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Practical responses
to irregular migration:
the Italian case
Edited by EMN National Contact Point
IDOS Centre of Study and Research
With the support of the Ministry of Interior
Rome, 2012
www.emnitaly.it
2
PRACTICAL RESPONSES
TO IRREGULAR MIGRATION:
THE ITALIAN CASE
Edited by
Raffaele Callia, Marta Giuliani, Zsuzsanna Pasztor,
Franco Pittau, Antonio Ricci
(EMN Italy)
Translated by
Claudia Di Sciullo, Alessandro Fuligni,
Marie Madelene Negulici
Index
1. Introduction 3
2. Policy and legal frame work 8
3. Practical measures 19
3.1. Pre-Entry 19
3.2. Entry 41
3.3. Stay 55
3.4. Pathways out of irregularity 64
3.5. Some costs 71
4. Trans-national cooperation 73
5. Estimates and statistics 79
6. Conclusions 83
7. Statistical annex 85
3
1. INTRODUCTION 1.1. Objectives
1.2. Definitions
1.3. Methodology
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 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
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).
4
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.
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
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/ev-95.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.
5
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
, 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 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
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.
6
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 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
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 third-country 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
Anna Triandafyllidou (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-migrants-in-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.
7
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.
8
2. POLICY AND LEGAL FRAMEWORK IN RELATION TO IRREGULAR MIGRATION
2.1. National policy and legislation towards irregular migration
2.2. Impact of EU Policy and Legislation
2.3. Institutional framework
2.1. National policy and legislation towards irregular migration The approach to irregular migration in Italy. In the context of the ever-growing
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 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
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). 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
9
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 (centre-right,
“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
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 “Turco-Napolitano” 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
Repubblica Italiana, No. 299 of December 22
nd, 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).
10
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 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
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 technical-operational 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.
11
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 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 re-entry,
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»;
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.
12
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 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 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
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.
13
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
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
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”. 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.
14
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.
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 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
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.
15
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”, 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 so-called “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,
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.
16
guidance then transposed in the Court judgment49
.
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 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.
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.
17
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 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».
18
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 - 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
.
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 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.
19
3. PRACTICAL MEASURES TO REDUCE IRREGULAR IMMIGRATION
3.1. Pre-Entry: practical measures undertaken to address irregular migration before the migrant arrives in Italy
3.2. Entry: practical measures undertaken to identify and detect irregular migrants at borders
3.3. Stay: practical measures undertaken to control irregular migration in the Italian territory
3.4. Pathways out of irregularity
3.5. Some costs
3.1. Pre-Entry: practical measures undertaken to address irregular migration before the
migrant arrives in Italy
Introduction
3.1.1 Interventions in third countries: from cooperation to programming
3.1.1.a) Development cooperation: scholarships and development projects on site
3.1.1.b) Awareness campaigns
3.1.1.c) Preferential quotas foreseen for programming entry flows
3.1.1.d) Cooperation in the field of work:
- Agreements on work: training abroad, internships and scholarship
- Training initiatives abroad to promote inclusion in the annual quotas
- Vocational training in Italy and employment services
- Other initiatives in the fieldwork carried out in third Countries
3.1.2 Agreements and police cooperation
Box: from Tunisia to Libya: the evolution of flows and strategies
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.
52
www.lavoro.gov.it/Lavoro/md/AreaSociale/Immigrazione/flussi_migratori.
20
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).
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)
Ranking foreign residents Ranking recipient countries of ODA
Countries Residents Income
classes*
Countries Residents (nr
and ranking
position)
Euros
disbursed
(thousands)
Income
classes *
1. Albania 466,684 3 1. Afghanistan 3.372 (57°) 43,081 1
2. Morocco 431,529 3 2. Ethiopia 8.350 (39°) 36,538 1
3. China R.P. 188,352 3 3. Palestine 494 (97°) 28,038 3
4. Ukraine 174,129 3 4. Albania 466,684 (1°) 24,574 3
5. Philippines 123,584 3 5. Lebanon 3,860 (53°) 17,903 4
6. India 105,863 3 6. Mozambique 301 (107°) 16,688 1
7. Moldova R. 105,600 3 7. Senegal 72,618 (15°) 13,084 1
8. Tunisia 103,678 3 8. Sudan 2,436 (64°) 12,744 1
9. Macedonia 92,847 3 9. Uruguay 1,643 (70°) 8,277 4
10. Peru 87,747 3 10. Jordan 2,638 (60°) 8,207 3
11. Ecuador 85,940 3 11. Iraq 2,547 (61°) 8,000 3
12. Egypt 82,064 3 12. Egypt 82,064 (12°) 6,495 3
13. Sri Lanka 75,343 3 13. Pakistan 64,859 (16°) 6,369 2
14. Bangladesh 73,965 1 14. Yemen 218 (111°) 6,128 1
15. Senegal 72,618 1 15. Somalia 7,728 (40°) 5,452 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
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
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.
21
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 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
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-migrant-women-for-development-
africa. 59
www.italy.iom.int/index.php?option=com_content&task=view&id=136&Itemid=90.
22
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. 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,
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%20Youth%20Migrat
ion%20Intentions.pdf 66
See: www.cissong.org/it/progetti/appoggio-alle-iniziative-di-prevenzione-della.
23
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 unauthorised 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 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 it
started information activities towards Moldovan citizens who intend to apply for an entry visa for
Italy. 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
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.
24
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 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 large-scale 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.
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. 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.
25
ITALY. Flow programming decrees and preferential quotas for non-EU nationals (1996-2011)
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
1. TOTAL FLOW DECREE 23,000 20,000 58,000 58,000 83,000 89,400 79,500 79,500 79,500 99,500 550,000 252,000 230,000 80,000 184,080 60,000
1.1.TOTAL SEASONAL 39,400 60,000 68,500 50,000 45,000 80,000 80,000 80,000 80,000 80,000 60,000
1.2.TOTAL NON-SEASONAL 50,000 19,500 11,000 29,500 54,500 470,000 172,000 150,000 104,080
Total quotas for countries (a + b) 6,000 6,000 17,500 15,000 14,000 3,800 20,400 21,000 38,500 47,600 44,600 53,580
a) of which for specific countries 6,000 6,000 15,000 15,000 10,000 3,600 20,000 20,800 38,000 47,100 44,600 52 ,080
Albania 3,000 3,000 6,000 6,000 3,000 1,000 3,000 3,000 4,500 4,500 4,500 4,500
Algeria 1,000 1,000 1,000
Morocco 1,500 1,500 3,000 1,500 2,000 500 2,500 2,500 4,000 4,500 4,500 4,500
Tunisia 1,500 1,500 3,000 3,000 2,000 600 3,000 3,000 3,500 4,000 4,000 4,000
Somalia 500 100 100 100 100 80
Egypt 1,000 300 1,500 2,000 7,000 8,000 8,000 8,000
Moldova 500 200 1,500 2,000 5,000 6,500 6,500 5,200
Nigeria 500 200 2,000 2,000 1,500 1,500 1,500 1,500
Senegal 1,000 1,000 2,000
Sri Lanka 1,000 500 1,500 1,500 3,000 3,500 3,500 3,500
Bangladesh 300 1,500 1,500 3,000 3,000 3,000 2,400
Pakistan 1,000 1,000 1,000 1,000 1,000 1,000
Philippines 1,500 3,000 5,000 5,000 4,000
Ghana 1,000 1,000 1,000 2,000
India 1,800
Peru 1,800
Ukraine 1,800
Niger 1,000
Gambia 1,000
Reserve 3,000 4,000 2,500 700 1,400 2,500 1,000
b) of which other quotas 0 0 2,500 0 4,000 200 400 200 500 500 0 0 1,500 0
Argentina* 4,000 200 200 500 500
500
Uruguay and Venezuela* 400
26
Brazil*
Libya (autonomous workers pertaining to specific categories) 1,000
Romania (including seasonal work, study and training – employment
conversion and entries for self-
employment)** 2,500
Total sector-based quotas 0 0 3,500 3,500 17,500 8,000 5,500 1,300 3,000 18,500 57,500 94,400 105,400 0 50,500 0
Self-employment 3,500 3,500 2,000 3,000 5,000 800 1,250 1,250 1,500 1,500 1,500
Study – Self-employment conversion 500 1,250 1,250 1,500 1,500 1,500
Domestic work 15,000 45,000 65,000 105,400 30,000
Construction 14,200
Nursing 2,000
Sea fishing 2,500 200
Managers and highly qualified personnel 500 500 500 1,000 1,000 1,000
IT and Communication technologies 3,000
Road Transport 500
Study – work conversion 2,000 3,000 3,000
Apprenticeship (and/or training) –work conversion 2,000 2,500 3,000
Conversion from seasonal work 1,500 4,000
Permit of stay issued by other EU Member State – non-seasonal
employment conversion 1,000
Permit of stay issued by other EU
Member State – self-employment conversion 500
Formation and apprenticeship
programs attended in countries of origin 15,000 2,000 3,500 6,000
Remaining production sectors 30,000
% total quotas for specific countries
out of total quotas 10.3% 10.3% 21.1% 16.8% 17.6% 4.8% 25.7% 21.1% 7.0% 18.9% 19.4% 29.1%
% seasonal workers out of total
workers 44.07% 75.47% 86.16% 62.89% 45.23% 14.55% 31.75% 34.78% 43.46%
27
1996: Decree of the Ministry of Foreign Affairs of December 27th
, 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 non-seasonal 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).
* 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).
SOURCE: EMN Italy. Elaboration on data from the Ministry of Interior and Ministry of Labour and Social Policy
28
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.
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
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.
29
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 course were able to make their entry in Italy) on
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
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.
30
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
.
ITALY. Vocational training courses abroad for workers to be entered in the flows Decree (2007-2009)*
20
07
Country Nigeria Russia Ukraine Moldova Tot
Place
Nitgha (Abia
State)
Rostov Na
Don
Kiev Chisinau
530
Title
Training
course for the
acquisition of
first level
qualification
as Social
worker
(minor field)
Welding
and metal
working
training
course
Chef assistant
training
courses
Project MЯCO for
research, selection
training and
employment in Italy
of Ukrainian workers
specialized in meet
processing industry
Training course in
restaurant industry
field
MASTER
BUILDER.
Vocational
Interventions
aimed at
Moldovan
citizens in the
country of origin
and following
work integration
in construction
companies in the
province of
Como
Target
10 Nigerians
with
educational
qualification
equal to the
Italian high
school
10 Russian
citizens
already in
possess of
proven
expertise in
the field of
welding
20 Ukrainian
citizens
70 Ukrainian
unemployed citizens
who already have
specific skills in the
field
20 Moldovan
citizens
10/12 Moldovan
citizens with at
least two years of
experience in
construction
Country Morocco China Philippines Brazil
Place
Casablanca Casablanca,
Marrakech,
Agadir, Rabat
Huarui Industrial -
Jiangning
Manila Marakanaù
Title
Mig-
Ressources.
Migration
and Return,
Resources for
Development
. II° Phase of
the course for
skilled
migrants
residents in
Morocco and
willing to
immigrate in
Italy
M-EDIL in
Morocco
for the
organization
of a training
course in
construction
Postgraduate
qualifying
Training in
cooking and
Italian
language for
young
graduates
from a Hotel
school in
Morocco
Training and
guidance to a target
Group of Young and
Enterprising Workers
in wood processing
industry
N.O.E.M.I. – New
Opportunities for
non-EU Migrant.
Technical course
for professional
home care aides
M.A.L.T.A. -
Local
Accompanying
Measures for
Acquisition and
Transfer of the
Italian language
and culture
Target 30 highly 10 320 young 10 young Chinese 10 Filipino 10 Brazilian
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.
31
qualified
young
Moroccans
Moroccans
citizens
graduate to
be trained as
professional
cooking chef
assistant
people with average
education and
knowledge of the
Latin alphabet
citizens
citizens having an
average level of
education and
previous
experience in the
field
20
08
Country Albania Peru Ukraine
140
Place Tirana Cayma Arequipa Kiev
Title
Vocational Training Course
in dry masonry for
Construction Worker
Language
course and
vocational
training for
building
contractor for
electrical and
mechanical
maintenance
Vocational Training
Course for metal
workers
Vocational Training Course for metal
workers
Target
20 Adult Albanians 20 Peruvian
citizens
50 Peruvian citizens 50 Ukrainian citizens
20
09
Country Ukraine Moldova India
320
Place Kiev Chisinau New Delhi
Title
Socio-cultural and
Language training course
for specialized engineering
worker
Socio-
cultural and
Language
training
course
(professional
profile
targeted:
building
contractor,
commis de
cuisine,
unqualified
worker,
Body-shop
mechanic)
Socio-cultural and
Language training
course (professional
profile targeted:
domestic staff)
Socio-cultural and
Language training
course
(professional
profile targeted:
welders, machine
tools operator,
warehouse
workers building
contractor)
Socio-cultural
and
Language
training course
(IT operators,
warehouse
workers and
moving goods
operators)
Target
25 Ukrainian citizens 20 Moldovan
citizens
20 Moldovan citizens 20 Moldovan
citizens
15 Indian citizens
Country Ethiopia Peru Nepal China Tunisia
Place
Addis Abeba Cayma
Arequipa
Lima-Italia Zhejiang Province Sousse
Title
Socio-
cultural and
Language
training
course
(professional
profile
targeted:
welders.)
Socio-
cultural and
Language
training
course for
specialized
engineering
worker
Socio-
cultural and
Language
training
course for Peruvian
citizens
willing to
enter Italy for
reasons of
work
Language and socio-
cultural 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
Target
15 Ethiopian
citizens
75 Peruvian
citizens
20 Peruvian
citizens
profile
targeted:
health
operators 20
physical
therapist, 25
social care
operators
15 Nepalese citizens
profile targeted
warehousemen
20 Chinese
citizens to
integrate in
companies
operating in the
textile industry,
furniture,
carpentry,
construction
30 Tunisian
citizens to
integrate as
specialized
engineering
worker
* 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
32
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
.
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, functional 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 euros per year.
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.
33
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 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
th August 2008
with Libya provides for the implementation of 100 scholarships per year in Italy for the benefit of
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.
34
Libyan students91
.
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 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
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/info-614484291.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/info-614484291.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_maro
ni_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.
35
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, 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
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_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_accor
do_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_Nig
er.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.
36
agreement was signed by Gambia105
.
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 residency permits ex
art. 20 of the Consolidated Text, which do not exposes 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 5
th April, with the
extension of a six months-residency 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 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
105
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/comunicati/comunicati_2011/0824_2011_06_3
0_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.
37
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 Italian 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 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
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/000090_2011_03_02_audiz
ione_Tunisia.html_880972224.html. 108
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/000057_2011_05_11_con
segna_motovedette_a_Tunisia.html_1932202371.html;www.interno.it/mininterno/export/sites/default/it/sezioni/sala_sta
mpa/notizie/immigrazione/000065_2011_04_12_Audizione_Maroni_Commissione_Camera.html_1728265668.html;w
ww.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/000073_2011_04_06_accord
o_Italia-Tunisia.html_631041341.html.
38
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
.
3.1. Synoptic evaluation of measures to prevent irregular immigration
Title of the measure
Users:
Type
~
Number
Geographical
Impact
~
Time
Effectiveness *
~
Innovativeness**
Learnt lesson (a)
~
Suggestions for the policy-makers (b)
Ministry of Foreign Affairs
Scholarships for the
benefits of Developing
Countries
Young People
~
Tens
Developing
Countries
~
Place
High
~
Traditional
(a) Opportunity to promote knowledge
as a tool for accurate information.
(b) Increase bilateral socio-cultural
exchanges, despite the constraints of
the budget.
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
(a) Enhancement of potential given by
the return through development
cooperation.
(b) Involve more the NGOs and
economic operators.
IDOM campaign in Egypt
(Information Dissemination
on Migration)
Society
~
Millions
Egypt
~
Immediate
High
~
Experimental
(a) Enhancement of involvement of
local civil society (NGOs and the
Egyptian media).
(b) Push local stakeholders to convey
information.
Campaign promoting “Safe
Migration and Positive
Alternatives for Egyptian
Youth”
Young People
~
Millions
Egypt
~
Immediate
High
~
Experimental
(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.
Campaign promoting
“Support for tackling and
preventing the migration of
unaccompanied minors” in
Morocco
Unaccompanied
minors
~
Hundreds
Morocco
(regions of
Chaouia-
Ourdigha,
Tanger-
Tétouan
e Oriental)
~
Immediate
High
~
Experimental
(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.
Information Programme
for Albania
Society
~
Million
Albania
~
Immediate
High
~
Traditional
(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.
Campaign promoting
“Information campaign on
risks of irregular stay of
Moldovan in Italy”
Society
~
Million
Moldavia
~
Immediate
High
~
Traditional
(a) Support local partnerships (media,
church).
(b) Involving immigrant associations in
Italy and public institutions on both
sides.
Office of information on
migration and social
services (Patronage Acli)
Potential migrants
~
Thousand
17 Countries
~
Immediate
High
~
Traditional
(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.
Campaign on immigration Young People Kosovo High (a) Importance of reaching young
109
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/0000090_2011_7_22_inc
ontro_Maroni_con_Ali_Al-Isawi.html_1084908927.html; www.interno.it/minin
terno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/0999_2011_05_27_incontro_Viale_Hammarberg.
html_427104638.html.
39
paths in Kosovo ~
Thousand
~
Immediate
~
Experimental
people in innovative ways also at the
regional level.
(b) Need to promote regular
information on immigration through
local structures.
Project of capacity building
in Ukraine
Family
~
Thousand
Ukraine
~
Medium
Medium
~
Traditional
(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.
Preferential quotas of entry
in the programming of
flows
Potential migrants
~
Thousand
Several
countries
(Egypt,
Albania,
Morocco, etc.)
~
Immediate
Alta
~
Traditional
(a) Rewarding countries that are
committed to reducing irregular
immigration and promote managed
migration.
(b) making these lane more flexible
and effective.
Bilateral agreements on
working Issues
Potential migrants
~
Thousand
Egypt,
Morocco,
Moldavia,
Albania (dal
2011)
~
Medium
Alta
~
Traditional
(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.
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
(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).
Annual quota for
vocational training in Italy
Young People
~
Hundreds
Several
countries
~
Immediate
Medium
~
Traditional
(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.
Piattaforma Flexi – a web-
based system
Potential migrants
~
Hundreds
Egypt,
Tunisia,
Ghana, Libya,
Senegal,
Nigeria
~
Medium
High
~
Experimental
(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.
Project “IMIS Plus -
Integrated Migration
Information System” in
Egypt
Potential migrants
~
Dozens
Egypt
~
Medium
High
~
Traditional
(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.
International mobility
Project in Egypt
Potential migrants
~
Dozens
Egypt
~
Medium
High
~
Traditional
(a) Importance of vocational training
and language training to be acquired
prior to departure.
(b) Assumptions recommended for
specialized fields.
“Migration and Return
Project - Resources for
development” in Morocco
Potential migrants
~
Dozens
Morocco
~
Medium
High
~
Experimental
(a) Importance of the integration of
migrants associated with the
enhancement of their financial
transfers, including through on-site
development projects.
40
(b) Changeling objective extendible to
future projects but also on single
aspects.
Agreements and police
cooperation
Police Officers
~
Dozens
Several
countries
~
Immediate
High
~
Traditional
(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
41
3.2. Entry: practical measures undertaken to identify and detect irregular migrants at
borders
Introduction
3.2.1. Sea border control
3.2.1.a) Use of technology
3.2.1.b) Cooperation between Member States with regard to refusal of entry
3.2.2 Air border control
3.2.2.a) Ratification of the Treaty of Prüm
3.2.2.b) Flow analysis of Malpensa airport (Milan)
3.2.3 Sale and forgery of documents
3.2.3.a) Provisions of the Consolidated Act on immigration
3.2.3.b) Business visa abroad
3.2.3.c) Operations conducted by the Police in Italy
Box: The Chinese case
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 Travellers % Reason for the visit Travellers %
personal reasons 58,247 80.3 --purchases, shopping 9,936 13.7
- holiday 36,826 50.8 -- other 1,728 2.4
- study, courses 1,125 1.5 reason for work/business 14,293 19.7
- religious grounds 133 0.2 - seasonal and boarder workers 848 1.2
- medical treatment, spa 226 0.3 - other reasons for work 13,445 18.5
- honey moon 126 0.2 -- of which conferences and
congresses
1,067 1.5
- other personal reasons 19,810 27.3 -- of which other reasons 12,378 17.0
-- of which visiting relatives 5,119 7.0
-- of which visiting friends 3,027 4.2 Total 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, African from Sub-Saharan Countries and Asian 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 27
th
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.
42
September 2011 rose to 16,566112
.
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 Control
3.2.1.a) Use of technology113
Exercising 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 analysed 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 euros. 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
whorehouse 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 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
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
www.interno.it/mininterno/export/sites/default/it/assets/files/20/0643_fondo_europeo_frontiere_programma_2010.pd
f. 116
www.interno.it/mininterno/export/sites/default/it/assets/files/21/0365_programma_annuale_2011.pdf.
43
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. To be precise it is about 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 system command, control,
communications, computer and information (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
.
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 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
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¶m=n4-11155 # 11155. 119
EMN Italy (ed), Annual Policy Report 2010, Idos, Rome, 2011. See: www.emnitaly.it/rs-24.htm.
44
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
(EPN-Hera, 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 co-ordination 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 the deployment of naval and air units
as well as sending 30 experts to provide assistance in identifying the nationality of the migrants,
prevent criminal activity under the EU‟s external borders, organizing return operations, collaborate
with the Italian authorities in development of risk analysis123
.
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
120
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/00916_2010_04_12_verti
ce_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_Ital
ia_Francia.html_631041341.html.
45
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, 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 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 analyse the passenger paper lists. At the same time it should be borne in
126
SEA, Aeroporti di Milano e i controlli sull’immigrazione irregolare: pratiche e buone prassi, Milano, 2010.
46
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 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 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.
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
47
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 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
.
ITALY. Milano Malpensa Airport. Data on irregular traffic (2004-2009)
2004 2005 2006 2007 2008* 2009 2004-2009
False documents track down 231 187 172 202 130 213 1,135
Refusal of entry . 3,633 3,986 2,750 1,401 784 12,554
Dublin Case (Malpensa) . 68 87 138 192 457 942
Dublin Case (Italy) . . 905 1,021 1,304 - 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.
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 kinds 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 add 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 re-entry 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 concerning the
act or part of the act attests to be false 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
127
www.cubmalpensa.it/index.php/lavoratori-stranieri/513-immigrazione-irregolarepresentazione-dello-studio-
promosso-da-sea.html;
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/00849_2010_07_05_malpe
nsa_convegno.html_1728265669.html.
48
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 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
memorising computerised 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, 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 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 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
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.
49
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 an 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 of irregular immigrants concerned with the falsification of
visas or other documents.
“Pass-makers” operation (2002) led to the identification of a criminal 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
130
www.poliziadistato.it/articolo/11743-Operazione_Pass_Makers/. 131
www.poliziadistato.it/articolo/view/12961/.
50
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 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
from Trentino and sent it to Morocco, where it was bought for a sum between 5,000 and 7,000
euros. 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 professionals. The reward required for a false
residence permit could vary from 3 to 6 thousand euros. 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-
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/.
51
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 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
unauthorised 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 application forms for foreigners‟ recruitment which 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,
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/.
52
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 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 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, they
were mainly foreigner of Filipino and Chinese citizenship144
.
Moreover in Italy there is a thriving market for international permits and bogus driving
licenses, obtained with few hundred euros 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
Romanians, Albanians, 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
142
www.poliziadistato.it/articolo/view/22113/. 143
www.poliziadistato.it/articolo/view/22913/. 144
www.poliziadistato.it/articolo/view/23041/. 145
http://blog.panorama.it/italia/2009/05/21/allarme-sicurezza-aumentano-le-patenti-false-tra-gli-stranieri/.
53
action of the Guarantee Fund for victims of road146
.
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, 2011
147.
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)
dl.gs
286/98 2004 2005 2006 2007 2008 2009 2010
Failure to comply the rules on the
residence
art. 5 13 32 24 19 30 89 62
art. 6 722 1,662 1,616 1,840 2,135 1,963 1,397
Irregular entry and residence
art. 10
bis - - - - - 798 1,459
Organisation of irregular
immigration art. 12 365 934 722 892 881 849 686
Removal order art. 13 19 53 51 88 56 7 11
Enforcement measure art. 14 98 342 644 1,291 1,535 1,394 1,215
Violation of provision related to
subordinate employment art. 22 219 503 417 425 378 289 217
Violation of provision related to
seasonal workers art. 24 1 4 3 3 1 6 4
Total - 1,437 3,530 3,477 4,558 5,016 5,395 5,051
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
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
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.
54
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
Title of the measure
Users:
Type
~
Number
Geographical
Impact
~
Time
Effectiveness*
~
Innovativeness**
Learned lessons (a)
~
Suggestions for the policy-makers (b)
European External Borders
Found (2010/2011)
Member
States
~
27
UE
~ Immediate
High
~
Traditional
(a) The importance of technology and
training for border control activities.
(b) Reinforcing control with preventive
action.
Cooperation between Member
States with regard to refusal of
entry (Frontex, Eurosur,
Bluemassmad, etc.)
Member
States
~
27
UE
~
Immediate
High
~ Traditional
a) Opportunity to coordinate the controls.
(b)Taking into account that the
strengthening of regular migration flows
relieves the pressure on border.
Ratification of the Treaty of
Prüm (air border)
Member
States
~
27
Italy
~
Immediate
High
~
Experimental
(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.
Tackling the forgery and sale of
identity documents and travel
documentation
Traficant
~
Thousands
Italy
~
Immediate
High
~
Traditional
(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
55
3.3. Stay: practical measures undertaken to control irregular migration in the Italian territory
3.3.1. Readmission agreements
3.3.2. Irregular immigrants: tightening up the rules set by the “security package”
3.3.3. Tackling undeclared work, an incubator of rule-breaking
3.3.3.a. New legislative provisions
3.3.3.b. Inspection activities and vocational training courses
3.3.3.c. The action of the police forces and of the judiciary
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
.
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_R
impatriati_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.
56
ITALY. Charter flights organised for the return of non-EU citizens (2009-Sept. 2011)
2009 2010 2011
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
Nigeria (b) 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
Algeria, Morocco, Nigeria 52 Nigeria (e) 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 Tunisia 600
Morocco, Tunisia, Nigeria 27 Tunisia 604
Morocco, Algeria, Nigeria 22 Tunisia, Algeria, Morocco 115
n.a. 31
Egypt 11
141 1,319
August Egypt, Morocco 26 Tunisia, Algeria, Morocco 111
Algeria, Nigeria 32
Tunisia, Morocco 34
Tunisia, Morocco, Egypt 39
131 111
July Algeria, Morocco, Tunisia 70 Tunisia, Algeria, Morocco 42 Tunisia, Algeria, Morocco 64
Algeria, Morocco, Tunisia 58 Egypt 61 Tunisia, Morocco, Algeria 101
Morocco, Nigeria, Algeria 40 Tunisia, Algeria, Nigeria 51 Egypt, Tunisia, Nigeria 106
Tunisia, Algeria 33 Egypt 65 Egypt 40
Algeria, Morocco, Gambia 70 Tunisia, Morocco, Algeria 49 Egypt 47
Morocco, Tunisia, Nigeria 21 Tunisia, Egypt, Algeria 80
Algeria, Morocco, Nigeria 32 Tunisia, Egypt, Nigeria 59
271 321 497
June Algeria, Morocco, Tunisia 63 Egypt 18 Tunisia, Egypt, Morocco 79
Nigeria 34 Morocco, Algeria, Tunisia 39 Tunisia, Egypt, Algeria 78
Algeria, Morocco, Tunisia 74 Algeria, Morocco, Tunisia 36 Egypt 14
Algeria, Tunisia, Gambia 73 Nigeria (d) 33 Tunisia, Morocco, Nigeria 74
Morocco, Tunisia, Egypt 41 Egypt 73
Morocco, Nigeria, Tunisia 23 Egypt 23
244 190 341
May Nigeria, Morocco, Tunisia 68 Morocco, Algeria, Senegal 55 Egypt 25
Morocco, Senegal, Egypt 29 Tunisia, Egypt, Nigeria 78
Morocco, Algeria, Tunisia 40 Nigeria 24
Egypt 23 Tunisia, Morocco, Algeria 86
Morocco, Senegal, Tunisia 36
Morocco, Tunisia, Senegal 39
68 222 213
April Egypt, Algeria 157 Morocco, Tunisia, Nigeria 28 Egypt 40
Morocco, Tunisia, Algeria 41 Nigeria, Egypt, Tunisia 27 Egypt 94
Algeria, Egypt, Nigeria 69 Morocco, Tunisia, Egypt 50 Egypt 20
Morocco, Tunisia, Nigeria 28 Tunisia 300
Egypt 19
Egypt 18
Tunisia, Morocco, Nigeria 51
Egypt, Tunisia, Morocco 107
267 133 649
March** Tunisia, Morocco, Nigeria 53 Morocco, Egypt, Algeria 39
Tunisia, Egypt, Nigeria 85 Morocco, Tunisia, Egypt 41
Tunisia, Algeria, Morocco 108 Nigeria (c) 25
57
Nigeria (a) 32 Egypt, Morocco, Tunisia 45
Tunisia, Algeria, Egypt 90 Morocco, Tunisia, Nigeria 30
368 180
February Tunisia, Algeria 57 Morocco, Tunisia, Senegal 36 Egypt, Morocco, Nigeria 124
Tunisia 107 Algeria, Morocco, Senegal 45
Morocco, Algeria, Egypt 89 Morocco, Nigeria, Tunisia 36 Algeria, Morocco, Senegal 40
Tunisia 120 Morocco, Nigeria, Algeria 29 Algeria 16
373 146 180
January Morocco, Tunisia, Algeria 43 Nigeria, Morocco, Senegal 45
Morocco, Tunisia, Senegal 31 Nigeria (f) 19
Morocco, Tunisia, Algeria 31 Egypt, Morocco, Nigeria 24
Egypt, Morocco, Algeria 24
105 112 (a) joint flight: 32 removed from Italy, 10 from Spain, 4 from Malta, 3 from France, 1 from Cyprus and 1 from Poland. (b) 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.
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;
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 authorises 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
155
For a broader view: EMN Italy (ed.), Annual Policy Report 2010, Idos, Rome, 2011, p.11. See www.emnitaly.it/rs-
24.htm.
58
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‟ 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.
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 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 characterised 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
156
Judgment No 245/2011 of the Constitutional Court. See: www.cortecostituzionale.it.
59
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.
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 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
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.%20definitiva.pdf.
60
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 Euros 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, 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
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/.
61
illegal enrichment. In the course of the “Migrantes” Operation, 20 farms and 200 plots of land
equivalent to 10 million Euros 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 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 euros 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 Bengalese 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
162
www.poliziadistato.it/articolo/18914-Piana_di_Gioia_Tauro_31_arresti_nell_operazione_Migrantes/. 163
www.interno.it/mininterno/export/sites/default/it/sezioni/sala_stampa/notizie/immigrazione/00833_2010_11_10_agru
mi.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.
62
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 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
.
167
www.ilcorrieredellasicurezza.it/articolo.asp?idarticolo=guardia-di-finanza-verona-operazione-landless_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_arrest
o_Butter.html_1932202370.html.
63
3.3. Synoptic evaluation of control measures concerning the stay in Italy
Title of the measure
Users:
Type
~
Number
Geographical
Impact
~
Time
Effectiveness*
~
Innovativeness**
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
(a) High consensus in the entire social
world.
(b) Necessity of insisting on the
inspections to ensure the application of
the new procedures.
Stay permit for reasons of social
protection
Exploited
migrants
~
Thousands
Italy
~
Immediate
High
~ Innovative
(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.
Inspection activities related to
undeclared work
Employers
~
Thousands
Italy
~
Immediate
High
~ Traditional
(a) Necessity of a higher number of
inspectors so as to perform more
widespread investigations.
(b) Higher coordination between the
competent institutions.
RELAR Project
Employees
~
Dozens
Italy (southern
regions)
~
Medium
Medium
~ Traditional
(a) Good prevention effect.
(b) Ensure the connection between
Italy and the country of origin.
Police and Judiciary Actions
Employers
~
Thousands
Italy
~
Immediate
High
~ Traditional
(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
64
3.4. Pathways out of irregularity
Introduction
3.4.1. Regularizations
3.4.2. Assisted voluntary return
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.
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
Approved
applications
Circ. Ministry of Labour 17.12.1979,
8.3.1980, 2.3.1982, 9.9.1982
1980-1982 5,000 5,000
Law 943/1986 and further extensions; from
last Law 81/1988
1986-1988 113,349 105,000
Decree Law 416/1989
converted into Law 39/1990
1990 234,841 222,000
Decree Law 19/1995
converted into Law 617/1996
1995 258,761 246,000
Pres. of Council of Ministers Decree
16.10.1998 and Decree Law 113/1999
1998 250,747 214,000
Law 9.10.2002 no. 222/2002;
Law 30.07.2002 no. 189/2002
2002 704,350 647,000
Decree Law 78/2009
converted into Law no. 102/2009
2009 295,126 230,000*
* provisional data (June 2011).
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
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
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, Idos, Rome, 2010, pp. 112-117.
65
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, 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 30
th 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 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 13
th 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
66
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 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.
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 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.
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.
67
Regularization applications in Italy (1980-2009)
Regularization 1980-1982 1986 1990 1995 1998 2002 2009
Reference Law Ministry of
Labour
Circ.
17.12.197,
8.3.1980,
2.3.1982,
9.9.1982
Law
943/1986
and further
extensions;
from last
Law
81/1988
Decr.
Law
416/1989
converted
into Law
39/1990
Decr.
Law
19/1995
converted
into Law
617/1996
Pres.
Decree
Council of
Ministers
16.10.199
8 and Leg.
Decree
113/1999
Law
9.10.2002
no.
222/2002;
Law
30.07.200
2 no.
189/2002
Law
03.08.2009
no.
102/2009
Immigrant residents 331,665 450,227 490,338 729,159 1,090,820 1,512,324 3,587,653
of which
communitarian 113,069 156,878 128,923 122,185 142,128 154,076 -
Submitted applications 5,000 113,349 234,841 258,761 250,747 704,350 295,126
Requests for regional area
North West n.a. 27.0% 24.4% 30.7% 36.2% 33.3% 37.4%
North East n.a. 12.8% 13.6% 13.6% 14.4% 18.8% 18.1%
Centre n.a. 31.9% 32.3% 29.6% 29.8% 29.0% 21.7%
South n.a. 16.1% 13.0% 18.5% 14.6% 15.9% 18.0%
Islands n.a. 12.2% 16.7% 7.6% 5.0% 3.0% 4.8%
Requests for origin geographic area
Africa n.a. 49.1% 49.4% 40.2% 34.1% 17.2% 29.7%
of which North Africa n.a. 32.6% 32.6% 25.1% 18.1% 12.3% 20.6%
Asia n.a. 24.8% 32.3% 25.5% 24.1% 13.6% 32.1%
Eastern Europe n.a. 7.5% 7.5% 24.7% 37.1% 58.9% 28.0%
Latin America n.a. 4.5% 4.5% 9.4% 4.4% 10.3% 10.0%
First 5 nationalities
n.a. Morocco Morocco Morocco Albania Romania Ukraine
n.a. 18.3% 22.9% 13.7% 18.0% 20.4% 12.6%
n.a. Sri Lanka Tunisia Albania Romania Ukraine Morocco
n.a. 9.9% 11.7% 12.7% 11.1% 15.2% 12.2%
n.a. Philippines Senegal Philippines Morocco Albania Moldavia
n.a. 9.0% 7.8% 7.8% 11.0% 7.9% 8.7%
n.a. Tunisia Yugoslavia China China Morocco China
n.a. 8.4% 5.2% 6.2% 7.7% 7.8% 7.4%
n.a. Senegal Philippines Romania Senegal Ecuador Bangladesh
n.a. 7.1% 4.0% 4.6% 4.9% 5.2% 6.3%
Positive outcome 5,000 105,000 222,000 246,000 217,000 647,000 230,000*
% positive outcome 100.0% 92.9% 94.9% 95.0% 86.8% 92.3% 77.8%
*Temporary data
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
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.
68
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 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 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
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.
69
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) co-financed 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 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 analysed. 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
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.
70
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
Title of the measure
Users:
Type
~
Number
Geographical
Impact
~
Time
Effectiveness *
~
Innovativeness**
Learnt lesson (a)
~
Suggestions for the policy-makers (b)
Regularizations
Irregular
migrants and
employers
~
Hundreds of
thousands
Third countries
~
Immediate
High
~
Traditional
(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.
Assisted voluntary return
Migrants in a
difficult
situation
~
Hundreds
Third countries
~
Immediate
High
~
Traditional
(a) Low effectiveness in the recent past
for the lack of inclusion of regular
immigrants.
(b) Perspectives to strengthen
according to available resources.
* 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
71
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
.
ITALY. State Budget on Immigration (2009-2012)
(absolute values
in thousand euros)
2009 settled 2010 2011 2012
a.v. % a.v. % a.v. % a.v. %
Rights grant and
interventions for social
cohesion development
Current 300,485 21.5 323,499 20.5 314,251 21.4 349,029 23.6
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 flows
Current 57,880 4.1 44,364 2.8 42,784 2.9 42,952 2.9
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
religion communities
Current 991,641 70.8 1,080,134 68.4 1,079,884 73.6 1,079,852 72.9
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
working reasons and
social integration
policies
Current 3,728 0.3 1,899 0.1 1,859 0.1 1,859 0.1
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
Total amount
Current 1,353,734 96.7 1,449,897 91.8 1,438,778 98.1 1,473,694 99.5
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
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.
72
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 program
186.
186
www.retenirva.it/Materiali/RVA-ORIENTAMENTI-PER-I-MEDIA.pdf.
73
4. TRANS-NATIONAL COOPERATION IN REDUCING IRREGULAR MIGRATION
4.1. Cooperation Agreements
4.2. Cooperation with EU and international organizations
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 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
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.
74
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.
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 cross-border police cooperation in combating terrorism and to
combat irregular migration192
, is an important achievement for the Italian legislation related to
irregular immigration.
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).
75
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 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
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” 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:
76
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 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 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
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.
77
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 “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
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.
78
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.
79
5. ESTIMATES AND STATISTICS ON THE IRREGULAR MIGRANT POPULATION
5.1 Introduction to the estimate of the total number of irregular aliens
5.2 National statistics (Eurostat) related to irregular migration
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 2007 2008 2009 2010
Refusals at the borders 41,058 43,795 27,397 24,528 23,878 20,547 11,099 6,358 4,298 4,201
Removals/Repatriations 34,390 44,706 37,756 35,437 30,428 24,902 15,680 17,880 14,063 16,086
Tot. persons removed 75,448 88,501 65,153 59,965 54,306 45,449 26,779 24,238 18,361 20,287
Non compliant 58,207 61,282 40,586 45,697 65,617 78,934 47,983 46,391 34,462 30,430
Tot. Involved 133,655 149,783 105,739 105,662 119,923 124,383 74,762 70,629 52,823 50,717
% removed on involved 56.4 59.1 61.6 56.8 45.3 36.5 35.8 34.3 34.7 40.0
SOURCE: EMN Italy. Elaboration on data from the Ministry of the Interior
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 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
80
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 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 (Eurostat) 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, there are 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%, naval 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,
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.
81
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).
ITALY. Third country nationals found to be illegally present and ordered to leave
Countries 2008 2009 2010 Var % %F minors 2010
compliant
%
Total 68,175 53,440 46,995 31.1 8.8 0 7,140 10.5
Morocco 11,520 9,450 7,900 31.4 1.4 20 745 6.5
Tunisia 7,860 8,175 5,160 34.4 0.6 30 385 4.9
Nigeria 4,045 3,370 3,965 2.0 29.0 10 195 4.8
Senegal 4,190 3,800 3,250 22.4 1.5 35 105 2.5
Albania 3,635 2,875 2,820 22.5 4.4 0 1,000 27.3
China 4,150 3,460 2,965 28.6 31.1 0 120 2.9
Egypt 4,245 3,170 2,720 36.1 0.2 35 450 10.6
Bangladesh 1,900 1,600 1,230 35.3 0.0 0 25 1.3
Ukraine 2,090 1,480 1,460 30.1 29.4 0 330 15.8
Moldova 2,230 1,485 1,110 50.2 11.7 0 240 10.8
Algeria 1,790 1,335 1,420 20.7 0.4 35 165 9.2
Brazil 1,105 890 1,010 9.6 15.8 0 155 14.0
India 2,570 1,480 1,260 51 0.4 0 70 2.7
SOURCE: EMN Italy. Elaboration on data from Eurostat
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 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
82
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, that 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 Italian-Libyan
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;
-501-1000 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 (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.
83
5. 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 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 devastating 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 regularly
settled in Italy, there is a growing disappointment with the fact that the contrast policies always find
the 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
84
fake documents, using increasingly sophisticated falsification techniques, are not always easy to
detect. For a decade now, 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 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.
85
STATISTICAL ANNEX
Table 1: Third country nationals found to be illegally present
Table 1.1: Overall trend (2008-2010)
2008 2009 2010
Total number of third-country nationals found to
be illegally present
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 2010
Fewer than 14 years 0 0 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
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 1.3: Sex of migrant found to be illegally present (2008-2010)
2008 2009 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 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
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
10th main Ukraine 2,090 India 1,480 India 1,260
SOURCE: EMN Italy. Elaborations on Eurostat data
86
Table 2: Third country nationals refused entry at the external borders
Table 2.1: Overall trend (2008-2010)
2008 2009 2010
Total number of third-country nationals
refused entry 6,405 3,700 4,215
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 2.2: Grounds for refusal (2008-2010)
2008 2009 2010
No valid travel document 1,745 545 545
False/counterfeit/forged travel document 835 565 390
No valid visa or residence permit 1,675 830 880
False visa or residence permit 210 180 210
Purpose and conditions of stay not justified 1,230 1,030 1,180
Person already stayed 3 months in a 6-months
period 40 40 70
No sufficient means of subsistence 120 95 115
An alert has been issued 515 410 800
Person considered to be a public threat 30 5 25
Total 6,405 3,700 4,215
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 2.3: Type of border where refused entry (2008-2010)
2008 2009 2010
Land 1,820 : :
Sea 1,445 1,190 1,270
Air 3,135 2,510 2,945
Total 6,405 3,700 4,215
SOURCE: EMN Italy. Elaborations on Eurostat data
87
Table 2.4: Main 10 countries of citizenship of third-country nationals refused entry (2008-2010)
2008 2009 2010
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
10th main Paraguay 195 Senegal 115 Algeria 115
SOURCE: EMN Italy. Elaborations on Eurostat data
88
Table 3: Third country nationals ordered to leave (after being found illegally present)
Table 3.1: Overall trend (2008-2010)
2008 2009 2010
Total number of third-country
nationals ordered to leave (after being
found to be illegally present)
68,175 53,440 46,955
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 3.2: Main 10 countries of citizenship of ordered to leave (2008-2010)
2008 2009 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
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
10th main Ukraine 2,090 India 1,480 India 1,260
SOURCE: EMN Italy. Elaborations on Eurostat data
89
Table 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
7,140 5,315 4,890
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 4.2: Main 10 countries of citizenship of person returned (2008-2010)
2008 2009 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
1st main Albania 1,215 Albania 1,085 Albania 1,000
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 145 Brazil 155
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 4.3: Main 10 countries to which third-country nationals are returned following an order to leave (2008-2010)
2008 2009 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
1st main Albania 1,215 Albania 1,085 Albania 1,000
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 145 Brazil 155
SOURCE: EMN Italy. Elaborations on Eurostat data
90
Table 5: Third country nationals whose application for asylum has been rejected
Table 5.1: Overall trend (2008-2010)
2008 2009 2010
Total number of third
country nationals whose
application for asylum has
been rejected ,,,
in the first instance
10,485 13,950 7,015
following a final
decision 30 1,475 1,260
SOURCE: EMN Italy. Elaborations on Eurostat data
Table 5.2: Sex of rejected asylum applicants (2008-2010)
2008 2009 2010
Applications rejected in the first
instance
Male 8,980 11,220 4,990
Female 1,505 2,730 2,025
Unknown 0 0 0
Total 10,485 13,950 7,015
Applications rejected following a final
decision
Male 30 1,270 955
Female 5 205 300
Unknown 0 0 0
Total 30 1,475 1,260
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 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
1st main Nigeria 2,730 Nigeria 4,925 Nigeria 1,625
2nd main Ghana 1,070 Ghana 1,095 Ghana 505
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 310 Montenegro 180
SOURCE: EMN Italy. Elaborations on Eurostat data
91
Table 5.3b: Main 10 countries of citizenship of applicants whose application has been rejected following a final decision
(2008-2010)
2008 2009 2010
Position Country of citizenship Total Country of citizenship Total Country of
citizenship Total
1st main Bangladesh 15 Nigeria 490 Nigeria 580
2nd main Ghana 5 Ghana 295 Ghana 110
3rd main 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
92
Table 6: Third country nationals whose status has been withdrawn (following a final decision)
Table 6.1: Overall trend (2008-2010)
2008 2009 2010
Total number of third country
nationals whose status has been
withdrawn
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 2010
Position Country of citizenship Total Country of citizenship Total Country of citizenship Total
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
