E/CN.4/2005/85/Add.3
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81.
The Special Rapporteur noted efforts by the Italian Government to establish closer
relations with countries of origin and transit. In her opinion this is the best means of
monitoring flows and checking illegal immigration.
82.
The offices responsible for issuing residence permits are overwhelmed. Delays in
settling applications for renewal of these permits involve constant uncertainty for migrant
workers and their families. The shortening of the validity of these permits and the grace
period allowed to migrant workers who lose their jobs is helping to push the migrant
community gradually outside the law.
83.
The Special Rapporteur observes a lack of coordination between employment
policy, which is tending to cut down on indefinite contracts, and current migration policy,
which requires immigrants to provide proof of employment over time. She also considers
that the grace period allowed to immigrant workers who are laid off is inadequate in view
of the inefficiency of the employment services at finding work for them.
84.
The Special Rapporteur welcomes recent efforts to regularize the situation of illegal
immigrants able to show they had been working. She nevertheless considers that the fact
that only the employer can request regularization leaves illegal immigrant workers all the
more vulnerable.
85.
The Special Rapporteur would like to acknowledge the work of the security forces
responsible for the sea rescue of clandestine immigrants and their understanding of the
human face of clandestine immigration.
86.
Few differences were apparent between detention in the CPTAs and in the
identification centres. The Special Rapporteur would like to express her concern at the
gradual transformation of local reception centres into identification centres. She would
also like to express concern at the consequences of and limitations inherent in the private
management of such centres. In the absence of a national human rights institution, she
considers that an independent organization is needed to supervise the management of the
centres, respect for the human rights of the people held there and the health, psychological
and legal assistance provided. This body should also supervise access by NGOs and
lawyers to the centres. The Special Rapporteur considers that building new centres is not
the solution to illegal immigration.
87.
The Lampedusa CPTA facilities are clearly inadequate for the frequent landings of
large groups of immigrants on the island. Action in response to such landings cannot be
improvised or devised under the pressure of ad hoc conditions, and the human rights
obligations to which Italy is internationally committed must be met. The Special
Rapporteur invites UNHCR and CIR to maintain a permanent presence in the CPTAs and
identification centres in order to monitor the identification procedures used.
88.
Because of the lengthy waits before asylum-seekers appear before the National
Commission for the Right of Asylum, many of them drift into illegal situations.