giovedì 19 gennaio 2012

Racism and discrimination against Roma by Italian Institutions: infringement procedure required for breach of EU directives

Roma 19 gennaio 2011

Commissione Europea
Direzione Generale Giustizia
Direzione C: Diritti fondamentali e cittadinanza dell’Unione Europea
Unita C2: Cittadinanza dell’Unione Europea – Capo Unità
Rappresentanza in Italia

Miss Viviane Reading
Miss Dana-Trama Zada
Miss Lina Papamichalopoulou
Miss Chiara Adamo
Miss Pia Lindholm
Miss Enrica Chiozza
Mr Massimo Serpieri
Mr Lucio Battistotti

e p.c.

Presidente del Consiglio dei Ministri
Ministro Economia e Finanze
Mario Monti
Palazzo Chigi
Piazza Colonna 370
00187 Roma - Italy
tel. (+39) 0667791

Segretario del Consiglio dei Ministri

Segretario Generale
Manlio Strano

Capo dell'Ufficio
Cons. Anna Lucia Esposito
tel. 06 67793206
fax. 06 6795807 

Ministro Affari Europei
Enzo Moavero Milanesi
Dipartimento per gli affari europei (PCM)
Piazza Nicosia, 20- 00186 ROMA
Tel: (+39) 06.67795191
Fax (+39) 06.6779.5342/5326 
Ministero dell’Integrazione e Cooperazione Internazionale
Andrea Riccardi
Largo Chigi, 19 - 00187 ROMA
Tel: (+39) 06.67794670 - Fax: (+39) 06.67794719 

UNARP.N.C. punto nazionale di contatto c/o Commissione Europea
Direttore Massimiliano Monnanni

Subject:  Clarification regarding the allegations of misapplication
                Directives 2000/43/EC and 2004/38/EC
                Request infringement procedure vs. the Italian State
                Structural reform UNAR and birth Roma National Council- CNR

Dear European Commission Directorate General for Justice

This letter to inform you of developments and conditions experienced by the Roma civil society in Italy. On December 27, 2011 we made a request to the European Commission to proceed with the launch of infringement proceedings for the Italian State vs. incorrect application of EU directives 2000/43/EC and 2004/38/EC (Annex)

The Italian State, in accordance with the agreements signed on 23-24 June at the Community should prepare a national strategy for social inclusion of Roma as specified in the letter of the Head of Unit Papamichalopoulou Lina - European Commission Unit D4 October 24, 2011 JUST protocol / D4 - In / st / Ares (2011) 1,133,029 in respect of the EU framework adopted 5 April 2011 and Council Conclusions of 19 May 2011. The strategy was to be launched before December 31, 2011. To date, no national strategy has been developed for social inclusion for Roma by the Italian State

On 18 January 2011, the President of the Security Commission of Rome 
Capital Fabrizio Santori 

Fabrizio Santori - President of the Security Commission of Rome Capital 

said on the website of the City of Rome the following statements: "The Nomad Plan must be completed without further delay, stop evictions is a slap to the laws and law-abiding citizens but to complete the Plan are the expulsions and the forced repatriation of EU citizens, without yielding to fatal overdose of tolerance and useless way

We wish to report that the expulsions and the forced repatriation of Roma EU citizens, referred to by Dr. Fabrizio Santori appear as serious breaches of Directives 2000/43/EC and 2004/38/EC on non-discrimination and freedom of movement.

With this we ask with determination to unity - PNC to open an investigation on the concrete situation experienced by the Roma civil society in the city of Rome and the rest of the Italian State in the light of the rejection of the Decree Law (Emergency nomads) launched 21 May 2008 (OJ No 122, 26-5 - 2008) by the President of the Council of Ministers Silvio Berlusconi by the Council of State (with Case 6050 November 16, 2011) stigmatizing and punishing incitement to ethnic hatred and the infringement of EU directives by the Italian institutions ..

Several municipalities continue every day to exclude and persecute the Roma people. In the cities of Florence, Prato, Pesaro, Bologna and several other governments refuse meetings with Roma civil society. The constant reports of racial discrimination made by the municipal government against Roma citizens to one and made it to the Provincial Observatories have produced as yet no established institutional initiatives in support of Roma civil society.

The UNAR was established by the Italian transposition of Directive 2000/43/EC. Its institutional set-up sees him placed in the employ of the Presidency of the Council of Ministers. This arrangement prevents an effective separation of the Observatory of racial discrimination by the government. The PNC makes it be the actual organ of government strategy for social inclusion on behalf of the Italian State. How can a government body to control himself in the case of racial discrimination?

The proposal that we continue to bring to the European Commission, the Italian Government and the Council of Europe is the establishment of a National Roma Council (CNR) directly attached to the Council of Ministers. The CNR is composed of representatives of the Ministry of Interior, Labour and Social Affairs, Justice, Education, University and Research, Equal Opportunities, Integration and International Cooperation, Health, Conference of Presidents of the Regions, UPI, ANCI, the Roma Civil Society, the European Commission (Representation in Italy) and the Council of Europe (Intercultural Mediators - Romed) could be a guarantee for an effective and concrete implementation of the Social Inclusion Strategy within the EU framework .

The UNAR free from government duties could only be so effective as the guarantor Observatory on Racial Discrimination in accordance with Directive 2000/43/EC.

In view of the facts and information presented in the following letter, and in earlier, stating that the examples are just some of the thousands of cases of racial discrimination of agents throughout the Italian territory. Remaining in full readiness to meet with the European Commission to provide additional evidence of discrimination and violations taking place within the Italian state, are unitarily Organization EveryOne in defense of Human Rights to request the closure of investigations instituted by January 25, 2010 CHAP (2010) 04005 and launch infringement proceedings against the Italian State.

Stating that this request is aimed at achieving an effective implementation of social inclusion strategy for the Roma population present within the Italian state and not intended to be punitive in its purpose but simply education.

Compliance with the rules is the basic condition to allow the construction of a united and cohesive European Community in the affirmation of collective welfare, democracy and freedom for all EU citizens.

Respect for human dignity, human rights, the recognition of every citizen in the EU territory as well as openness to citizens from countries outside the EU are the basis for the construction of an economy of wealth and prosperity spread. Any other restrictive measure is actually a measure of anti-human and anti-economic.

Best Regards

Marcello Zuinisi
Educatore Professionale
Legale rappresentante Associazione Nazione Rom
(opera nomadi toscana)
Via Ricortola 166, Marina di Massa (Ms)
Tel: +39 3209489950

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