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27 April 2000
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CESCR
22nd Session
27 April 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon began its consideration of the third periodic report of Italy on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing his country's report, Claudio Moreno, Italy’s Ambassador to the United Nations and other international organizations at Geneva and head of the delegation, said that perhaps the most important event that had characterized the recent evolution of the country had been, and still was, the continuous and massive entry into the territory of a relevant number of foreigners. Besides the original stream of non-EU citizens that had entered Italy -- on what should be considered, formally, an illegal basis -- new tragic events had had a blatant effect on illegal immigration in the country. The events were strictly linked to the evolution of the situation in the Balkans. Thousands of Bosnians, Albanians and Kosovars had entered Italy, some on a temporary basis, some with a perspective of obtaining a work or resident permit, and some trying to reach other European countries through the territory of Italy.
Such dramatic immigration, Mr. Moreno said, put pressure on public services, especially access to public housing. Still, he said, Italy had a strong tradition of tolerance for immigrants. Italian civilization would not have existed without the contributions of foreign influences like Arab and Spanish influences. The country was very attached to diversity, and it had been throughout its history.
Committee experts asked the delegation questions about its efforts to implement the Covenant, including queries concerning implementing provisions of the treaty in Italy's domestic laws, and the inclusion of a human rights curriculum in Italy's higher education system.
The Italian delegation also included Luigi Citarella, the chairman of Italy's Inter-Ministerial Committee for Human Rights; Michele Dau, a human rights expert; Franca Polsinelli of the Ministry of Labour; Enrica Amaturo of the Department of Social Affairs; and Piero Zocchi of the Ministry of Public Instruction.
As one of the 143 States parties to the International Covenant, Italy is obligated to submit periodic summaries on the measures taken to implement the provisions of the treaty.
When the Committee reconvenes at 10:45 a.m. on Friday, 28 April, it will continue its consideration of the Italian report.
Report of Italy
The third periodic report of Italy (E/1994/104/Add.19) details the measures taken by the Government to implement the provisions of the International Covenant on Economic, Social and Cultural Rights. The report addresses, on an article-by-article basis, the enjoyment of these rights.
In the introduction, the report states that the Italian political scene has undergone some very radical changes in the period of time covered by the report. The political elections of 1994 led the coming into office of a centre-right Government. The new Government had a short life, and a replacement Government was implemented until new elections were held in April of 1996.
The report also describes the influx of foreigners into Italy, and protections undertaken by the Government to ensure immigrants are afforded the same rights and protections enjoyed by other citizens.
Introduction of the Report
CLAUDIO MORENO, the Ambassador of Italy to the United Nations and other international organizations at Geneva, said the International Covenant on Economic, Social and Cultural Rights had a characteristic that made it almost a unique instrument amongst all international instruments that dealt with different aspects of human rights. In fact, the rules of the Covenant implied a dynamic approach. States that ratified the Covenant had an obligation to make continuous efforts to improve progressively their standards in the different fields covered by the Covenant. Along this line, and in compliance with this principle, Italy was making relevant, progressive improvements in the whole of its system.
He said perhaps the most important event that had characterized the recent evolution of the country had been, and still was, the continuous and massive entry into the territory of a relevant number of foreigners. Besides the original stream of non-EU citizens that had entered Italy -- on what should be considered, formally, an illegal basis -- new tragic events had a blatant effect on illegal immigration in the country. The events were strictly linked to the evolution of the situation in the Balkans. Thousands of Bosnians, Albanians and Kosovars had entered Italy, some on a temporary basis, some with a perspective of obtaining a work or resident permit, and some trying to reach other European Countries, passing through the territory of Italy. Also a conspicuous number of Kurds and citizens of different Magreb region countries had contributed in this exceptional increase of non-EU presence in Italy.
The different evolution in the entrance flows of the various groups of foreigners reflected itself on the duration of their permanence on Italian territory. Mr. Moreno said that according to the date of entry displayed on the residence permit, it was possible to identify diverse typologies of immigrants. The older immigrants were the African citizens, approximately two-thirds had been present in Italy for more than five years and 18 per cent had been present for more than a decade. These were followed by the Asiatic community -- 54 per cent of whom had been present for at least five years and with a high number that had been in the country for longer than a decade. This was due to the former immigration of Filipinos, a quarter of whom had been residing in the country for more than 10 years. Those coming from the Indian sub-continent represented an exception, in that they arrived in more recent times. The immigration from Central and Latin America mainly dated back to a later period -- only 42 per cent of these immigrants had been residing in the country for five years or more. This held true particularly for individuals coming from Peru and the Dominican Republic. At the bottom of the scale were the citizens from Eastern Europe, a mere 31 per cent of whom had been in Italy for at least five years.
Women constituted 41.9 per cent of the immigrants present on the Italian territory for more than 10 years, Mr. Moreno said, but that percentage shrunk if Muslim countries were considered. Women hardly made up 3 per cent of Senegalese immigrants, and 5 per cent of Algerians, Tunisians and Moroccans. The percentage was raised by such countries such as the Dominican Republic, Brazil and the Philippines. In fact, women from these countries who had been present for more than five years represented respectively 82 per cent, 87 per cent, and 67 per cent.
Mr. Moreno noted that as of 1 January 1998, among the immigrants coming from the countries with a high rate of emigration, those that had been present in the country for more than a quinquennium were just over half the total immigrant population. The possibility of acquiring Italian citizenship, by naturalization, depended upon how long the immigrant had been in the country.
The gradual increase of the female component in the immigrant groups was to be attributed, mainly, to reunions with family members, Mr. Moreno said. It was the male family members who mainly first emigrated to Italy. In 1992, the female component was 39.9 per cent, a figure that increased six years later to 44.8 per cent. This increase had been higher for countries with a high rate of emigration.
The presence of a large number of foreigners in Italy had an impact on many important aspects of Italian life and on the legislation and other means to cope with the relevant problems. Many of the foreigners entered illegally and then asked for recognition of the status of refugees.
Mr. Moreno said the large immigration phenomena of the country could be singled out with regards to one important factor -- the progressive and evident stabilization of foreign citizens on the Italian territory. It had given rise to the need of finding suitable solutions for immigrants housing needs by means of a differentiated approach covering emergency and ordinary conditions. Under the Testo Unico 286/98, foreigners regularly present on the national territory had the right of access, on equal grounds with Italian citizens, to residential and public housing.
An interesting provision in the Testo Unico concerned the involvement of employers in the seeking of housing solutions. An article in it read that employers must ensure appropriate housing facilities to immigrants and their families by means of their own resources.
Concerning possible discriminatory incidences toward foreign individuals who were in need of adequate housing facilities and subsistence means on the Italian territory, the 1998/40 law dictated that the regional and local entities should act in a preventive manner to carry out initiatives geared towards integration and social inclusion of foreigners. Further, the law provided for the full equality of treatment for foreign workers with Italian citizens with regards to the right to public housing.
Mr. Moreno said that another problem that should be mentioned concerned the protection of members of minorities against all forms of discrimination. This was evident in the approval of a law in December aimed at the protection of the language and culture of the Albanian, Catalan, Germanic, Slovenian and Croat populations, as well as of those groups speaking French, Franco-Provenzal, Friulan, Ladino, Occitan and Sardinian, with a view to valorize the languages in question.
The linguistic minorities that found themselves scattered throughout different regions or provinces could establish consultative and coordination organ which the local authorities had the power to recognize.
Moreover, the law contained a number of specific provisions regarding the domains of culture and teaching. In particular, a wide place was dedicated to public teaching, in the different grades of schooling, of the languages to which protection had been granted and of the related traditional cultures.
Discussion
In response to questions asked by Committee members about his presentation of the report, Mr. MORENO said he had focused his comments so much on immigrants because it was the major phenomena which the country had to face. Italian civilization would not have existed without the contributions of foreign influences, without Arab and Spanish influences. The country was very attached to diversity, and it had been throughout its history.
He said it was a new thing to have an influx of hundreds of thousands of new people, who were fleeing from war or disease. The country was trying to quickly adjust to the new situation.
Mr. Moreno said the entire region should be committed. Otherwise, it would be an immense burden on only one country. The situation should become an example of global solidarity. If Italy could reach an agreement with all the countries of the region, and if the country could prepare for the influx, then things would be easier. Right now, the country did not know how many boats were coming with how many people.
Answering a question about xenophobia, Mr. Moreno said most people in Italy would have said that it was not a problem. Italy was a country of migrants. There were more Italians outside of Italy than inside.
Regarding the trafficking of migrants, drug trafficking, and prostitution, he said these were problems that came with a massive influx. There was a terrible chain of criminality. This was at the basis of intolerance. The notion of trafficking in migrants was unknown just a few years ago, and now it was written specifically in the domestic criminal code.
Prostitution of minors was a widespread phenomena, and drugs were the last, but not the least problem. This was related to people who were clandestine in a country. Italy had introduced very rigid legislation requiring tighter employment checks by inspectors. It also requested those working illegally to denounce their employers.
Migrants were needed to introduce new blood into a country, new experiences, and new perspectives. Italy welcomed immigration. The country would like an organized and planned immigration, and then it would be able to take responsibility for the new immigrants.
Answering a question about the Roma minority, he said it was an Italian problem. Of the 130,000 Roma population, as much as 80 per cent were Italian citizens, so they could go where they wanted to. There were still some attached to the nomadic system, but that was not compulsory. The Italian Senate was considering a draft law that would recognize the Roma as a linguistic minority. It paid particular attention to the schooling of Roma minors.
Concerning a question about not adopting all of the Covenant into the domestic laws, the delegation said a judge could apply any rules of any Covenant to which Italy had signed. Judges were made aware of the Covenant, and were able to take courses to familiarize themselves with its details. The rules of the Covenant had an immediate and direct impact.
Asked why some universities taught human rights, and other did not, the delegation said the universities were free to teach what they liked. Some universities offered Master's programmes in human rights.
Asked about the low number of women in the workforce, the delegation said that in 1998, women accounted for 36 per cent of the workforce, and recently, the number of women in employment rose 2.1 per cent while the number of men rose 0.1 per cent. For self-employed women, there was a 22 per cent rise, while at the same time, there was a rise for men of 15 per cent. Maybe the exception was in the political scene. In that sector, the presence of women has had a lot of ups and downs. It was possible that a quota for women in Parliament would be set.
* *** *
22nd Session
27 April 2000
Afternoon
The Committee on Economic, Social and Cultural Rights this afternoon began its consideration of the third periodic report of Italy on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing his country's report, Claudio Moreno, Italy’s Ambassador to the United Nations and other international organizations at Geneva and head of the delegation, said that perhaps the most important event that had characterized the recent evolution of the country had been, and still was, the continuous and massive entry into the territory of a relevant number of foreigners. Besides the original stream of non-EU citizens that had entered Italy -- on what should be considered, formally, an illegal basis -- new tragic events had had a blatant effect on illegal immigration in the country. The events were strictly linked to the evolution of the situation in the Balkans. Thousands of Bosnians, Albanians and Kosovars had entered Italy, some on a temporary basis, some with a perspective of obtaining a work or resident permit, and some trying to reach other European countries through the territory of Italy.
Such dramatic immigration, Mr. Moreno said, put pressure on public services, especially access to public housing. Still, he said, Italy had a strong tradition of tolerance for immigrants. Italian civilization would not have existed without the contributions of foreign influences like Arab and Spanish influences. The country was very attached to diversity, and it had been throughout its history.
Committee experts asked the delegation questions about its efforts to implement the Covenant, including queries concerning implementing provisions of the treaty in Italy's domestic laws, and the inclusion of a human rights curriculum in Italy's higher education system.
The Italian delegation also included Luigi Citarella, the chairman of Italy's Inter-Ministerial Committee for Human Rights; Michele Dau, a human rights expert; Franca Polsinelli of the Ministry of Labour; Enrica Amaturo of the Department of Social Affairs; and Piero Zocchi of the Ministry of Public Instruction.
As one of the 143 States parties to the International Covenant, Italy is obligated to submit periodic summaries on the measures taken to implement the provisions of the treaty.
When the Committee reconvenes at 10:45 a.m. on Friday, 28 April, it will continue its consideration of the Italian report.
Report of Italy
The third periodic report of Italy (E/1994/104/Add.19) details the measures taken by the Government to implement the provisions of the International Covenant on Economic, Social and Cultural Rights. The report addresses, on an article-by-article basis, the enjoyment of these rights.
In the introduction, the report states that the Italian political scene has undergone some very radical changes in the period of time covered by the report. The political elections of 1994 led the coming into office of a centre-right Government. The new Government had a short life, and a replacement Government was implemented until new elections were held in April of 1996.
The report also describes the influx of foreigners into Italy, and protections undertaken by the Government to ensure immigrants are afforded the same rights and protections enjoyed by other citizens.
Introduction of the Report
CLAUDIO MORENO, the Ambassador of Italy to the United Nations and other international organizations at Geneva, said the International Covenant on Economic, Social and Cultural Rights had a characteristic that made it almost a unique instrument amongst all international instruments that dealt with different aspects of human rights. In fact, the rules of the Covenant implied a dynamic approach. States that ratified the Covenant had an obligation to make continuous efforts to improve progressively their standards in the different fields covered by the Covenant. Along this line, and in compliance with this principle, Italy was making relevant, progressive improvements in the whole of its system.
He said perhaps the most important event that had characterized the recent evolution of the country had been, and still was, the continuous and massive entry into the territory of a relevant number of foreigners. Besides the original stream of non-EU citizens that had entered Italy -- on what should be considered, formally, an illegal basis -- new tragic events had a blatant effect on illegal immigration in the country. The events were strictly linked to the evolution of the situation in the Balkans. Thousands of Bosnians, Albanians and Kosovars had entered Italy, some on a temporary basis, some with a perspective of obtaining a work or resident permit, and some trying to reach other European Countries, passing through the territory of Italy. Also a conspicuous number of Kurds and citizens of different Magreb region countries had contributed in this exceptional increase of non-EU presence in Italy.
The different evolution in the entrance flows of the various groups of foreigners reflected itself on the duration of their permanence on Italian territory. Mr. Moreno said that according to the date of entry displayed on the residence permit, it was possible to identify diverse typologies of immigrants. The older immigrants were the African citizens, approximately two-thirds had been present in Italy for more than five years and 18 per cent had been present for more than a decade. These were followed by the Asiatic community -- 54 per cent of whom had been present for at least five years and with a high number that had been in the country for longer than a decade. This was due to the former immigration of Filipinos, a quarter of whom had been residing in the country for more than 10 years. Those coming from the Indian sub-continent represented an exception, in that they arrived in more recent times. The immigration from Central and Latin America mainly dated back to a later period -- only 42 per cent of these immigrants had been residing in the country for five years or more. This held true particularly for individuals coming from Peru and the Dominican Republic. At the bottom of the scale were the citizens from Eastern Europe, a mere 31 per cent of whom had been in Italy for at least five years.
Women constituted 41.9 per cent of the immigrants present on the Italian territory for more than 10 years, Mr. Moreno said, but that percentage shrunk if Muslim countries were considered. Women hardly made up 3 per cent of Senegalese immigrants, and 5 per cent of Algerians, Tunisians and Moroccans. The percentage was raised by such countries such as the Dominican Republic, Brazil and the Philippines. In fact, women from these countries who had been present for more than five years represented respectively 82 per cent, 87 per cent, and 67 per cent.
Mr. Moreno noted that as of 1 January 1998, among the immigrants coming from the countries with a high rate of emigration, those that had been present in the country for more than a quinquennium were just over half the total immigrant population. The possibility of acquiring Italian citizenship, by naturalization, depended upon how long the immigrant had been in the country.
The gradual increase of the female component in the immigrant groups was to be attributed, mainly, to reunions with family members, Mr. Moreno said. It was the male family members who mainly first emigrated to Italy. In 1992, the female component was 39.9 per cent, a figure that increased six years later to 44.8 per cent. This increase had been higher for countries with a high rate of emigration.
The presence of a large number of foreigners in Italy had an impact on many important aspects of Italian life and on the legislation and other means to cope with the relevant problems. Many of the foreigners entered illegally and then asked for recognition of the status of refugees.
Mr. Moreno said the large immigration phenomena of the country could be singled out with regards to one important factor -- the progressive and evident stabilization of foreign citizens on the Italian territory. It had given rise to the need of finding suitable solutions for immigrants housing needs by means of a differentiated approach covering emergency and ordinary conditions. Under the Testo Unico 286/98, foreigners regularly present on the national territory had the right of access, on equal grounds with Italian citizens, to residential and public housing.
An interesting provision in the Testo Unico concerned the involvement of employers in the seeking of housing solutions. An article in it read that employers must ensure appropriate housing facilities to immigrants and their families by means of their own resources.
Concerning possible discriminatory incidences toward foreign individuals who were in need of adequate housing facilities and subsistence means on the Italian territory, the 1998/40 law dictated that the regional and local entities should act in a preventive manner to carry out initiatives geared towards integration and social inclusion of foreigners. Further, the law provided for the full equality of treatment for foreign workers with Italian citizens with regards to the right to public housing.
Mr. Moreno said that another problem that should be mentioned concerned the protection of members of minorities against all forms of discrimination. This was evident in the approval of a law in December aimed at the protection of the language and culture of the Albanian, Catalan, Germanic, Slovenian and Croat populations, as well as of those groups speaking French, Franco-Provenzal, Friulan, Ladino, Occitan and Sardinian, with a view to valorize the languages in question.
The linguistic minorities that found themselves scattered throughout different regions or provinces could establish consultative and coordination organ which the local authorities had the power to recognize.
Moreover, the law contained a number of specific provisions regarding the domains of culture and teaching. In particular, a wide place was dedicated to public teaching, in the different grades of schooling, of the languages to which protection had been granted and of the related traditional cultures.
Discussion
In response to questions asked by Committee members about his presentation of the report, Mr. MORENO said he had focused his comments so much on immigrants because it was the major phenomena which the country had to face. Italian civilization would not have existed without the contributions of foreign influences, without Arab and Spanish influences. The country was very attached to diversity, and it had been throughout its history.
He said it was a new thing to have an influx of hundreds of thousands of new people, who were fleeing from war or disease. The country was trying to quickly adjust to the new situation.
Mr. Moreno said the entire region should be committed. Otherwise, it would be an immense burden on only one country. The situation should become an example of global solidarity. If Italy could reach an agreement with all the countries of the region, and if the country could prepare for the influx, then things would be easier. Right now, the country did not know how many boats were coming with how many people.
Answering a question about xenophobia, Mr. Moreno said most people in Italy would have said that it was not a problem. Italy was a country of migrants. There were more Italians outside of Italy than inside.
Regarding the trafficking of migrants, drug trafficking, and prostitution, he said these were problems that came with a massive influx. There was a terrible chain of criminality. This was at the basis of intolerance. The notion of trafficking in migrants was unknown just a few years ago, and now it was written specifically in the domestic criminal code.
Prostitution of minors was a widespread phenomena, and drugs were the last, but not the least problem. This was related to people who were clandestine in a country. Italy had introduced very rigid legislation requiring tighter employment checks by inspectors. It also requested those working illegally to denounce their employers.
Migrants were needed to introduce new blood into a country, new experiences, and new perspectives. Italy welcomed immigration. The country would like an organized and planned immigration, and then it would be able to take responsibility for the new immigrants.
Answering a question about the Roma minority, he said it was an Italian problem. Of the 130,000 Roma population, as much as 80 per cent were Italian citizens, so they could go where they wanted to. There were still some attached to the nomadic system, but that was not compulsory. The Italian Senate was considering a draft law that would recognize the Roma as a linguistic minority. It paid particular attention to the schooling of Roma minors.
Concerning a question about not adopting all of the Covenant into the domestic laws, the delegation said a judge could apply any rules of any Covenant to which Italy had signed. Judges were made aware of the Covenant, and were able to take courses to familiarize themselves with its details. The rules of the Covenant had an immediate and direct impact.
Asked why some universities taught human rights, and other did not, the delegation said the universities were free to teach what they liked. Some universities offered Master's programmes in human rights.
Asked about the low number of women in the workforce, the delegation said that in 1998, women accounted for 36 per cent of the workforce, and recently, the number of women in employment rose 2.1 per cent while the number of men rose 0.1 per cent. For self-employed women, there was a 22 per cent rise, while at the same time, there was a rise for men of 15 per cent. Maybe the exception was in the political scene. In that sector, the presence of women has had a lot of ups and downs. It was possible that a quota for women in Parliament would be set.
* *** *