A new tool for managing migratory flows: humanitarian corridors

(To Marco Valerio Verni)
27/02/17

That the management of migratory flows is an issue of difficult solution is demonstrated by the bitter political polemics resulting from them, the financial scandals resulting from them, the numerous deaths at sea, the alarm launched by the Pontiff (which, just on the eve of the "Day World of the Migrant and the Refugee ", last January, wanted to draw attention above all to the shameful condition of the children involved, who are"three times defenseless because they are minors, because they are foreign and because they are defenseless, when, for various reasons, they are forced to live far from their homeland") And, certainly not least in importance, the doubts raised about the possible mixing, in different ways, of this trafficking in human beings (both in terms of" smuggling "and" trafficking ") with international terrorism: waiting for more incisive, structured, and broader actions are implemented, it seems in the meantime to collect interest and, within certain limits, to be a harbinger of possible solutions in this regard, the relatively new instrument, little known and, above all, not widespread in the media , implemented for several months by some voluntary organizations, "humanitarian corridors".

An all-Italian idea, promoted by the Federation of Evangelical Churches in Italy (FCEI), by the Community of Sant'Egidio and supported by the Waldensian Table, completely self-financed, which is also gaining interest in other European countries.

Humanitarian corridors: what they consist of

Through a protocol of agreement with the Italian government, the associations involved send on the spot of the volunteers, who make direct contacts with the refugees in the countries involved in the project, prepare a list of potential beneficiaries to be transmitted to the Italian consular authorities, which after the control by the Ministry of Inside, they issue "humanitarian" visas with Limited Territorial Validity. The latter, which constitute an exceptionally exceptional exception to the common regime of Uniform Visas, are issued by the diplomatic or consular representation (in this case Italian) present in the territory of origin of the possible beneficiary, when, not in the presence of all the conditions prescribed for the release of the first (Uniform Visas), it still retains particular details humanitarian reasons, Or of national interest, or arising from international obligations or, in any case, of particular reasons of urgency or necessity.

In this way, if on the one hand you avoid that the refugees venture into rather dangerous journeys and the outcome is uncertain, on the other you can make their own "selection" at the origin, in their own territory of origin, through an activity investigation, carried out by the Italian authorities themselves, which already allows "on the spot"To understand who can actually pay in a situation of need and who does not: once they arrive in Italy legally and safely, the above (refugees, who, pending, according to what reported on the website of the same Community of Sant'Egidio "Are welcomed at the expense of our associations in structures or homes. We teach them Italian, we enroll their children in school, to encourage integration in our country and help them look for a job ") may apply for asylum.

International protection: the asylum application in Italy

As anticipated, once arrived in Italy, the refugee can request asylum in our country by presenting an application for recognition of the refugee status.

This institution can be accessed by a foreign citizen who, due to the fear of being persecuted for reasons of Razz (we refer, in particular, to considerations related to skin color, descent or belonging to a specific ethnic group), religion (including atheistic beliefs and participation / abstention in / from cult rituals celebrated in private or in public, either individually or in community, other religious acts or professions of faith, as well as forms of personal or social behavior based on a religious belief or prescribed by it), nationality (it does not refer exclusively to citizenship but also, more simply, to belonging to a group characterized by a cultural, ethnic or linguistic identity, common geographical or political origins or its affinity with the population of another State), belonging to a specific social group (to be understood as constituting members who share an innate characteristic or a common history that can not be changed or share a characteristic or faith that is so fundamental to the identity or consciousness that a person should not be forced to renounce it) or political opinion (refers, in particular, to the profession of an opinion, a thought or a belief about a question concerning potential persecutors and their policies or methods, regardless of whether the applicant has translated this opinion, thought or belief , in concrete acts), is located outside the territory of the country of which he is a citizen and can not or, because of this fear, does not want to make use of the protection of his country.

The same rules also apply to stateless Persons (ie to those people without nationality) who, for the same reasons, do not want to return to the country where they previously had their habitual abode.

Further requirements

In order for the refugee status to be recognized, without prejudice to the above, further circumstances will need to be investigated, namely the quality of the persons responsible for the alleged persecution and, as regards the latter, the nature of the acts in which it could materialize.

Thus, as to the first (responsible for the persecution or serious harm in the country of origin of the foreigner) they will necessarily have to be:

  1. the state;

  2. parties or organizations that control the state or a substantial part of its territory;

  3. also subjects not belonging to the State if, however, the latter refuses to provide protection against persecution or serious damage.

 As for the latter, the acts of persecution that can be assessed for the purposes herein will have to:

  1. be sufficiently serious, by their nature or frequency, to be a serious violation of the human rights ;

  2. constitute the sum of several measures, including human rights violations, the impact of which is serious enough to have an effect on the person similar to the violation of fundamental human rights.

By virtue of the foregoing, and by way of example, they may therefore be considered persecution:

  1. acts of physical or mental violence, including sexual violence;

  2. legislative, administrative, police or judicial provisions, which are discriminatory by their very nature or are implemented in a discriminatory manner;

  3. judicial actions or disproportionate or discriminatory penal sanctions;

  4. the denial of access to legal safeguards and consequent disproportionate or discriminatory sanction;

  5. acts specifically directed against a gender or against childhood.

Subsidiary protection

To what has been said so far, it should be added that, in the event that there were no grounds for granting refugee status to a foreigner, if the latter is in grave danger in his country (Idem for stateless persons, with regard to the country where they previously had their habitual residence), a particular protection called subsidiary protection.

As in the case of asylum, it is a form of international protection, recognized in the presence of serious damage arising from the applicant as:

  1. the death sentence;

  2. torture or other form of inhuman punishment or treatment;

  3. the serious and individual threat to the life or person of a civilian resulting from indiscriminate violence in situations of internal or international armed conflict.

According to the numbers, if last year, they were little more than 500 the people who came to Italy with this procedure, the first arrival in Fiumicino of the first forty refugees welcomed in 2017 by our country (especially from Aleppo, Homs and Damascus) is already in the month of last January, but we are already working to help refugees coming from Morocco Nigeria, from Somalia and from the Horn of Africa, with the clear intention of avoiding their passage through the disastrous Libya).

Surely, a drop in the ocean, as also said the president of the FCEI, pastor Luca Maria Negro (who added: "For this reason, as promoters of the initiative together with the Community of Sant'Egidio and the Tavola Valdese, we are not tired of asking sister churches abroad to try to replicate the project. Today we are pleased to announce that advanced negotiations are ongoing both in France and in the Netherlands, while in Germany and Switzerland it has been shown keen interest in the initiative"), But that certainly seems to be a valid tool for regulating migratory flows, recognizing protection for those who really escape from dangerous situations, as is appropriate for any self-respecting country.

Certainly, however, looking at political action, it must, as said, be carried out to a wider extent, seeking, at the same time, also through the action of international organizations to this, to ensure that these situations of danger, cease to exist in the places of origin: otherwise, we will always be destined to face the consequences, without ever curing (or limiting) the causes. Risking to have to give reason to those who, in the recent past, claimed that some of them (international organizations) have become «just a club for people who find themselves, chat and have fun».

Who knows if the memorandum signed earlier this month between the Italian Prime Minister, Paolo Gentiloni and the Libyan Prime Minister, Fayez Al-Serraj, for the fight against illegal migratory flows, can not be considered a first step in this direction, if it is true that it (memorandum) concerns " our commitment to strengthen Libyan institutions in combating illegal immigration"(Gentiloni) and that"illegal immigration is a crime against humanity and the memorandum aims to protect the lives of immigrants and to repatriate them according to international rules"(Serraj).

As Pope Francis himself concluded in his message launched on the occasion of the "World Day of Migrants and Refugees", mentioned above, "It is absolutely necessary, therefore, to address the causes that cause migration in the countries of origin. This requires, as a first step, the commitment of the entire international community to extinguish the conflicts and violence that force people to flee. Moreover, a forward-looking vision is required, capable of providing adequate programs for the areas affected by the most serious injustices and instability, so that everyone can be assured of access to authentic development, which promotes the good of boys and girls, hopes of humanity.".

(photo: Community of Sant'Egidio)