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A/HRC/23/46/Add.3 General Assembly United Nations A/HRC/23/46/Add.3 General Assembly Distr.: General 30 April 2013 Original: English Human Rights Council Twenty-third session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report by the Special Rapporteur on the human rights of migrants, François Crépeau Addendum Mission to Italy (29 September–8 October 2012)* ** Summary The Special Rapporteur on the human rights of migrants conducted a visit to Italy from 29 September to 8 October 2012. He visited Rome, Florence, Palermo, Trapani, Bari and Castel Volturno, and held consultations with Italian Government officials at central and local levels, civil society organizations, and migrants themselves. While recognizing that Italy has developed a large apparatus of laws and policies directed towards managing irregular migration and border management, much remains to be done in order to ensure the full respect for the human rights of migrants. * The summary of the present report is circulated in all official languages. The report itself, which is annexed to the summary, is circulated in the language of submission only. The appendix is circulated as received, in the language of submission only. ** Late submission. GE.13-13480 A/HRC/23/46/Add.3 Annex [English only] Report by the Special Rapporteur on the human rights of migrants, François Crépeau, on his mission to Italy (29 September–8 October 2012) Contents Paragraphs Page I. Introduction ............................................................................................................. 1–4 4 II. General background on Italy and migration: a brief overview ................................ 5–10 4 III. Normative and institutional framework on migration and border management ...... 11–35 5 A. International legal framework ......................................................................... 11–12 5 B. Regional framework ....................................................................................... 13–14 6 C. National legal, institutional and policy framework ......................................... 15–31 6 D. Italy and the EU: Influence on national laws, policies and institutions in the sphere of migration management and border control ..................................... 32–35 10 IV. Border management ................................................................................................ 36–55 10 A. Rescue at sea ................................................................................................... 37–39 10 B. Cooperation with FRONTEX ......................................................................... 40–42 10 C. Bilateral agreements ....................................................................................... 43–55 11 V. Detention of migrants in an irregular situation ........................................................ 56–85 14 A. Detention practices and legislation ................................................................. 57–62 14 B. Conditions of detention ................................................................................... 63–71 15 C. Length of detention ......................................................................................... 72–74 17 D. Access to justice in detention .......................................................................... 75–78 17 E. Asylum seekers ............................................................................................... 79 18 F. Special categories of detainees ....................................................................... 80–83 18 G. Alternatives to detention ................................................................................. 84–85 19 VI. Cross-cutting concerns ............................................................................................ 86–89 19 A. Labour exploitation ......................................................................................... 86–88 19 B. Terminology ................................................................................................... 89 20 2 A/HRC/23/46/Add.3 VII. Conclusions and recommendations ......................................................................... 90–131 20 A. Normative and institutional framework for the protection of the human rights of migrants .......................................................................... 91–94 20 B. Border management ....................................................................................... 95–99 21 C. Bilateral agreements ....................................................................................... 100–104 21 D. Detention ........................................................................................................ 105–116 21 E. Asylum seekers ............................................................................................... 117–119 22 F. Cross-cutting concerns .................................................................................... 120–125 23 G. Recommendations to the European Union ..................................................... 126–131 23 3 A/HRC/23/46/Add.3 I. Introduction 1. From 29 September to 8 October 2012, the Special Rapporteur on the human rights of migrants, François Crépeau, conducted an official visit to Italy. The visit was undertaken as part of the Special Rapporteur’s year-long study on the human rights of migrants at the borders of the European Union (EU). Accordingly, the focus of this report focuses on external border control, and does not provide a comprehensive overview of the broader human rights situation of all migrants in Italy. 2. During his mission, the Special Rapporteur visited Rome, Florence, Palermo, Trapani, Bari and Castel Volturno. He met with representatives of the Ministry of Interior, Ministry of Justice, the Italian Coast Guard, the Civil Protection Agency, the Guarda di Finanza, FRONTEX, and members of the Senate Commission for Human Rights. He also met with regional and local authorities and visited a number of Identification and Expulsion Centres (CIEs), liaised with the United Nations High Commission for Refugees (UNHCR) and the International Organization for Migration (IOM), and met with many migrants, many of whom were in an irregular situation. 3. The Special Rapporteur also consulted with numerous civil society organizations, lawyers, and academics working in the field of migration. He participated in a workshop organized by the Migration and Policy Centre at the European University Institute which brought together Italian and international experts in the field of Italian migration law and EU border management. 4. The Special Rapporteur expresses his sincere appreciation to the Government of Italy, for the support provided throughout the visit. He further thanks IOM and UNHCR for their support and assistance. II. General background on Italy and migration: a brief overview 5. Since the late 1800s, Italy was one of the leading emigration countries in Europe. Only in the early 1970s did Italy experienced net immigration. Since the 1980s, Italy transformed into of one Europe’s most important immigration countries. 6. At the outset of the Italian immigration experience, immigration to Italy was viewed as a temporary phenomenon, a stopgap for persons on their way to other European destinations. Yet the steady rise in numbers of migrants to Italy throughout the 1980s soon made it apparent that Italy was becoming a destination in its own right. 7. Indeed, since 2000, Italy increasingly became a key destination country for irregular migrants from North and sub-Saharan Africa, embarking on perilous voyages across the Mediterranean, often from Libya, on unseaworthy vessels, and without proper crew or equipment. The Special Rapporteur notes that one reason for the arrivals of migrants, particularly from the Southern shore of the Mediterranean, has been Italy’s proximity to the North African coastline and its extensive sea borders. Ongoing irregular sea arrivals have remained one of the key challenges of Italian border management. 8. Although data varies, estimates indicate that between 440,000 and 540,000 persons with an irregular migration status may currently b e in Italy. The Special Rapporteur notes however, that these statistics reflect only those irregular migrants who come into contact with the Italian authorities and thus may not provide a comprehensive overview. 4 A/HRC/23/46/Add.3 9. The Special Rapporteur notes that Italy experienced a sharp spike in the number of irregular sea arrivals in 2011, as a result of the Arab Spring. Approximately 60,000 irregular migrants arrived as part of the 2011 influx from North Africa.1 The Special Rapporteur notes that subsequent research has indicated that this was a sui generis event, and that irregular migration to Italy in the subsequent years has returned to the levels prior to the Arab Spring.2 10. Mixed migration flows also appear to be increasingly arriving on the eastern coast of Italy by boat across the Adriatic Sea. It appears that many migrants are crossing the Adriatic. Whilst these movements involve an internal EU border, in many cases the persons concerned are third country nationals, who may in fact be in need of international protection, including unaccompanied minors and potential asylum seekers. Migrants reportedly hide themselves in dangerous ways as stowaways on commercial ferries coming from Patras and Igoumenitsa in Greece to Ancona, Bari, Brindisi and Venice
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