E/CN.4/2005/85/Add.3
page 9
25.
In the office of the Italian Refugee Council (CIR) in Fiumincino the Special Rapporteur
was informed that the people seeking advice there could have reached Italy directly or have been
transferred from another State party to the Dublin Convention. The majority of those who
arrived directly were from Iraq and Myanmar, while Somalis, Eritreans and Sudanese apparently
arrived under the Dublin Convention. Between January and June 2004 the office had processed
216 people, of whom only 14 were said to have arrived directly in Italy.
B. Migrant workers
26.
The Special Rapporteur was informed that the annual schedule of flows of migrant
workers entering Italy was defined in a decree from the President of the Council of Ministers,
which had to be approved by 30 November of each year. The decree defines maximum annual
quotas for contractual and seasonal employment and self-employment for the following year,
which may be amended by subsequent decrees in the course of the year. The latest annual
decree had been promulgated early in 2004 and provided for 79,900 places, of which 50,000
were for temporary contractual employment.4 The decrees give preferential quotas to countries
which collaborate with Italy in stemming illegal migrant smuggling.5 Before the recent
extension of the European Union to the East, 20,000 workers from these countries had been
authorized to enter Italy.6
27.
Italian law stipulates that the employer must apply for authorization from the Ministry of
Labour to hire a non-EU foreign worker, and must submit a proposal for a residence contract for
the purpose of employment (contratto di soggiorno per lavoro). The employer must guarantee
suitable accommodation (the residence contract is otherwise void), undertake to pay the cost of
the return journey and report any modification affecting the employment contract, or be fined
between €500 and €2,500. The employer may also request visas for people on the lists of foreign
workers from non-EU countries with which Italy has signed bilateral agreements. Once the
Provincial Employment Centres confirm that no Italian or Community workers are interested, the
provincial office of the Ministry of Labour checks that the annual quota for the recruitment of
foreign workers is not full and that the contract and accommodation on offer are in keeping with
Italian labour legislation. Only then, and after perusal of the applicant’s judicial record, can the
relevant consular office give the worker the papers for issuance of an entry visa.
28.
The foreign worker is required to apply to the police department of the city of destination
for a residence permit (permesso di soggiorno), which must be processed within 20 days. The
duration of these permits has apparently been reduced to coincide with that of the contract, and
may not exceed nine months for one or more seasonal contracts, one year for fixed-term
contractual employment or two years for indefinite contractual employment. A residence permit
can be renewed, but not for a duration longer than the initial permit covered.7 If the worker does
not apply for renewal within the specified period, the police department will issue an order
(provvedimento di refiuto) requesting him or her to leave the country within 15 days. Appeal
may be lodged as from the date of notification of the expulsion order, which carries a 10-year
ban on entry to Italy.