Documento a cura dell' A.S.G.I.
Diritti umani: l'Italia accoglie parzialmente le raccomandazioni ONU
Qui di seguito trovate il brano riguardante l'Italia nell'ambito della riunione tenutasi ieri in occasione dell’esame periodico universale (Universal periodical review) da parte del Consiglio dei Diritti Umani delle Nazioni Unite  che aveva presentato 92 raccomandazioni al Governo italiano nei mesi scorsi.Di queste, 78 sono state accolte , 2 accolte parzialmente e 12 rigettate.

Universal Periodic Review for Italy

LAURA MIRACHIAN, Permanent Representative of Italy to the United Nations Office at Geneva, said the Universal Periodic Review had significantly contributed to assess Italy’s domestic situation in the field of human rights. Italy’s national report was the product of an open and comprehensive consultative process which had benefited from input from the State Administration and civil society. Important decisions concerning migration policy would be taken within the legal and political framework of the European Union, through a coordinated approach which must encompass sustainability, social integration and rule of law as complementary aspects of the same phenomenon. During the interactive dialogue, Italy had received 92 recommendations. The Italian authorities had considered all recommendations, each of which was an opportunity to re-examine Italy’s position on the issue it raised. Italian authorities had convened two meetings with civil society organizations and the review and responses had been the subject of two Parliamentary hearings.
Italy had given a positive answer to the great majority of recommendations; out of the 92 recommendations Italy had accepted 78 and two recommendations had been accepted partially while 12 had not been accepted. Many recommendations focused on challenging areas where the Government recognized that further attention was required, such as integration policies and equal opportunities. Some concrete decisions had already been taken over the last months and weeks. For example, the Italian Parliament had concluded the ratification process of the Warsaw Convention on the protection of victims of human trafficking a few days ago; a further 200 million Euro had been allocated to integration policies for migrants, particularly in the labour sector; and the Minster for Equal Opportunities would soon launch an updated National Action Plan against racism and racial discrimination. Those measures had been taken in a particularly difficult financial moment related to the international crisis.
IDRISS JAZAIRY (Algeria) said Italy had shown its commitment to human rights by welcoming most of the recommendations that were submitted to it. The Algerian delegation had the pleasure and honour of making a contribution to the interactive dialogue on the report and Italy had accepted three of their recommendations. With respect to the fourth recommendation and in light of difficulties encountered by migrant workers, Algeria would have liked Italy to accept Algeria’s recommendation that Italy become party to the Convention on the Protection of Migrant Workers and All Members of Their Families, and this could apply to other European countries as well. The Government representatives of certain European Union countries seemed to not take note of the position stated by members of their parliaments which suggested that they become party to the convention. Italy had also provided an exemplary case of its noble spirit when it settled its historic dispute with its former colony Libya and set an example for other former colonial powers. Algeria also welcomed Italy’s renewed commitment of development aid despite the difficulties posed by the current economic situation.
MOHAMMED ZARAN (Iran) said Iran would like the Italian delegation to elaborate on progress made in the following areas: the ratification of the Convention on the Protection of Migrant Workers and All Members of Their Families; providing adequate housing, education, employment and healthcare for the Roma community; developing a comprehensive set of measures to tackle racism and racial discrimination and to combat all its forms and manifestations; and developing a national integrated human rights plan.
ANDREI TARANDA (Belarus) said the Universal Periodic Review showed that the United Nations Human Rights Council had a close interest in Italy's policy with respect to protecting and promoting human rights - in total, 92 clustered recommendations were made, 44 of which Italy considered to be already implemented or in process of implementation. The good-will of Italy in implementing the rest would be a sign of its commitment to international human rights. Work must continue in combating trafficking in human beings, in particular by reducing the demand for the services of the victims of trafficking. There was also work to be done in finding a reasonable balance with regard to the massive inflows of migrants and national security and human rights. Discriminatory trends and racist acts must be reduced. The Universal Periodic Review was a mechanism for cooperation and should not be used as a tool for duress and thus Belarus sympathised with Italy's assertion that it could not implement certain recommendations.
JOHN C. MARIZ. (United States) said the United States commended Italy for enhancing its commitment to address human rights issues with the proposed establishment of a national independent commission for the protection and promotion of human rights. Italy should continue to ensure that freedom of expression in the media was guaranteed, and should adopt further measures and safeguards to ensure the independent functioning of all media, without the influence of the State. The United States recognized the challenges that Italy faced with the increased rates of immigration in recent years, and recommended that Italy ensure the rights of members of minorities. On the forced evictions of persons living in unauthorised camps, the United States encouraged Italy to intensify its efforts to consult with the affected residents prior to evictions. Italy was also urged to ensure that in its efforts to manage illegal migration it was complying with its relevant international human rights obligations, and to ensure that its procedures for interdictions at sea of would-be migrants included screening for protection concerns.
BAKIR AHMED AL-JAF (Iraq) said Iraq highly valued the efforts made by Italy to prepare its national report which reflected the desire of the Government to promote human rights. Iraq also valued the re-affirmation that the Italian Government would fully abide by the legislation and laws adopted recently, particularly with regards to security. In conclusion, Iraq wished further progress for Italy in all spheres, particularly in the sphere of human rights.
YUSUF MOHAMED ISMAIL (Somalia) said Somalia was glad to hear that Italy had accepted the vast majority of recommendations and that a detailed and transparent explanation had been given on all of these. Somalia sincerely welcomed the commitment demonstrated by Italy during the review process and looked forward to the implementation of the recommendations it had accepted. Somalia recalled the historic ties between Italy and Somalia and encouraged Italy to continue to devote attention and resources and to contribute to a lasting solution to the deep political and socio-economic crisis which had affected Somalia for so many years.
PHILIPPE DAM, of Human Rights Watch, said Human Rights Watch welcomed the report of Italy, but noted that numerous delegations had expressed concerns about xenophobia, particularly against migrants and minorities including Roma and Sinti. The response of the Italian Government had at best minimized the problem and at worst exacerbated the climate of intolerance. Elected officials, both at the local and national levels, had used inflammatory rhetoric, while policy and legislative action had reinforced a linkage between crime and persons deemed to be “foreigners”.
MAHMOUD REZA GOLSHANPAZHOOH, of Charitable Institute for Protecting Social Victims, in a joint statement with Organization for Defending Victims of Violence, said that reports had appeared over recent years regarding cases of xenophobic and intolerant attitudes as well as acts of discrimination against minorities. Although Italy claimed that the establishment of the National Office for the Elimination of Racial Discrimination and the Committee for the Protection of Foreign Minors alongside its 2006 National Action Plan Against Racism showed its concern in these regards, the Charitable Institute for Protecting Social Victims expressed continued concern about intolerant attitudes toward migrants and minorities and also regarding reported instances of hate speech against foreign nationals, Arabs, Muslims and Roma. The Charitable Institute for Protecting Social Victims also expressed a deep concern about the role of the media in associating Muslims with extremism and terrorism.
SAMUEL DANSETTE, of International Federation of Human Rights Leagues, said there were three areas of concern which had not been addressed or on which the replies of Italy were insufficient. The first area related to the marked increase of racist and discriminatory behaviour against migrants and the Roma and Sinti population, and judicial authorities still failed to prosecute and punish those responsible, although legal instruments were available. On the treatment and refoulement of illegal migrants and asylum seekers, Italýy's reply did not reflect the reality of the widespread practice of pushing back migrants in the high seas. Italy should decriminalise irregular entry to and stay on its territory. The third area of concern was the increasing restrictions to the freedom of expression and the right to information.
CATHERINA BEVILACQUA, of Amnesty International, said many recommendations were made to Italy to take effective measures against racism and to prevent discrimination against migrants, asylum seekers and members of minorities. There was longstanding concern at the numerous forced evictions that had affected and continued to affect the Roma and Sinti communities, and the measures taken so far were inadequate. Italy should ensure the prompt implementation of recommendations to ensure full compliance with international law on these evictions. Amnesty was very disappointed that Italy rejected the recommendation to incorporate into domestic law the crime of torture. Amnesty International also regretted Italýy's rejection of the recommendation to eliminate the provision in law which criminalised the irregular entry to and stay on Italian territory, and urged Italy to amend or withdraw these provisions.
DAVINIA OVETT BONDI, of International Save the Children Alliance, urged the Italian Government to prohibit corporal punishment and other forms of cruel or degrading punishment in all settings. That would ensure that all children enjoyed the same legal protection in accordance with article 19 of the Convention on the Rights of the Child. Save the Children was also concerned that the principle of the benefit of the doubt was not applied in the assessment of a child’s age, and that immigrants who arrived in Italy as children and had not been placed in integration projects for at least two years were not entitled to have their residence permits renewed once adults. Save the Children called upon the Government to introduce legislation for unaccompanied children which adequately safeguarded their rights, in particular with regard to age assessment and the renewal of residence permits when adults.
BIRO DIAWARA, of Rencontre africaine pour la défense des droits de l'homme, said Italy was traditionally a host countries for migrants and today saw major difficulties in that regard in spite of its attempts for regulation. Some migrants lived in extremely difficult conditions in Italy; they were over-exploited and worked up to 16 hours with a wage of 25 Euros a day, which was taken away from them by the local mafia. Nevertheless, Italy had contributed to the achievement of the Millennium Development Goals through the promotion of food security and drinking water in many developing countries, including in Africa. Rencontre Africaine pour la defense des Droits de l’Homme requested Italy to establish a favourable framework to rehabilitate victims of human trafficking and to launch a dialogue with border countries to put an end to the distress of migrants.
GEORGE GORDON-LENNOX, of Reporters without Borders - International, said Italy seemed to be drifting with regards to press freedom, separation of media, and press powers including the criminalizing of publication of transcripts from phone wire tapping and restraints on the utilization of cameras. Such attempts to jeopardize freedom of the press meant journalists did not have the capacity to inform the public. In a great conflict of interest, Silvio Berlusconi controlled the three public TV channels and controlled private media groups through his son, which was alarming given that the Gaspari law did away with restriction on media ownership. Mr. Belusconi had manifested hostility against investigative journalism and civil suits against journalists, threats against the press, and the cancellation of political debates on RAI were examples of this hostility. There were many journalists under police protection due to their reports on the mafia, reports that Mr. Belusconi said gave Italy a bad image.
BJORN VAN ROOSENDAHL, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), in a joint statement with Federatie Van Netherlandse Verenigingen Tot Integratie Van Homoseksualiteit - Coc Nederland, said there remained concerns that the legal protection for lesbian, gay, and bisexual persons only existed in the area of employment. Further legal protection from discrimination on the grounds of sexual orientation and gender identity must be developed and implemented. Taking note of an increased level of violence against lesbian, gay, bisexual and transgender people over the last decades, sexual orientation and gender identity also needed to be included in appropriate hate crimes legislation, and training on these grounds should be provided to police and relevant authorities. Public awareness and information campaigns should also be implemented to promote tolerance and respect on these grounds. The International Gay and Lesbian Alliance noted that Italy had made much progress, but felt it was necessary to work on further development of anti-discrimination protection and to actively work on the implementation of such laws.
ATTILLO GOLIMBERTI, of Franciscans International, said Franciscans International welcomed the acceptance by Italy of a significant number of recommendations provided by other States, and appreciated the clarity provided around the recommendations that were partially accepted, and the provision of the reasons behind these decisions. Italy should put in place a follow-up mechanism and continue the dialogue with civil society. Franciscans International regretted that Italy had declined to ratify the International Convention on the Rights of All Migrant Workers, citing that Italian legislation already guaranteed most of the rights contained in the Convention, and because it did not draw any distinction between regular and irregular migrants. Franciscans International acknowledged this position but invited Italy to consider leading a consultation process to review the convention among the members of the European Union.
CAROLA CARAZZONE, of Volontariato Internzionale per lo Sviluppo, said no Italian national human rights institution would take the floor - Italy remained one of the few European countries without any such body, nor an Ombudsperson nor a commission in compliance with the Paris Principles and relevant resolutions of the General Assembly and the Council of Europe. There was deep concern for the continuous delaying of the concrete realization of such a mechanism during the last decade. Italy should consider the establishment of a national human rights institution as a matter of urgency, and should avail itself of the technical advice of the National Institutions Unit of the Office of the High Commissioner for Human Rights, as well as the Council of Europe, in order to take advantage of their expertise with regard to the application of the Paris Principles.
LAURA MIRACHIAN, Permanent Representative of Italy to the United Nations Office at Geneva, in concluding remarks, said the Government recognized that Italy’s situation with regards to migration was not perfect, but that situation was improving as part of an ongoing process. Up to 20 or 30 years ago Italy had been a country of massive emigration and suddenly it had become a country of immigration, giving rise to a number of problems. The Government’s principle in dealing with migrants was to make a distinction between regular and irregular migrants so as to encourage regular migrants and discourage irregular migrants. It was for that reason that Italy was not able to sign the Convention on the Rights of All Migrant Workers and Members of their Families which did not make that distinction. Responding to questions on the main components of Italy’s policies, Ms. Mirachian said the first point was to fight organized crime which had been taking advantage of unfortunate people. Italy had been intensifying that fight and called upon all of its partners to do the same. The second goal was to work with the countries of origin. Those countries were supposed to have the best conditions for development but that was sometimes not the case. The citizens who left the countries were often the country’s best resources which often gave rise to a dangerous brain-drain. Italy’s third line of action was collaboration with transit countries that were also responsible for a more humane treatment of migrants. Ms. Mirachian said Italy was particularly committed to the protection of migrants’ rights and fully recognized their contribution to Italy’s society and economy and aimed for their full integration.
The last available figures were those of 2008 and they showed that the Italian authorities had rescued more than 40,000 people in the sea. However, it was dramatic that not everyone could have been rescued and Italy used common patrol vessels in the Mediterranean Sea to help deal with that problem. As for the Roma communities, that was an important issue that Italy had been trying to deal with. Over the last 10 to 15 years massive groups had arrived and their integration had proven to be difficult. However, episodes of violence against Roma communities had been condemned by all political forces, they were subject to rigorous investigations and the Government was committed to improve that situation. Responding to comments on racism, racial discrimination and xenophobia episodes in Italy, Ms. Mirachian said the Government did not deny that that existed and it was committed to eradicate that phenomenon. With regards to the comment made by Iran on Italy’s non-constructive vote on the events in international waters in front of Gaza, Ms. Mirachian said it had not been easy for Italy to vote against that resolution and there was a long story behind that.
The Council then adopted the outcome of the Universal Periodic Review process of Italy.