At a time when the increase in migrant traffic in the Mediterranean is at an all-time high, Italy has enacted a law that further limits the rights of those migrants who make it onto Italian soil. The law, named the Cutro Decree after a tragic shipwreck in March 2023 that claimed the lives of more than 80 people, has just been approved by Italian authorities. Instead of offering a rational and humane response to the growing number of people crossing the Mediterranean to reach Europe, the law confirms the government’s position in favor of criminalization and deterrence of migration.
The government, an extreme right-wing administration, forced through the decree by using the emergency form of legislation and requesting a vote of confidence in parliament. Human rights NGOs in Italy have expressed concerns about the use of these extraordinary procedures and the state of emergency declared in April to respond to a long-term and structural phenomenon such as migration.
The new law will have disastrous consequences on the rights of migrants, compromising their ability to seek protection, access to fair asylum procedures, and freedom of movement. The Montecitorio Legislation Committee has also highlighted the risk of unconstitutionality, as one of the articles would effectively prevent appeals for requests for international protection deemed inadmissible.
With the Cutro Decree in force, it will be more difficult to obtain special protection, i.e., the temporary (but renewable) residence permit allowing migrants to stay in Italy for humanitarian and family reasons. It will no longer be possible to convert it into a work permit, a decision that would likely lead to an increase in irregular workers.
Among the planned measures, the maximum period of detention in repatriation centers has been extended from 120 to 135 days, and a new form of detention at entry points has been introduced for asylum seekers, who can be held for up to four weeks while their application is evaluated using a new and faster procedure. Furthermore, the law removes access to vital services in first reception centers, such as psychosocial assistance, legal counsel, and Italian language courses.
This provision is part of an increasing climate of intolerance and criminalization of humanitarian work. Meanwhile, cooperation with Libya continues; a country where migrants face abuse that the United Nations has called crimes against humanity. Deaths at sea and repressive measures are the real emergency. Italy must reverse course as soon as possible and respond to landings with humane solutions that respect rights.
The Conflict Between Migration and Human Rights
The migrant crisis in Italy poses a significant challenge to human rights. The Cutro Decree has exposed the country’s political and legal standards to further scrutiny, raising concerns about its human rights record. The tension between anti-migrant policies and human rights has been a source of conflict for several years, with political leaders in Italy using the issue to leverage votes and electoral victories.
This law, like others before it, aims to stigmatize and vilify migrants by perpetuating their marginalization and disenfranchisement. The measures targeted directly at migrants, temporary and undocumented workers, and asylum seekers, are particularly disturbing. They deny basic rights, including the right to family reunification, adequate housing, education, healthcare, and decent work conditions.
Furthermore, the Cutro Decree ignores the economic, social, and cultural value that migrant communities and individuals bring to Italy. It casts them as second-class citizens who are unable to contribute positively to society, framing them as burdens rather than assets.
The implications of the Cutro Decree are gravely concerning, not only for migrants but for all Italian citizens. The elimination of access to critical services and the extension of detention periods pose a real threat to human dignity and freedom. As such, the law should be subjected to immediate review, and necessary safeguards and protections must be implemented to ensure that human rights are respected.
A Call to Action
The migrant crisis in Italy requires a comprehensive approach that acknowledges the importance of human rights. The government must take swift action to address the problem, focusing on the root causes of migration, including political instability, conflict, and economic inequality.
The EU must also take responsibility for this crisis by providing financial and logistical support to Italy. Human rights organizations and civil society must continue to monitor developments and advocate for the protection of migrant rights. They must collaborate with regional and local authorities to implement policies that prioritize human dignity and freedom.
Ultimately, the migrant crisis in Italy is a test of the country’s adherence to human rights standards. The government must resist the pressure exerted by extreme right-wing factions and choose to protect the human rights of all people within its borders. Every individual, regardless of their status, is entitled to dignity, safety, and respect, and these values should be at the forefront of any policy designed to address migration.
<< photo by Andrés Chirrisco >>
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