 127.
7
Ibid., p. 118.
8
http://assembly.coe.int/main.asp?Link=/documents/adoptedtext/ta06/eres1509.htm.
9
EMN Italy (edited by), Op. cit., p. 183.
10
Ibid., pp. 92-94.
11
http://clandestino.eliamep.gr/.
12
Greece, Italy, France and Spain in southern Europe; The Netherlands, The United kingdom,
Germany and Austria in Western Europe; Poland, Hungary, Slovakia and Czech Republic in Eastern
Europe.
13
Turkey, Ukraine, Morocco.
14
http://irregular-migration.hwwi.de.
15
International Centre for Migration Policy Development (ICMPD), Regine. Final Report.
Regularisations in Europe: Study on practices in the area of regularisation of illegally staying thirdcountry nationals in the Member States of the EU, ICMPD Ref. JLS/B4/2007/05, Vienna, 2009. See:
http://ec.europa.eu/home-affairs/doc_centre/immigration/docs/studies/regine_report_
january_2009_en.pdf.
16
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2006:0402:FIN:IT:PDF.
17
Triandafyllidou Anna (ed.), Irregular migration in Europe. Myths and Reality, Ashgate,
Aldershot, 2010
18
www.picum.org.
19
www.fra.europa.eu.
20
http://fra.europa.eu/fraWebsite/research/publications/publications_per_year/pub-migrantsin-an-irregular-situation_en.htm.
21
EMN Italy (edited by), Irregular Migration in Italy, Idos, Rome, 2005. See: www.emnitaly.it
/pb-02.htm.
22
EMN Italy (edited by), Return Migration: the Italian case, Idos, Rome, 2006. See:
www.emnitaly.it/pb-03.htm; EMN Italy (edited by), Programmes and strategies in Italy fostering
assisted return, Idos, Rome, 2009. See: www.emnitaly.it/rs-02.htm.
23
EMN Italy (edited by), Satisfying labour demand through migration. The Italian case, Idos,
Rome, 2010. See: www.emnitaly.it/rs-21.htm
24
EMN Italy (edited by), The organization of asylum and migration policies in Italy, Idos, Rome,
2009. See: www.emnitaly.it/rs-04.htm.
25
EMN Italy (Eds.), EMN Glossary on Migration and Asylum, Idos, Rome 2011. See entry: “irregular
migration”: “movement of a person to a new place of residence, or transit using irregular or illegal
means, without valid documents or by carrying forged ones” (p. 81).
26
Published in the Gazzetta Ufficiale della Repubblica Italiana, No. 191 of August 18, 1998
(ordinary supplement no. 139).
221
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
27
The law, better known as “Bossi-Fini”, was published in the Gazzetta Ufficiale della Repubblica
Italiana, No. 199 of August 26th, 2002, and became fully operational only since 2005, following the
regulation on procedures for recognition of refugee status (Presidential Decree No. 303 of September
16th, 2004), published in the Gazzetta Ufficiale della Repubblica Italiana, No. 299 of December 22nd,
2004.
28
This topic will be reported later, when addressing the latest changes in the political approach
to the matter, and the consequent regulatory adjustment.
29
Published in the Gazzetta Ufficiale della Repubblica Italiana No. 8 of January 12th, 1987. It
should be noted that in the pre-Republican period the irregular presence of foreigners in Italy was
regulated by the Consolidated Law on Public Security (Royal Decree No. 773 of June 18th, 1931).
30
This law provided for three different kind of expulsions (ordered respectively by the Police
Commissioner, the Ministry of the Interior and the Prefect) and introduced penal and administrative
sanctions against abetting illegal and clandestine immigrants, as well as the general principle of
impeding an expulsion towards a country where the foreigner’s life or freedom might be in danger (due
to his race, religion, etc.).
31
The law provides for the “Measures governing immigration and norms on the condition of
foreign citizens” and was published in the Gazzetta Ufficiale della Repubblica Italiana, No. 59 of March
12th, 1998 (ordinary supplement No. 40).
32
With regard to this aspect, it’s worth mentioning the Inter-ministerial Decree of July 14th,
2003 (which regulates “Provisions to fight irregular migration” and the coordination of the Police, the
Coast Guard and the Italian Navy in fighting irregular migration by sea) as well as the technicaloperational agreement signed on July 29th, 2004 and updated on September 14th, 2005 for
interventions against irregular migration by sea, which involves the Central Directorate of Immigration
and Border Police, the General Staff of the Navy, the General Command of the Guardia di Finanza, the
General Command of the Carabinieri and the General Command of the Port Authorities.
33
EMN Italy (Eds.), Programmes and strategies in Italy fostering assisted return and re-integration
in third countries: the Italian case, Idos, Rome, 2009, p. 56.
34
Currently there are 3 types of Centres: Reception Centres - CDA (Law No. 563/1995); Reception
Centres for Asylum Seekers - CARA (Presidential Decree No. 303/2004 and Legislative Decree No.
25/2008); Identification and Expulsion Centres - CIE (Law Decree No. 92/2008).
35
EMN Italy (Eds.), Programmes and strategies in Italy fostering assisted return and re-integration
in third countries: the Italian case, p. 26. See also Nascimbene Bruno, Country Report Italy, in European
Parliament, Refugee Status in EU Member States and Return Policies, Strasbourg, 2005.
36
It should be noted that in case of refusal it is possible to appeal or opt for the assisted
voluntary return. In any case, it is important to preserve the fundamental principle of international
law of “non-refoulement”, which protects the refugees from being returned by any state to places
where their lives or freedom could be threatened. (EMN Italy (Eds.), EMN Glossary on Migration and
Asylum, op. cit., p. 148).
37
With regards to the changes of Law Decree No. 92 of May 23, 2008, later converted into Law
No. 125/2008, see the next paragraph on the recent regulatory changes.
38
The last one in order of time is that of September 2009, which focused on domestic helpers
and personal care workers.
39
This decree was converted (with amendments) in the law No. 125 of July 24th, 2008 (published
in the Gazzetta Ufficiale della Repubblica Italiana, No. 173, July 25th, 2008). See, by various authors,
“Decreto Sicurezza”: tutte le novità, IPSOA, Milan 2008.
40
Paragraph 16, point a) of Article 1 provides “a fine from 5,000 to 10,000 euros [for] a foreign
citizen who enters or stays in the State’s territory, in violation of the provisions”.
222
Endnotes
41
This procedure is applied in cases where the foreign national: has irregularly entered the
Italian territory by evading border controls and has not been rejected; has irregularly stayed in the
territory without a valid residence permit, or holding a permit expired for more than 60 days without
a request for renewal being made; is considered dangerous by the law; has not signed the integration
agreement when entering the country, or has lost all the credits associated with it.
42
There are two different typologies of non-compliance with a removal order. The first one is a
“contravention” and occurs: if the foreign national has been removed for the expiry of his residence
permit for more than 60 days; in case of refusal of the application for a residence permit or failure to
complete a declaration of presence by non-EU citizens who intend to stay in Italy for short periods
(or stay longer than 3 months). The sanctions range from 6 months to 1 year, and from 1 to 4 years
in case of relapse. The second, more severe typology, occurs when the violation is made by foreigners
already expelled for irregular entry, for failure to declare their presence in the State, or for withdrawal
or revocation of their permit. In such cases, the punishment consists in imprisonment from 1 to 4
years, extendable to 5 in case of relapse. In both typologies, the police commissioner issues a new
removal order with immediate accompaniment to the border. Appeal against the removal order may
be presented within 60 days and only before the Justice of the Peace of the place where the authority
ordered the expulsion.
43
The Assisted Voluntary Return Programs are for the most part managed by the International
Organization for Migration (IOM), through active collaboration with the national institutions, as well
as with non-governmental organizations and local authorities. See EMN Italy (Eds.), Programmes and
strategies in Italy fostering assisted return…, op. cit.
44
The transposition of Directive 2008/115/EC into Italian law took place by means of the Law
Decree No. 89 of June 23rd, 2011, which provided for “urgent measures for the completion of the
implementation of Directive 2004/38/EC on free movement of EU citizens”. This decree was approved
by the Chamber of Deputies on July 14th, 2011, while the final conversion was approved by the Senate
on August 2nd, 2011.
45
Prior to the approval of the Law Decree No. 89 of June 23rd, 2011, anyone found in the country
without a residence permit or with an expired, not renewed or revoked one, was criminally prosecuted
for the crime of unauthorized entry and stay (even if he was about to leave the country) and subject
to a penalty of 5,000 to 10,000 Euros as well as to the removal order. With the new law, if the irregular
migrant is about to leave the Italian territory, he is not committing a crime anymore, because he is
leaving the country voluntarily (although the conditions of irregularity mentioned above still persist).
46
In light of the new law, the expulsion orders must consider the personal circumstances of the
irregular migrant, evaluating in each case the length of stay, the possible existence of criminal
convictions, etc.
47
The conditions for acquiring the Italian citizenship by marriage have been changed by the
same Law 94/2009, which stipulates that a foreign spouse or stateless person married to an Italian
citizen can acquire the status civitatis no longer after only 6 months, but after regularly residing in
Italy for at least 2 years of marriage, or for 3 years in case of residence abroad; these terms are reduced
by half in the presence of children born or adopted.
48
For more details on this subject, see: Callia Raffaele, Famiglie e matrimoni misti in epoca di
crisi (Families and mixed marriages during the crisis), in Caritas/Migrantes Statistical Dossier on
Immigration, Idos, Rome 2011, pp. 127-134.
49
View of Advocate General Mazak delivered on 1st April 2011, Case C-61/11PPU El Dridi. See
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62011CC0061:EN:HTML.
50
The commitment of municipalities is crucial in the so-called “Protection System for Asylum
Seekers and Refugees” (SPRAR) within a network of local authorities which helps to realize projects
223
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
of integrated reception by accessing the National Fund for Asylum Policies and Services (see
http://www.serviziocentrale.it). In addition, it is worth mentioning that a delegation from the United
Nations High Commissioner for Refugees (UNHCR) has been operating in Italy since 1953 and that the
Mediterranean Regional Office of the IOM (International Organization for Migration), which until 2011
had its headquarters in Rome, has for years played a key role in the assisted voluntary return programs
for African immigrants in Italy.
51
It is interesting to note the active role of many of the organizations included in the list, which
have recently been promoting two citizens’ initiative laws (in accordance with Article 71 of the Italian
Constitution). The first one regarded the right to vote of foreigners regularly residing in Italy for at
least 5 years. The second one, instead, proposes a simplification of the access to citizenship rights.
52
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/flussi_migratori.
53
EMN Italy (ed.), Satisfying labour demand through migration. The Italian case, Idos, Rome,
2010, pp. 35 e ss. See www.emnitaly.it/rs-21.htm.
54
The geographic priorities are defined, from year to year, by the Directorate General for
Development Cooperation. See http://sedi.esteri.it/pdgcs/italiano/DGCS/uffici/ufficioIX/intro.html.
55
Rotelli Marco, Di Blasi Giulio, “Aiutiamoli a casa loro”: politiche migratorie e cooperazione allo
sviluppo, in Caritas/Migrantes, Immigration Statistics Dossier on 2010, Idos, Rome, 2010, pp. 25-31.
56
The project was launched in 2001 and had the support of Italian Cooperation since 2003.
www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/SchedaIniziativaTema.asp?id_temi=
20&id_Paese=63.
57
www.cespi.it/AMERICA-L.html.
58
www.iom.int/jahia/Jahia/activities/by-theme/migration-development/engaging-migrantwomen-for-development-africa.
59
www.italy.iom.int/index.php?option=com_content&task=view&id=136&Itemid=90.
60
www.utlcairo.org/english/conf_mig_feb07/documenti/Final%20report%20of%20IDOM%
20Project.pdf.
61
www.utlcairo.org/newsletter/Newsletter_6.pdf.
62
Notice no.2/2009 for the granting of a contribution to the creation of an information
campaign aimed at Egyptians minors, potential migrants to Italy, and their families. See
www.lavoro.gov.it/NR/rdonlyres/34572662-CB10-461D-B153-23B68CFB805F/0/Avviso2del2009.pdf.
63
Brochures and case studies: www.egypt.iom.int/UAMCampaign/Publications/A%20case%
20study%2023.6.pdf.
64
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/Campagna_informativa_Egitto_2009.htm
65
IOM, Egypt after January 25. Survey of youth migration intentions, Cairo, 2011, See:
www.egypt.iom.int/Doc/IOM%20(2011)%20Egypt%20after%20January%2025%20Survey%20of%20Y
outh%20Migration%20Intentions.pdf
66
See: www.cissong.org/it/progetti/appoggio-alle-iniziative-di-prevenzione-della.
67
The video is available on the Tamnia NGO’s website: www.tanmia.ma/emigrer/italiano.html;
See also: www.cissong.org/it/press/news/report-concluso-il-1b0-anno-del-progetto.
68
www.belgium.iom.int/STOPConference/Conference%20Papers/22.%20Italian%20Paper%20%20Italian%20version.pdf
69
www.italiamoldavia.it.
70
Babenco Doina, La clandestinità moldava in Italia, in “ISIG Magazine”, year x, no.2-3,
September 2001 www.isigmagazine.isig.it/lib/files/isig_mag_bollettino_it_1602_pdf_.pdf.
71
www.reginapacis.org/files/RAPPORTO_2011.pdf.
72
Recently a report on the returns and reintegration in kosovo was published.
www.balcanicaucaso.org/aree/kosovo/Campagna-d-informazione-per-uscire-legalmente-dal-kosovo.
73
www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/Paese.asp?id=26.
224
Endnotes
74
For more information on entry procedures in Italy, please refer to the study: EMN Italy (ed.) The
organization of asylum and migration policies in Italy, Idos, Rome, 2009. See: www.emnitaly.it/rs-04.htm.
75
EMN Italy (ed.), Satisfying labour demand through migration. The Italian case, Idos, Rome,
2010. See: www.emnitaly.it/rs-21.htm.
76
EMN Italy (ed.), Satisfying labour demand through migration. The Italian case, Idos, Rome,
2010. p.41.See: www.emnitaly.it/rs-21.htm.
77
Press release from the Ministry of Labour and Social Policy, July 5th 2011.
www.lavoro.gov.it/Lavoro/AreaStampa/comunicati/2011_07_05.htm.
78
Press release from the Ministry of Labour and Social Policy, July 19th, 2011.
www.lavoro.gov.it/Lavoro/AreaStampa/comunicati/2011_07_19_1.htm;
79
Ministry of Labour, Ministry of Interior, Ministry of Education, Plan for integration in security.
Identity and Meeting, Rome, June 2010, See: www.interno.it/mininterno/export/sites/default/it/
assets/files/19/0538_Pianointegrazionesicurezzaidentitaincontro.pdf.
80
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/formazione_estero/progetti_pilota.htm.
81
Ministry of Labour, Ministry of Interior, Ministry of Education, Plan for integration in security.
Identity and Meeting, Rome, June 2010, p. 13. See www.interno.it/mininterno/export/sites/default
/it/assets/files/19/0538_Pianointegrazionesicurezzaidentitaincontro.pdf.
82
www.lavoro.gov.it/NR/rdonlyres/D56A2E3D-BA0B-4920-B242-7F3B9C9751FA/0/D_D_1_08_
2011_adozione_avviso_1_2011.pdf.
83
www.lavoro.gov.it/NR/rdonlyres/81236A0B-C186-4419-8A8E AFECE3C65668/0/DM_11_07_
2011.pdf.
84
https://www.flexi.lavoro.gov.it/flexi/ido/Default.aspx?UICulture=it.
85
www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/SchedaIniziativa.asp?id_
paese=58&id_temi=4.
86
www.utlcairo.org/newsletter/Newsletter10.pdf.
87
www.utlcairo.org/stampa/conf091007/modello%20imm%20it+eg.pdf; www.utlcairo.org/
newsletter/Newsletter_6.pdf.
88
www.utlcairo.org/newsletter/Newsletter_6.pdf.
89
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/progetti/Programma+AENEAS_
Progetto_Tunisia_ITA.htm
90
www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/SchedaIniziativa.asp?id
_paese=73&id_temi=20.
91
EMN Italy (ed.), Annual Policy Report - Italy 2009, Idos, Rome, 2010, p. 23. See:
www.emnitaly.it/rs-11.htm.
92
Guardia di Finanza, Rapporto 2010, Roma, 2011. See: www.gdf.gov.it/GdF/it/Documenti_
e_pubblicazioni/Pubblicazioni/Le_pubblicazioni_dell_Ente_Editoriale/Il_Rapporto_Annuale/info614484291.html
93
Guardia di Finanza, Rapporto 2010, Roma, 2011. See: www.gdf.gov.it/GdF/it/Documenti_e_
pubblicazioni/Pubblicazioni/Le_pubblicazioni_dell_Ente_Editoriale/Il_Rapporto_Annuale/info614484291.html.
94
www.camera.it/_dati/leg16/lavori/stenbic/30/2010/0414/INTERO.pdf.
95
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie
/immigrazione/000122_2010_12_7_ maroni_incontra_collega_libico.html_1274398083.html.
96
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/2100_500_
ministro/00929_2010_02_24_Sahara_II.html.
97
www.esteri.it/MAE/IT/Sala_Stampa/ArchivioNotizie/Approfondimenti/2011/06/20110617_
FrattiniCntLibico.htm.
98
www.cooperazioneallosviluppo.esteri.it/pdgcs/italiano/iniziative/SchedaIniziativa.asp?id_
225
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
paese=78&id_temi=20.
99
www.sturzo.it/site/it-IT/Menu_principale/Area_studi_e_ricerche/Progetti_in_
corso/Progetti_in_corso/nigerimm.html.
100
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie
/immigrazione/0162_2009_07_24_accordo_italo-algerino.html.
101
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/rapporti_
internazionali/0539_2009_02_17_accordo_ita_nig_interpol.html_1706701255.html.
102
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/2100_
500_ministro/00947_2010_02_08_ghana.html.
103
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/00941_2010_02_09_Niger.html_1969339068.html.
104
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/rapporti_
internazionali/00905_2010_05_05_egitto_motovedette.html_937531262.html.
105
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/comunicati/
comunicati_2011/0824_2011_06_30_Sottosegretario_Viale_al_G6_di_Madrid.html_1959983293.html.
See also: EMN Italy (Ed.), Annual Policy Report 2010, Idos, Rome, 2011. See www.emnitaly.it/rs-24.htm.
106
www.esteri.it/MAE/IT/Sala_Stampa/ArchivioNotizie/Approfondimenti/2011/03/20110325_
cooptun.htm.
107
The agreement with Tunisia, previously in force, also provides for repatriation, but the
authorities in Tunis has applied it with the acceptance of only four nationals a day. See:
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/0000
90_2011_03_02_audizione_Tunisia.html_880972224.html.
108
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/000057_2011_05_11_consegna_motovedette_a_Tunisia.html_1932202371.html;www.i
nterno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/000065_20
11_04_12_Audizione_Maroni_Commissione_Camera.html_1728265668.html;www.interno.it/mininter
no/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/000073_2011_04_06_accordo
_Italia-Tunisia.html_631041341.html.
109
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/0000090_2011_7_22_incontro_Maroni_con_Ali_Al-Isawi.html_1084908927.html;
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/0999
_2011_05_27_incontro_Viale_Hammarberg.html_427104638.html.
110
See EMN Italy (ed.), Visa policy as migration channel in Italy, Idos, Rome, 2011,
www.emnitaly.it.
111
Frontex, Situation at the external borders of the EU (January-September 2010), Warsaw, 2010,
see: www.frontex.europa.eu/situation_at_the_external_border/art18.html.
112
Statement of the Government concerning immigration flow to Lampedusa. Sitting of the
Senate 29th September 2011. See: www.interno.it/mininterno/export/sites/default/it/assets/files/21/
0205_Informativa_Viale_Lampedusa.pdf.
113
On this issue EMN annual reports on the policies 2009 and 2010 focus on the complexity of
the issues related to the implementation of the European Pact on immigration and asylum (in
particular the 2009 report). See: www.emnitaly.it/researches.htm#4.
114
The DSS is a system that can provide data needed for strategic and operational evaluations of
the Central Directorate for Immigration and Border Police, that is loaded with statistical data from the
statistical system currently in use (SMSI - Immigration Statistics Monitoring System), about
rejections, readmissions and fraudulent document interceptions.
115
226
www.interno.it/mininterno/export/sites/default/it/assets/files/20/0643_fondo_europeo_
Endnotes
frontiere_programma_2010.pdf.
116
www.interno.it/mininterno/export/sites/default/it/assets/files/21/0365_programma_
annuale_2011.pdf.
117
Hearing of the representatives of the Coast Guard, 28th June 2011. See:
www.camera.it/453?bollet=_dati/leg16/lavori/bollet/201106/0628/html/30 (version available on
audiovisual www.radioradicale.it/scheda/330874).
118
The work was contracted on 22nd October 2010 to “Almaviva SpA” of Rome, the main Italian
group of consulting and IT services (information and communication technology) for the government,
the social security funds, banks and others. For a total cost of 5,461,700 euros, Almaviva is required
to ensure the installation and maintenance of the five radar units and through four training courses
for the Customs officers department’ staff (Guardia di Finanza). See Assembly, meeting No 444 of
7/3/2011, Question for written answer 4-11155 by Elisabetta Zamparutti:
www.camera.it/417?idSeduta=444&resoconto=bt08&param=n4-11155 # 11155.
119
EMN Italy (ed), Annual Policy Report 2010, Idos, Rome, 2011. See: www.emnitaly.it/rs-24.htm.
120
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/00916_2010_04_12_vertice_italo_francese.html_1478334784.html.
121
For further reading see: Frontex, General Report 2010, Warsaw, 2011 See: www.frontex.
europa.eu/gfx/frontex/files/frontex_general_report_2010.pdf.
122
www.frontex.europa.eu/hermes_2011_extended/background_information.
123
Chamber of Deputies, Relations Department of the European Union,
http://documenti.camera.it/Leg16/dossier/Testi/As002.htm.
124
http://ec.europa.eu/home-affairs/news/intro/docs/1_IT_ACT_part1_v3.pdf.
125
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/000068_2011_04_08_Italia_Francia.html_631041341.html.
126
SEA, Aeroporti di Milano e i controlli sull’immigrazione irregolare: pratiche e buone prassi,
Milano, 2010.
127
www.cubmalpensa.it/index.php/lavoratori-stranieri/513-immigrazione-irregolarepresenta zionedello-studio-promosso-da-sea.html; www.interno.it/mininterno/export/sites/default/it/ sezioni/
sala_stampa/notizie/immigrazione/00849_2010_07_05_malpensa_convegno.html_ 1728265669.html.
128
www.esteri.it/MAE/IT/Ministero/Servizi/Stranieri/IngressoSoggiornoInItalia/Visto_ingresso/
Termini_rilascio_visti.htm.
129
See EMN Italy (ed.), Visa policy as migration channel in Italy, Idos, Rome, 2011,
www.emnitaly.it.
130
www.poliziadistato.it/articolo/11743-Operazione_Pass_Makers/.
131
www.poliziadistato.it/articolo/view/12961/.
132
www.poliziadistato.it/articolo/view/12805/.
133
www.poliziadistato.it/articolo/view/13367/.
134
www.poliziadistato.it/articolo/14303-Trento_falsi_documenti_per_visti_6_arresti/.
135
www.poliziadistato.it/articolo/14559/.
136
www.poliziadistato.it/articolo/view/16414/.
137
www.poliziadistato.it/articolo/view/19428/.
138
www.poliziadistato.it/articolo/20538-Operazione_Cestia_manette_per_i_trafficanti_di_uomini/.
139
www.poliziadistato.it/articolo/view/21303/.
140
www.poliziadistato.it/articolo/view/21315/.
141
www.poliziadistato.it/articolo/view/21599/.
142
www.poliziadistato.it/articolo/view/22113/.
143
www.poliziadistato.it/articolo/view/22913/.
144
www.poliziadistato.it/articolo/view/23041/.
227
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
145
http://blog.panorama.it/italia/2009/05/21/allarme-sicurezza-aumentano-le-patenti-falsetra-gli-stranieri/.
146
See: Catania Giampiero, in Caritas/Migrantes, Immigration Statistic Dossier 2009, Idos, Rome,
2009, pp. 311-314.
147
See: Nanni Maria Paola, Foreign Citizens: flows and community, in Caritas/Migrantes
Immigration Statistic Dossier 2011, Idos, Rome, 2011, pp. 87-94.
148
CNEL, La criminalità organizzata cinese in Italia. Caratteristiche e linee evolutive, Rome, May
2011. See: www.cnel.it/213?shadow_documenti_fldtipologiaattach=Rapporto.
149
Not all these agreements are enforceable. EMN Italy (Ed.), The organization of asylum and
migration policies in Italy, Idos, Rome, 2009. See: www.emnitaly.it/rs-04.htm.
150
Albania, Algeria, Croatia, Bosnia and Herzegovina, Egypt, FYROM - Macedonia, Georgia,
Philippines, Morocco, Moldova, Nigeria, Serbia and Montenegro, Sri Lanka, Switzerland, Tunisia.
151
EMN Italy (ed.), Annual Policy Report 2010, Idos, Rome, 2011. See: www.emnitaly.it/rs-24.htm.
152
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/0000094_2011_07_14_Rimpatriati_40_cittadini_egiziani.html_850751360.html.
153
http://fortresseurope.blogspot.com/2011/07/i-conti-di-frontex-10-milioni-per-2000.html.
154
Statements of Michelangelo Latella, Central Directorate for Immigration and Borders Police,
Department of Public Security of the Ministry of the Interior, learned from: Rimpatri: quasi 10 milioni
di euro per meno di 4.000 rientri, (Repatriation: almost 10 million for less than 4,000 returns), in
“Redattore Sociale”, 19th July 2011.
155
For a broader view: EMN Italy (ed.), Annual Policy Report 2010, Idos, Rome, 2011, p.11. See
www.emnitaly.it/rs-24.htm.
156
Judgment No 245/2011 of the Constitutional Court. See: www.cortecostituzionale.it.
157
www.senato.it/documenti/repository/dossier/bilancio/Note_di_lettura/NL110%20ediz.
%20definitiva.pdf.
158
www.senato.it/documenti/repository/dossier/bilancio/Note_di_lettura/NL110%20ediz.%20
definitiva.pdf.
159
www.camera.it/461?stenog=/_dati/leg16/lavori/stencomm/11/indag/lavoro/2010/
0429&pagina=s010.
160
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/Progetto_ReLaR.htm.
161
www.poliziadistato.it/articolo/view/17376/.
162
w w w. p o l i z ia d i s t a t o . i t / a r t ic o l o / 1 8 9 1 4 - P ia na _ d i _ G io ia _ Ta u ro _ 3 1 _ a r re s t i _
nell_operazione_Migrantes/.
163
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/00833_2010_11_10_agrumi.html_1084908926.html.
164
www.ilgiornale.it/interni/ndrangheta_e_traffico_clandestini_blitz_polizia_67_manette/
ndrangheta-calabria-immigrati-clandestini/03-02-2010/articolo-id=418962-page=0-comments=1.
165
www.antoninocaponnetto.org/attachments/018_rapporto%202010.pdf.
166
www.ansa.it/web/notizie/regioni/marche/2010/10/11/visualizza_new.html_1734380539.html.
167
www.ilcorrieredellasicurezza.it/articolo.asp?idarticolo=guardia-di-finanza-verona-operazionelandless_3536
168
www.ennanotizie.info/?option=com_content&view=article&id=4903&catid=.
169
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/
immigrazione/0076_2010_08_14_arresto_Butter.html_1932202370.html.
170
Carfagna Massimo, Pittau Franco, Italia: 20 anni di regolarizzazioni, in Caritas/Migrantes,
Dossier Statistico Immigrazione 2002, Nuova Anterem, Rome, 2002, pp. 129-138; Nanni Maria Paola,
2009: una regolarizzazione “selettiva”, in Caritas/Migrantes, Dossier Statistico Immigrazione 2010,
228
Endnotes
Idos, Rome, 2010, pp. 112-117.
171
www.interno.it/mininterno/export/sites/default/it/assets/files/20/0099_Emersione_colf_
e_badanti-dati_al_14_marzo_2011.pdf.
172
www.lavoro.gov.it/NR/rdonlyres/0D437786-9790-4B93-8625-E2BAD6A67FEE/0/
Rapporto_immigrazione_sintesi_250211.pdf.
173
For further details: EMN Italy (ed.), Programmes and strategies in Italy fostering assisted return,
Idos, Rome, 2009, p. 56. See www.emnitaly.it/rs-02.htm.
174
See: International Organization for Migration (IOM), Return migration. Policies and practices in
Europe, Geneva, 2004; IOM, Essentials of migration management. A Guide for policy makers and
practitioners, vol. 3, Geneva, 2004.
175
EMN Italy (ed), Programmes and strategies in Italy fostering assisted return, Idos, Rome, 2009,
p. 56. See www.emnitaly.it/rs-02.htm.
176
www.retenirva.it/DOC-fase3/PARTIRIII.pdf.
177
www.retenirva.it/DOC-fase3/ODISSEOII.pdf.
178
www.retenirva.it/DOC-fase3/REMPLOY.pdf.
179
www.retenirva.it/DOC-fase3/REMIDA.pdf.
180
www.retenirva.it/DOC-fase3/RIVANII.pdf.
181
www.retenirva.it.
182
www.retenirva.it/DOC-fase3/REFORMII.pdf.
183
www.retenirva.it/DOC-fase3/Scheda-Volver.pdf.
184
Senato, Il bilancio dello Stato 2010-2012 Una analisi delle spese per missioni e programmi,
Rome, January 2010. See: www.senato.it/documenti/repository/dossier/bilancio/Elementi_di_
documentazione/ED%2026.pdf.
185
Urgent interpellation no. 2-01053, 14/04/2011, meeting no. 464 http://banchedati.
camera.it/sindacatoispettivo_16/showXhtml.asp?highLight=0&idAtto=37940&stile=6.
186
www.retenirva.it/Materiali/RVA-ORIENTAMENTI-PER-I-MEDIA.pdf.
187
Paragraph 4 of Article 9 of Law No 40 of 6th March 1998 provides that “the Ministry of Foreign
Affairs and the Ministry of the Interior [promote] the necessary steps, in order to accelerate the
completion of the investigation and the issuance of any documents necessary to improve the
measures’ effectiveness, in agreement with the countries concerned.
188
The implementation took place only recently, through the Decree Law No 89 of 23rd June 2011,
(approved by the Chamber of Deputies on 14th July 2011, and by the Senate on 2nd August 2011).
189
See EMN Italy (ed.) Satisfying Labour Demand through Migration, Idos, Rome 2010, p.41
190
See: the Ministry of Labour and Social Policy ‘ website (www.lavoro.gov.it at 10th September 2011).
191
See EMN Italy (ed.) Satisfying Labour Demand through Migration, Idos, Rome 2010, p.43-44
192
The accession to the Treaty has occurred by means of the law No 85 of 30th June 2009
(published in the Official Journal of the Italian Republic No 160 of 13th July 2009, Ordinary
Supplement No. 108).
193
The official website of the program is available at: www.enpicbcmed.eu. It should be noted
that the planning phase was initiated in September 2006 (with the participation of 15 countries),
meeting under the coordination of the Autonomous Region of Sardinia, as the AGC, the Joint
Managing Authority of the program (see: www.regione.sardegna.it/speciali/enpicbc).
194
The ratification and implementation of the “treaty of friendship, partnership and cooperation”
occurred with the law No 7 on 6th February 2009, (published in the Official Journal of the Italian
Republic No. 40 of 18th February 2009). A detailed dossier on the Treaty between Italy and Libya was
made by prof. Natalino Ronzitti, professor of international law and scientific adviser of the IAI
(Institute of International Affairs), for “Research Department” and the “International Service Affairs”
229
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
of the Italian Senate (see: www.iai.it/pdf/Oss_Transatlantico/108.pdf).
195
It should be recalled, in this regard, that Libya has not signed the Geneva Convention of 1951
on the rights of refugees and it has no legislation on asylum.
196
EMN Italy (Eds.), Programmes and strategies in Italy fostering assisted return and re-integration
in third countries: the Italian case, Idos, Rome 2009, p. 57. See: www.emnitaly.it/rs-02.htm.
197
There in p.38. See: www.emnitaly.it/rs-02.htm.
198
See Council of the European Union, European Pact on Immigration and Asylum (13189/08 ASIM
68), Brussels, 24th September 2008.
199
The office became fully operational in the following years. Recently, the “Europol Convention”
has been replaced by the EU Council decision of 6th April 2009 which is establishing the “European
Police Office” (Europol) from 1st January 2010. See Council of the European Union, Council decision
(2009/371/JHA) establishing the European Police Office (Europol), Brussels, 6th April 2009.
200
See Council of the European Union, Council decision (2005/681/JHA) establishing the
European Police College (CEPOL) and repealing Decision 2000/820/JHA, Brussels, 20th September
2005.
201
See Council of the European Union, Council regulation (EC) n. 2007/2004) establishing a
European Agency for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union, Brussels, 26th October 2004.
202
See Timothy Hatton, Refugees from North Africa: A Case for Cooperation?, 2nd May 2011. The
article is available on the website “Vox” (Research-based policy analysis and commentary from leading
economists) at the following address: www.voxeu.com/index.php?q=node/6445.
203
ISMU Foundation, Fifteenth Italian Report on Migrations 2009, Franco Angeli/ISMU, Milan
2010, pp. 27-31.
204
Caritas/Migrantes Immigration Statistical Dossier 2011, Idos, Rome, 2011, pp.110 and 255-256.
205
www.portalecnel.it/Portale/DocumentiAltriOrganismi.nsf/vwPerONC?Openview.
230
7. Statistical annex
Tables 1: Third country nationals found to be illegally present
Table 1.1: Overall trend (2008-2010)
Total number of third-country nationals found to be illegally present
2008
2009
2010
68,175
53,440
46,955
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 1.2: Age of migrant found to be illegally present (2008-2010)
2008
2009
Fewer than 14 years
0
0
2010
0
From 14 to 17 years
0
0
325
From 18 to 34 years
54,315
41,035
33,725
35 years or over
13,860
12,405
12,905
Total
68,175
53,440
46,955
2008
2009
2010
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 1.3: Sex of migrant found to be illegally present (2008-2010)
Male
62,535
48,915
42,830
Female
5,640
4,530
4,125
Total
68,175
53,440
46,955
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 1.4: Main 10 countries of citizenship (2008-2010)
2008
2009
Position
Country of citizenship
Total Country of citizenship
1st main
Morocco
11,520 Morocco
9,450 Morocco
7,900
2nd main
Tunisia
7,860 Tunisia
8,175 Tunisia
5,160
3rd main
Egypt
4,245 Senegal
3,800 Nigeria
3,965
4th main
Senegal
4,190 China (incl. Hong Kong)
3,460 Senegal
3,250
5th main
China (incl. Hong Kong)
4,150 Nigeria
3,370 China (incl. Hong Kong)
2,965
6th main
Nigeria
4,045 Egypt
3,170 Albania
2,820
7th main
Albania
3,635 Albania
2,875 Egypt
2,720
8th main
India
2,570 Bangladesh
1,600 Ukraine
1,460
9th main
Moldova
2,230 Moldova
1,485 Algeria
1,420
1,480 India
1,260
10th main
Ukraine
2,090 India
SOURCE: EMN Italy. Elaborations on Eurostat data
2010
Total Country of citizenship
Total
231
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
Tables 2: Third country nationals refused entry at the external borders
Table 2.1: Overall trend (2008-2010)
Total number of third-country nationals refused
2008
2009
2010
6,405
3,700
4,215
2008
2009
2010
1,745
545
545
835
565
390
1,675
830
880
210
180
210
1,230
1,030
1,180
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 2.2: Grounds for refusal (2008-2010)
No valid travel document
False/counterfeit/forged travel document
No valid visa or residence permit
False visa or residence permit
Purpose and conditions of stay not justified
Person already stayed 3 months in a 6-months
i d
No sufficient means of subsistence
An alert has been issued
40
40
70
120
95
115
515
410
800
30
5
25
6,405
3,700
4,215
2010
Person considered to be a public threat
Total
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 2.3: Type of border where refused entry (2008-2010)
2008
2009
Land
1,820
:
:
Sea
1,445
1,190
1,270
Air
3,135
2,510
2,945
Total
SOURCE: EMN Italy. Elaborations on Eurostat data
6,405
3,700
4,215
Table 2.4: Main 10 countries of citizenship of third-country nationals refused entry (2008-2010)
2008
2009
Position
Country of citizenship
Total Country of citizenship
Total Country of citizenship
Total
1st main
Iraq
385 Albania
435 Albania
575
2nd main
Albania
355 Morocco
265 Unknown
500
3rd main
Serbia
330 Unknown
235 FYR of Macedonia
215
4th main
Morocco
325 Iraq
205 Serbia
205
5th main
Afghanistan
310 Afghanistan
175 Morocco
190
6th main
Turkey
275 Turkey
155 Brazil
190
7th main
Brazil
270 Brazil
150 Turkey
150
8th main
Nigeria
220 Nigeria
145 China (incl. Hong Kong)
150
9th main
China (incl. Hong Kong)
200 China (incl. Hong Kong)
135 Afghanistan
130
115 Algeria
115
10th main Paraguay
195 Senegal
SOURCE: EMN Italy. Elaborations on Eurostat data
232
2010
Statistical annex
Tables 3: Third country nationals ordered to leave (after being found illegally present)
Table 3.1: Overall trend (2008-2010)
2008
Total number of third-country nationals ordered to leave (after being found to be illegally present)
SOURCE: EMN Italy. Elaborations on Eurostat data
2009
2010
68,175 53,440 46,955
Table 3.2: Main 10 countries of citizenship of ordered to leave (2008-2010)
2008
2009
Total Country of citizenship
2010
Position
Country of citizenship
1st main
Morocco
11,520 Morocco
9,450 Morocco
7,900
2nd main
Tunisia
7,860 Tunisia
8,175 Tunisia
5,160
3rd main
Egypt
4,245 Senegal
3,800 Nigeria
3,965
4th main
Senegal
4,190 China (incl. Hong Kong)
3,460 Senegal
3,250
5th main
China (incl. Hong Kong)
4,150 Nigeria
3,370 China (incl. Hong Kong)
2,965
6th main
Nigeria
4,045 Egypt
3,170 Albania
2,820
7th main
Albania
3,635 Albania
2,875 Egypt
2,720
8th main
India
2,570 Bangladesh
1,600 Ukraine
1,460
9th main
Moldova
2,230 Moldova
1,485 Algeria
1,420
1,480 India
1,260
10th main Ukraine
2,090 India
SOURCE: EMN Italy. Elaborations on Eurostat data
Total Country of citizenship
Total
Tables 4: Third country nationals returned following an order to leave (after being found to be illegally present)
Table 4.1: Overall trend (2008-2010)
2008
2009
2010
Total number of third-country nationals returned following an order to leave
7,140
5,315
4,890
Number of third-country nationals returned to a third country following an order to leave
SOURCE: EMN Italy. Elaborations on Eurostat data
7,140
5,315
4,890
Table 4.2: Main 10 countries to which third-country nationals are returned following an order to leave (2008-2010)
2008
2009
Total Country of citizenship
2010
Position
Country of citizenship
Total Country of citizenship
1st main
Albania
1,215 Albania
2nd main
Morocco
1,075 Morocco
830 Morocco
745
3rd main
Tunisia
660 Tunisia
540 Egypt
450
4th main
Egypt
555 Moldova
395 Tunisia
385
5th main
Moldova
545 Ukraine
355 Ukraine
330
6th main
Palestine
535 Egypt
225 Moldova
240
7th main
Ukraine
430 Nigeria
190 Nigeria
195
8th main
Serbia
270 Serbia
180 Algeria
165
9th main
Algeria
225 Algeria
170 Serbia
155
10th main
Iraq
165 Senegal
SOURCE: EMN Italy. Elaborations on Eurostat data
145 Brazil
155
1,085 Albania
Total
1,000
233
PRACTICAL RESPONSES TO IRREGULAR MIGRATION: THE ITALIAN CASE
Tables 5: Third country nationals whose application for asylum has been rejected
Table 5.1: Overall trend (2008-2010)
2008
Total number of third country nationals whose application for asylum has been
rejected
in the first instance
following a final
2009
2010
10,485 13,950 7,015
30
1,475 1,260
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 5.2: Sex of rejected asylum applicants (2008-2010)
Applications rejected in the first instance
2008
2009
2010
Male
8,980
11,220
4,990
Female
1,505
2,730
2,025
0
0
0
Total
10,485
13,950
7,015
Male
Unknown
Applications rejected following a final
decision
30
1,270
955
Female
5
205
300
Unknown
0
0
0
30
1,475
1,260
Total
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 5.3a: Main 10 countries of citizenship of applicants whose application has been rejected in the first instance (2008-2010)
2008
2009
Total Country of citizenship
2010
Position
Country of citizenship
Total Country of citizenship
1st main
Nigeria
2,730 Nigeria
4,925 Nigeria
Total
2nd main
Ghana
1,070 Ghana
1,095 Ghana
3rd main
Bangladesh
900 Pakistan
920 Bosnia and Herzegovina
490
4th main
Côte d'Ivoire
830 Bangladesh
795 Serbia
475
5th main
Afghanistan
585 Unknown
665 Pakistan
435
6th main
Pakistan
505 Côte d'Ivoire
560 Turkey
350
7th main
Unknown
365 Gambia
455 Kosovo
255
8th main
Togo
360 Burkina Faso
390 Côte d'Ivoire
200
9th main
Burkina Faso
340 Algeria
355 Bangladesh
180
10th main
Mali
285 Eritrea
SOURCE: EMN Italy. Elaborations on Eurostat data
310 Montenegro
180
1,625
505
Table 5.3b: Main 10 countries of citizenship of applicants whose application has been rejected following a final decision (2008-2010)
2008
Position
Country of citizenship
1st main
Bangladesh
2nd main
3rd main
2009
Total Country of citizenship
Total
15 Nigeria
490 Nigeria
580
Ghana
5 Ghana
295 Ghana
110
Pakistan
5 Côte d'Ivoire
115 Pakistan
85
4th main
:
:
Bangladesh
90 Côte d'Ivoire
80
5th main
:
:
Pakistan
80 Mali
40
6th main
:
:
Burkina Faso
50 Gambia
35
7th main
:
:
Togo
50 Turkey
35
8th main
:
:
Mali
40 Bangladesh
25
9th main
:
:
Guinea
30 Unknown
25
10th main
:
:
Gambia
25 Burkina Faso
20
SOURCE: EMN Italy. Elaborations on Eurostat data
234
2010
Total Country of citizenship
Statistical annex
Tables 6: Third country nationals whose status has been withdrawn (following a final decision)
Table 6.1: Overall trend (2008-2010)
Total number of third country nationals whose status has been withdrawn
2008
2009
2010
0
10
20
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 6.2: Main 10 countries of citizenship of migrant whose status has been withdrawn (2008-2010)
2008
2009
Country of citizenship
1st main
:
: Albania
5 Croatia
5
2nd main
:
: :
: Angola
5
3rd main
:
: :
: Azerbaijan
5
4th main
:
: :
: Iraq
5
5th main
:
: :
: :
:
6th main
:
: :
: :
:
7th main
:
: :
: :
:
8th main
:
: :
: :
:
9th main
:
: :
: :
:
: :
: :
:
10th main
:
SOURCE: EMN Italy. Elaborations on Eurostat data
Total Country of citizenship
2010
Position
Total Country of citizenship
Total
235
EMN Italy Publications
European Migration Network
www.emnitaly.it
236
IDOS and the
European Migration Network (EMN)
Since December 2002 Caritas, and on its behalf the IDOS Study and Research Centre, has
collaborated with the Ministry of Interior for the development of the European Migration Network (EMN) and the organization of the National Contact Point (NCP).
The EMN network, after a pilot phase, was formally established by the Council Decision of
May 14, 2008 (2008/381/EC) with the purpose of providing policy makers and the general
public with reliable and consistent data on migration and asylum.
Between 2009 and 2012 the Italian Contact Point has published four national reports. These
reports focus on various topics: Organization of the Policies, Unaccompanied Minors, Voluntary Return, Non-harmonized Protection, Shortage of Labour, Temporary and Circular Migrations. Other publications are the Statistical Reports and the Annual Policy Reports, which are
used by the European Commission in order to evaluate the implementation of the so-called
“Immigration and Asylum Pact” and “Stockholm Programme”.
The Contact Point has assured regular participation in all formal network meetings, as well
as in various training sessions and specifically in the Working Group committed to draw up
a glossary of immigration.
There have been several twinning initiatives between the Contact Points of the various Member States, in particular the Exchange Meeting with Austria, Bulgaria, Finland, France, Latvia,
Poland and Hungary (Rome, June 15-16, 2011), as well as the Twinning Meetings with France
(Paris, March 21-22, 2011) and Malta, Cyprus and Greece (Valletta, April 14-15, 2011).
The NCP has also submitted the national study on unaccompanied minors to the EC (Brussels, December 10, 2010) and has participated at the Metropolis conference (Ponta Delgada,
September 12-16, 2011) with a presentation on “The impact of immigration on the ageing
Italian society, and to the EMN conferences held in Paris and Valletta (November 29 and 30,
2011) with thematic presentations.
At the national level, since 2005 at least two EMN meetings have been organized each year
and its reports have been presented at several major conferences and distributed at the Ministry of Interior stand at the ANCI (National Association of Italian Municipalities) annual conference (Brindisi, October 5-8, 2011). In particular, the Italian edition of the EMN Asylum and
Migration Glossary has been widely disseminated, since the official launching held in Rome
at the European Commission Representative Office in Italy (June 15, 2011).
In prospect, there is the intention to strengthen the knowledge service in support of the European Commission, along with a wider information addressed to the public opinion.
For more information and to download the mentioned reports: www.emnitaly.it.
237
FOURTH EMN ITALY REPORT
Idos Study and Research Centre bibliography
For the purpose of this research, a wide use has been made of the scientific documentation
produced by Idos, a research centre specialized on migration studies in Italy and supported by a
team of senior researchers working in this field for almost 20 years as well as several external
experts.
On this topic Idos does not only elaborate studies, researches and surveys (in which transfuses data collected and processed statistics from different sources), but also organizes or participates in conferences, seminars and training courses both in Italy and abroad, in collaboration
with international organizations, national and regional bodies and the ecclesiastic networks of
Caritas and Migrantes Foundation.
Since 1991, each year, commissioned by Caritas Italiana and Migrantes, Idos researchers produce a socio-statistical report on immigration in Italy called Dossier Statistico Immigrazione (last
issue: Edizioni Idos, Rome, October 2011). This book, about 500 pages, is published in 20,000
copies and distributed throughout all Italy. In September 2003, in cooperation with the International Organization for Migration (Iom) and the National Council for Economics and Labour (Cnel)
an English edition was also published (Contemporary Migration in Italy. Current trends and future
prospects, Edizioni Nuova Anterem, Rome, September 2003), in occasion of the Italian Presidency semester of the EU.
Since the end of 2002 Idos was chosen by the Ministry of Interior as technical support of the
National Contact Point at the European Migration Network of the European Commission, due to
the capacity to gather and analyze information and data on a national level. Several comparative
studies have been uploaded on the national website www.emnitaly.it and four bilingual reports
have been published: Migration Policies, High qualified workers, Health sector. First Emn Italy
Report, Edizioni Idos, Rome, December 2009; Unaccompanied minor, Assisted return, International protection, Second Emn Italy Report, Edizioni Idos, Rome, March 2010; Labour Market and Migration. Third Emn Italy Report, Edizioni Idos, Rome, November 2010; and the present report (Migration Channels. Visa and Irregular Flows, March 2012). An Italian edition of the Emn Glossary on
Asylum and Migration ha also been recently finalized: Glossario Emn Migrazione e Asilo, Edizioni
Idos, Rome, July 2011. Three bilingual pilot studies have also been edited: The impact of Immigration on Italy’s Society, Emn/Ministry of Interior, Rome, December 2004; Irregular Migration in
Italy, Emn/Ministry of Interior, Rome, December 2005; Return Migration: the Italian case,
Emn/Ministry of Interior, Rome, December 2006.
For the National Council for Economics and Labour (Cnel), Idos implements an immigration
database and produces a yearly report on Indices of territorial integration of immigrants in Italy,
in which, through a system of original indicators and indices, the researchers apply a methodology in order to measure the different levels of social, cultural and employment insertion of foreigners in various regions of Italy. Among the reports uploaded on the website www.cnel.it, the
last output is: Cnel, Indici di integrazione degli immigrati in Italia. VIII Rapporto, Cnel, Rome, February 2012. Within the same field of research, we shall also quote the report referring to the EU
project INTI (bilingual version): Idos Centro Studi e Ricerche, Measuring Integration. The Italian
Case, Edizioni Idos, Rome, March 2008.
For its own initiative or on behalf of other institutions, Idos also carries out research activity on specific issues related to immigration as well as on emigration from Italy. Among these
examples it’s important to remember the annual publications: Rapporto sui Lavoratori di origine
238
FOURTH EMN ITALY REPORT
immigrata negli archivi previdenziali edited for INPS - National Institute for Social Pensions, Edizioni Idos, Rome, May 2011 (since 2005); Rapporto Italiani nel Mondo edited for the Migrantes
Foundation, Edizioni Idos, Rome, June 2011 (since 2006); and the Osservatorio Romano sulle
Migrazioni for Caritas Rome, Edizioni Idos, Roma, December 2011 (since 2007), the latter being
anticipated by a monographic volume: Camera di Commercio e Caritas di Roma, Gli immigrati nell’economia romana: lavoro, imprenditoria, risparmio, rimesse, Camera di Commercio, Rome, August
2003.
There are several monographies: Oim, Caritas di Roma/Dossier Statistico Immigrazione, Archivio dell’immigrazione, L’immagine degli immigrati in Italia. Media, società civile e mondo del lavoro, Edizioni Idos, Rome, April 2005; Caritas Italiana, Dalle consulte e dai consiglieri aggiunti al
diritto di voto, Edizioni Idos, Rome, July 2005; Deutsch Botschaft Rom – Caritas Italiana, Vom Einwanderer zum Mitb rger: Erfahrungen in Deutschland und Italien, Edizioni Idos, Rome, February
2008; Idos Centro Studi e Ricerche, Le condizioni di vita e di lavoro degli immigrati nell’area romana, Edizioni Idos, Roma, July 2008; Ethnoland Foundation, ImmigratImprenditori, Edizioni Idos,
Rome, January 2009; Ministero dell’Interno/Fondo Europeo Integrazione, Immigrazione, regioni e
consigli territoriali per l’immigrazione. I dati fondamentali 2009, Edizioni Idos, Rome, June 2010;
Regione Lazio, Il Lazio nel Mondo. Immigrazione ed Emigrazione 2011, Edizioni Idos, Rome, July
2011; IOM, 1951-2011: Migration in Italy between past and future, Edizioni Idos, Rome, January
2012 (bilingual edition in Italian and English).
Finally, the utmost attention has been paid to the elaboration of monographies aimed at analyzing specific foreign groups: Caritas Italiana – CNEL, Europa. Allargamento a Est e immigrazione,
Edizioni Idos, Rome, June 2004 (published on the occasion of the Eastern enlargement of the EU);
Caritas Italiana, Polonia. Nuovo Paese di Frontiera. Da migranti a comunitari, Edizioni Idos, Rome,
June 2006; Caritas Italiana, Romania. Immigrazione e lavoro in Italia. Problemi e prospettive, Edizioni Idos, Rome, June 2008; Idos Centro studi e ricerche, Gli albanesi in Italia. Conseguenze economiche e sociali dell’immigrazione, Edizioni Idos, Rome, September 2008; Caritas/Migrantes,
America Latina-Italia. Vecchi e nuovi migranti, Edizioni Idos, Rome, September 2009;
Caritas/Migrantes, Africa-Italia. Scenari Migratori, Edizioni Idos, Rome, June 2010; Caritas Italiana/Confederatia Caritas Romania, I romeni in Italia tra rifiuto e accoglienza / Romanii di Italia
intre respingere si acceptare, Edizioni Sinnos/Idos, Rome, March 2010 (bilingual edition in Italian
and Romanian).
The most recent output is a handbook for journalists, edited in collaboration with Lai-momo
Association and sponsored by the Ministry of Labour and Social Affairs through the National Fund
for Integration (Comunicare l’immigrazione. Guida pratica per gli operatori dell’informazione,
Bologna, February 2012). The Handbook provides easily consultable information and quantitative
data and indicators, along with examples of good communication practices. In order to elaborate
the attached “Glossary for a good information”, an extensive use has been made of the EMN Asylum and Migration Glossary, a juridical tool edited by the European Migration Network.
239