Category Archives: Human Rights

The Report of the Parliamentary Commission of Inquiry on the Death of Giulio Regeni

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On 1 December 2021, the Chamber of Deputies adopted the final report of the Parliamentary Commission of Inquiry (hereinafter, Commission) on the death of Giulio Regeni.[1] The Commission had been established by the same Chamber on 30 April 2019 to, among other things, “gather the elements necessary to clarify all the responsibilities and circumstances that led to the death of Giulio Regeni”.[2]

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The Legality of Sanctions Between the Condemnation of Their Extraterritorial Application and Humanitarian Concerns

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On 23 March 2021, the United Nations (UN) Human Rights Council passed a resolution entitled “The negative impact of unilateral coercive measures on the enjoyment of human rights”,[1] with the negative vote of 15 States, including Italy. One week later, on 31 March, during a joint session (7th Meeting, XVIII Legislature) of the Committee on Foreign and European Community Affairs (III) of the Chamber of Deputies and the Committee on Foreign Affairs, Emigration (3rd) of the Senate of the Republic, the Minister of Foreign Affairs and International Cooperation, Mr. Luigi di Maio, addressed and dispelled the allegations that Italy’s vote amounted to an endorsement of sanctions on Cuba (a Country that voted in favor of the resolution).

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Responsibility for the Spread of COVID-19 and Socio-economic Concerns in the Fight Against the Pandemic

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The year 2020 was marked by COVID-19, which was declared a pandemic on 11 March 2020 by the World Health Organization (WHO).[1] COVID-19 not only caused millions of deaths around the world, but it impacted almost every aspect of human life, from the world economy to personal freedoms and the right to healthcare.

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The Arrest and Continuous Detention of Egyptian Researcher Patrick Zaki

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On 7 February 2020, Patrick Zaki, an Egyptian researcher, was arbitrarily arrested by the Egyptian authorities at Cairo airport. He was returning home from Italy for a family visit. Since August 2019, he had been on leave from his job at the Egyptian Initiative for Personal Rights (EIPR) to study for a postgraduate degree at the University of Bologna. Upon his arrival at Cairo airport, Zaki was disappeared for 24 hours.

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The Classification of Italy’s Ports as Places Unsafe for Migrants Rescued by Foreign Vessels Outside the Country’s SAR Area

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Even though greatly reduced compared to the peaks of the previous years, migratory flows across the Mediterranean Sea towards Italy’s coasts continued in 2020 – as did the tragic deaths of migrants, compounded by the inaction of Southern European States, in particular Italy and Malta.

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The Non-recognition of the Venezuelan President Between Democratic Standards and the Principle of Non-intervention in the Internal Affairs of Other States

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Throughout 2018, the situation in Venezuela remained highly volatile. In May, snap presidential elections took place and the incumbent President, Mr Nicolás Maduro, declared victory; however, the election results were recognized neither by the opposition (which had mostly boycotted the poll) nor by a large part of the international community.[1] On 5 August 2018, following an alleged drone attack against Maduro, a further crackdown on opposition leaders ensued.[2] In the meantime, a report by the International Monetary Fund estimated a 1,370,000 percent inflation by the end of the year,[3] while the United Nations (UN) High Commissioner for Refugees reported that 1.5 million Venezuelans had left the country since the beginning of the crisis and the number of asylum applications had spiked.[4]

The year 2019 started with the official inauguration of Maduro’s second term as President of Venezuela, on 10 January. On 23 January, however, Mr Juan Guaidó, President of the National Assembly (the Venezuelan Parliament) and leader of the opposition,[5] declared himself interim President of Venezuela by relying on Article 233 of the Constitution, which attributes the interim presidency to the head of the National Assembly should the President become “permanently unavailable to serve”.[6] Venezuela thus plunged into political and institutional chaos.

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The Italian Policy on Migration as Expressed by the Government(s) in 2019

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Throughout 2019, the issue of migration made the headlines in Italy, constantly monopolizing the political debate. Besides such mediatization, the topic was discussed by the Italian Government in two main respects: on the one hand, in relation to its domestic facet – security needs underlying the measures restricting the protection status of migrants and the rescue activities of non-governmental organizations (NGOs) – and, on the other hand, as regards its external projections – the relationship between Italy and Libya and the relocation of migrants among the States of the European Union (EU).

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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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The Threatened Demolition of the Khan al-Ahmar “Rubber Tire School” in the Occupied Palestinian Territory

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The Khan al-Ahmar community is located in the West Bank, near the road that connects Jerusalem to the city of Jericho and the Dead Sea and not far from the Israeli settlements that rise to the east of the Holy City.[1] Its 180 inhabitants (35 Bedouin families) belong to the tribal group Jahalin, originating from Tel Arad, in southern Israel. Members of this clan were expelled by the Israeli army in 1951 and had to relocate in what was then a territory under the control of Jordan. Nowadays, their lands are formally located within the so-called Area C of the Occupied Palestinian Territories, which, under the Oslo Accords, is administered by Israel, and in particular on corridor E1, an area considered strategic for controlling the territory up to Jericho and for the expansion of the settlements. Families are extremely poor and live in temporary structures built without permits from the Israeli authorities, often funded by European countries. Villages are not connected to electricity, roads and the sewage system. They lack health and education infrastructures. Scattered in the area of Khan al-Ahmar live twelve Palestinian communities with roughly 1,400 inhabitants. The so-called “Rubber Tire School”, located in Khan al-Ahmar, serves 150 children from five different communities. The Italian NGO Terra di Vento established it in 2009 with an innovative project using mud and tires. Together with other infrastructures, it was funded by Italy, Belgium and the European Union.

Over the years, the Israeli authorities have confiscated and demolished existing facilities and issued several demolition orders to the detriment of the Bedouin communities of the Jerusalem area. As documented by the Israeli NGO B’Tselem, “from 2006 until the end of May 2018, 26 residential structures were demolished. 132 people were left without shelter, of which 77 were children and teenagers. In addition, 7 non-residential structures were demolished”.[2]

Several petitions were filed with the High Court of Justice in favor or against the demolition orders. The Israeli settlers petitioned the Court to have the demolition orders implemented, whereas the Palestinian communities tried to resist deportation. In this respect, the position of the Israeli Government is that the Khan al-Ahmar buildings were established without any permits and that residents have been offered an alternative location where the school would be reconstructed.[3]

On 28 May 2018, the Israeli High Court confirmed that the Government might demolish the homes of the residents of Khan al-Ahmar and the school.[4] On 4 July the Israeli civil administration started implementing the expulsion of the residents and the demolition of the buildings, but a subsequent petition to the Court froze the process. With a temporary injunction, the Court invited the parties to reach an agreement. The Government then insisted on the immediate relocation of the Palestinian community to a site in Abu Dis, near a garbage dump.[5] The Palestinian community refused the proposed solution and continued resisting to the expulsion and the destruction of their homes.

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