A/HRC/4/19/Add.4
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C. Legislation on and policies regarding migrants and asylum-seekers
41. According to the information received from civil society, there are
approximately 3.2 million regular and 500,000 irregular immigrants.28 Illegal migration
flows into Italy originate mainly from Asia (e.g. the Philippines, China), South Asia
(Bangladesh, Sri Lanka), Africa (Nigeria, Ghana), Eastern Europe (Albania, Romania, the
countries of the former Yugoslavia, Moldova, etc.) and the States of the former USSR. The
most frequent routes are located along the Italian-Slovenian border and the Adriatic coast,
particularly in Puglia and Sicily (the islands of Lampedusa and Pantelleria), and there are also
reported cases of entry by air via both large and small airports.29
42. During his visit to the reception centres on Lampedusa, the centre at Cassibile and the
CPTA at Ragusa, the Special Rapporteur met with male and female immigrants and
asylum-seekers from Morocco, Tunisia, Somalia, Ethiopia, Eritrea, Nigeria, Niger, Ukraine,
Romania, Moldova, Colombia and the Philippines. At the Lampedusa centre, he witnessed the
arrival of a boat with 11 Tunisian immigrants and followed their reception process. During these
contacts the Special Rapporteur learned about the difficulties most of the immigrants arriving by
sea had experienced in trying to reach the Italian coasts, either to escape from persecution in
their countries of origin or to search for a better life. He also observed the living conditions in
the centres and the system in place to ensure the rights of the immigrants.
43. The current “stay for work permit” scheme within an entry-quota system and the
imprisonment of illegal migrants failing to abide by their expulsion orders were seriously
questioned by different interlocutors. In their view, the Bossi-Fini Law fails to prevent
migratory flows and leads to a situation where migrants find themselves in an illegal situation
with no possible means of legalization, their choices being either to return to their countries of
origin or to stay in Italy as a “clandestine”. Under the current legal framework, life as an illegal
immigrant in Italy implies a greater exposure to poverty and various forms of discrimination and
abuse, particularly in the labour market, and a high probability of imprisonment for failing to
obey the injunction to leave the country. Being a legal migrant, on the other hand, entails a high
probability of becoming illegal if the migrant loses his/her job, increasing vulnerability to abuse.
Legality is not necessarily accompanied by integration in society, but often rather by
discrimination in the housing, employment and education sectors.
28
The figure for regular migrants corresponds to the information contained in the Caritas 2005
Dossier and the 170,000 new residence permits provided in 2006, while the estimates on
irregular immigration refer to the 370,000 requests under the “flows decree” and the official
figure of 120,000 ordered but not implemented expulsions.
29
See Trafficking in Persons and Smuggling of Migrants into Italy, pp. 79-80, analysing the
phenomenon and suggesting remedies.