Category Archives: Chamber of Deputies

The Promotion of Human Rights in the Italian Parliamentary Practice of 2016

Italian Governments have long considered human rights protection as a fundamental guiding principle of their foreign policy. In a number of cases, Italy has thus used its diplomatic pressure to criticise human rights infringements committed by other States. In this area, Italy has increasingly acted in coordination with its European partners and in the framework of relevant international organisations, from the United Nations (UN) to the European Union (EU) and the Council of Europe (CoE). Moreover, Italy has often referred explicitly to international human rights treaties to remind other countries of their legal obligations in the field.

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The Minister of Foreign Affairs, Mr. Paolo Gentiloni Silveri, on arms export from Italy to Saudi Arabia

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 699th MEETING, 26 OCTOBER 2016.

On 26th October 2016, during a question time taking place at the Chamber of Deputies, the Minister of Foreign Affairs, Mr Paolo Gentiloni Silveri, clarified the Italian position on arms export to Saudi Arabia. He stated:

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The position of Italy on the UNESCO Executive Board’s decision 200 EX/25 and the ‘Al Aqṣa Mosque/Al-Ḥaram Al-Sharif’ or ‘Temple Mount’ question

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 699th MEETING, 26 OCTOBER 2016.

On 26 October 2016, the Minister of Foreign Affairs and International Cooperation, Mr Paolo Gentiloni Silveri, answered three parliamentary questions regarding the abstention of Italy on Decision 200 EX/25 on Occupied Palestine approved by the UNESCO Executive Board on 13 October 2016. The decision was adopted with 24 votes in favour, 6 against, and 26 abstentions. The text of the decision regrets ‘the Israeli refusal to implement previous UNESCO decisions concerning Jerusalem’ and deplores ‘the failure of Israel, the occupying Power, to cease the persistent excavations and works in East Jerusalem particularly in and around the Old City’. In section 25.1.A, the decision makes reference to several issues related to the ‘Al Aqṣa Mosque/Al-Ḥaram Al-Sharif’ condemning, inter alia, ‘escalating Israeli aggressions […] against the freedom of worship and Muslims’ access to their holy site’, as well as deploring ‘the continuous storming’ of the mosque ‘by Israeli right-wing extremists and uniformed forces’. In doing so, the resolution does not make reference to the Jewish ‘Temple Mount’. Mr Gentiloni started by illustrating the Italian position on the Israeli-Palestinian conflict more generally:

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The Italian Government’s position on the negotiation and approval of CETA

Throughout 2016, the Italian Government was called upon on several occasions to express its position on the negotiation and approval of the Comprehensive Economic and Trade Agreement between Canada and the EU (CETA). In May 2016, the Government – in contrast with the wide majority of the other EU Member States – announced its willingness to consider CETA as a “EU only agreement”, falling within the sole competence of the EU as part of its commercial policy. On the contrary, in July 2016 the EU Commission decided to qualify CETA as a “mixed agreement”, subject to the approval of each of the national parliaments of the EU Member States. The Government’s view on the matter was expressed in particular on the following occasions:

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The Minister of Defence, Ms. Roberta Pinotti, on the involvement of Italy in the US operations against ISIS in Libya

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 667th MEETING, 3 AUGUST 2016.

On 3 August 2016, the Minister of Defence, Ms. Roberta Pinotti, answering a parliamentary question on the alleged involvement of Italy in the US air operations against ISIS in Libya, stated:

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The Government’s Position Vis-à-vis Egypt on the Killing of the Italian National Giulio Regeni

At the beginning of 2016, the Italian national Giulio Regeni was murdered in Cairo in unclear circumstances. This soon became a major issue in the foreign policy of Italy and a cause of tension in its relations with Egypt. The event is here illustrated through the accounts given by the members of the Italian Government themselves, on the occasion of official reports to the Parliament. At the same time, some important political and legal aspects are also briefly addressed.

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Italy’s Initiatives in the Enrica Lexie Case Following the Order of ITLOS to Suspend National Court Proceedings Pending Arbitration

In the course of 2016, the controversy of Italy with India, widely known as the Enrica Lexie case, was an important subject of discussion and debate in the Parliament. The events triggering the dispute date back to 15 February 2012, when two Indian fishermen were killed off the western coast of India, after a shooting incident involving Italian marines on-board the Italian-flagged oil tanker Enrica Lexie.

The subsequent arrest by Indian authorities of two Italian marines, Massimiliano Latorre and Salvatore Girone, sparked a controversy between the two countries; after unsuccessful attempts to settle the case through diplomatic means, on 26 June 2015 Italy decided to submit the dispute to international arbitration pursuant to Annex VII of the United Nations Convention on the Law of the Sea. Additionally, Italy sought provisional measures before the International Tribunal for the Law of the Sea, which ordered the suspension of all court proceedings against the two Italian marines, Massimiliano Latorre and Salvatore Girone, pending a decision on the issue of jurisdiction by the Arbitral Tribunal (The “Enrica Lexie” Incident (Italy v. India), Provisional Measures, ITLOS, Order of 24 August 2015). On 13 January 2016, the Indian Supreme Court was convened to discuss the situation of one of the two marines, Massimiliano Latorre, who had been allowed to repatriate to Italy for medical reasons.

The initiatives adopted by Italy in the case, including the position expressed before the Indian Supreme Court, were illustrated by members of the Government in particular in the two occasions detailed below:

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