Solidarity and Illegal Migration to Italy

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    Introduction

    The phenomenon of global migration is one of the constants in the history of

    humanity that brings about transformation and development to society. Man's freedom of

    movement is an essential aspect of his social nature and a fundamental right. In this way,

    man realizes his self-autonomy and self-development. Space (physical) is vital for his

    growth and development. Migration is one of the concrete expressions of this freedom.

    In general, migration is defined as the movement of people from one place to

    another across states and/or across nations for various motives such as for pleasure,

    studies, political (voluntary or involuntary), and economic (a major cause of mass

    migration from the developing nations). The phenomenon of globalization in general,

    widens opportunities for migration (pull factors) but at the same time triggers mass

    migration (push factor). At the turn of the 19th century up to the present, mass migration

    is a common phenomenon, and often times seen as a social problem rather than as an

    instrument for socio-economic and political development. It occupies now in the limelight

    of international concerns of the States and the Church. The Pontifical Council for the

    Pastoral Care of Migrants and Itinerant People during its celebration of the jubilee year

    for migrants and refugees describes migration as an expression of the violation of the

    primary human right to live in one's own country.1 It views migration from its push

    factor perspective with a sense of urgency and a consistent call for an immediate response

    in particular to irregular immigration.

    It is in this context, that this paper will deal with the concerns of irregular

    immigrants in Italy, on how does the political community (state) and the Church confront

    the problem of irregular immigration. First, it will present a brief historical sketch of

    immigration and its legislation in Italy which is an attractive place for migration and

    human trafficking. Secondly, it will present the idea of solidarity in the light of the social

    thought of Pope John Paul II as a principle of action in responding to the concern of

    irregular immigration. Lastly, it will attempt to propose some principles of actions based

    on solidarity to confront the growing concern of irregular immigration in Italy.

    The Phenomenon of Irregular Migration to Italy

    Italy is known to be an emigration country, as one of the largest labor exporting

    country in Europe until its fast economic recovery in the '60s that made it as one of the

    1 PONTIFICAL COUNCIL FOR THE PASTORAL CARE OF MIGRANTS AND ITINERANTPEOPLE, The Solidarity of the Church with Migrants and Itinerant People, Rome: 1-3 June 2000, p. 22.

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    most preferred destination country of migrants. The transition of Italy to an immigration

    country is caused by several factors such as the restriction of borders of the former

    immigration countries in western Europe, the demand of external labor in the informal

    sector, manufacturing industry and agriculture, and the growing reluctance of young

    Italians of working age to assume the task in the service and unskilled (does not requirehigh degree and profession) labor sector.

    According to the calculation of the Caritas/Migrantes as cited by the European

    Migration Network (EMN), in 1970 there were 143,838 immigrants legally residing in

    Italy. Over the next three decades the number reaches to 1,388,153.2 From 2000 up to

    2009 with a consistent growth rate, the figure reaches up to approximately 4,500,000 units

    (53,6% from Europe, 22,4% from Africa, 15,8% from Asia and 8,1% from the America). 3

    The upsurge of migration to Italy is caused by several factors both external and internal.

    Recent studies described the immigration pattern in Italy as the Mediterranean model of

    immigration which is characterized by the following indicators:

    the consistent use of immigrants in seasonal agricultural work and in the service

    sector, especially in the area of domestic services and assistance to persons; a highly

    segmented labor market; the presence of an irregular immigration component; the

    initial absence of immigration regulations and the subsequent adoption of prudent

    migration policies; and reduced access of immigrants to social integration measures,

    even when provided for by legislation [...], a negative demographic trend and the

    growing need for laborers.4

    Looking at these characteristics, the phenomenon of irregular immigration is

    significant. In fact, it created a lot of debates and discussion in the parliament, in the

    media, in the Church, in the academe, and among the ordinary citizens. Irregular

    immigrants are often branded as clandestini, extra-comunitari,rom, undocumented, and

    recently as criminals by the center-right parliamentarians. These identities are often

    tainted with certain prejudices and biases against foreign workers that create more

    confusions. Who are really the irregular immigrants? Who among them deserves

    regularization or expulsion?

    According to Ambrosini, an illegal immigrant is one who traveled covertly, and

    under false pretenses, violating the laws that regulate the entrance to proper border. But

    the great majority of irregular immigrants in Italy are those who fall under the category of

    2 cf. EUROPEAN MIGRATION NETWORK (EMN), The Impact of Migration on Italy's Society, NuovaAnterem, Rome 2004, p. 53., inwww.emnitaly.it/rs-10.htm.

    3 cf. http://www.dossierimmigrazione.it/schede/pres2009.htm.4 EMN, The Impact of Migration , p. 9.

    2

    http://www.emnitaly.it/rs-10.htmhttp://www.emnitaly.it/rs-10.htmhttp://www.emnitaly.it/rs-10.htmhttp://www.emnitaly.it/rs-10.htm
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    overstayers, that is, persons who entered legally in the borders as tourist and remained in

    the territory because they found jobs. Some of them are asylum seekers and political

    refugees. Others are EU citizens with full right to mobility like the Romanians who are

    often prejudiced as criminals and delinquents.5 The situation of irregular immigrants is

    very complex. One needs to distinguish the particular cases and circumstances of theirirregularity. Its irregular nature poses many risks to the safety and protection of the

    fundamental rights of the persons involved. According to the survey on illegal

    immigration to Italy conducted by the University of Bari in 2003 using the sample of 920

    irregular immigrants in the Centers of Temporary Permanence (CPT) as quoted by the

    European Migration Network report, the predominant reasons of migration were

    economic crises (85%), and social conflicts (70%), that they experienced in the previous

    five years prior to migration.6 These people were forced to migrate in order to escape the

    precarious economic and social conditions in their own countries. Their decision to

    migrate is constrained by circumstances and not of a free choice.

    Many of them are exploited such as inhuman working conditions and subjected to

    12 hours of work receiving a meager remuneration. This reminds us of the Rosarno riot. 7

    These people are deprived of their right and freedom of mobility because of their fear of

    being identified and subsequently expelled by the state. Some employers took advantage

    of their vulnerability by profiting from their tax, salary and trade union rights.

    8

    Accordingto Abdelmalek Sayad, a French-Algerian sociologist, as quoted by Parati migrants

    experience a double absence: absent as they are from their country of origin and a familiar

    culture and pushed into a position of erasure and expendability at the margins of the

    country of immigration.9

    The Politics of Migration

    Any policies and norms on migration must be inspired by universal principles of

    human rights. The Universal Declaration of Human Rights (Art. 13 & 14) declares the

    5 cf. AMBROSINI, M., Migranti Irregolari: Politiche, Lavoro, Diritti, in Aggiornamento Sociale 02(2009) p. 112.

    6 cf. AMMENDOLA, C., et. al., (eds.),Irregular Migration in Italy, Resident Third Country Nationals inItaly: State Approaches Towards Them and Their Profile and Social Situation, Nuova Anterem, Rome

    2005, p. 36.

    7 Rosarno is a town of Reggio Calabria in the southern part of Italy wherein hundreds of migrant workers,

    most of them Africans working in the farms and living in an inhuman condition, staged a riot in protest,

    that scores at least 37 wounded, including 18 police officers and 5 migrants last 8 January 2010.

    8 cf. AMMENDOLA, C., et. al., (eds.),Irregular Migration... , pp. 38-40.

    9 PARATI, G., Migration Italy: The Art of Talking Back in a Destination Culture, University of TorontoPress, Toronto, Canada 2005, p. 25.

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    right to migrate. However, the distinction between legal and illegal migrants is not

    defined in international norms. For instance, on the economic and social rights, (UDHR

    Art. 22-23), any person has a right for a decent work and social security regardless of the

    person's legal status.10 It is in this context that I would like to view this brief sketch of the

    politics of migration in Italy.

    During the first wave of migration to Italy in the '70s, there was no yet a clearcut

    legal frame in which foreign workers can either be regularized or expelled. Legislation on

    immigration came later in the mid-'80s due to urgency factors than to a coherent

    migratory policy, embracing the issue of flows and control and the one of integration. 11

    The following are some of the pertinent laws legislated. While most of them were

    amended, the essential elements remained the same up to the present.

    1. Law No. 943/1986 is a progressive legislation that placed the foreign workers with

    a company contract on equal footing with the local workers. Though limited in its

    coverage, it was a good initiative of recognizing their rights as workers.

    2. Martelli Law 39/90 is an attempt to regulate migration in a systematic way aiming

    at regularization and legalization of self-employed workers. This legislation was

    provoked by the influx of asylum seekers from Albania and Yugoslavia to Italy.12

    3. Turco-Napolitano Law 40/98 bares with it a general integration policy in order tocounteract illegal migration and human trafficking.13

    4. Bossi-Fini Law 189/2002 (in effect) replaces the value of cultural pluralism with

    assimilation. This introduces repressive measures against irregular immigrants and

    diverts the budget for integration to border control and expulsion procedures. This

    law bases its regulation of migration on,

    the redefinition of residence permits through the introduction of a residence

    contract, which establishes a close link between employment and residencepermit, restrictive clauses for the long term permit of residence (six years instead

    of five), restrictive right to family reunification (limited to spouse and children)

    and a more repressive policy towards undocumented migrants through the

    indiscriminate use of compulsory repatriation.14

    10 cf. UNITED NATIONS, Universal Declaration of Human Rights, inhttp://www.un.org/en/documents/udhr/.

    11 CAMPANI, G., Migration and Integration in Italy: A Complex and Moving Landscape, inwww.migrationeducation.org/fileadmin/uploads/IntegrationinItaly.pdf.

    12 cf. EMN, The Impact of Migration ..., pp. 11-12.

    13 cf. CAMPANI, G., Migration and Integration , p. 3.14 Ibid., p. 7.

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    All these laws bare the desire to systematize immigration in Italy. It bares with it

    the goals of integration and cultural pluralism. But looking beyond its goals, the pertinent

    driving principle of these laws is to control migration. In fact, from 1990 onwards the

    number of expulsion orders rose sharply from 10,000 (1990) to 131,000 (2000). There

    were also regularization being done which reached to the level of approximately1,500,000 foreigners. However, in its hierarchy of priorities, it treats migration as a legal

    and security issue rather than resources that can contribute to the economy of Italy as well

    as the sending country. A migrant is not himself an economic good but can bring in

    economic benefits.

    Despite restrictive norms and regulations, the influx of illegal immigrants to Italy

    increased significantly. Some developing countries because of economic crisis, promote

    migration as an alternative. Like the case of the Philippines wherein the government,

    instead of promoting local jobs and strengthening local industries, it legislates a law

    called labor export policy (LEP), that will facilitate fast and easy procedures of getting

    employment abroad. This resulted to the phenomenon of brain drain (mass exodus of

    highly skilled laborers), and brain waste (the de-skilling of migrants, a process by

    which skilled labor within an economy is not used at its right level).15 Another reason are

    civil conflicts and internal wars which caused a phenomenal rise in the number of

    refugees (internal and external) daily. Refugees caught in the crossfire, left behind theirnative land for reason of safety, security and the preservation of their human dignity. 16

    Lastly, the copious demand of immigrant labors due to the inadequate supply of local

    workforce. This resulted to expansion of the catchment area of irregular immigration.17

    Impact of Migration

    What impact then has irregular immigration to Italy? As I pointed out in the

    preceding section of this paper, migrants in general (regular or irregular) bring economic

    benefits to the host country. According to a local newspaper estimate by Il Sole 24 of

    March 3, 2003 as quoted by the EMN study, that,

    foreign workers pay an average of 2,800 euros per year in social security

    contributions. If we keep in mind that there were 452,000 immigrant workers

    registered with INPS (excluding those who applied for regularization) in 2003, we

    can estimate that the institute received 1.27 billion euros. If we add the roughly

    15 This term brain waste was coined by El Asri during the Euro-Mediterranean Border Management

    International Conference Fortress or Area of Freedom? Berlin, May 19-20, 2009, inwww.migration-

    boell.de/web/migration/ 46_2085.asp.

    16 cf. Ibid.17 cf. AMBROSINI, M., Migranti Irregolari , pp. 115-116.

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    650,000 legalized immigrants to that figure, the revenues increase significantly.18

    The growing aging population and the low fertility rate which even reaches to the point of

    zero birth rate cause a significant reduction of the working population and a

    corresponding problem of economic sustainability. In this way, irregular migrants

    somehow contributes significantly to the package of resolving the financial imbalances of

    the social security.19

    Aside from its positive impact, I would like to cite two other disturbing impact. I

    consider it disturbing rather than negative because it is still developing and difficult to

    generalize, however existing. The first refers to the tendency towards the homogenization

    of the Italian culture. This refers to the defensive attitude of some locals, and government

    parliamentarians (center-right) against irregular immigrants, that influenced a lot to the

    existing laws on immigration. They view irregular immigration as a social problem and a

    delinquency without reflecting its contribution to the labor market.20 This is clearly

    manifested in the reactions of the locals against violence provoked by immigrants in big

    cities, the institution of ronda, a civilian deputized patrol, and some isolated cases of

    racism and xenophobia.

    The second disturbing impact is the so-called subordinated integration. This refers

    to the acceptance of an immigrant to a particular job that has been previously refused by

    an Italian. This put the immigrant at the last position to access to most qualified jobs and

    even to high salary and benefits.21 The parity of job opportunities regardless of color or

    origin is put in abeyance. These disturbing realities need a further examination and

    reflection in order to better response to the complexity of the issue.

    Solidarity in Pope John Paul II's Social Thought

    The complexity of the irregular immigration calls to a renewed perspective of the

    phenomenon, and view it in the light of a better prospect for an authentic human

    development. The Church has been a consistent advocate of the concerns of migrants and

    refugees. It has been dedicating a day for all migrants and refugees every year for the past

    95 years. Her concern for migrants and refugees is not simply provoked by their daily

    struggles and sufferings but by their potentials to become heralds of the good news to

    other land. Thus, the Church views immigration from its lights but without pretending to

    18 cf. AMMENDOLA, C., et. al., (eds.), The Imapact of Immigration ..., pp. 25-26.19 cf.Ibid.

    20 cf. PARATI, G., Migration Italy , p. 38.21 cf. CAMPANI, G., Migration and Integration , p. 8.

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    cover up its shadows.

    In order to sustain such kind of view on immigration, one must be guided by an

    authentic and natural principle of solidarity. Pope John Paul II describes what solidarity

    can do in his encyclical Sollicitudo rei Socialis.

    Solidarity helps us to see the "other" whether a person, people or nation not just as

    some kind of instrument, with a work capacity and physical strength to be

    exploited at low cost and then discarded when no longer useful, but as our

    "neighbor", a "helper" (cf. Gen 2: 18-20), to be made a sharer, on a par with

    ourselves, in the banquet of life to which all are equally invited by God. (SRS,

    39).22

    He uses the image of a neighbor and a helper in its biblical sense that denote the

    fundamental equality of all human beings. Migrants and refugees are our neighbors and

    helpers. Thus, solidarity does not simply refer to a mere sentiment of sympathy orcloseness toward others but of a recognition of the dignity of the other.23

    Recognizing the dignity of the other does not simply require an elaboration of

    its concept, meaning and relevance. In the thought of John Paul II, such recognition

    entails an action, concrete initiatives, and an authentic vision. This is embodied in the

    principle of solidarity. Thus, treating the migrants as partners and protagonists for

    authentic human development is the primary mission of solidarity. So, how does solidarity

    actualize itself in this mission?

    Respect for Persons and their Fundamental Rights

    The notion of the person plays a central role in the thoughts of Pope John Paul II.

    Whenever he talks about solidarity, he is always referring to this fundamental idea of the

    person's dignity, and the fundamental rights. In his homily delivered during his apostolic

    pilgrimage to India in 1986, he says: Where there is true fraternal solidarity, the rights of

    the weak and defenseless are not violated; rather the dignity and well-being of all are

    safeguarded and promoted. And there can be peace only where there is justice and

    freedom and true respect for the nature of man.24 Man's dignity rests in the indubitable

    truth of his existence, that is, he is created in the image and likeness of God. This truth

    also explains man's natural tendency to establish friendship, to work for justice and

    22 JOHN PAUL II, Encyclical Sollicitudo rei Socialis, 39, in O'Brien, D., and T. Shannon, (eds.), CatholicSocial Thought: The Documentary Heritage, Orbis Books, New York 2005.

    23 cf. DORAN, K., Solidarity: A Synthesis of Personalism and Communalism in the Thought of KarolWojtyla, Peter Lang Publishing, New York, 1996, p. 155.

    24 JOHN PAUL II,Homily at the Eucharistic Concelebration at Shivaji Park, Bombay, India, 9 February

    1986, in http://www.vatican.va/holy_father/john_paul_ii/homilies/1986/documents/hf_jp-ii_hom_19860209_parco-shivaji_en.html.

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    equality, and to desire for peace and unity. Notwithstanding with our differences and

    uniqueness in many aspects, all those tendencies (transform into hope) are possible

    because we hail from the same shoot and spring of life, the sole Creator.

    The basic identity of human being as person negates any forms of

    instrumentalization and exploitation.25 In order to avoid this menace to one's existence,

    every person must recognize the need for interdependence and collaboration. An act of

    collaboration and natural interdependence springs from the virtue of solidarity. John Paul

    II defines interdependence as a system determining relationships in the contemporary

    world, in its economic, cultural, political and religious elements, and accepted as a moral

    category. (SRS, 38).26

    Interdependence signals a moral obligation to the other which entails an authentic

    commitment to work for an integral human development. This obligation helps us to see

    how life is structured organically in this world, that is, an awareness of the fact that my

    life affects your life, and yours affects mine and similarly, our lives affect their lives, and

    theirs affect us. John Paul II expresses this obligation in concrete terms.

    Those who are more influential, because they have a greater share of goods and

    common services, should feel responsible for the weaker and be ready to share

    with them all they possess. Those who are weaker, for their part, in the same spirit

    of solidarity, should not adopt a purely passive attitude or one that is destructive of

    the social fabric, but, while claiming their legitimate rights, should do what theycan for the good of all. The intermediate groups, in their turn, should not selfishly

    insist on their particular interests, but respect the interests of others. (SRS, 49)27

    This interdependence among human beings is clearly expressed in solidarity. Solidarity

    demands recognition of the equality of persons and respect for their individual

    differences.28 This recognition must be expressed in a form of commitment wherein one is

    willing to sacrifice for the sake of others, and the others too are willing to contribute

    according to their capacity, and resources. Thus, it demands an action on behalf of and

    with the others.

    The migrants deserve such kind of respect and attention. This is not because of

    their economic value but, because they are persons endowed with dignity and rights. They

    25 cf. CURRAN, C., et. al., Commentary on Sollicitudo rei Socialis, in HIMES, K., et. al., (eds.),Modern Catholic Social Teaching: Commentaries and Interpretations, Georgetown University Press,

    Washington, DC 2005, p. 427.

    26 JP II, Sollicitudo rei Socialis, 38.

    27 Ibid., 39.

    28 cf. BILGRIEN, M. V., Solidarity: A Principle, an Attitude, a Duty? Or the Virtue for an IndependentWorld, Ph.D. Diss., Pontifical University of St. Thomas, Rome, 1994, p. 148.

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    are part of this organic structure of human relations that effects sharing of resources for

    the common good. They should not be viewed only in terms of legal status, though

    important in matters of social order. As a consequence, any institution (public or private)

    that is responsible for migrants should focused its efforts on how to facilitate their

    integration into the society. John Paul II stresses this point in his address to theparticipants to the 3rd World Congress of those engaged in the pastoral care of migrants

    and travelers. Solidarity must be expressed in the everyday experience of assistance,

    sharing and participation to migrants in the process of their real in integration in the

    society that receives them.29

    The Duty to Uphold and Promote the Common Good

    The goal of solidarity is to uphold and promote the common good. The common

    good serves as the fulcrum and motivation of all human activities that enhance

    interdependence and collaboration. Pope John Paul II defines solidarity and its goal which

    emanates from the profound attitudes of human beings in his encyclical Sollicitudo rei

    Socialis.

    This then is not a feeling of vague compassion or shallow distress at the

    misfortunes of so many people, both near and far. On the contrary, it is a firm and

    persevering determination to commit oneself to the common good; that is to say to

    the good of all and of each individual, because we are all really responsible for all.

    (SRS, 38).30

    This interdependence which finds its expression in solidarity, characterizes and

    conditions the lives of individuals and peoples of today. It emanates from the truth of our

    common origin, common dignity and common vocation. It is the natural consequence of

    the fact that human beings live and act together; it is the attitude of the community, in

    which the common good properly conditions and initiates participation, and participation

    in turn properly serves the common good, fosters it and furthers its realization. 31 It

    signifies man's disposition to be at the service for the community and at the same time an

    indicator of how he lives himself in the community. It means also that one must be freely

    disposed to complement in action what the others has done to the community. This

    complementariness is not something caused by one's indebtedness to the other but by the

    29 cf. JOHN PAUL II,Address to the Participants of the 3rdWorld Congress of Pastoral Care of Migrantsand Refugees, Rome 5 October 1991, in http://www.vatican.va/holy_father/john_paul_ii/speeches/

    1991/october/documents/hf_jp-ii_spe_19911005_migranti-rifugiati_it.html.

    30 JP II., Sollicitudo rei Socialis, 3831 WOJTYLA, K., The Acting Person, D. Reidel Publishing, Boston, Massachusetts 1979, p. 285.

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    very nature of participation which aims at the perfection of all. 32

    Solidarity demands a shared responsibility of the whole of humanity. This duty is

    not limited to one's own family, nation or State, but extends progressively to all mankind,

    since no one can consider himself extraneous or indifferent to the lot of another member

    of the human family. No one can say that he is not responsible for the well-being of his

    brother or sister (cf. Gen 4:9; Lk 10:29-37; Mt 25:31-46). (CA, 51).33 This duty

    overcomes division among peoples, and promotes a commitment in defense of the

    common good. It narrows the gap between the rich and the poor in this world. It clarifies

    racism and xenophobic attitudes towards others. It makes each one ready to sacrifice for

    the sake of others especially the weak and vulnerable in the society. Thus, it brings lasting

    peace and harmony in this world.34

    These interdependence, collaboration, complementariness, and duty towards

    shared responsibility are realized in the concrete sharing of the world's goods.

    Interdependence must be transformed into solidarity, based upon the principle that the

    goods of creation are meant for all. That which human industry produces through the

    processing of raw materials, with the contribution of work, must serve equally for the

    good of all. (SRS, 39).35 This leads us to an attitude of openness to the needs and

    sufferings of the migrants, for solidarity is not a matter of compassion but of justice; it is

    not a question of economics but of ethics [].36 The situation of irregular immigration

    then is raised from its legal ambit to its moral aspect which deems the institution that

    occupies for the care of migrants to facilitate integration and design positive laws on

    migration.

    Empowering the Defenseless

    Solidarity requires to take sides with those who are at the margins of society

    because all are equal and shares the same dignity, and thus deserves respect. Why and

    how could these be materialized? With regard to the situation of the irregular immigrants,

    the primary responsibility of bringing them into the mainstream of the society rests on the

    political community whose primary role, and the reason of its existence is to promote the

    common good. John Paul II in his encyclical letterCentissimus Annus states:

    32 cf.Ibid., cf. also Doran, K., Solidarity, p. 151., Curran, C., et. al., Commentary on , p. 427.

    33 cf. JOHN PAUL II, Encyclical Centessimus Annus, 51.

    34 cf. UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (USCCB), Called to GlobalSolidarity, 12 November 1997, in http://www.usccb.org/sdwp/international/globalsolidarity.shtml.

    35 J. P. II, Sollicitudo rei Socialis, 39.36 BILGRIEN, M.V., Solidarity: A Principle , p. 117.

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    The State cannot limit itself to "favoring one portion of the citizens", namely the

    rich and prosperous, nor can it "neglect the other", which clearly represents the

    majority of society. Otherwise, there would be a violation of that law of justice

    which ordains that every person should receive his due. "When there is question of

    defending the rights of individuals, the defenseless and the poor have a claim to

    special consideration. The richer class has many ways of shielding itself, and

    stands less in need of help from the State; whereas the mass of the poor have noresources of their own to fall back on, and must chiefly depend on the assistance

    of the State. (CA, 10).37

    The Pope states clearly the reasons why the powerless claim special consideration

    because the minority rich has the means to defend themselves. Such a special

    consideration to the poor does not emanate from their dignity and rights, but to their

    situation of defenselessness, and absence of necessary resources to allow them to respond

    to their primary vocation towards integral human development and fullness of life. In a

    statement issued by the general secretaries of three organizations, the United States

    Catholic Conference (USCC), the National Council of Churches (NCC), and the

    Synagogue Council of America entitled, The Common Good: Old Idea, New Urgency

    states that, In our vision of the common good, a crucial moral test is how the weakest are

    faring. We give special priority to the poor and vulnerable since those with the greatest

    needs and burdens have first claim on our own efforts. In protecting the lives and

    promoting the dignity of the poor and vulnerable, we strengthen all of society. 38Anyone

    who neglects this moral obligation violates the law of justice.

    Kammer calls this special consideration to the poor as standing with the poor

    which means an active stance, a definite choice and a decision to crossover the line

    drawn between most of us and the marginalized pushed to society's periphery.39 It is like

    putting oneself into an uncomfortable situation, and risk by going beyond in one's comfort

    zones. It demands a conversion from an individualistic emphasis on what is mine to a

    radical vision of social life which does not distinguish my well-being from that of others

    [].40

    Solidarity with the poor does not mean helping the poor from a privileged

    position, and reducing them as recipients and subjects of one's generosity. Standing with

    them means cultivating a relationship characterized by mutual receptivity and reciprocity.

    37 J. P., II, Encyclical Centessimus Annus, 10.

    38 USCC, NCC AND SYNAGOGUE COUNCIL, The Common Good: Old Idea, New Urgency, inOrigins, vol. 23., n. 6.

    39 KAMMER, F., Doing Faithjustice: An Introduction to Catholic Social Thought. Paulist Press, New

    Jersey 2004, p. 146.40 Ibid., p. 236.

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    John Paul II in his address before the participants of the 18 th Plenary Assembly of the

    Pontifical Council Cor Unum (1990) points the sensitivity and necessity of including the

    poor from participating in the solutions to their own problems.41 This implies getting the

    migrants regardless of legal status organized, and giving them back the sense of their own

    dignity, rights and trust in their ability to bring about change in the society.42

    One of the ways that can empower the voiceless migrants is dialogue. In John Paul

    II's message during the World Day of Peace in 1987, he says, The spirit of solidarity is a

    spirit open to dialogue. It finds its roots in truth and needs truth to develop. It is a spirit

    that seeks to build up rather than to destroy, to unite rather than to divide. 43 However in

    the process of developing the truth, one cannot avoid opposition. Opposition is not a

    fundamental contradiction to solidarity.44 It serves to ensure that the structures which

    seek to promote the common good do not become too restrictive. It ensures that the laws

    which regulate irregular immigration must be based on rational integration and not out of

    fear of irregular immigrants.

    The Path Towards Integration of Irregular Immigrants

    From the presentations above, solidarity is identified as a principle of action, a

    duty to promote the common good, and a strategy of empowerment. How could we then

    apply these ideas to the actual situation of irregular immigration in Italy? Knowing the

    complexity of the issue raised against migrants in general, how would the Church and the

    State arrive at a converging point that could propel a better policy on immigration?

    Hon. Lamberto Dini, a former minister of Foreign Affairs of Italy has this to say:

    Human beings are not commodities. When individuals move, they preserve their

    roots, their specificity and their experience, even when they come into permanent

    contact with societies different from their own. Hence the need for mutual

    tolerance, to safeguard our respective customs and traditions. []. The fears that

    immigration sometimes generates should not lead industrialized countries to build

    new walls and fences. Such fears reject contact with diversity and make some feelas if they were strangers in their own country. A Europe built on fear, for example,

    would ultimately cast immigrants as the imaginary enemy, as a race apart.45

    41 cf. JOHN PAUL II,Discorso di Giovanni Paolo II ai Partecipanti alla XVIII Assemblea Plenaria delPontificio Consiglio Cor Unum, 19 Novembre 1990, inhttp://www.vatican.va/holy_father/

    john_ paul_ii/ speeches/1990/november/ documents/ hf_jp-ii_spe_19901119_cor-unum_it.html.

    42 cf. DORR, D., Option for the Poor: A Hundred Years of Catholic Social Teaching(revised edition),Orbis Books, New York 2003, p. 202.

    43 JOHN PAUL II, Message to the World Day of PeaceDevelopment and Solidarity: Two Keys to Peace, 1January 1987, in http://www.vatican.va/holy_father/john_paul_ii/messages/peace/documents.

    44 DORR, D., Option for the Poor, p. 304.45 Statement by the Minister of Foreign Affairs of Italy The Hon. Lamberto Dini to the 55thGeneral

    12

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    This statement appeals properly to the ideas regarding the call to solidarity to irregular

    immigrants in Italy. Any policy on immigration should be guided by the fundamental

    truths of human dignity, human rights and individual differences. The present laws of

    immigration in Italy are posed as counter measures, screening policies and defensive

    strategy. It is guided by fear and mistrust. Following the principle of solidarity,immigration laws must be gird towards creating an atmosphere of co-existence and co-

    responsibility in which immigrants and locals will demonstrate reciprocal responsibility.

    As John Paul II says in his address to the Vietnamese refugees in the Philippines that,

    The problem of refugees must be confronted at its roots, that is, at the level of the very

    causes of exile. The first point of reference should not be the interest of the [] national

    security but the human person, so that the need to live in community [] will be

    safeguarded.46

    Solidarity with irregular immigrants presupposes a recognition of cultural

    pluralism, social integration and not of assimilation. Social integration of immigrants

    must be guided by intercultural approach that promotes freedom and exchange of culture

    between the immigrants and the Italians. This necessitates a sharing of common values

    and norms for a peaceful co-existence. The superiority of one's culture has no place in this

    context, since each culture is unique, and has its own riches. The state should invest more

    on social integration programs, rather than on building Centers for Temporary

    Permanence (CPT) and focusing on expulsions of irregular immigrants.

    Another important application is the rationalization of immigration law and job

    placement, the policies of border control and inspections in the state territory wherein real

    abuses are really happening. There is a need to establish an adequate annual entry

    quotas, placement mechanisms that can effectively promote the meeting between work

    demand and offer, and increased effort involving the countries of origin.47 The annual

    entry quota through the existing flussi is not actually realistic since most of thoseapplicants are immigrants who lost their previous jobs and waiting for a new job. It

    should be based on the actual demand and offer of labor. Bilateral agreements between the

    sending country and the receiving country should be based on equality and fairness, and

    mutual development. It must provide equal opportunities between immigrants and the

    Assembly of the United Nations, New York, 13 September 2000, in

    www.un.org/ga/webcast/statements/italyE.htm.

    46 JOHN PAUL II,Address of His Holiness John Paul II During His Visit to the Refugees Camp inMorong, 21 February 1981, in http://www.vatican.va/roman_curia/pontifical_councils/corunum

    /documents/rc_pc_corunum_doc_25061992_refugees_en.html47 EMN.,Return Migration: The Italian Case, Nuova Anterem, Rome 2006, p. 26.

    13

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    locals to highly qualified jobs and just remuneration according to their skills and

    profession, and not of nationalities.

    Lastly, on the level of international cooperation, development aids must be

    strengthened particularly in the major sending countries. This is tackling down the

    problem at its roots. The great imbalance between the North and the South or, the

    developed countries and developing countries is the big determining factor of migration

    both legal and illegal. The Minister for Italians in the World, Mirko Tremoglia, as quoted

    by the EMN, has pointed out that the problem must be tackled at its root keeping an

    absolute truth in mind: the lack of balance between the southern and northern shores of

    the Mediterranean and between Africa and Europe. If we do not resolve this situation, the

    'invasion of Europe' will be unstoppable.48 Thus partnerships among nations should be

    utilized in order increase development cooperation, in which contributions of immigrants

    through taxes and remittances can be utilized in a more sensible way by both partners.

    Conclusion

    The idea of solidarity in the social thought of John Paul II can be applied to the

    problem of irregular immigration in Italy. It can serve as a guiding principle in its desire

    to facilitate integration of migrants especially the irregulars into the society. Integration

    then must be its primary goal, and not border control and expulsions. In this way, the

    immigrants will be encouraged to actively and responsibly participate in the endeavors of

    the society to promote the common good for integral human development. Integration

    measures, empowerment programs, proper border control and regular inspections within

    the state territory will discourage illegal migration and human trafficking. A sound

    immigration policy respectful of their fundamental rights and dignity will enhance

    productivity, development and peace both the sending countries and the host country.

    Thus, solidarity remains the key to all these initiatives.

    48 EMN,Irregular Migration , p. 32.

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    BIBLIOGRAPHY

    Ambrosini, Maurizio. Migranti Irregolari: Politiche, Lavoro, Diritti, inAggiornamento

    Sociale 02 (2009) pp. 112-122.

    Bilgrien, Ma. Vianney. Solidarity: A Principle, an Attitude, a Duty? Or the Virtue for an

    Independent World. (Ph.D. Diss.), Pontifical University of St. Thomas, Rome,1994.

    Campani, Giovanna. Migration and Integration in Italy: A Complex and Moving

    Landscape. In www.migrationeducation.org/fileadmin/uploads

    /IntegrationinItaly.pdf.

    Crepaldi, Giampaolo and E. Colom. Dizionario di Dottrina Sociale della Chiesa, Libreria

    Ateneo Salesiano, Roma 2005.

    Dorr, Donald. Option for the Poor: A Hundred Years of Catholic Social Teaching (revised

    edition), Orbis Books, New York 2003.

    Doran, Kevin. Solidarity: A Synthesis of Personalism and Communalism in the Thought

    of Karol Wojtyla., Peter Lang Publishing, New York, 1996.

    European Mediterranean Network (EMN). Irregular Migration Illegally Resident Third

    Country Nationals in Italy: State Approaches Towards Them and Their Profile and

    Social Situation. Nuova Anterem, Rome 2005.

    _____________. Return Migration: The Italian Case. Nuova Anterem, Rome 2006.

    _____________. The Impact of Migration on Italy's Society. Nuova Anterem, Rome2004.

    Himes, Kenneth, et. al., (eds.), Modern Catholic Social Teaching: Commentaries and

    Interpretations. Georgtown University Press, Washington, DC 2005.

    John Paul II. Message of the Holy Father John Paul II for the World Day of Migrants and

    Refugees 2005Intercultural Integration, 24 November 2004, inhttp://www.vatican.va/holy_father/john_paul_ii/messages/migration/documents/

    hf_jp-ii_mes_20041124_world-migration-day-2005_en.html

    John Paul II. Address to the Refugees in Exile at Morong, Philippines. 21 February 1981.

    in http://www.vatican.va/roman_curia/pontifical_councils/corunum/documents/rc_pc_corunum_ doc_25061992_refugees_en.html

    John Paul II. Message of the Holy Father John Paul II for the World Day of Peace 1987,

    in http://www.vatican.va/holy_father/john_paul_ii/messages/peace/

    documents/hf_jp-ii_mes_19861208_xx-world-day-for-peace_en.html

    Kammer, Fred. Doing Faithjustice: An Introduction to Catholic Social Thought. Paulist

    Press, New Jersey 2004.

    O'Brien, David., and T. Shannon, (eds.), Catholic Social Thought: The Documentary

    15

    http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/uploadshttp://www.migrationeducation.org/fileadmin/uploadshttp://www.vatican.va/holy_father/john_paul_ii/messages/migration/documents/http://www.vatican.va/roman_curia/pontifical_councils/corunumhttp://www.vatican.va/holy_father/john_paul_ii/messages/peace/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/http://www.migrationeducation.org/fileadmin/uploadshttp://www.vatican.va/holy_father/john_paul_ii/messages/migration/http://www.vatican.va/holy_father/john_paul_ii/messages/migration/documents/http://www.vatican.va/roman_curia/pontifical_councils/corunumhttp://www.vatican.va/holy_father/john_paul_ii/messages/peace/
  • 8/14/2019 Solidarity and Illegal Migration to Italy

    16/16

    Heritage. Orbis Books, New York 2005.

    Parati, Graziella. Migration Italy: the Art of Talking Back in a Destination Culture.

    University of Toronto Press, Toronto, Canada 2005.

    Pontifical Council for the Pastoral Care of Migrants and Itinerant People. Proceedings of

    the 3rd

    World Congress for the Pastoral Care of Migrants and Refugees Solidarityin Favor of New Migration. Vatican City: September 30 October 5, 1991.

    ______________. The Solidarity of the Church with Migrants and Itinerant People,

    Rome: 1-3 June 2000.

    Wojtyla, Karol. The Acting Person. D. Reidel Publishing, Massachussets 1979.

    16