Implementation of Selected OSCE Commitments on Human Rights and Democracy in Italy
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Implementation of Selected OSCE Commitments on Human Rights and Democracy in Italy Independent Evaluation Report on the occasion of the Italian OSCE Chairmanship 2018 Implementation of Selected OSCE Commitments on Human Rights and Democracy in Italy Independent Evaluation Report on the Occasion of the Italian OSCE Chairmanship 2018 Content Introduction 5 1. The Implementation of the OSCE Commitments Relating to Migration in Italy 11 2. Italy and the Implementation of the OSCE Commitments on Women Peace and Security 51 3. The Implementation of the OSCE Commitments on Trafficking in Human Beings by Italian Authorities 85 4. The Implementation of the OSCE Commitments to Fight Violence against Women in Italy 133 5. The Implementation of the OSCE Commitments in Italy in Contrast to Racism, Xenophobia and anti-Semitism 171 Conclusions 205 3 Introduction In 2018, Italy takes over the Chairmanship of the Organization for Secu- rity and Co-operation in Europe (OSCE). The Organization, which counts 57 participating States from North America, Europe and Asia, is the larg- est regional security organization and it is well known for having played a significant function during the Cold War, serving as an important multilat- eral forum for dialogue and negotiation between East and West. Recently, the OSCE has regained its role as a major regional player in response to the crisis in Ukraine, Nagorno-Karabakh, Transnistria and Georgia. Thanks to its peculiar nature and its presence in the terrain with field missions, it represents a unique entity capable of facilitating dialogue as a fundamen- tal tool to prevent conflict escalation. Ever since the establishment of the Organization, formerly known as the CSCE (Conference on Security and Cooperation in Europe) in 1975, Italy has assured its support to OSCE both financially (Italy is the third largest contributor to OSCE’s unified budget) and with human resources (excluding the Special Mission to Ukraine, Italy is currently the top contributor of officials to OSCE). Furthermore, this year is the second time Italy steers the wheel of OSCE since it has previ- ously taken the Chairmanship in 1994 in a post-Cold War era. Beginning with the Helsinki Final Act signed in 1975, the 57 partici- pating States have adopted several politically binding commitments relat- ing to the so-called human dimension security concept. Although they are not legally binding, the OSCE commitments encourage States to observe internationally recognized standards, and represent a political instrument to promote legislation within its member States. All OSCE participating States have agreed that lasting security cannot be achieved without re- specting of human rights and democratic institutions. In 2010, these com- mitments have been reinforced at the Astana Summit in Kazakhstan, in which States have reaffirmed their support to the comprehensive approach to security based on three main areas: trust and transparency in the po- litico-military field, rational economic and environmental policy and, the full-fledged respect of human rights, basic freedoms and the rule of law. 5 Implementation of Selected OSCE Commitments on Human Rights and Democracy in Italy 1. The Practice of the State Reporting System from 2014 to 2018 The practice of an evaluation report is not new, and it has become a good practice for OSCE States since when the Swiss Chairmanship intro- duced its first report in 2014. The aim of the Report1 was to review the implementation status of existing commitments in the human dimension of the Swiss Chairmanship of the OSCE in 2014 and, to assess the credibility of the country chairing the OSCE, vis-à-vis the respect of the fundamental values of the Helsinki Final Act and other commitments. Italy, on a voluntary basis, follows the examples of the Swiss,2 the Serbian,3 the German4 and the Austrian5 Chairmanships in the presenta- tion of the Report as an example of a well-established good practice with the aim of strengthening the role of OSCE as a regional actor and to pro- mote the effective implementation of the OSCE commitments. In this regard, Italy, through its Ministry of Foreign Affairs and Inter- national Cooperation requested the Sant’Anna School of Advanced Studies (Scuola Superiore Sant’Anna) to draft under the guidance of Prof. Andrea de Guttry, Chair of Public International Law and Director of the ITPCM, an independent report on the implementation of selected OSCE human rights (human dimension) commitments undertaken by Italy. 2. Sant’Anna School of Advanced Studies The Sant’Anna School of Advanced Studies is an Italian public univer- sity institute – with special autonomy – working in the field of applied sci- 1 The Swiss Self-evaluation report is available at: http://www.skmr.ch/cms/upload/ pdf/141204_Self-Evaluation_OSCE_Chairmanship_Updated_Version.pdf. 2 Also based on the lessons learnt included in the Swiss report, which are: the strategic timeframe, the topic selection, the monitoring fatigue, the stakeholder familiarity with the OSCE. 3 The Serbian Self-evaluation report is available at: http://www.mfa.gov.rs/en/images/ Finalna_verzija_EN_1_5.pdf. 4 The German self-evaluation report is available at: https://www.institut-fuer-men- schenrechte.de/fileadmin/user_upload/Publikationen/Weitere_Publikationen/Implementa- tion_of_Selected_OSCE_Commitments_on_Human_Rights_and_Democracy_in_Germa- ny_09_2016.pdf. 5 The Austrian self-evaluation report is available at: https://volksanwaltschaft.gv.at/ downloads/fhu08/OSZE%20Berichtsentwurf.pdf. 6 Introduction ences including Economics and Management, Law and Political Sciences. In 2018, the Times Higher Education World University Rankings,6 ranked Sant’Anna School number one university at the national level, number 151 at the global level, and number nine at the world level as best young uni- versity. Within the Sant’Anna School of Advanced Studies operates the In- ternational Training Programme for Conflict Management (ITPCM), which has a more than 20 year long consolidated tradition in researching linkages between human rights and conflict management theory and practice. Since its birth in 1995, advanced research activities have been promoted and a strong expertise has been developed in a number of fields: peacekeeping, humanitarian assistance, election monitoring, human rights promotion and protection, post-conflict rehabilitation.7 3. Goal and Purpose of the Report During its 2018 Chairmanship, Italy underlined the importance of tak- ing a pro-active approach to OSCE’s three security “dimensions” (politico- military, economic and environmental, human rights) and on the new tran- snational threats (terrorism, cyber security, combating illegal trafficking). In addition, it reaffirmed that high priority shall be given to the Third Dimension (human rights), in the belief that respecting rights, fundamen- tal freedoms and the rule of law are aspects that are indissolubly tied to security. The goal of this report is to evaluate how the political OSCE commit- ments in the area of the “human dimension” are being implemented in and by Italy. More in particular, a reconnoitring of selected relevant human rights commitments has been undertaken with the objective of displaying major challenges and ways and means enacted to overcome them. The report is an independent document prepared by the Sant’Anna School of Advanced Studies in close consultation with civil society ac- tors, academia and governmental institutions as relevant stakeholders. 6 The Times Higher Education World University Rankings is available at https://www. timeshighereducation.com/. 7 More information about the International Training Programme for Conflict Manage- ment are available at the following link: https://www.santannapisa.it/it/istituto/dirpolis/itpcm- international-training-programme-conflict-management. 7 Implementation of Selected OSCE Commitments on Human Rights and Democracy in Italy Italy, as the country chairing the Organization commissioned this report to lead by example and to make sure that it respects the fundamental values and other commitments with the ultimate goal of ensuring the credibility of the OSCE and fostering other members to continue with this practice. 4. The Methodology Used to Prepare this Report The methodology used in the preparation of the report is similar, al- though not identical, to the one used in previous editions by the other Chairmanships and includes the involvement of relevant stakeholders like civil society actors, academia and governmental institutions. The research work revolved around two pillars: (a) Time frame of the research: the temporal scope of the research covers the last 5 years and (b) thematic scope of the research: the objective of the report will be to criti- cally evaluate the implementation status of OSCE commitments in selected thematic areas in Italy. The preparation of the report was organized in three main phases: The first phase included the identification of fifteen possible themes, which were submitted to more than 200 relevant Italian stakeholders, iden- tified among civil society actors, NGOs, academia and governmental insti- tutions. Answering specific questions, thanks to an online survey, these ac- tors were able to give their preferences for the themes that they considered more relevant and to be analysed in the report. As a result of the survey, the stakeholders which, demonstrated an active engagement, open criticism and a clear interest in the exercise, identified five main areas – Migration, refugees and asylum