E/CN.4/2005/85/Add.3
page 20
89.
The Special Rapporteur would also like to express her concern at the high
percentage of foreigners in Italian prisons. She considers that the immediate deportation
of prisoners after conviction means that the prison’s function of rehabilitating criminals is
lost.
90.
The Special Rapporteur noted that the regional authorities regarded the reform of
the Aliens Act as an obstacle which constantly thwarted the implementation and
effectiveness of their policies and programmes for integrating the immigrant population.
91.
The Special Rapporteur welcomes the important steps taken by the Ministry for
Equal Opportunities to combat trafficking in persons.
B. Recommendations
92.
In the light of this report, the Special Rapporteur invites the Government of Italy to
consider the following recommendations.
93.
It should pay the closest attention to whether the constant changes in the Aliens Act
are consistent with the relevant requirements of the human rights instruments ratified by
Italy.
94.
Migration policy should be based on dialogue and fleshed out by contributions from
all political forces and social partners. Dialogue between institutions and with civil society
(immigrants’ associations, NGOs, churches, etc.) should be nurtured. The Special
Rapporteur requests that the recommendations on migration submitted by CNEL, many of
which she has endorsed, should be taken into account.
95.
Italy should consider ratifying the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and the United Nations
Convention against Transnational Organized Crime, and the Protocols supplementing it.
In particular, the Special Rapporteur advises a thorough analysis of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families for a correct assessment of its provisions.
96.
The system of preferential quotas could be supplemented by development
cooperation programmes. Information channels to consulates should also be improved.
97.
Linking migration to employment also means bringing migration policy into line
with the employment situation. The Special Rapporteur therefore proposes an annual
programming of quotas to match demand on the Italian labour market, involving the
regions and social forces in the reception extended to workers. Legal means of migration
need to be promoted, and the provisional nature of decrees on maximum quotas and the
restrictions on nationals from 8 out of the 10 new members of the European Union need to
end. The requirements of the labour market should also be borne in mind in establishing
the duration of residence permits.
98.
Urgent steps should be taken to expedite the issuance and renewal of residence
permits within the legal deadlines. The possibility of devolving this task upon local
authorities and using information technology for accessing files should be considered.