Tag Archives: ASGI

Il Diritto alla Protezione- Study on the state of the asylum system in Italy and proposals for its development

ASGI has issued a comprehensive study on the state of asylum in Italy focusing primarily on the 2008-2010 period.   The 400+ page report is in Italian, but its last Chapter, ”Final Considerations and Proposals for the Future of the Right of Asylum in Italy”, is written in English.

Excerpts from the announcement on the ASGI web site (Google translation):  “The research ‘The Right to Protection’  is a comprehensive study on the state of asylum in Italy, whose realization was made ​​possible by funding from a project of the European Refugee Fund 2008-2013, … produced by ASGI (leader), together with AICCRE (Associazione Italiana per il Consiglio dei Comuni e Regioni d’Europa), Caritas Italiana, Communitas Onlus, Ce.S.Pi. (Centro Studi politiche internazionali).

Research through the development and the intersection of many national and regional level data, as well as through meetings with a large number of witnesses between institutional actors and associations (over 300) has attempted to fill, at least partially, the gap in studies on the issue of asylum seekers in our country…

The multidisciplinary composition of the research team has made ​​it possible to combine the legal analysis of EU and national legislation, practices and application of the prevailing case law, by giving itself the objective sociological analysis to identify major problem areas is the examination procedure of asylum applications that the system of reception of asylum seekers and beneficiaries of international protection and humanitarian assistance, photographing the actual ‘health’” of the asylum system as a whole.

The research took as a reference span the period between 2008 (taking the news as a watershed in terms of reception introduced by Legislative Decree 25/08 and Legislative Decree 159/08) and the end of 2010, so you can draw an overall picture of the Italian asylum system in the crucial years of its evolution.

On the other hand, the tumultuous events that marked the political and social life of the Maghreb in 2011 have produced these effects in our country to make some essential supplement to the initial plan of research: therefore were then taken into consideration also the changes introduced in first half of 2011…

Each chapter of the report concludes with a section devoted to the display of detailed legislative proposals for overcoming the problems encountered in the more or less serious topic on which the chapter.

The reform proposals are divided into interventions that can be made ​​to existing legislation, practice and correcting erroneous applications and proposals for amending the primary rule or regulation.

Of particular significance is the chapter 13, of which the following chapter 14 is translated into English, which describes the main proposals contained in the various chapters, especially in light of proposals concerning the recasting of European directives and procedures as well as the Dublin Regulation II and offers a course of reform of the asylum in Italy, and the hospitality trade in particular, divided into ‘short-term actions’ and ‘medium-term actions.’”

Click here for Report. (IT) (Except for final Chapter 14 which is EN)

Click here for link to ASGI statement regarding Report. (IT)


Filed under Analysis, Data / Stats, European Union, Italy, Reports

Statewatch Analysis: The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states

Statewatch released an Analysis by Yasha Maccanico entitled “The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states.”  The Analysis provides a description of Italy’s responses to the migrant arrivals in 2011 caused by the unrest in North Africa.

Excerpts:  “The ‘crisis’ reveals questionable practices and routine abuses – The measures adopted in response to the increasing number of migrants arriving from north African countries serve to highlight a number of practices that have become commonplace in Italy in recent years.

The first of these is a widening of the concept of ‘emergency.’ Calling an emergency gives the government a wider remit to derogate from specified laws so as to resolve situations that cannot be dealt with through ordinary measures….

Although the situation in north Africa was worrying, the emergency was called when slightly over 5,000 migrants had arrived. An analysis by Massimiliano Vrenna and Francesca Biondi Dal Monte for ASGI notes that the government has repeatedly called and extended states of emergency since 2002 to deal with immigration, which is treated as though it were a “natural calamity” even when there is a wholly predictable influx of people from third countries. The urgent need specified in decrees declaring a state of emergency is to conduct ‘activities to counter the exceptional – later referred to as massive – influx of immigrants on Italian territory’ (as happened on 11 December 2002, 7 November 2003, 23 December 2004, 28 October 2005, 16 March 2007, 31 December 2007, 14 February 2008 for Sicily, Calabria and Apulia and was extended to the whole nation on 25 July 2008 and 19 November 2009), stemming from a prime ministerial decree of 20 March 2002. Thus, Vrenna and Biondi Dal Monte’s observation that the emergency is ‘structural’ appears well-founded. It has serious repercussions for the treatment of migrants (see below) and the awarding of contracts outside of normal procedures, with the involvement of the civil protection department whose competencies have been expanding considerably.

The second practice involves the expulsion, refoulement or deportation of migrants outside the limits and procedures established by legislation for this purpose. The failure to identify people, to issue formal decisions on an individual basis to refuse them entry or expel them, or to give them the opportunity to apply for asylum or other forms of protection, was a key concern when boats were intercepted at sea and either the vessels or their passengers were taken back to Libya between May and September 2009, when 1,329 people were returned. These rights were also denied to people arriving from Egypt and Tunisia in application of readmission agreements in the framework of the fight against illegal migration. Their presumed nationality was deemed sufficient to enact expulsions to these countries, because ongoing cooperation and good relations with Italy appeared sufficient to indicate that they were not in need of protection, regardless of the situation in their home countries. ….

The third practice is the ill-treatment of migrants held in detention centres. Without dealing with this issue in depth, it is worth noting that what could be viewed as arbitrary detention is occurring on a large scale, in the absence of formal measures decreeing detention and without the possibility of appealing against decisions. In fact, after landing, migrants are summarily identified as either ‘illegal’ migrants or asylum seekers, largely on the basis of their nationality….”

Click here for Analysis.

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Filed under Analysis, Egypt, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia