A/HRC/4/19/Add.4
page 25
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Migrants continue to suffer from a security approach in immigration legislation that
criminalizes them. The security approach of the Bossi-Fini Law exposes migrants,
asylum-seekers and refugees to: harassment by law enforcement agents;
administrative detention in centres during the deliberation of their status, which often
exceeds the deadlines prescribed by the law; and the criminal punishment of one to
five years’ imprisonment for failing to obey an expulsion order or injunction to leave
the country. In addition, in the view of the Special Rapporteur, the discourse of the
authorities supporting a model of legal migration within quotas established on the
basis of the needs of the labour market is challenged by the reality of an important
number of migrants working in the illegal sector. Fundamental questions need to be
raised in this context. Are the quotas wrongly established, or are the needs of the
labour market incorrectly assessed? Are the lengthy and costly procedures an
excessive burden for employers, who resort to hiring migrants illegally? Are the
repressive norms in place pushing migrants into illegality? Is the current
administrative detention envisaged for migrants and asylum-seekers in compliance
with the human rights obligations of Italy? These and other questions will need to be
answered by the Government in the revision of the immigration policy in place;
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Members of the Muslim faith, despite belonging to the second largest denomination,
are the only religious groups with whom the State has not signed a bilateral
agreement (intese).
63. Secondly, the Special Rapporteur noted a dramatic socio-economic marginalization of
these groups, who face greater difficulties in the enjoyment of their rights to employment,
adequate housing, education and health. These inequalities vis-à-vis the rest of Italian society
need to be urgently addressed. The Special Rapporteur found particularly disturbing the poor
housing and living conditions of Sinti and Roma; the slavery-like conditions of migrants in the
agricultural sector; the exposure of migrant women to abusive working conditions as domestic
workers and caregivers and their high representation in the prostitution and sexual exploitation
sector.
64. Finally, racism, discrimination and xenophobia have a deep cultural dimension. There is a
profound lack of knowledge and understanding about the culture and religion of national
minorities and migrants, in particular about Islam and Roma and Sinti culture and value systems,
which remain untaught or insufficiently incorporated in school curricula despite the
long-standing presence of these groups in Italian territory. Additionally, asylum-seekers and
refugees, particularly from Africa, are wrongly believed not to have relevant contributions to
make from a cultural point of view despite the richness of their history, art, system of values,
spirituality, language and culture. Fundamentally, the assimilation approach to integration and
its dominant rhetoric of “acceptance of or adaptation to our values”, which demands that
migrants and asylum-seekers literally divest themselves of their cultural, religious and, if
possible, ethnic specificity, is not only a rejection of cultural diversity but also the reproduction
and recycling of the historical cultural prejudice against the uncivilized non-European. This
posture, which reflects an ideological trend in the European construction that negates history as
well as geography, promotes the European nature over the Mediterranean dimension of the
national identity of the Italian society.