Focus: Steps Towards Modern Laws

1. Focus:Steps Towards Modern Laws

2. Twentieth century • Italy is still characterized by high rates of emigration. • After World War II the internal migration phenomena is in particular directed from the south to the north and from the countryside to the major cities of the country. After World War II accentuate the internal migration phenomenon increases. • Until the '70s they never talked about immigration, but only about the presence of foreign people. straniera.

3. The Italian case • The arrival of large groups of immigrants occurs at the beginning of the 70s. • At the end of 1970 the foreigners residing legally in Italy are 143,838. • Since the beginning this flow has been characterized as a result of expulsion factors from the country of exodus and not of attraction by the productivity of Italy, which is affected by the economic crisis as much as the rest of Europe and consequently unprepared to accept a new immigrant population.

4. The first communities • Young women (Filipino, Eritrean, Somali, Cape Verde, Latin American) employed in domestic work in the big cities; • Maghreb workers, especially Tunisians, employed in the fishing sector in Sicily; • Egyptians employed in small companies in the north; • Chinese, attracted by the activities undertaken by compatriots in the 60s; • Yugoslavs employed in the reconstruction after the earthquake in Friuli(1976).

5. Features of the first immigration in Italy • Multiplicity of ethnic and cultural components; • Strong territorial concentration - close relationship between the geographical area of ​​immigration and the country of origin; • Direction towards regions with different levels of development, even with high rates of unemployment and urbanization; • Mobility of immigrants within the country, even entire communities; • Enforcement of compulsory schooling.

6. The 80s: the discovery • Between the 80s and 90s they start to talk more seriously about the phenomenon, even though, from a statistical point of view, there are still deficiencies and hazardous estimates. • The main problem is represented by the irregular immigrants. They are not illegal, but overstayers: people who entered Italy regularly, almost always with a tourist visa and that at the expiration date they are in a condition of lawlessness. • A specific legislation is lacking. Immigration is governed by the Police Act of 1931, which simply imposes a control on foreigners. Access to employment is governed by circulars from the Ministry of Labour.

7. Between 1979 and 1980 there is an increase from 205,449 to 298,749 foreigners living in our country, representing an increase of 45.4%. • The surge is due to the modification of the registration system of the residence permits: from the permissions of 3 months to those exceeding one month. • In the 80s there are annual limited increases that allow to exceed the quota 400,000 units in 1984.

8. 1986 : the first law • In 1986 the law 943 was issued – • “Rules on placement and treatment of the immigrant foreign workers and against illegal immigration ":itis the first normative regulation on the working activity of foreigners. • The law has some important rules on placement, treatment of foreign workers, family reunification and penalties for illegal immigration.

9. Curative statute • The Law 943/86 provides for an amnesty for all immigrants who, within three months of the entry into force of the law, can demonstrate to reside in Italy. • Another regularization had been ordered in 1981 but it had covered only a few thousand people. • Even employers may denounce immigrants illegally employed. • In 1986, 105.000 requests were accepted. • Between 1986 and 1988 theresidence permits issued by the Ministry of the Interior increase from 450.277 to645.423.

10. 1990: Martelli law • The law 39/1990, or Martelli law, is the first real attempt to discipline the reality of migration and, above all, the first occasion on which Italy officially recognizes immigration as a stable presence of foreigners living and working in the country. • Urgent provisions for political asylum, entry and stay of non-EU citizens are established, trying to regulate exhaustively the whole issue of immigration. • Subjects migrants are entitled to the fundamental human rights, not only those of workers, and a kind of citizenship linked to residence.

11. Qualitative changes 1 • Between the '80s and early '90s Italian immigration changed: • The percentage of foreigners from countries of the EEC and the "advanced" countries is drastically reduced, although the entrances increase in absolute value (from 75,8% in 1970 to 27,8% in 1994). • More than half of the immigrants in 1994 came from southern countries, with strong migratory pressure (51.7%, they were 15.9% in 1970). • After 1989, the percentage of Eastern Europeans is growing: in the beginning they are mainly political or religious refugees, then labor immigrants.

12. Qualitative changes 2 Further propagation of new immigrants. To the groups already present, new ones can be added : • those from sub-Saharan and Western and Central Africa, who are mainly Senegalese and Ghanaian; • Indian and Sri Lankan; • Latin Americans, especially Brazilians and Peruvians; • Since 1989, Albanians, Yugoslavs, Poles and Romanians.

13. Qualitative changes 3 • Over 80% of migrants are in Italy for work reasons. • The illegal component increases. • There is a growing stabilization in some segments of immigrants, demonstrated by family reunification..

14. Territorial distribution • At the end of 1994, about 51% of the immigrants are in the North (Lombardia, Veneto, Emilia Romagna and Piemonte); • 33% in the centre (Lazio e Tuscany); • 10% in the south (Campania and Puglia); • 6% in the islands (Sicily)

15. Working integration • North: • Industrial work in small and medium enterprises. • Housework and assistance jobs in urban areas. • South-central: • Seasonal work in the construction industry and agriculture. Pay for piecework, with wages far below the minimum union. • Nomadism: circular motion south-central- south • Fixed wages woks are very rare

16. Specialization on ethnic basis • Another factor which characterizes immigration in Italy is the occupational specialization based on ethnicity: • Senegalese and Moroccans: young males unaccompanied by family, mainly dedicate to street trading (vu cumprà); • Egyptians:often accompanied by their families and settled permanently in the north, work in the industry; • Chinese: entrepreneurial activity. Restaurants all over the country and clothing and leather workshops in Tuscany • Domestic work remains the prerogative of women. • Among the Eastern Europeans, Poles are generally employed in domestic and care work and the Romanians in the building.

17. Foreigners 1991 – 2000

18. The trend in the 90s • 1992: permits decrease. Many regularized immigrants cannot find an officially declared job and cannot attest to the minimum income required for the renewal of the residence permit. • In the following years the increases, very low, occur as a result of programmed quotas and family reunification.

19. Dini decrees and the law of 1996 • From 1992 to 1996 six decrees are issued in an attempt to adapt the system of the law of ‘90 to the concrete needs of the society. • The decree issued by the Dini government in 1995 contains a regularization, but it is not converted into law. • It is necessary the Law n. 617/1996 to support the effects of the regularization which began in December 1995 • Three possibilities offered as an opportunity for regularization: for subordinate work, for registration as unemployed (with a commitment to find a job within a year), for family reunification.. • 246.000 requests are accepted.

20. Law Turco-Napolitano • Law 6 March 1998n. 40 – “Discipline of immigration and status of foreigner ", implemented and integrated into the legislative decree of the25th July 1998 n. 286 of the Consolidated Law. • Planning of the entry quotas for work; • fight against illegal immigration (establishment of CPT); • aggravation of penalties for illegal immigration; • rules of the residence permit; • rules for the protection of the family; • school integration; • equality of social and health care; • repression of discrimination and equal legal protection.

21. Foreigners 2001 - 2005

22. Law Bossi-Fini • Law 189/2002. Main points: • greater border control - strengthening of the police powers; • aids to States cooperating in the fight against illegal immigration and trafficking in human beings, reduction of quotas for states that do not cooperate; • immediate expulsion of illegal immigrants; • extension to 60 days of the period of detention in the Cpt; • Increase in penalty for trafficking in illegal immigrants; • fingerprinting of foreigners; • regular admission only after nominative or numerical call and closely related to: residence contract, suitable accommodation and commitment to pay the costs for the return by the employer; • reduction from one year to six months of the "awaiting employment“ permit; • issue of the residence permit after six years of legal stay, and not five..

23. Immigrant groups before and after regularization

24. Nowdays • According to the latest data released by the Caritas, the migrants in our country at the end of 2005 were 3,035,000, representing 5.2% of the Italian population. • 70% are below 40 years of age. • The majority of the residence permits is stable: 62.6% for work and 29.3% for family reasons.. • In the labor market foreigners represent 10% of the employed. • 130.969 business owners. • 424,683 students in the Italian schools are children of immigrants. Only 38,298 enrolled at the university are foreigners.

25. Countries of origin • Most of the foreigners living in our country is European, 48.8% at the end of 2005, mainly women. • 78% come from non-EU countries of Eastern Europe, with an incidence of 38.2% on the total foreign presence. • The second continent for number of foreigners is Africa: 23.1% in 2005. • Marocco (10,3% of total) • Tunisia (2,7%) • Egypt (2,1%) • Algeria, Sudan, Libya and Sub-Saharan Africa in a lower percentage • The third continent is Asia(17,4%) • China (4,9%) • Filippine (3,4%) • India (2,3%) • Sri Lanka (1,9%) • Bangladesh (1,6%) • Pakistan (1,5%) • Finally America (10,6% - 9,3% South America) • Perù (2,2%) • Ecuador (2,1%) • Brasil (1,4%)

26. Geographical distribution (%)

27. Minors • The total number of children in Italy is hardly detectable. Caritas estimated, at the end of 2005, a presence of 586,483 foreign citizens aged from 0 to 18, equal to 19.3%. • They were 128.000 in 2001. • The unaccompanied foreign minors are, according to the Committee for foreign children, 7,583, mostly from Romania, Morocco and Albania.

28. Foreigners’ work • Subordinate integration: immigrants are accepted in the workplace based on the idea that their role is to fill jobs that Italians do not want to do. • In Italy the immigrant works are known as the 5 P ones: • Precarious • Heavy • Dangerous • Low-paid • Socially disadvantaged

29. The role of ethnic networks • Fundamental to the meeting between demand and supply of labor is the action of contact networks between relatives or compatriots living in the same territory. • In particular for the recent and illegal immigrants who fit into the illegal labor market. • “Statistical discrimination” is applied to employers:the origin quickly becomes an indicator of the worker's ability to fit into certain areas of employment. • The "ethnic specializations“ still remain: personal skills or level of education count less than nationality for recruitment purposes.

30. Areas of employment • Widespread industry systems - Lombardy, Triveneto, Emilia-Romagna, Marche, Tuscany, Umbria and Abruzzo; • Metropolitan economies, where immigrants integrate into the low-skilled services and construction sectors; • Seasonal activities exposed to irregularity, mainly in south-central; • Seasonal activities in which labor relations are largely legal; • Domestic work , where mainly immigrant women are employed; • Entrepreneurship: cleaning, small transport and quick delivery; services for other immigrants: phone center, Islamic butcher shops, money transfer services, trade in food and exotic crafts, activities detected by Italians; autonomous subjects only de jure.

31. Bibliography • Dossier statistico immigrazione Caritas/Migrantes 2005 e 2006; • T. Barrucci e S. Liberti, Lo stivale metticcio, Carocci 2004 • M.I. Macioti e E. Pugliese, L’esperienza migratoria, Laterza 2003 • P. Corti, Storia delle migrazioni internazionali, Laterza 2003 • M. E. Tonizzi, Le grandi correnti migratorie del Novecento, Paravia 1999