Per la libertà di movimento, per i diritti di cittadinanza

Some reflections on EU instructions number 55/2001 concerning evacuees accomodation

EU instructions were given during 2001, but Italy adopted them only one week ago and these measures are not immediately appliable to refugees fleeing from Iraq. These instructions only give general minimum standards in case EU council decides to open borders to mass evacuees flows. It is the case of evacuees needing temporary protection and accomodation via previously declaring the emergency humanitarian status.
According to such instructions temporary protection should last one year, immediate six months delay is accepted. Other delays could come as well as protection can be revoked when countries of origin are not under emergency anymore.

Instructions define minimum standards. Effectiveness is to be decided by EU council. These instructions represent a common guideline. Adopting such rules doesn’t mean that each single state is not anymore entitled to choose its own accomodation standards when necessary. T.U. art. 20 provides for that the Government holds discretion to adopt accomodation exstraordinary measures when occurring events imply humanitarian needs in case of conflicts, natural disasters or other serious events do happen in non EU countries.
The chance of opening borders and allowing evacuees to temporary protection is already stated by Italian laws.
Eu made a common decision which can be added to the already existing laws. Eu states are obliged to adopt such instructions as well. An extension of humanitarian protections is to be broadly hoped for.

EU instructions adopted now also by Italy hold some interesting points. Humanitarian protection beneficiaries have family rejoining and the chance to work guaranteed (this used to be a troubled point). Schooling is being guaranteed as well.
All these humanitarian protection instructions do not prejudice Geneva Convention refugee status recognition. This aspect is important because in past times evacuees in Italy asking for humanitarian protection permit were told that they were to lose their refugees status.
All instructions stating some standards are welcome even though they do not change the problems the issue holds.
At the moment nothing is being prepared to help Iraqi evacuees, an Iraqi citizen reaching Italy is to be actually considered a “clandestine”.