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It is in this context, that this paper will deal with the concerns of irregular
immigrants in Italy, on how does the political community (state) and the Church confront
the problem of irregular immigration. First, it will present a brief historical sketch of
immigration and its legislation in Italy which is an attractive place for migration and
human trafficking. Secondly, it will present the idea of solidarity in the light of the social
thought of Pope John Paul II as a principle of action in responding to the concern of
irregular immigration. Lastly, it will attempt to propose some principles of actions based
on solidarity to confront the growing concern of irregular immigration in Italy.
1
most preferred destination country of migrants. The transition of Italy to an immigration
country is caused by several factors such as the restriction of borders of the former
immigration countries in western Europe, the demand of external labor in the informal
sector, manufacturing industry and agriculture, and the growing reluctance of young
Italians of working age to assume the task in the service and “unskilled” (does not require
high degree and profession) labor sector.
the consistent use of immigrants in seasonal agricultural work and in the service
sector, especially in the area of domestic services and assistance to persons; a highly
segmented labor market; the presence of an irregular immigration component; the
initial absence of immigration regulations and the subsequent adoption of prudent
migration policies; and reduced access of immigrants to social integration measures,
even when provided for by legislation [...], a negative demographic trend and the
growing need for laborers.4
2 cf. EUROPEAN MIGRATION NETWORK (EMN), The Impact of Migration on Italy's Society, Nuova
Anterem, Rome 2004, p. 53., in www.emnitaly.it/rs-10.htm.
3 cf. http://www.dossierimmigrazione.it/schede/pres2009.htm.
4 EMN, The Impact of Migration …, p. 9.
2
overstayers, that is, persons who entered legally in the borders as tourist and remained in
the territory because they found jobs. Some of them are asylum seekers and political
refugees. Others are EU citizens with full right to mobility like the Romanians who are
often prejudiced as criminals and delinquents.5 The situation of irregular immigrants is
very complex. One needs to distinguish the particular cases and circumstances of their
irregularity. Its irregular nature poses many risks to the safety and protection of the
fundamental rights of the persons involved. According to the survey on illegal
immigration to Italy conducted by the University of Bari in 2003 using the sample of 920
irregular immigrants in the Centers of Temporary Permanence (CPT) as quoted by the
European Migration Network report, the predominant reasons of migration were
economic crises (85%), and social conflicts (70%), that they experienced in the previous
five years prior to migration.6 These people were forced to migrate in order to escape the
precarious economic and social conditions in their own countries. Their decision to
migrate is constrained by circumstances and not of a free choice.
Many of them are exploited such as inhuman working conditions and subjected to
12 hours of work receiving a meager remuneration. This reminds us of the Rosarno riot. 7
These people are deprived of their right and freedom of mobility because of their fear of
being identified and subsequently expelled by the state. Some employers took advantage
of their vulnerability by profiting from their tax, salary and trade union rights. 8 According
to Abdelmalek Sayad, a French-Algerian sociologist, as quoted by Parati “migrants
experience a double absence: absent as they are from their country of origin and a familiar
culture and pushed into a position of erasure and expendability at the margins of the
country of immigration.”9
5 cf. AMBROSINI, M., Migranti Irregolari: Politiche, Lavoro, Diritti, in “Aggiornamento Sociale” 02
(2009) p. 112.
6 cf. AMMENDOLA, C., et. al., (eds.), Irregular Migration in Italy, Resident Third Country Nationals in
Italy: State Approaches Towards Them and Their Profile and Social Situation, Nuova Anterem, Rome
2005, p. 36.
7 Rosarno is a town of Reggio Calabria in the southern part of Italy wherein hundreds of migrant workers,
most of them Africans working in the farms and living in an inhuman condition, staged a riot in protest,
that scores at least 37 wounded, including 18 police officers and 5 migrants last 8 January 2010.
8 cf. AMMENDOLA, C., et. al., (eds.), Irregular Migration..., pp. 38-40.
9 PARATI, G., Migration Italy: The Art of Talking Back in a Destination Culture, University of Toronto
Press, Toronto, Canada 2005, p. 25.
3
right to migrate. However, the distinction between legal and illegal migrants is not
defined in international norms. For instance, on the economic and social rights, (UDHR
Art. 22-23), any person has a right for a decent work and social security regardless of the
person's legal status.10 It is in this context that I would like to view this brief sketch of the
politics of migration in Italy.
During the first wave of migration to Italy in the '70s, there was no yet a clearcut
legal frame in which foreign workers can either be regularized or expelled. Legislation on
immigration came later in the mid-'80s due to “urgency factors than to a coherent
migratory policy, embracing the issue of flows and control and the one of integration.” 11
The following are some of the pertinent laws legislated. While most of them were
amended, the essential elements remained the same up to the present.
1. Law No. 943/1986 is a progressive legislation that placed the foreign workers with
a company contract on equal footing with the local workers. Though limited in its
coverage, it was a good initiative of recognizing their rights as workers.
4. Bossi-Fini Law 189/2002 (in effect) replaces the value of cultural pluralism with
assimilation. This introduces repressive measures against irregular immigrants and
diverts the budget for integration to border control and expulsion procedures. This
law bases its regulation of migration on,
4
All these laws bare the desire to systematize immigration in Italy. It bares with it
the goals of integration and cultural pluralism. But looking beyond its goals, the pertinent
driving principle of these laws is to control migration. In fact, from 1990 onwards the
number of expulsion orders rose sharply from 10,000 (1990) to 131,000 (2000). There
were also regularization being done which reached to the level of approximately
1,500,000 foreigners. However, in its hierarchy of priorities, it treats migration as a legal
and security issue rather than resources that can contribute to the economy of Italy as well
as the sending country. A migrant is not himself an economic good but can bring in
economic benefits.
Despite restrictive norms and regulations, the influx of illegal immigrants to Italy
increased significantly. Some developing countries because of economic crisis, promote
migration as an alternative. Like the case of the Philippines wherein the government,
instead of promoting local jobs and strengthening local industries, it legislates a law
called labor export policy (LEP), that will facilitate fast and easy procedures of getting
employment abroad. This resulted to the phenomenon of “brain drain” (mass exodus of
highly skilled laborers), and “brain waste” (the de-skilling of migrants, “a process by
which skilled labor within an economy is not used at its right level”). 15 Another reason are
civil conflicts and internal wars which caused a phenomenal rise in the number of
refugees (internal and external) daily. Refugees caught in the crossfire, left behind their
native land for reason of safety, security and the preservation of their human dignity. 16
Lastly, the copious demand of immigrant labors due to the inadequate supply of local
workforce. This resulted to expansion of the catchment area of irregular immigration.17
Impact of Migration
What impact then has irregular immigration to Italy? As I pointed out in the
preceding section of this paper, migrants in general (regular or irregular) bring economic
benefits to the host country. According to a local newspaper estimate by Il Sole 24 of
March 3, 2003 as quoted by the EMN study, that,
foreign workers pay an average of 2,800 euros per year in social security
contributions. If we keep in mind that there were 452,000 immigrant workers
registered with INPS (excluding those who applied for regularization) in 2003, we
can estimate that the institute received 1.27 billion euros. If we add the roughly
15 This term “brain waste” was coined by El Asri during the Euro-Mediterranean Border Management
International Conference “Fortress or Area of Freedom?” Berlin, May 19-20, 2009, in www.migration-
boell.de/web/ migration/ 46_2085.asp.
16 cf. Ibid.
17 cf. AMBROSINI, M., Migranti Irregolari …, pp. 115-116.
5
650,000 legalized immigrants to that figure, the revenues increase significantly.18
The growing aging population and the low fertility rate which even reaches to the point of
zero birth rate cause a significant reduction of the working population and a
corresponding problem of economic sustainability. In this way, irregular migrants
somehow contributes significantly to the package of resolving the financial imbalances of
the social security.19
Aside from its positive impact, I would like to cite two other disturbing impact. I
consider it disturbing rather than negative because it is still developing and difficult to
generalize, however existing. The first refers to the tendency towards the homogenization
of the Italian culture. This refers to the defensive attitude of some locals, and government
parliamentarians (center-right) against irregular immigrants, that influenced a lot to the
existing laws on immigration. They view irregular immigration as a social problem and a
delinquency without reflecting its contribution to the labor market. 20 This is clearly
manifested in the reactions of the locals against violence provoked by immigrants in big
cities, the institution of “ronda”, a civilian deputized patrol, and some isolated cases of
racism and xenophobia.
The second disturbing impact is the so-called subordinated integration. This refers
to the acceptance of an immigrant to a particular job that has been previously refused by
an Italian. This put the immigrant at the last position to access to most qualified jobs and
even to high salary and benefits.21 The parity of job opportunities regardless of color or
origin is put in abeyance. These disturbing realities need a further examination and
reflection in order to better response to the complexity of the issue.
18 cf. AMMENDOLA, C., et. al., (eds.), The Imapact of Immigration ..., pp. 25-26.
19 cf. Ibid.
20 cf. PARATI, G., Migration Italy …, p. 38.
21 cf. CAMPANI, G., Migration and Integration …, p. 8.
6
cover up its shadows.
Solidarity helps us to see the "other" whether a person, people or nation not just as
some kind of instrument, with a work capacity and physical strength to be
exploited at low cost and then discarded when no longer useful, but as our
"neighbor", a "helper" (cf. Gen 2: 18-20), to be made a sharer, on a par with
ourselves, in the banquet of life to which all are equally invited by God. (SRS,
39).22
He uses the image of a “neighbor” and a “helper” in its biblical sense that denote the
fundamental equality of all human beings. Migrants and refugees are our neighbors and
helpers. Thus, solidarity does not simply refer to a mere sentiment of sympathy or
closeness toward others but of a recognition of the dignity of “the other”.23
Recognizing the dignity of “the other” does not simply require an elaboration of
its concept, meaning and relevance. In the thought of John Paul II, such recognition
entails an action, concrete initiatives, and an authentic vision. This is embodied in the
principle of solidarity. Thus, treating the migrants as partners and protagonists for
authentic human development is the primary mission of solidarity. So, how does solidarity
actualize itself in this mission?
7
equality, and to desire for peace and unity. Notwithstanding with our differences and
uniqueness in many aspects, all those tendencies (transform into hope) are possible
because we hail from the same shoot and spring of life, the sole Creator.
Those who are more influential, because they have a greater share of goods and
common services, should feel responsible for the weaker and be ready to share
with them all they possess. Those who are weaker, for their part, in the same spirit
of solidarity, should not adopt a purely passive attitude or one that is destructive of
the social fabric, but, while claiming their legitimate rights, should do what they
can for the good of all. The intermediate groups, in their turn, should not selfishly
insist on their particular interests, but respect the interests of others. (SRS, 49)27
The migrants deserve such kind of respect and attention. This is not because of
their economic value but, because they are persons endowed with dignity and rights. They
25 cf. CURRAN, C., et. al., “Commentary on Sollicitudo rei Socialis”, in HIMES, K., et. al., (eds.),
Modern Catholic Social Teaching: Commentaries and Interpretations, Georgetown University Press,
Washington, DC 2005, p. 427.
26 JP II, Sollicitudo rei Socialis, 38.
27 Ibid., 39.
28 cf. BILGRIEN, M. V., Solidarity: A Principle, an Attitude, a Duty? Or the Virtue for an Independent
World, Ph.D. Diss., Pontifical University of St. Thomas, Rome, 1994, p. 148.
8
are part of this organic structure of human relations that effects sharing of resources for
the common good. They should not be viewed only in terms of legal status, though
important in matters of social order. As a consequence, any institution (public or private)
that is responsible for migrants should focused its efforts on how to facilitate their
integration into the society. John Paul II stresses this point in his address to the
participants to the 3rd World Congress of those engaged in the pastoral care of migrants
and travelers. Solidarity must be expressed in the everyday experience of assistance,
sharing and participation to migrants in the process of their real in integration in the
society that receives them.29
29 cf. JOHN PAUL II, Address to the Participants of the 3rd World Congress of Pastoral Care of Migrants
and Refugees, Rome 5 October 1991, in http://www.vatican.va/holy_father/john_paul_ii/speeches /
1991/october/documents/hf_jp-ii_spe_19911005_migranti-rifugiati_it.html.
30 JP II., Sollicitudo rei Socialis, 38
31 WOJTYLA, K., The Acting Person, D. Reidel Publishing, Boston, Massachusetts 1979, p. 285.
9
very nature of participation which aims at the perfection of all.32
32 cf. Ibid., cf. also Doran, K., Solidarity…, p. 151., Curran, C., et. al., Commentary on …, p. 427.
33 cf. JOHN PAUL II, Encyclical Centessimus Annus, 51.
34 cf. UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (USCCB), Called to Global
Solidarity, 12 November 1997, in http://www.usccb.org/sdwp/international/globalsolidarity.shtml.
35 J. P. II, Sollicitudo rei Socialis, 39.
36 BILGRIEN, M.V., Solidarity: A Principle …, p. 117.
10
The State cannot limit itself to "favoring one portion of the citizens", namely the
rich and prosperous, nor can it "neglect the other", which clearly represents the
majority of society. Otherwise, there would be a violation of that law of justice
which ordains that every person should receive his due. "When there is question of
defending the rights of individuals, the defenseless and the poor have a claim to
special consideration. The richer class has many ways of shielding itself, and
stands less in need of help from the State; whereas the mass of the poor have no
resources of their own to fall back on, and must chiefly depend on the assistance
of the State. (CA, 10).37
The Pope states clearly the reasons why the powerless claim special consideration
because the minority rich has the means to defend themselves. Such a special
consideration to the poor does not emanate from their dignity and rights, but to their
situation of defenselessness, and absence of necessary resources to allow them to respond
to their primary vocation towards integral human development and fullness of life. In a
statement issued by the general secretaries of three organizations, the United States
Catholic Conference (USCC), the National Council of Churches (NCC), and the
Synagogue Council of America entitled, “The Common Good: Old Idea, New Urgency”
states that, “In our vision of the common good, a crucial moral test is how the weakest are
faring. We give special priority to the poor and vulnerable since those with the greatest
needs and burdens have first claim on our own efforts. In protecting the lives and
promoting the dignity of the poor and vulnerable, we strengthen all of society.” 38 Anyone
who neglects this moral obligation violates the law of justice.
Kammer calls this special consideration to the poor as “standing with the poor”
which means “an active stance, a definite choice and a decision to crossover the line
drawn between most of us and the marginalized pushed to society's periphery.”39 It is like
putting oneself into an uncomfortable situation, and risk by going beyond in one's comfort
zones. It demands “a conversion from an individualistic emphasis on what is mine to a
radical vision of social life which does not distinguish my well-being from that of others
[…].”40
Solidarity with the poor does not mean helping the poor from a privileged
position, and reducing them as recipients and subjects of one's generosity. Standing with
them means cultivating a relationship characterized by mutual receptivity and reciprocity.
11
John Paul II in his address before the participants of the 18th Plenary Assembly of the
Pontifical Council Cor Unum (1990) points the sensitivity and necessity of including the
poor from participating in the solutions to their own problems.41 This implies getting the
migrants regardless of legal status organized, and giving them back the sense of their own
dignity, rights and trust in their ability to bring about change in the society.42
One of the ways that can empower the voiceless migrants is dialogue. In John Paul
II's message during the World Day of Peace in 1987, he says, “The spirit of solidarity is a
spirit open to dialogue. It finds its roots in truth and needs truth to develop. It is a spirit
that seeks to build up rather than to destroy, to unite rather than to divide.” 43 However in
the process of developing the truth, one cannot avoid opposition. “Opposition is not a
fundamental contradiction to solidarity.”44 It serves to ensure that the structures which
seek to promote the common good do not become too restrictive. It ensures that the laws
which regulate irregular immigration must be based on rational integration and not out of
fear of irregular immigrants.
Hon. Lamberto Dini, a former minister of Foreign Affairs of Italy has this to say:
Human beings are not commodities. When individuals move, they preserve their
roots, their specificity and their experience, even when they come into permanent
contact with societies different from their own. Hence the need for mutual
tolerance, to safeguard our respective customs and traditions. […]. The fears that
immigration sometimes generates should not lead industrialized countries to build
new walls and fences. Such fears reject contact with diversity and make some feel
as if they were strangers in their own country. A Europe built on fear, for example,
would ultimately cast immigrants as the imaginary enemy, as a race apart.45
41 cf. JOHN PAUL II, Discorso di Giovanni Paolo II ai Partecipanti alla XVIII Assemblea Plenaria del
Pontificio Consiglio «Cor Unum», 19 Novembre 1990, in http://www.vatican.va/holy_father/
john_paul_ii/ speeches/1990/november/ documents/ hf_jp-ii_spe_19901119_cor-unum_it.html.
42 cf. DORR, D., Option for the Poor: A Hundred Years of Catholic Social Teaching (revised edition),
Orbis Books, New York 2003, p. 202.
43 JOHN PAUL II, Message to the World Day of Peace Development and Solidarity: Two Keys to Peace, 1
January 1987, in http://www.vatican.va/holy_father/john_paul_ii/messages/peace/documents.
44 DORR, D., Option for the Poor …, p. 304.
45 Statement by the Minister of Foreign Affairs of Italy The Hon. Lamberto Dini to the 55th General
12
This statement appeals properly to the ideas regarding the call to solidarity to irregular
immigrants in Italy. Any policy on immigration should be guided by the fundamental
truths of human dignity, human rights and individual differences. The present laws of
immigration in Italy are posed as counter measures, screening policies and defensive
strategy. It is guided by fear and mistrust. Following the principle of solidarity,
immigration laws must be gird towards creating an atmosphere of co-existence and co-
responsibility in which immigrants and locals will demonstrate reciprocal responsibility.
As John Paul II says in his address to the Vietnamese refugees in the Philippines that,
“The problem of refugees must be confronted at its roots, that is, at the level of the very
causes of exile. The first point of reference should not be the interest of the […] national
security but the human person, so that the need to live in community […] will be
safeguarded.”46
13
locals to highly qualified jobs and just remuneration according to their skills and
profession, and not of nationalities.
Conclusion
The idea of solidarity in the social thought of John Paul II can be applied to the
problem of irregular immigration in Italy. It can serve as a guiding principle in its desire
to facilitate integration of migrants especially the irregulars into the society. Integration
then must be its primary goal, and not border control and expulsions. In this way, the
immigrants will be encouraged to actively and responsibly participate in the endeavors of
the society to promote the common good for integral human development. Integration
measures, empowerment programs, proper border control and regular inspections within
the state territory will discourage illegal migration and human trafficking. A sound
immigration policy respectful of their fundamental rights and dignity will enhance
productivity, development and peace both the sending countries and the host country.
Thus, solidarity remains the key to all these initiatives.
14
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16