Category Archives: General Assembly

Migration Policy and Management under the “Conte 1” Government

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The fight against “irregular” migration to Italy featured prominently in the election manifesto of the Lega (League – a right-wing political party) and was incorporated in the coalition agreement concluded between the two governing parties after the 4 March 2018 general election, namely the League and the Movimento 5 Stelle (Five Star Movement). Accordingly, on 5 June 2018, the President of the Council of Ministers, Mr Giuseppe Conte, outlined the approach on migration of the newly formed Italian Government during his first speech before the Senate of the Republic (9th Meeting, XVIII Legislature):

It is clear to everyone that the management of migratory flows as implemented to date has failed. Europe allowed – we must emphasize it – selfish positions by Member States, which ended up placing the burden, which should have been shared, on border States, first and foremost on Italy. That is why we will vigorously demand to go beyond the Dublin Regulation, so as to ensure actual compliance with the principle of equitable responsibility-sharing and implement automatic mechanisms for the mandatory relocation of asylum seekers. […]

We want asylum procedures to be well-established and swift, also with a view to more effectively ensuring that the rights [of asylum seekers] are guaranteed and that they do not live in uncertainty. […]

We must also re-organize the reception system and make it efficient with a view to ensuring the transparent use of public funds and preventing any infiltration by organized crime. Should there be no grounds for the stay [of migrants in Italy], we will take action to make repatriation procedures effective and, at the European level, to compel third States willing to conclude cooperation agreements with any EU Member States to ratify bilateral agreements for the management of migratory flows.

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The Scope and Means of Action of the United Nations Security Council as Seen by Italy during its “Shared Membership”

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Italy has a long tradition of taking public stances on issues concerning the United Nations (UN) in general, and the Security Council (SC) in particular. The most important of such issues is perhaps the reform of the SC, a hotly debated question on which Italy has been taking a leading position for many years, promoting a series of proposals around which a group known as “Uniting for Consensus” has gathered.[1] This very same theme has been discussed by Italian representatives at the UN also in 2017 and 2018, when they reiterated and further clarified their country’s view.[2] Those years also correspond to the biennium that saw Italy and the Netherlands share a split non-permanent seat at the SC (the former being a member in 2017). Therefore, Italy has recently had many occasions to express its ideas on the action of the SC.

It is well known that the role of the SC has been progressively expanding since the end of the Cold War, so that nowadays its activities have a far wider scope than that envisioned in 1945 by the drafters of the UN Charter. Such legal developments can be said to be, by now, largely accepted by the international community, and even those States that occasionally veto or anyhow oppose certain SC resolutions, sometimes do that inconsistently and by putting forth political rather than legal justifications.[3] This notwithstanding, the issue of how far-reaching the powers of the SC are remains the subject of scholarly debate and is still of some practical importance for States. From this perspective, it may be useful to review Italy’s stances on the action of the SC.

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Minister Plenipotentiary Tiriticco on the inchoate right to human dignity

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NEW YORK, 71st GENERAL ASSEMBLY MEETING ON THE REPORT OF THE INTERNATIONAL COURT OF JUSTICE, 27 OCTOBER 2016

On 27 October 2016, at the 71st General Assembly Meeting on the Report of the International Court of Justice, Minister Plenipotentiary Andrea Tiriticco, Director for International Legal Affairs at the Ministry of Foreign Affairs, reaffirmed Italy’s abidance by the international rule prohibiting the use of force in inter-State relations. In his words:

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Statement of the Minister of Foreign Affairs, Mr Gentiloni, on Freedom of Expression

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CHAMBER OF DEPUTIES, XVII LEGISLATURE, 339th MEETING, 26 NOVEMBER 2014.

On 26 November 2014, during a question time at the Chamber of Deputies, the Minister of Foreign Affairs, Mr Paolo Gentiloni Silveri, answered a parliamentary question by MP Gianluca Pini on Italy’s abstention during the voting of the UN General Assembly Resolution on the inadmissibility of certain practices related to the  Glorification of Nazism. The MP highlighted that in the case of the resolution – which was voted on 21 November 2014 – 115 were the favourable votes, 55 the abstentions (including Italy as well as all the EU member States) and 3 the contrary votes (Canada, the United States and Ukraine). He expressed astonishment at the decision of Italy to abstain, underlining that his country was not obliged to conform to the decisions of the other European countries.

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Statement by the Permanent Representative of Italy to the Conference on Disarmament at the Debate of the First Committee of the UN General Assembly

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NEW YORK, 69th SESSION OF THE UN GENERAL ASSEMBLY, FIRST COMMITTEE, GENERAL DEBATE, 13 OCTOBER 2014.

On 13 October 2014, during the general debate in the First Committee of the UN General Assembly, Italy’s Permanent Representative to the Conference on Disarmament, Amb. Vinicio Mati, expressed the position of Italy on disarmament and other related matters. First off, after declaring that Italy aligned itself with the statement made by the European Union, Mr Mati made some introductory remarks on the importance of a multilateral approach to the issue. He said:

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Italy’s Statement at the Debate on Social Development in the Third Committee of the UN General Assembly

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NEW YORK, 69th SESSION OF THE UN GENERAL ASSEMBLY, THIRD COMMITTEE, FIRST MEETING ON ITEM 26 (SOCIAL DEVELOPMENT), 7 OCTOBER 2014.

On 7 October 2014, during the debate in the Third Committee of the UN General Assembly, Italy’s Deputy Permanent Representative to the UN, Ambassador Lambertini, expressed the position of Italy on social development. After declaring that Italy aligned itself with the statement made by the European Union, Mr Lambertini addressed the issues of persons with disabilities, youth empowerment, rights of the elderly, gender equality, and role of families, including non-traditional couples, in the development process. He said:

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Mario Monti on Piracy and Exclusive Jurisdiction of the Flag State in International Waters

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On 26 September 2012, the President of the Council of Ministers, Mario Monti, intervened at the 67th Session of the U.N. General Assembly. Mr. Monti addressed, inter alia, the issue of piracy, which has important implications for Italy in light of the Enrica Lexie case and the ongoing controversy with India. After observing that piracy “is particularly troubling for its impact on the world economy and on the lives of seafarers”, Mr. Monti stated:

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