The
Italian Senate has voted a bill that criminalises irregular migration and when
the bill finally becomes law, the Italian government could recognise 5,865
Gambians as illegal migrants.
The
Senate of The Republic of Italy, the highest house of decision making, has
voted against appeals in territorial courts from asylum seekers on 29 March
2017.
The
bill that criminalises irregular migration would be voted in the Chamber of
Deputies within 60 days and if endorsed by the deputies, it would automatically
become part of the laws of Italy.
With
the approval of the bill, asylum seekers who are rejected or refused
international protection by territorial commissions will have to appeal at the
High Court of Italy.
Analyst
said the bill was passed to the deputies in the bicameral system of Italy as a
response to the regularisation of migration.
Sandro
Marchisio, a police officer, said: “The bill is politically biased and needs
reconsideration before it becomes a law.”
The
bill, according to Mr Marchiso, “seeks for the acceleration of migration
proceedings and deportation of all those found to be “illegal migrants.
He
said when the bill becomes a law, a total transformation of the asylum system
in Italy would begin.
With
the new bill, the Italian government would see all rejected asylum seekers as
illegal migrants and such migrants can only seek appeals from the High Court
under special conditions.
According
to Arci and Caritas, the decision from the House of the Senate is identical to
“criminalising migration”.
According
to them, the many others see it at worst as criminalization of immigrants that
have failed their first asylum and at worst, as an oversimplification of
International Protection and lives of vulnerable human beings.
“This
legislative degree will quicken asylum procedures while pausing lots of
problems in the system for both the government and asylum seekers. We might be
seeing the end of a civilized asylum system that prioritize asylum seekers
rights’ of full security to appeal” says Emmanuale Ragussa, a migration Lawyer.
“It
is rather unfortunate that in a civilized world like ours, we cannot provide
defence for vulnerable people. But, anyone, familiar with the asylum system in
Italy will see it as a disappointment but not as a surprise. If you know the
unnecessary bureaucracy asylum seekers undergo to be recognised by the Italian
society, we would have seen this picture long since”, says, Paola Boldrini, a
migration layer
What
does it mean for Gambian migrants?
This
legislative degree which is seen to be in clear conflict with the Italian
constitution, and also in disagreement with other international legal
instruments such as the Geneva Convention that gave rights to asylum seekers to
seek redress at courts. But, the legality of
that ‘conventional approach’ is now questioned by the Italian
government. And become a law in the next two months but this might mean the
collapsing of the Italian Asylum System.
In
practice this will make appeals beyond the reach of many Gambians. Since the
so-called degree was argued also on economic bases, rejected asylum
seekers will not have the right to stay
in asylum centres plus many others. Once they are rejected, they will have to
undergo a long legal battle in the High Court. Procedures at the High Court of
Italy are expensive and involves a lot of substantiation.
How
will be Affected?
2016
figures of Asylum Information Database (Aida) have shown that 8,930 Gambians
have applied for asylum, among which 6,300 are pending, 225 are given refugee
status(2.6%), 240 are given subsidiary status (2.8%), 2350 given humanitarian
status (27.1%) and 5,865 (67.5% )are rejected protection of any kind.
“Majority
of Gambian asylum seekers cannot pay for their appeals at the High Court of
Italy” Buba Camara lamented.
The
Senate as an elected chamber and sharply restricts its ability to veto
legislation except the Constitutional Court. When this bill becomes a law in
the next 60 day, the 67. 5% (5865) will
all be automatically qualified by law as illegal immigrants and will be
deported by law.
