Immigration, human rights and gross margins

Jan 11, 2019 | Focus On, Migrants and the homeless, News | 0 comments

Law Salvini: towards a new emergency

With the entry into force of the Law 1 December 2018, n. 132 containing "Urgent provisions on humanitarian protection and immigration, public security", it reveals a worrying and dangerous scenario that will lead to an increase of people living on the streets

In contradiction and conflict with the provisions of the Universal Declaration of Human Rights, the Constitutions of the European states and the Italian one in the first place, Salvini decree establishes a set of rules that will have serious consequences on the lives of migrants who are in our country and that more and more are welcomed by the services offered by our partners (see Observatory fio.PSD welcome to the voice)

"A guarantee of security policy requires exactly the opposite of social exclusion and invisibility inevitably produced from the underground: It requires inclusion policies, far more than exclusion, in implementing the principle of equality in both its size and based on the guarantee to immigrants of all fundamental rights "

(Luigi Ferraioli, Manifesto for Equality, p. 215, The third, Bari)

It denied the principle of equality of all human beings, natives and migrants, respect fundamental human rights, the right to life, the dignity, health, citizenship, at work, at home, to due process. It denied ownership of a right acquired by people who have arrived in Italy without having committed any offense or crime but rather fleeing from extreme poverty, political instability, war, persecution and violence

What in this Focus On denounce as Federation for over 30 years he is working to defend the rights of the most vulnerable people, It is that we risk being faced with a new social emergency with thousands of other persons deprived of minimum awards to start an include path, vulnerable people who will populate the streets and the shelters for the homeless

Hold on migrants

Preliminary estimates based on the declarations of the associations of circulating sector in the aftermath of the law in early December spoke immediately about 40 thousand people to be expelled from refugee centers migrants and asylum seekers (SPRAR, CAS and FACE) what effect the law 132/2018

The reception will be in SPRAR, from now on, reserved only for beneficiaries of international protection (refugees and beneficiaries of subsidiary protection), to unaccompanied minors, young adults up to the definition of the application for international protection, holders of a residence permit for medical treatment, disasters and acts of particular value civil, leaving out and devoid of warmth all holders of permits for humanitarian reasons or special protection that failed to pass in the first SPRAR 4 October 2018

In one fell swoop people who had embarked on a path of inclusion, soon end up on the street, rapidly entering into a bypass circuit and, subsequently, of irregularities. The Interior Ministry made it clear to the prefects that the law has no retroactive effect and that, Therefore, It is suspended the outputs from the centers of the decree, at least in the manner in which it was initially interpreted

The clarification, obviously, It does not diminish in any way the seriousness of the consequences of the law, but it only expands the temporal effects. Not even reassures the Circular branched from the Ministry of Interior 18/12/2018 and taken up by some tested with which you try to reassure prefects and mayors on the absolute and substantial invariance of the conditions and rules of reception than in the past

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All for the road

All people with humanitarian protection, all legal migrants, all with ID cards, all without distinction, women, Kids, families, vulnerable people, children and young people, all destined to the road

Not even the victims of violence or women with minor children, They will be able to access the services of second reception of SPRAR. The harmful effects of the law will also cut down on vulnerable and vulnerable from the point of serious physical and psychological, victims of extreme trauma, torture and cruel treatment, inhuman and degrading (CIDT) suffered their countries of origin or during the journey, the crossing and above, during his imprisonment in Libya

We stress, In addition, as these are only the very first victims of this law that henceforth (that is, for people who have experienced and that will manifest the will to apply for international protection 5 October 2018 forward) It will provide for a sharp drop in the granting of some form of protection and, accordingly, a exponential increase of people totally devoid of a valid residence permit and, consequently, that may not request the registered residence

It 'still knotted the question about the foreclosure registry enrollment of asylum seekers – as explained by the 'ASGI in his note of 8 January – which it has already provoked reactions unconstitutional because it excludes the fundamental right to legal residence a specific category of persons, in the absence of reasonable grounds to justify the differential treatment in violation of article 3 of the Constitution

The residence is the first crucial step to come out of a bureaucratic and formal invisibility and continue with a take-over path and inclusion from which no one should be excluded for political will

The New provisions introduced by Law 132/2018 (Decree Salvini)

As we wrote in our previous press release critique of the bill, are many aspects that worry us and here we retrace to emphasize the deleterious effects:

ABOLITION OF PROTECTION FOR HUMANITARIAN REASONS

Through the permit for humanitarian reasons, expected from T.U. immigration (law 286/98), was recognized as a fundamental human right and that is the asylum, much wider of the two types of international protection (refugee and subsidiary protection). The territorial commissions, the police stations and the courts could grant the applicant such protection where they had been found "substantial grounds, in particular of a humanitarian nature or arising from constitutional or international obligations of the Italian State ", in the case of persons fleeing conflict, disasters, at risk of being subjected to persecution, victims of labor exploitation or treats, or the situation of vulnerability, victims of violence and violation of human rights

This permit has been replaced by a residence permit for "special protection" and the residence permit for "special cases". Under these two designations are configured different cases, some pre-existing, other new (such as a residence permit for medical treatment or for disasters) and most of them have different features enabled by repealed: the duration is one year (instead of two), not convertible into permit for work, and is renewable only after agreement of the territorial commissions and persist only as long as the conditions for which it was issued

This means taking a step back, why, as indicated in a Note the Italian Council for Refugees, “Among the European countries, 24 countries of 32 provide forms of protection similar to our humanitarian protection and 20 on 28 recognize a form of national protection for humanitarian reasons "

SCALING THE SYSTEM SPRAR

The reception at the SPRAR will be reserved only for beneficiaries of international protection (refugee and subsidiary protection), to unaccompanied minors, young adults up to the definition of the application for international protection, holders of a residence permit for medical treatment and for special cases ("If they do not access protection systems specifically dedicated" – Circular 18/12/2018), thus excluding asylum seekers and holders of permits for humanitarian reasons or special protection that failed to pass in the first SPRAR 4 October 2018, including neo older Former unaccompanied minors who have not recognized the full protection, women with minor, families and vulnerable people

A circular of the Central Service of the Protection System for asylum seekers and refugees 25/10/2018 expressly excludes "the inclusion in SPRAR asylum seekers and humanitarian protection, although vulnerable

The SPRAR become SIPROIMI, System for the protection of international protection and unaccompanied minors.

ELIMINATION OF REGISTRATION REGISTER RIGHT FOR ASYLUM SEEKERS

L ’ article 13 the Law 132/2018 It states that asylum seekers may not enroll in the population registers and, Therefore, can not gain access to the residence, with all that this implies in terms of inability to require the rights pertaining thereto (read the Press Release of October 11 fio.PSD 2018). On the issue has opened a debate – see above – on alleged constitutional illegitimacy of this Article.

STAY THE RETURN AND DETENTION CENTERS FOR ASYLUM SEEKERS

A novelty introduced by the "security decree" is the detention of asylum seekers at hotspots, government shelters in the first and the Police for a maximum of 30 days (without the need for validation by the judicial) to allow the identification. Se entro i 30 days has not arrived to the identification, asylum seekers can be held in Stay Centers for Repatriation (CPR, Former CIE - Centers for Identification and Expulsion) until 180 days, by indiscriminately increasing suffering and charges for public administration. This practice will also be reserved for children whose parents are in turn held in CPR, for identity verification. Finally scheduled detention in unspecified "appropriate places" at the frontier offices

For foreigners it was not asylum seekers, Instead, extended the period of detention at CPR until 180 days, against the background 90.

DENIAL AND REVOCATION OF INTERNATIONAL PROTECTION

Refugees and holders of subsidiary protection will permit to be revoked if the international protection who have been convicted for crimes committed in Italy (as, For example,, violence a public official, snatching, aggravated burglary) and, in parallel, It expands the range of cause ostative the recognition of protection

Before this happened only to convictions for serious crimes: murder, aggravated robbery, kidnapping, illegal immigration, crimes of a sexual nature or on drugs

It 'expected to Immediate proceedings in front of the Territorial Commission in the case of the person subject to criminal proceedings for certain types of crime (crimes impediments to protection) or even if the sentence is not final. If the application for asylum is rejected, the applicant may not remain on the Italian territory, even if an appeal against the refusal by the Territorial Commission

REVOCATION OF CITIZENSHIP

If convicted judged for crimes of terrorism and subversion, the person who has acquired citizenship because they lived in Italy for 10 years, stateless person with 5 years of residence in Italy, son of foreigners born in Italy became Italian citizen at the age of 18 years, spouse of an Italian citizen, son of Italian foreign or adopted child, you will see the Italian citizenship revoked

In this regard the Italian Council for Refugees has already expressed stressing that "The acquisition of citizenship, It should allow its holder to exercise it's rights that result in a full and unconditional, like the citizens by birth, while the introduction of the revocation, only for foreigners become citizens, It presents profiles of unconstitutionality pursuant to Article. 3, c. 1 Constitution, because they are treated differently in objectively similar situations. Like other citizens, also the stranger became an Italian citizen, If he has committed a crime will have to serve his sentence on "

In addition, the term for the conclusion of the procedures for the granting of citizenship passes from 24 in 48 months, while the contribution for instances of election returns, purchase, buyback, waiver or granting of citizenship passes from 200 Euro 250 Euro.

CRIME OF BEGGING

With special alarm we point out that the law introduces Salvini – subject to the amendment of the penal code 699 to – the financial crime of begging harassing saying it is troublesome when it is exercised persistently, violence and / or fraudulent attitudes. Sanctions are stopping by 3 in 6 months a fine of 3 thousand 6 thousand euro. They are also punished the dell'accattonaggio organizers and the use of minors.

By placing this notice within a law headline "Security and Immigration" it suggests that the begging affect public order and public safety, and that it uses zero tolerance against anyone who extends a hand because he does not need help. The "begging with alleged insistence" is already the subject of local news and is likely to multiply intolerance reactions to poverty

The effects of the Decree in the cities: new invisible

A law of this kind looks more like a completion of a path of criminalization of migrants and people living in vulnerable circumstances, more than a promotion of safety and crime fighting system

The cities are beginning to denounce the early impact of the decree on the "streets" and some already estimate the numbers. Others are already like the local theater

MILAN

According to the City of Milan they are about 900 migrants who remain outside the shelters due to the security decree. According to the Councilor for Social Policy Majorino, in the next few days 240 people who might end up on the street: women, minors, families residing legally on our territory; They can no longer stay in reception centers and will be discharged. A number that is added to that valued Caritas Ambrosiana, according to which are 500 migrants at risk of becoming homeless in the diocese of Milan, Varese, Lecco and Monza

ROME

According to the Councilor for Social Laura Baldassarre, in Rome can be estimated more than 1.000 between asylum seekers and persons in possession of humanitarian protection, SPRAR that will leave the system as modified by the "Security Decree", to pour into the street and in municipal social services

BOLOGNA

As reported in 'Agenda of the Bologna City Council on the security decree effects, of 1.078 people, adults and minors, hosted in SPRAR, the 75% It would be excluded because they do not meet the requirements of the Decree

TORINO

The Municipal Council of the City of Turin, with an agenda of 22 October 2018, He has calculated that the Centers of Piedmont welcome 10.380 people, about half of which would be now without the permit required by Decree. In the city of Turin would be over 200 unaccompanied foreign minors, to come of age, They are likely to escape from the reception circuits. In the face of the new measures introduced by the Security Decree, the situation that is looming is to cancel the integration courses carried out so far and does not allow the creation of new. The real scenario is to see the number of people in extreme discomfort in the cities

TUSCANY

The Tuscany Region has estimated that about half of people currently housed in the Tuscan SPRAR (5.000 on 10.000) will end outside the reception circuits due to the downsizing of this reception system, while others 3.000 Foreigners will find themselves in irregular conditions the effect of the abolition of the residence permit for humanitarian reasons

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