Italy: "Immigration policy must be based on human rights principles and not
only on perceived security concerns", says Commissioner Hammarberg
presenting a special report

 

Strasbourg, 29.07.2008 - "Concern about security cannot be the only basis
for immigration policy. Measures now being taken in Italy lack human rights
and humanitarian principles and may spur further xenopohobia,". With these
words, the Council of Europe Commissioner for Human Rights, Thomas
Hammarberg, published a report based on his special visit to Rome 19 and 20
June. The visit took place following a series of anti-Roma and anti-Sinti
protests, which were occasionally very violent, and the rapid adoption or
preparation of legislation, which notably aimed to introduce further
controls of the freedom of movement of Roma and Sinti, the criminalisation
of irregular immigration and additional restrictions on immigration. 

 

The Commissioner voiced strong concern at the "security package" that
appears to target Roma immigrants, and at the declaration of states of
emergency in three Italian regions. "Roma and Sinti are in urgent need of
effective protection of their human rights, including their social rights,
such as the right to adequate housing and to education" he said. "Adopting
the state of emergency and providing greater powers to the "Special
Commissioners" and the police is not the right approach to deal with the
needs of Roma and Sinti populations."  In forwarding his Memorandum today,
the Commissioner expressed his serious concern at the expected extension of
the state of emergency to the whole territory.

 

Mr Hammarberg also criticised the decision to criminalise migrants' entry
and irregular stay. He sees this as a worrying departure from established
international law principles. "These measures may make it more difficult for
refugees to ask for asylum and is likely to result in a further social
stigmatisation and marginalisation of all migrants - including Roma," he
said. 

 

Commissioner Hammarberg also noted with grave concern that Italy had
forcibly returned  migrants to certain countries with proven records of
torture. Referring in particular to the case of a  Tunisian citizen expelled
by order of the Minister of Interior, under the law on emergency measures to
combat terrorism, Mr Hammarberg again opposed such decisions taken on the
basis of diplomatic assurances. He also recalled that when individuals
facing deportation have applied to the European Court of Human Rights,
states must comply with any request by the Court to suspend deportation
pending its examination of the case "The right of individual application is
a cornerstone of the European system of human rights protection." he said.

 

Finally, the Commissioner urged the Italian authorities to proceed promptly
to the establishment of an effective national human rights institution, in
order to reinforce the system of protection in the country.

 

The report has been submitted in draft form to the Italian government which
in turn responded with comments. The full reply from the government is
appended to the final version of the Commissioner's report. It is available
on the Commissioner's website
<http://wcd.coe.int/ViewDoc.jsp?Ref=CommDH(2008)18> 

.

 

./.

Press contact: 

Stefano Montanari, tel: +33 (0)6 61 14 70 37, [EMAIL PROTECTED] 

 

* * *

 

The Commissioner for Human Rights is an independent, non-judicial
institution within the Council of Europe, mandated to promote awareness of,
and respect for, human rights in the 47 member States of the Organisation.
Elected by the Parliamentary Assembly of the Council of Europe, the present
Commissioner, Mr Thomas Hammarberg, took up his function on 1 April 2006.

 

Mariana NITELEA

Directoare

Biroul de Informare al Consiliului Europei la Bucuresti

Strada Alexandru Donici nr.6, sector 2, 020478 Romania

tel: 4021 211 6810, fax: 4021 211 9997

Internet:  <http://www.coe.ro> www.coe.ro

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