On April 12, 2023, more than 80 people died in a shipwreck in the Mediterranean Sea. In response, the Italian government passed the Cutro decree, named after the region where the accident happened. The aim of the legislation is to restrict the rights of migrants who reach Italian shores. This decree is the latest in a series of measures that impede the ability of search and rescue organizations to save lives in the Mediterranean Sea and to criminalize those that assist rescue missions. The government pushed through these legislative changes by introducing them through an emergency decree measure and limiting parliamentary oversight when the decree was converted into law.
The new law will have a devastating impact on migrants’ rights, including their ability to seek protection, access fair asylum procedures, and enjoy freedom of movement. Furthermore, it doubles down on the government’s focus on deterrence and criminalization. The law will likely make it harder for people to get “special protection,” a temporary but renewable right to remain in Italy on humanitarian and family grounds. Under the new law, migrants will no longer be able to convert the special protection into a work permit, which likely increases the number of undocumented workers in Italy.
The law extends the amount of time people can be detained pending deportation from a maximum of 120 days to a maximum of 135 days and introduces a new process to detain asylum seekers at the border for up to four weeks while their claim is processed under a new accelerated border procedure. Furthermore, the law removes access to vital services in first reception centers, such as psychosocial assistance, legal information, and language courses.
Rights organizations in Italy raised concerns over the far-right government’s use of extraordinary processes and the declaration of a state of emergency to respond to longstanding, structural issues such as migration. The Italian parliament’s own legislative committee flagged that a provision in the law that limits the right of appeal may be unconstitutional.
The law comes against a backdrop of rising discriminatory discourse, criminalization of aid to migrants, and continuing cooperation with Libya, where migrants face abuses the UN describes as crimes against humanity. Deaths at sea and repressive measures are the real emergency. Italy should reverse course and ensure a humane and rights-respecting response to sea crossings.
The humanitarian crisis in the Mediterranean is an issue that should concern every government and every individual, regardless of their nationality or political affiliation. The right to seek asylum and freedom of movement are fundamental human rights, and states have a responsibility to respect and protect them. The Mediterranean Sea has become a graveyard for thousands of migrants who have lost their lives while trying to reach safety and a better life. The EU and its member states, including Italy, have a legal and moral obligation to save lives at sea, to provide a safe haven for those fleeing persecution and violence, and to ensure access to a fair asylum process.
The Italian government’s recent actions undermine these obligations. Rather than offering a rational, humane response to the rise in people crossing the Mediterranean to reach Europe, the government’s focus on deterrence and criminalization is making the situation worse. This is not only a violation of migrants’ rights but also a failure to address the root causes of migration and displacement.
In conclusion, the Italian government should reconsider its policies and ensure they respect the rights of migrants. Instead of criminalizing migration, Italy should work towards developing a comprehensive, sustainable migration policy that promotes respect for human rights and dignity. At the same time, the international community should hold Italy and other member states accountable for their obligations under international human rights law and refugee law. The Mediterranean Sea cannot become a graveyard. We must act now to prevent more deaths and uphold human rights for all.
<< photo by Karolina Grabowska >>
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