Differential treatment of specific nationalities in reception

Italy

Country Report: Differential treatment of specific nationalities in reception Last updated: 20/05/22

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Once in reception, there are no recorded differences among asylum seekers on the basis of their nationalities. However, problems have been reported as regards the possibility to access the asylum procedure and the reception system for specific nationalities (see Registration).

However, after the takeover by the Taliban in Afghanistan as of August 2021, and the war in Ukraine, the Government has provided specific accommodation measures for Afghans, first of all for those evacuated, and for people escaping from Ukraine.

 

Accommodation measure for Afghans

To meet the reception needs of asylum seekers from Afghanistan the DL no. 139 of 8 October 2021, has provided for the activation of a further 3,000 places in SAI[1] and Article 1 (390) L 234/2021 has provided additional 2,000 places.

These were reserved seats which were then extended to those who fled Ukraine by Article 5 quarter (5) and (6) DL 14/2022 converted into L 28/2022.

 

Accommodation for people escaping from the Ukrainian conflict

Transposing the Directive 2001/55/EC, Italy issued the LD no. 85 of 7 April 2003. According to the Article 4 of LD 85/2003, if the conditions of the directive are met, the President of the Council of Ministers, in agreement with the regions and local authorities, establishes by decree the welfare measures to implement, also through the involvement of the associations and entities of voluntary work, and including those for housing, social and health assistance, access to the educational system for minors on a par with Italian citizens, as well as for access to vocational training or internships.[2]

On 28 February 2022, the Government declared the state of emergency until 31 December 2022 and entrusted the organization and implementation of emergency relief and assistance interventions to the population fleeing from Ukraine to the Head of the Civil Protection Department who regulates these matters with ordinances.[3]

After the outbreak of the conflict and the decision to implement the 2001/55/EC Directive, the Government has issued some decrees, detailed by the civil protection ordinances, but all – at the time of writing – still only programmatic on the reception side.

The planned interventions are mainly of two types: on the one hand, it is planned to increase the reception system, (first governmental, CAS and SAI facilities), on the other hand alternative forms of widespread reception and economic support are foreseen.

Moreover, for further reception needs, it is foreseen the possibility to use, taking into account the evolution of the pandemic from Covid 19, the structures already set up for fiduciary isolation and, for further needs not covered by the other measures prepared, the possibility, for the presidents of the Regions, appointed delegated commissioners, to represent to the Prefectures the need to prepare further housing solutions, especially for people in transit.[4]

Expansion of the reception system

DL 16 of 28 February 2022 established that people fleeing from Ukraine can access the reception system even in case the asylum request has not been submitted or in case it has not been submitted yet. [5]

It also established the ad hoc expansion of 3,000 SAI places, the possibility for people fleeing from Ukrainian’s war to access SAI places that had been increased for Afghans,[6] and the financing for the management, activation and rental of the reception centres of an additional 54,162,000 euros for the year 2022, corresponding, as specified by a following circular,[7] to about 5,000 CAS places.

Article 5 quarter of DL14/2022 modified by the conversion L 28 of 5 April 2022 – and to which the DL 16/2022 provisions on accommodation were transposed – provides that the latter resources are used as a matter of priority for the reception of vulnerable people[8] coming from Ukraine.

It also provides to transfer the beneficiaries (both Ukrainians and Afghans) from the first reception and CAS facilities to the SAI facilities progressively activated, within the limit of available places.

A MOI communication regarding the start of the procedure for expanding the SAI network to face the Ukrainian emergency,[9] published on 16 March 2022, announced the opening of the procedure to activate 3,530 SAI places,[10] to be allocated with priority to the reception of families, including single parents, with a deadline for the applications made by 19 April.

However, as also affirmed by the Prime Ministerial Decree of 28 March 2022, published on 15 April 2022, accommodation is ensured only within the limit of available places and relevant resources as implemented by Article 31 DL 21/2022. [11]

Alternative forms of accommodation for people escaping from Ukraine and asking temporary protection

DL 21 of 21 March 2022, at Article 31 (1) (a), has established:

– to define further forms of widespread reception, different and additional respects to the governmental first accommodation centres and the temporary centres (CAS) to be implemented in agreement with the Municipalities, and through Third sector bodies, volunteer service centres, organizations and associations registered with the register referred to in article 42 of the TUI and civilly recognized religious bodies, providing substantial homogeneity of services and costs with the reception system facilities (Cas and first governmental facilities), for a maximum of 15,000 units;

– to define additional forms of support and assistance to persons entitled to temporary protection who have found autonomous accommodation, for a maximum duration of 90 days, and up to 60,000 units.

– to recognize, in proportion to the number of people accommodated in each region and up to a limit of 152 million, a flat-rate contribution for access to the National Health Service to the regions and provinces of Trento and Bolzen, up to 100,000 units.

The Ordinance issued by the Head of the Civil Protection Department on 29 March 2022 better detailed these provisions.

Regarding the financing of accommodation projects, it informed about the publication of notices to collect expressions of interest to the reception measures for people fleeing Ukraine.[12]

On April 11, 2022, the MOI Civil Protection Department published the first notice according to which each proposing body had to make at least 300 places available, to a maximum of 3,0000, also in associated form, and had to prove an experience of at least 3 years in accommodation of migrants or social and work integration activity.

The cost per day per capita was set at a maximum of 33 euros.

The notice informed that, within the established limit of 15,000 units, it will be given priority in the choice of the projects to finance to places where there is the greatest request for hospitality by people who have fled from Ukraine and then, in case of exhaustion, to the projects in places gradually closer.[13]

The notice solicited the submission of proposals for accommodation places but determined the time limit to send the proposals would be 22 April 2022.

The strict time limit and the need to offer at least 300 places made it very difficult to submit such proposals.

Regarding economic support to persons entitled to temporary protection who have found autonomous accommodation, the Ordinance of Civil protection of 29 March 2022 stated that they will receive an economic contribution of 300 euros, plus 150 euro per child up to three months from the date of the temporary protection receipt.[14] On 30 April 2022, the online platform through which apply for the contribution was opened.[15]

However, a Civil Protection Note issued on 9 May 2022, specified that the economic contribution can be asked only up to 30 September 2022.[16]

After the outbreak of the conflict in Ukraine, it has been established the ad hoc expansion of 3,000 SAI places for people escaping from the conflict in addition to the possibility for them to access the SAI places first reserved only to Afghans.[17]

No additional places have been foreseen in the SAI or elsewhere for refugees of other nationalities.

 

 

 

[1] Article 7 (1) DL 139/2021, converted into L 205/2021 and later modified by Article 5 quarter (5) DL 14/2022 converted into L 28/2022

[2] Legislative Decree no. 85 of 7 April 2003, Article 4 (1 g).

[3] Resolution of the State of emergency,28 February 2022, published on 10 March 2022, available at: https://bit.ly/3uN1bbI.

[4] Ordinance of the Head of the Civil Protection no. 872 of 4 March 2022, Article 3 (2), and Article 3(4) available at: https://bit.ly/3k7njY2. See also MoI Circular, no. 0015709 of 8 march 2022, available at: https://bit.ly/3s2XBs2.

[5] DL 16/2022, Article 3, then repealed and transfused in the DL 14/2022, Article 5 quater as modified by the conversion Law n. 28 of 5 April 2022, without prejudice to all effects, acts and measures adopted in the meantime on the base of DL 16/2022.

[6] 3,000 places increased by Article 7 (1) DL 139/2021, converted into L 205/2021, as modified by Article 5 quater (5) DL 14/2022 converted into L 28/2022 and also 2,000 places according to Article 3(4) DL 16/2022, modifying Article 1 (390) L 234/2021, later transposed in DL 14/2022 as modified by Article 5 quater (6) DL 14/2022 converted into L 28/2022.

[7] MOI Circular, 2 March 2022 available at:  https://bit.ly/3OiV7zt.

[8] It refers to Article 17 (1) of the Reception Decree, LD 142/2015.

[9] MOI communication about the start of the procedure for expanding the SAI network for the Ukrainian emergency, 16 March 2022, available at: https://bit.ly/37lCDxF.

[10] The number also includes SAI places first foreseen to be reserved for Afghans.

[11] Article 5 of the Prime Ministerial Decree, 28 March 2022, published on 15 April 2022, available at: https://bit.ly/38Wxyfw.

[12] Ordinance from the Head of the Civil Protection Department no. 881 of 29 March 2022, available at: https://bit.ly/3LH2VJ0.

[13] Civil Protection Department, Notice for the acquisition of expressions of interest for the reception activities for people fleeing from the war in Ukraine,  11 April 2022 available at: https://bit.ly/3KKYpJv.

[14] Ordinance issued by the Head of the Department of Civil Protection, no. 881 of 29 March 2022, available at: https://bit.ly/3LH2VJ0.

[15] Department of Civil Protection, communication available at: https://bit.ly/3vtsLLy.

[16] Department of Civil Protection, Note no. 30457 of 9 May 2022.

[17] Article 5 quater DL 14/2022 converted with modifications into L 28/2022.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation