Higher Education Course “ Migration, Development and Human Rights”

Bologna

16 March 2012 – 11 May 2012

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Contents

Module no. 1 – Human rights, multiculturalism and integration – Prof. Gustavo Gozzi

p. 1

Module no. 1 – Amitie Context Report Famsi – Prof. Bernardo Venturi

p. 6

Module no. 2 – Migrations and communication processes – Prof. Augusto Valeriani

p. 8

Module no. 3 - Cooperation, human development, local authorities – Prof. Luciano Carrino

p. 10

Module no. 4 – Migration and Anthropology - Prof. Bruno Riccio

p. 12

Module no. 5 – Migrations, identities and cultures: an ethno-psychoanalytical approach - Prof. Patrizia Brunori

p. 14

Module no. 6 – Migrations and Co-development– Prof. Pinto and Prof. Ilaria Cicione

p. 17

Module no. 7 –Migratory processes and international law– Prof. Marco Balboni

p. 19

Final Round Table, May 11, 2012

p. 23

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Course participants (face-to-face training in Italy)

N. Participants Organization 1 Anastasi Sara Municipality of Bologna

2 Amelii Fausto Municipality of Bologna

3 Bertocchi Inti Municipality of Bologna

4 Brighetti Simona Municipality of Bologna

5 Caruso Andrea Municipality of Bologna

6 Ceruti Veronica Municipality of Bologna

7 Clementi Marta Municipality of Bologna 8 Fanti Alice CEFA 9 Fornaciari Anna Municipality of Reggio Emilia

10 Fresa Lucia Municipality of Bologna

11 Garni Samira Municipality of Ferrara 12 Grassilli Mariagiulia Cineteca of Bologna 13 Lee Mingshan Participant of Focus Amitie 14 Lelleri Raffaele Province of Bologna 15 Lesi Maria Chiara GVC

16 Mantovani Letizia Municipality of Modena

17 Marchioni Milena Municipality of Bologna

18 Marzocchi Alice Cineteca of Bologna 19 Maddoli Lucia FELCOS - Umbria

20 Ognisanti Mirca Municipality of Bologna

21 Orlandi Mirella Region Emilia - Romagna

22 Pagani Raffaella Municipality of Bologna

23 Palamidesi Giorgio Region Emilia - Romagna

24 Palmas Federico GVC

25 Palmieri Sara Municipality of Bologna

26 Paradisi Rita Province of Bologna 27 Pezzuto Loredana Province of Bologna 28 Rabuiti Augusta Municipality of Ferrara

29 Righini Michele Municipality of Bologna

30 Tampieri Cristina Province of Ravenna

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Course participants (distance training - e-learning platform) N. Participants from

Latvia 1 Arniece Ilze 2 Damberga Andra 3 Dompalma Evija 4 Ellena - Alena Anda 5 Heidere Elina 6 Kince Kristine 7 Kļave Evija 8 Kruskops Andrejs 9 Lice Anita 10 Liepina Ilze 11 Miltovica Baiba 12 Misane Gunta 13 Olina Marita 14 Parpucis Martins 15 Sokolova Inga 16 Supule Inese 17 Vasiljeva Irina 18 Zalane Ineta

19 Zankovska-Odiņa Sigita

20 Zirdzina Valerija 21 Zvirble Liene

N. Participants from Spain 1 Aguilera Esther 2 Amo Perez Maria Jose

3 Barrera Barreno Rosa Maria

4 Bencherif Sarah Manel

5 Calderón Gómez-Tejedor Bárbara

6 Dahiri Boughalem Mohammed

7 De La Cuadra Domínguez Rocío

8 Díaz Sesé Lia 9 García Quirós Raquel 10 Gil Sánchez David 11 Gomez Blasco Rosa 12 Gordillo Martín

13 Jimenez Sanchez Milagros

14 Jurado Molina Maria Jose

15 Khadour Maldonado Madiha

16 Montaño Garcés Mónica 17 Morata Castillo Marina

18 Muñoz Díaz María del Carmen

19 Njie Momodou 20 Olaya Espinoza David 21 Orellana Míguez María

22 Parrado Palomo Juan Antonio

23 Pérez Navas Lorena 24 Perez Serrano Estela 25 Ruiz Espinosa Carmen 26 Saadi Haddach Othman 27 Salhi Salah Eddine 28 Tome Consuelo 29 Torreblanca Fernández

Estefanía 30 Torres Escribano Maria

José

N. Participants from Romania

1 Anastasiu Andreea

2 Andreescu Maria Mandruta

3 Bancila Adelina

4 Boly Issorè Maimounata

5 Bucur Anca 6 Cindea Nicoleta 7 Ciocan Anamaria 8 Cojocariu Irina 9 Curt Adina 10 Dumitru Ioana 1 Florea Iuliana 12 Gavril Dana 13 Grosu Luciana 14 Guga Simina 15 Hadar Maria 16 Iftene Cristi 17 Kelemen Eva Orsolya 18 Leontescu Ivona 19 Lita Andreea

20 Luca Anamaria Bianca

21 Marin Sinziana Carolina

22 Mereuta Laurentia Mariana

23 Nedelcu Ana Lucretia

24 Oteanu Ana Maria Iuliana

25 Rentea Georgiana Cristina

26 Roman Lucia Madalina

27 Rusenescu Ileana 28 Ungar Ana Maria 29 Yildirim Ahmet Can

30 Zaharia Adriana Ionela

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Higher education course

" Migrations, development and human rights" Module no. 1 – Human rights, multiculturalism and integration – Prof. Gustavo Gozzi Multiculturalism Multiculturalism can be interpreted as the doctrine of tolerance of a polyethnic and pluricultural society, as a conception which recognizes the equal dignity of cultural, religious and ethnic groups. This conception of multiculturalism is based on four principles: a) first of all and, paradoxically, multiculturalism, which literally means plurality of cultures, requires one single culture, namely the culture of mutual recognition. In a very significant book, Cultivating humanity, Martha Nussbaum invites to overcome “normative chauvinism”, that considers a society’s culture as better than others, that are deemed as inferior because they are different, and to overcome “normative skepticism”, that simply describes other cultures without judging them, with the risk of accepting the cultural identity of a group at the same time accepting the violation of the individual rights of the members of that group (suffice it to think about the tragedy of infibulation). So Nussbaum suggests an attitude that translates into the recognition of common human problems: the problem of death, the fulfillment of primary needs (food, clothes, sexuality, etc.), having a house to live in and the problem of ownership, etc. This approach will lead to the concept of a common humanity that has to tackle the same problems, so that understanding will become possible. The analysis of this first point explains the need of knowing each other, of having school programs that can lead to this result, and of training teachers in order for them to be able to obtain this result. The problem of training is fundamental at all institutional levels in a multicultural society, let us consider for instance the possibility of organizing intercultural training courses for public administration employees who work with the public. Also the “Single text on the regulations concerning the immigration discipline and rules on the condition of the foreigner” (Legislative Decree of July 25, 1998) pays close attention to intercultural education (art. 38) and provides for Italian language courses as a way to guarantee the right to education which should be organized by regions and local authorities. At the same time it ordains that the school community must accept cultural differences “as a value that should be the basis for mutual respect, for an exchange between cultures and tolerance” and promoting the carrying out of “common intercultural activities”. b. The second principle of multiculturalism concerns the principles of a law policy in a multicultural society, at an operational level, and tackles the problem of integration (and not of assimilation). It consists not only of the measures that provide a guarantee for the social rights of a person (such as the rules for housing and social welfare1). This second principle also consists in overcoming the distinction between majority and minorities, since it acknowledges the equal dignity of the different cultural groups. This means that a constitutional and multicultural democracy can no longer be

1 From Art. 40, sub-paragraph 4 of the “Single text on the regulations concerning the immigration discipline and rules on the condition of the foreigner” (July 25, 1998, No. 286): “ The regular foreigner can have access to social housing, both collective and private, organized according to the criteria set by regional laws, by the towns with the largest number of foreigners or by associations , foundations or voluntary organizations or by other public or private authorities, within housing structures, mainly organized as a hostel, open to Italians and foreigners, aimed at providing a decent housing solution against payment of a fee, applying pegged prices, waiting until the people living there find an ordinary and definitive accommodation.”.

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identified with the majority principle, but with the guarantee of fundamental rights, which is expressed by treating all the members of a community as individuals with the same consideration and respect. It is not only a rhetorical formulation, because it translates into a precise law policy. The essence of democracy lies in the implementation of real equality. Now, in a democratic society which is characterized by deep ethnic and cultural differences, the essence of real equality is accepting differences, and it finds its expression in the introduction of special rules aimed at defending differences, not to marginalize or ghettoize, but to ensure real equality. The need to have special rules is due to the fact that while the state historically parted from the Church, it did not part from ethnicity. Our Western states are national states, in other words ethnic states, and they are the expression of a nationality, a language, a culture and, in many cases, a majority religion. At a national level let us consider the law of 1999 that introduced rules for the protection of linguistic- historical minorities and admitted “the use of the language of the minority, together with the use of the Italian language, in order to carry out the educational activities” in schools. Or let us consider the Decree of the Ministry of the Interior in February 2002, which recognized the calendar of Jewish holidays, admitting school absences on Saturdays as justified and inviting the competent authorities to take into consideration for competitions the need to rest on Saturdays. In this respect the building of an Islamic cemetery in Bologna is quite significant. The path that led to this result was long and complex, and consisted in a mediation between the existing rules (The regulations of the mortuary police, Presidential Decree 285/90, the Regional Law 19/82 and The regulations of the local mortuary police) that were accepted by the Islamic community and that prescribe the inscription of the name on the grave (in contrast with the Islamic tradition) and the burial in a coffin rather than in a simple shroud. However an area for Muslims was allowed, in which graves are oriented toward Mecca. This is a good example of integration (not of assimilation) by making use of special rules aimed at safeguarding cultural identity, but within the existing regulatory framework of the host country. c) The third principle of multiculturalism consists in the recognition of the existence of a pluralism of values and of the impossibility of translating all values into one single value. Following this approach, the perspective of multiculturalism teaches us to reject a hierarchy of values and to consider our societies not as a relation between majority and minorities, but as a plurality of cultural groups. d) Finally the conception at the basis of multiculturalism is the free access to different cultural groups, denying any superiority of the group on the free choice of individuals, who should always have the possibility to leave the group they belong to. If this is not the case we cannot use the term multiculturalism, we should rather use the definition of “plural monoculturalism”, as A. Sen says, in other words separate groups that are recognized as dominant over free individual choices. Integration The concept of integration has two meanings: Ethical-cultural integration, which means the right of every individual to the respect of his or her cultural identity (language, traditions, religion). This integration also includes the right to hand down traditions and to raise children according to a person’s traditions. The recognition of the ethical-cultural integration must take place also in law, by giving “special freedoms” (such as the respect of clothes, eating habits, religious traditions, etc.).

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(Reference to this type of recognition is also made in the General Comment 23 of April 8, 1994 in Art. 27 (the rights of minorities) of the International Covenant on civil and political rights of 1966). But this type of integration does not exclude the possibility of criticizing and rejecting the system of values and traditions we were raised in, the possibility of turning our back on them and living with a split identity (J. Habermas). However, the respect of the traditions of minorities and their legal recognition take place within the framework of the constitutional values of the host country. For instance, let us consider the Italian law of January 9, 2006, no. 7 “Provisions concerning the prevention and the prohibition of female genital mutilation practices.” That law prohibits such practices according to Art. 2 (on “inviolable human rights”), 3 (on “social dignity” and on equality with no distinctions) and 32 (on the right to health) of the Italian constitution. The second meaning of the term “integration” refers to political- constitutional integration, in other words the acceptance, on behalf of someone who goes to a country which is not his country of origin, of the values of the constitution of the host country. It may be objected that the “values” of constitutions are not neutral, because they are the product of a specific constitutional history. As a reply to this founded objection, one of the authors who paid the most attention to these aspects of integration, J. Habermas, stated that the objection is justified and that the acceptance of the constitution should be not be understood as acceptance of values, but of the procedures provided for by the constitution to realize the processes of creation of political will. This perspective is aimed at a political conception, an idea of democracy which can give voice to all needs and interests of civil society: the so-called “deliberative democracy”. Cultural rights The concept of cultural rights is mentioned in Art. 22 of the Universal Declaration of Human Rights (UDHR) of 1948, which states the following: “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” However this important article of UDHR refers to cultural rights but does not define them. More precise reference to the concept of human rights is made in Art. 27 of the International Covenant on civil and political rights of 1966, which is formulated as follows: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” This important article defines the contents of cultural rights, which consist in the recognition of the preservation of a person’s traditions (“their own culture”) and in the recognition of people’s right to speak their own language and practice their own religion. In a comment to this article by the United Nations High Commissioner for Human Rights – April 8, 94, General comment 23, it is stated that “although the rights protected under article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion.” So this means that the more the rights of the group an individual belongs to are guaranteed, the more the rights of the individual will be guaranteed.

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It is a very significant statement which however includes the problem hidden in the concept of cultural rights, namely the relationship between “individual rights” and “collective rights”. This relationship can be interpreted according to two perspectives: the liberal-democratic perspective and the community perspective. According to the first meaning, cultural rights are individual rights, the rights to obtain a legal recognition of one’s own cultural identity within the limits set by the legal system of the host country. On the contrary, according to the second meaning, cultural rights are collective rights, rights of a community that can impose their respect and acceptance on behalf of the members of the group. An example of this kind of conception of cultural rights is the prohibition that was imposed in Canada to the members of the French-speaking group to enroll in English-speaking public schools. In this case the meaning of cultural groups is evident: they are the rights of a group’s “culture”, understood as autonomous subject above single individuals, whose rights must be guaranteed for their own self-preservation, also against the free choice of single members. Deciding that the preservation of the culture of a group prevails over the rights of single individuals entails unacceptable consequences: thus, cultural rights must be understood as the rights of individuals in obtaining the legal recognition of their own cultural identity. Rights/Citizenship Definitions a) Human rights Human rights are the rights of every human being. They were proclaimed for the first time by the Universal Declaration of Human Rights in 1948. Before the Universal Declaration, other important declarations, the Virginia Declaration of Rights of 1776, the United States Declaration of Independence of 1776 and the Declaration of the Rights of Man and Citizen of 1789, proclaimed rights as the natural rights of man, or as rights that a man has since he was born, but not as human rights. The rights of man had a clear gender connotation (rights of a male individual) and a clear class connotation (rights of the individuals who belonged to the middle class). Human rights are not natural rights. They are recognized to every human being without distinction of sex, class, race, language, religion, political opinion, national or social origin (Art. 2 of the Universal Declaration of 1948). They are based on dignity, that is the value of the life of every human being. The relationship between human rights and dignity as their foundation is clearly recognized in the Preamble of the Universal Declaration of 1948: “Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world…” The Preamble also defines, as seems to be clear, the necessary relationship between rights and peace: there can be no peace in the world unless the human rights of every human being are guaranteed. In the Universal Declaration human rights can be divided in the following way: the rights of every human being (Art. 1-7: freedom, equality, life); the rights of the individual in his relationships with social groups (Art. 12-13: family and State); the rights to freedom of thought, conscience, religion, assembly and association (Art. 18 – 20); political rights (Art. 21); economic and social rights (Art. 22-25: rights to social security, work, rest and a sufficient standard of living).

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The Declaration of 1948 was proclaimed as universal. Actually it is the result of the Western history of rights. Other civilizations, such as the Islamic civilization, have different declarations of rights, in particular the Universal Declaration on Human Rights in Islam of 1981. The proclamation of the universal character of the declarations of rights of different civilizations necessarily leads us to a relativistic perspective in the consideration of the different conceptions of rights. So research is aimed at finding an “inter-civilization” point of view in the interpretation of the rights that belong to different cultural traditions. b) Citizenship Citizenship is not a right, but a status, a condition whose criteria are set by the legislator and from which the granting of rights depends. Citizenship means nationality, or belonging to a national community. The criteria according to which citizenship is granted by the legislator are two: 1. The jus soli, the citizenship that derives from the fact of being born in the territory of a country and 2. the jus sanguinis, the citizenship that derives from the fact of descending from parents who are citizens of a nation. In Italy citizenship is granted according to the jus sanguinis, based on the fact of descending from parents who are Italian citizens (Art. 1, Law of February 5, 1992, No. 91 – New rules on citizenship: “A citizen by birth is someone who is a) the son/ the daughter of a father or a mother who are citizens…”). The recognition of citizenship implies the granting of rights: civil rights and political rights. Among civil rights are, in the Italian constitution, Art. 16 (“Each citizen can freely circulate and stay “), 17 (“Citizens have the right to peaceful assembly”), and 18 (“Citizens have the right to free assembly”). However there are no reasons why the rights to circulation, assembly and association should be reserved to citizens only and should not be extended to all individuals: they must be considered as the rights of all human beings and not of citizens only. Citizenship understood as nationality or as the condition of being member of a nation, represents severe exclusion from a political community, because nation is conceived in ethnical and naturalistic terms. In short: the conception of citizenship as nationality means that the nation is the foundation of democracy and that it excludes foreigners, as non-nationals. On the contrary: the foundation of democracy should be the constitution, and not the nation understood in ethnic terms. Considering the constitution as the foundation of democracy necessarily implies the assumption of the jus soli, the fact of being born in the territory of a State as the criterion to grant citizenship. On the contrary, the Italian law on citizenship of 1992 sets the criterion of the jus sanguinis as the foundation of citizenship and makes a distinction between citizens of the member states of the European community, who can acquire citizenship by naturalization after four years, and non-EC “foreigners”, who can acquire citizenship by naturalization after ten years.

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Module no. 1 – AMITIE Context Report FAMSI – Prof. Bernardo Venturi In the last decade, the migration-development nexus was extensively analysed among both academics and practitioners. As a matter of fact, the concept of codevelopment is better understood when placed within the larger context of the so called “Migration-Development nexus”. The idea that the diasporas could become actors of development is a cutting-edge issue in the current debate of development studies. In this framework, I will present the research conducted by the University of Bologna in order to analyse the “state of the art” on the previous mentioned nexus in the countries and cities of the AMITIE project. The research – directed by Professor Gustavo Gozzi – was conducted from March to December 2011 with field analysis and interviews (from May to July) in Riga (Latvia), Bucharest (Romania), Seville and Malaga (Spain). First of all, the report discusses a common definition of the “migration and development nexus” and tries to identify good practices and critical issues in the fields of migration and development in the partner cities and countries. Then, the research is moving from the point that the link among development, migration and human rights is more in declaration than in practice. A demonstration is that the practitioners of these three fields are almost always separated and occasionally working together. Furthermore, the relationship between development and human rights is often an implicit discourse and these two fields had separate language and spheres of work. Therefore, the risk that codevelopment remains a concept with few occasional applications is real. The use of this buzzword has sometimes taken advantage of the lack of a specific definition of the concept and has failed to implement policies that truly have a positive impact on development in countries on both sides of migration circuits. At the same time, another risk is to delegate to the immigrants the burden of development. The immigrant is not a programmed tool for development, nor an agent always working in order to improve his/her original country. She/he is a free and independent actor that may improve in different ways on the ongoing and on the original territories. Another significant issue considered in the first part of the AMITIE Context Report is the relationship with security. Indeed, at the roots of contemporary migration policies, in Western Europe, but not only, it is possible to analyse a parallel process of closure and of ‘securitisation’ of international human mobility. The problem reveals the inadequacy of the traditional nation-state framing of migration issues and the disparity between nation-state and human security concepts. The basic idea of human security is that security is not only “State security”, but a multidimensional concept with the people as main focus and parameter. It is evident that this concept may radically change the migration policy and bring more consistency with development and human rights. The social and economic remittances of migration are also examined in some aspects related to development. In particular, the economic dimension is presented from the starting point that remittances have a private value and to choose how to use their money is an individual liberty of immigrants. The relationship between migration and development emerges as rather complex and it depends on several factors that should be investigated carefully. This context report is also aimed at facilitate a discussion about a policy-oriented information system and a strategic indicators to assess the links among migration, development and human rights based upon a more comprehensive and balanced perspective. The AMITIE’ project is also focused on the link of development and migration with human rights. Working with migration policy should involve, both directly and indirectly, an attention to the respect of human rights of the immigrants and of international human rights law. At the same time, all the development policy should be informed, as highlighted in particular by the so-called human rights-based approach and by the more recent human development approach, by the respect of human rights principles and law. Furthermore, with a debate dominated by economic issues, and

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with migrants portrayed as a burden for receiving societies, and even as criminals, the issue of human rights is still neglected. This disregard is particularly acute when migration is considered as a part of the national security agenda, and when referring to those migrants who have crossed the border through irregular channels. Experiences to-date has led to the identification of a set of preliminary lessons concerning the contribution, or ‘added value’, of human rights for development that are presented in the Report, as well as the main documents issued by the UN on this issue. The Report is also highlighting the importance of human development. In fact, human development thinking has broadened the range of objectives that are routinely considered in development debate and planning, and it reduces GDP (Gross Domestic Product) from an end to instead be just one possible means or instrument, by focusing on the ‘development as the expansion of capabilities’ and on ‘development as freedom’. Furthermore in the perspective of a human rights-based approach there is a complementary relationship between the human rights principles of equality and non discrimination and strategies which focus on equity and equal opportunity: both assist development by giving all members of society similar chances to become economically productive. The first part of this research is concluded by considerations on multiculturalism and integration. To analyse the problem of integration of migrant people in the receiving countries means to analyze critically the question of the migrants’ rights as minorities’ rights in the frame of multiculturalism. This is possible if the basic premise of democracy is grounded in the constitution, not in the nation. The migrants must have some kind of culture that they share with the receiving countries: this is the culture of the constitution and not that which derives from membership in an ethnical community held together by a common descent, a common bloodline. The nation is a 19th-century carryover, and its practical meaning is that non-nationals are excluded (precisely because they have no native membership in the nation). The second part of the Report is dedicated to the specific analysis of each project country and city. In this part some differences, potentialities and critical issues emerged. Some countries, for instance, as Latvia and Romania, were historically considered countries of emigration, but recently they are becoming to immigration too. At the same time, in countries as Spain and Italy migration fluxes are present from several decades. Furthermore, for some countries local authorities are key actors for codevelopment, for other they still are not considered for migration and development issues. The specific analysis of each project country pointed out also the importance of a human rights framework in the policy-making related to migration and development. Finally, a country like Brazil is challenging the dichotomy developing/developed country refusing to be categorized in one of these two groups and working for a so called “South-South” cooperation.

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Module no. 2 – Migrations and communication processes – Prof. Augusto Valeriani Mass media and migration processes Journalism should be considered as the product of a negotiation which involves all social actors, in different ways and with a different negotiation power. In the media and journalistic representations of reality, public stakeholders (in particular institutions and political stakeholders), the system of the media and public opinion are involved in a process of ongoing negotiation in the definition of the representation of reality. Being aware of this is fundamental to understand how journalism always fails in its pretension of comprehending reality and representing it faithfully. The narration of reality by the media is based on actions of selection, framing and interpretation which include public stakeholders (politicians and institutions), the system of the media themselves and public opinion. So it is evident that journalism and, more in general, the media representations of reality, are a cultural and social product. By highlighting the social nature of journalism we intend to show that it tends to recreate and strengthen (but in some cases also to change) the representations of reality that are common within a certain social system. Indeed, the function of journalism is also to confirm every day the values and the practices a social system is based on, stigmatizing deviant behaviors and strengthening common elements. So within complex societies, mainstream media strengthen those subjects and groups which hold hegemonic positions, stigmatizing and further marginalizing the groups that hold inferior positions. In understanding the relationship between journalism and reality it is also fundamental to reflect on the rules that characterize the production processes of the news, considering that habits, professional routines, pressures from the media system and economic structures determine not only the choice of the facts that are transformed into news, but also the structure of the news and so the reconstruction of reality by the media system. So the media representation of reality is the result of a complex process which includes elements having to do with the political, cultural, social, professional and organizational dimension. It is a process that inevitably weighs on the possibility of the media system and of journalism of seeing in an “objective” way (something that is impossible for every narrative act) reality and most of all complex and controversial phenomena such as the globalization of migration flows. It is just for this that it is interesting to analyze the media representations of issues that are linked to migration events, in light of the theoretical considerations presented. It is not just a matter of identification of stereotypes and simplification processes, we should also understand that, in defining the frameworks which represent complex phenomena that are the reason of social conflicts, such as the migration phenomena, the whole social, political and economic system intervenes in order to define (and redefine) through negotiations and conflicts not only the phenomenon at issue, but also itself. By analyzing the evolution of the representations of migration phenomena in the system of Italian media, we can clearly identify sudden transformations in the national political system (the shift from the First to the Second Republic and the creation of new parties, characterized by highly xenophobic rhetoric, such as the Northern League), in the international political system (especially the doctrine of the “global war against terrorism”), in the system of the national media (the weakening of the party press and the unique Italian situation of the television system), and in the labor market of the country, which strongly affected the evolution of the representation of migrations and migrants. When analyzing the representation of migration phenomena within the mass media system, we should not consider migrants only as object, it would be a mistake, because also migrants, despite

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the fact that they are almost exclusively in subordinate positions, that is when they are invited and/ or legitimated by someone else (a journalist, a political party), actively participate in the negotiation processes of the representation of migration within a certain social system. In this respect it is particularly interesting to consider the role played by “second generation migrants” (a very controversial term, for further information on it refer to the debate that is underway in the literature of migrations). By that term we mean the children of people who experienced the migration process in person, young people (at least in the case of Italy, where the “issue of second generations” is starting to emerge as a pressing topic only now) who, differently from their parents, define their entire life project (but certainly not their identity) in their country of residence. This implies that they are more interested than their parents in playing an active role at a public level and in the way they are represented as individuals and as a group in public and within the media. With regard to that, it is very interesting to consider the discourse strategies and the self-representation strategies carried out within the media system by young second generation migrants in Italy, especially concerning their call for a citizenship acquisition process that is less complex and discriminatory. Their starting point is their condition of being “non-Italian”, because they are not Italian citizens despite the fact that they grew up in Italy. They constantly reverse this assumption in their public discourse strategies, in fact they always try to promote an image of themselves as “Italians with a hyphen”, Italian citizens with something more, a more complex and articulated cultural background, which does not make them less Italian. In this respect it is quite interesting to note the frequent strategic use of the articles and values of the Italian constitution and of the history of the country.

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Module no. 3 - Cooperation, human development, local authorities – Prof. Luciano Carrino Migrations and international development cooperation The course aims at contributing to the training of professionals of territorial development in its various economic and social aspects, through an inclusive and internationalized approach. In particular, aside from the traditional statement according to which migrants can be a resource for development, the course formulates practical work plans, based on experiences that are under way or in a pre-operative phase, on how to effectively try and use the presence of immigrants on the territory of European countries as factors of internationalized local development. The course focuses on how the participants, who are all experts and officers of regions and local authorities, could work as experts for the regional, provincial and municipal institutions which deal with matters linked to migration, in order to help them formulate and implement strategies and plans of territorial development based on the exploitation of local natural, historical and human resources. Human resources include immigrants, who can be considered as intermediaries with the cultures and the economies of the countries of origin. Of course the goal is not to send immigrants back home, but to use their potential as a factor that can foster the internationalization of the development of the territory they live in. The course illustrates experiences which show that this is not only possible, but that it produces highly positive effects, not only on the economy but also on social cohesion and on the cultural and scientific growth both in the country of origin of immigrants and in the country that takes them in. A part of these experiences concerns the management of migration phenomena among southern countries. In particular, the course illustrates how the flow of more than two million migrants was managed in Central America during the period of the civil wars (1988-1995) within the PRODERE program, showing how cooperation can be used to foster development and social cohesion. To sum up, the method consisted in dealing with the working needs and social integration needs of migrants in programs that were aimed at the population at large, from which both migrants and locals could benefit. The course also examines some experiences in Albania, Tunisia and Senegal which include migrants as positive elements of development processes through decentralized cooperation. The different forms of decentralized cooperation were studied, especially those that avoid fragmented sectorial projects and aim at establishing development partnerships for long periods between territories and social actors of the South and the North. In the Friuli area an option is being discussed: the possibility of using the fees that are paid for each migrant kept in the “CIE” (identification and expulsion center) as resources to promote internationalized development actions, in this way offering working chances to these people in other countries (not necessarily the countries of origin), after a training program and with specific investments. Territorial development plans are discussed, also including immigrants, such plans need to be based on participatory methods in order to foster a constructive and creative dialogue. Some examples are given of how the presence of migrants in Italy is used as a way to redevelop and revitalize villages that were almost abandoned. The aim of the course is to provide general training on the conception and practices of human development and to give some specific skills to participants:

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• The ability to choose among the different approaches to development, and to use the human

development approach to fight against the phenomena and the factors of economic, political and social exclusion, especially those who affect immigrants.

• The ability to pilot a process of territorial strategic programming which includes the analysis of the opportunities offered by connections to other countries, including immigrant communities.

• The ability to adopt methods of active involvement of social actors, in order to identify the potentials on the territory and involve them in the programming and management of appropriate initiatives, including the organizations of immigrants and their businesses.

• The ability to interact with immigrant communities and families and to let potentials emerge, having experience in the types of proposals and initiatives which can enhance the value of their presence and open new development opportunities.

• Knowing the dynamics and the tools for development cooperation in Italy and multilaterally, in order to be able to link them to the strategies, the plans and the initiatives of internationalized territorial development, also by means of decentralized cooperation.

• The ability to conceive and pilot projects and initiatives of social inclusion of vulnerable groups, including immigrants in difficulty, with non-subsidized methods, which open prospects for social inclusion; having a good knowledge of the different forms of social economy and of the rational use of inappropriate public expenditure (for instance customized budgets for healthcare).

• Knowing the possible financing sources (local, national and international, including those that are in the countries of origin of immigrants) of internationalized development processes.

During the course there will be a concrete discussion, starting from the situation of participants, on how to formulate an internationalization plan of local development, by means of participatory techniques, using the presence of immigrant communities, with in-depth examination of the following topics:

- Economic initiatives, mainly based on partnerships between small and medium-sized enterprises.

- Cultural initiatives with important effects on economy, based on multiculturalism: exhibitions, festivals and meetings on music, literature, journalism, figurative arts, cinema, television, sports, etc.

- Research initiatives based on a connection among different cultures. - Training initiatives based on an exchange of experiences among different cultures and

situations.

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Module no. 4 – Migration and Anthropology - Prof. Bruno Riccio The aim of the course was to introduce to the main characteristics of the anthropological approach to migration and then to discuss more specific topics such as the transforming “cultures of migration”, the situationally oriented forms of identification and affiliation within multicultural settings, and the ambivalent nuances surrounding the migration-development nexus. The first section presented some key aspects of the anthropological perspective on migration:

- An attention towards socio-cultural change (declined in the past in terms of “enculturation” and nowadays relying more on image of hybridity, creolisation, métissage, etc., etc.);

- An ethnographic focus on social relations and (kin, ethnic, religious, but also policy) networks;

- From situational perspective towards ethnicity and ethnic identity to a discursive approach to multiculturalism (essentialist, processual);

- A critical reading of various forms of cultural racism (cultural fundamentalism, rhetoric of autochthony);

- The awareness of the strong connections between immigration and emigration contexts (from rural-urban to transnational spaces);

- Sensitivity towards the transformation of the context of origin and the development of “cultures of migration”;

In countries of emigration, narratives about migrants as well as images about foreign countries and migration contexts often become metaphors for thinking about social and cultural changes, which characterize the local contexts themselves. With the purpose of discussing the ambivalent constructs of Europe and migrants emerging from diverse narratives, we saw the film entitled Tukki-Bi, by Jenny Maggi and Dame Sar, which allows to explore the opinions and perceptions of migrants held by their family members, and other people who stay at home in Senegal and provide migrants with recognition as well as with demanding expectations. Migrants are important in a number of ways for Senegalese society, with remittances being a cornerstone of the national economy and often a base of subsistence for many families. In addition, migrants’ investments are a fundamental symbol of migrants’ loyalty towards their non-migrant families and their country beyond their immediate economic significance. However the discourse on migrants entails many different nuances.

After a discussion we focused on migration and development ambivalent connections. Co-development signals an orientation towards development which sees conventional development, characterised as State-to-State (bilateral) aid programmes, as inadequate from an economic and political viewpoint. Programmes and projects, it is argued, should be ‘decentralised’, their prime movers, and the locus of their activities, should not be States but localities: local States and places, the people who inhabit them, and the institutions of civil society (NGOs, associations etc.) they created. Co-development circles also stress the importance of dialogue with migrants and their organisations. Their legitimate interests in the development process should be recognised and they should be encouraged to become ‘development actors’, dissolving the developer/developed distinction.

However, here again ambivalence can be recorded in these programmes. For instance, such projects risk feeding narratives of exclusion, while claiming to benefit the excluded. Praising the idealist European local authorities and activists, or the role of migrants’ associations as cultural mediators, is not without ambiguity if the purpose of local politicians is to return migrants to their home countries. Furthermore problems of control, of misunderstandings due to naive expectations, of idealisation of partners, of mutual disillusionment should be taken into account.

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Problems are found from the sending countries’ viewpoints too. For instance, it is argued, if

migrant workers are exploited in the receiving economy, “productive investments” run the risk of positioning them as exploiters of second degree in the context of origin, reproducing instead of undermining a system of overexploitation. Moreover, it should be taken into account that often many of these projects aim at ensuring immobility. Indeed, many projects celebrating the migration-development nexus examine the possibilities for the voluntary return of migrants in their “home”.

Furthermore, hometown or other kinds of associations must confront with local communities back home. The many activities that associations tend to promote in the places of origin have to face local societies and the tension that their actions can possibly evoke in those communities. The relationship with the broader community of origin demands attention too, being the representation of migrants ambivalent. On the one hand, the success of migrants stimulates emulation as well as the popular imagination; on the other hand, some people argue that migrants succeed only because they become rich in a fraudulent manner. Moreover, the priorities put across by migrants can contrast with kin, generational or gender hierarchies. However problematic co-development may reveal itself, it can provide the means for migrants, individually and/or collectively, to fulfil their own projects and it is often a mean for social change and power re-negotiations along gender and generational lines as well as along ethnic lines within the receiving contexts.

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Module no. 5 – Migrations, identities and cultures: an ethno-psychoanalytical approach - Prof. Patrizia Brunori Psychological aspects for an intercultural training Emigration is a very complex and ever-changing phenomenon. The words “emigration”, “migrant”, “immigrant” include more and more many different existential situations that should be introduced with attention and sensitivity in order to devise constructive projects and interventions in the social field. People migrate for economic reasons, but also escaping from places in which society is plagued by violence and the systematic violation of human rights. People escape from countries where there is war, whose objective is more and more to attack the community, in all its expressions: culture and everyday activities, social and family ties. The migration experience is different for a young man, a woman, a family, an abandoned child or a teenager alone, and it is different if a person left with a well-organized migration project, supported by his family in his country of origin, or if a person escapes or is an exile or a refugee. Every immigrant goes through many frontiers in his traveling: geographical, social, political, cultural, and linguistic ones, - so a training course for people who meet immigrants at different levels should make use of many different languages to tackle this complex world. How could we organize the training projects from a psychological point of view, starting from this interdisciplinary approach? What are the goals, the subjects, the methodology and the reference theories? The goal The goal is to provide the group with knowledge about the psychological dynamics of emigration processes and the problems of the intercultural dimension in the interaction with the other, and at the same time to recognize individual and group psychic dynamics that can lead to stereotypes and prejudices. The subjects How is the migration experience characterized in the life of a person? What are the sufferings of identities at an intra-psychic level, in a person’s inner world; at an inter-subjective level, in other words in the relationships with other people, and at a trans-objective level, in the social context? What are the expectations, the fears, the dreams, the projects, the risks, the practical problems and the emotional pains? How is the relation to the dimension of the past, to the family and the country of origin and the investment in children and the future? How is the experience of being children, born in a country that is different from the country of origin of the parents? What does it mean to be parents and what are the problems of filiation and affiliation? What does it mean at a psychic level to meet the foreigner, the stranger? And what does it mean to social workers, who work in services at different levels, to face the complexity and the change linked to multiethnicity and multiculturalism? What are the possible effects of feelings of curiosity, empathy, helpfulness, but also impotence, fear, pain and emotional stress on the professional relationship? If these feelings are not accepted they often produce psychic defenses that are dysfunctional to a vital and creative relationship. What are the significant aspects of the complexity of communication in an intercultural relationship?

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Training inside the group In my opinion we should implement a training methodology which fosters a process of learning through experience, so that learning starts from theoretical, clinical and narrative stimuli and can be integrated in the experience of the working group, through the association with observations, thoughts, emotions and experiences in the field which can emerge within the group itself. It should be a kind of training that can enable to compare experiences, to generate questions and to organize personal work according to bases and objectives that are not the product of ideology but of theoretical and experiential knowledge. The heterogeneous composition of the group, consisting of social workers from different services, increases the complexity of the training experience but, if employed in the right way, contributes to its richness, in fact it is possible to exchange our opinions, discussing about different points of view and reference points which contribute to complementarism and decentralization, that are key concepts for communication in an intercultural relationship. Theoretical references The theoretical reference is mainly ethno-psychoanalysis, as it was developed in France, in contemporary age, by M. R. Moro, starting from the contribution of Devereux and then of Nathan. Reference is made also to theoretical observations and experiences of other authors in other contexts (Losi, Beneduce, Taliani..) Complexity of the migration process

• An analysis of the complexity of the migration process, according to an approach which takes into consideration individual, relational, familiar, psychological and cultural variables, and structural, social, economic and demographic variables (Losi, Ippolito IOM 2003)

• Migration is seen as a complex process, made up of different phases: the decision to leave, which can be rapid or due to sudden needs, or which can require a lot of time or even be put into practice after generations; the journey; the arrival and the first period of settlement; the integration process; the investment in the new society; the search for a job and a house; the relationship to the family; the processing of feelings of nostalgia, estrangement, hope and of feelings linked to planning; institutions (Losi, Grinberg, Moro, Nicolussi, Taliani)

• Vulnerability and resilience as dynamic psychological dimensions which are linked to different variables, that can be subjective (individual characteristics), inter-subjective (the relation with others) and trans-subjective (relations with the socio-cultural context).

The foundations of the ethno-psychoanalytical approach (Devereux, Nathan, Moro) Ethno-psychoanalysis is based on the recognition of psychic universality and cultural differences. It develops from the interrelation between psychoanalysis and anthropology. Psychoanalysis highlights human subjectivity and its affective, phantasmatic and cognitive states. Anthropology is aimed at understanding the common factors which characterize human activities and their organization. According to this approach, the following concepts are analyzed:

• Identity and culture, two inseparable aspects of the processes of identity development, two concepts that are dynamic, plastic, subject to change

• Migration trauma: the migration experience is a potentially traumatic experience • First and second generations • Specific vulnerabilities and trans-cultural risks: pregnancy and birth, first school years,

adolescence • Transgenerational transmission of the trauma

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• The challenge of métissage and cultural transformations • Acculturation, deculturation • The complexity of the transcultural relationship: when the context changes, such as in

migration, there is a need for more complex relation and treatment models, and it is fundamental to consider the origin, or the cultural system one belongs to, and movement, or the acculturation processes. Every setting is of a trans-cultural kind, and a trans-cultural setting always needs complex thoughts and behaviors.

• Theoretical bases of the complementarism of approaches and of the decentralization in listening, in order to recognize psychic features, both the universal and the specific ones, in order to be open to the narration of the other, and to build a common meaning.

• The psychological dynamics in the creation of prejudices and stereotypes

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Module no. 6 – Migrations and Co-development– Prof. Pinto and Prof. Ilaria Cicione Immigration and development For people who deal with migrations it is fundamental to consider what happens outside our borders and in particular in the countries of origin of migrants, in order to understand the causes of migrations and to gain knowledge of the cultures of origin, but also to understand the complex inter-relations between the different parts of the planet. We focus our analyses on migration flows, which go in many directions and not only to the “North” of the planet, actually it is exactly the opposite, the main direction is South-South and also, even though less frequently, North-South. The reason of these flows is often the search for a job, but it is not the only reason, as refugees show us. But the inter-relations between the different areas of the planet do not concern only migration flows, they develop at many levels, economic, political, cultural and environmental levels. So, in order to contextualize migration flows, in cooperation with the Statistical Dossier on Immigration Caritas-Migrantes, every year we analyze the data on population and development (starting from the analyses on the Development Objectives of the Millennium). And in building this framework, we express clearly our vision of development and our firm belief in the need for an active cooperation to development. However, it is important to make clear that the global approach which we present should not be confused with the simplistic claim “Let’s help them in their own countries!”, which is defended and explained with statements that are similar to the following one: “… this is the only way to stop the migration flow and all the tensions and security problems that our invaded cities have to face every day”. This philosophy is the opposite of our proposal of development support. In this course we would like to consider (and confute) the statement according to which by supporting development it is possible to reduce immigration, so that its raison d’etre is linked to this specific aim. First of all we think that it’s simplistic to claim than cooperation can stop or slow down immigration flows. As the different papers published on the CESPI site remind us (in particular those by A.Stocchiero and F.Pastore), there is a historic and complex relationship between migrations and development. The relationship between development and migration flows is not univocal and depends on many factors that need to be investigated, case by case. Many researchers, on the other hand, support the thesis of the migration hump, according to which sometimes (especially in the initial phases) development does not reduce migration flows, on the contrary, it encourages them. Furthermore we would like to present the debate at a European level: in 1999 at the Extraordinary European Council of Tampere – where the foundations for a common EU policy on asylum and migration were laid – the prevailing idea was that development cooperation could be a tool to reduce migration pressure. A radical change took place only in September 2005, with the Communication “Migration and development: concrete guidelines”, which confirms the need for consistent migration and cooperation policies, but no longer with the goal of reducing migration pressure. The new goal is to maximize the positive impact of migrations on the contexts of origin (through co-development) and to develop integration policies in the countries of residence. This new approach of the European Union should be considered a positive one, even though there are still policies that focus on controls at the borders. We hope that European policies can be implemented which recognize migrants as resources to invest in, also in the interest of the contexts of destination. The alternative to closing borders, a solution which would foster illegality, is to program flows, because the availability of a regular labor force is functional to a development of the legal Italian economic system, avoiding conflicts between the workers who are already working in Italy and newcomers.

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Newcomers are people (not “arms”) who contribute to the development of Italy and should have the same rights and duties as locals, in order to reach integration with their families. Finally, integration policies should not be an alternative to development cooperation strategies. They are two sides of the same aspect, of the same global solidary approach according to which we fight against poverty in the so-called “developing countries”, a poverty that is often caused by the current development model, which preserves the well-being of the so-called “advanced countries”. At the same time, here in Italy we work for the integration of the people from these countries, who are looking for a job here, welcoming them in the same way as many Italians wished to be welcomed, not so many years ago, when they moved abroad to look for a job.

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Module no. 7 –Migratory processes and international law– Prof. Marco Balboni EU IMMIGRATION AND ASYLUM POLICIES The purpose of this module is to analyze the main legal aspects of the European Union immigration and asylum policies. The objects of the analysis will be, therefore, the EU Charter of fundamental rights, the founding EU treaties, especially the Lisbon Treaty and relevant EU Directives and Regulations, as well as the European Union Court of Justice’s case law. First of all, it is necessary to explain how the EU competence on immigration and asylum policies has changed so far, from the first attempts to cooperate in these matters with the Schengen and Maastricht agreements to the treaty of Lisbon which entered into force last year. Secondly, an overview of the substantive aspects of the Immigration and Asylum Policies will be given.

The EU competence on Immigration and Asylum Policies

The first serious attempts to cooperate in the field of the Immigration and Asylum Policies were made in the 80’. However, they were realized outside the framework of the European Communities, due to the lack of a sufficient self-confidence and agreement between the Member States (so called Schengen agreements). The situation changed with the Maastricht treaty which entrusted the new established EU with a new competence in the matter. However, the Member States choose as decision making process the intergovernmental method rather the communitarian one. Beside the Communities, a new pillar was established, the so called third pillar on Justice and Home Affairs. The Amsterdam treaty (1999) communitarized the matter, even if some special rules were provided for. With the Treaty of Lisbon, the Immigration and Asylum Policies have become a competence subject to the same rules of any other EU policy.

Immigration Policy

The main aspects of the Immigration Policy relate to the legal entry of third-country nationals in the EU Member States, the combat of the illegal entry and the removal of third-country nationals illegally residents in the territory of the Member States. Legal entry of third-country nationals The EU has enacted some acts on legal entry procedures into the European Union Member States. Among the main acts, there can be mentioned Council Regulation (EC) n. 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals. Through this Regulation, the European Union has introduced a uniform format for residence permits, that is an authorisation issued by the authorities of a Member State allowing a third-country national to stay legally on its territory. When migrants reach a relatively stable condition of residence in a foreign State, they may wish to bring family members to that State. Migration of family members raises issues on the right to respect for family life and family reunification. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification has the purpose to determine the conditions under which third-country nationals may exercise the right to family reunification, that is, third-country nationals who hold a residence permit valid for at least one year in one of the Member States and who have the option of long-term residence can apply for family reunification. In particular, the ones eligible for family reunification are the sponsor’s spouse and the children of the couple.

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The Directive, furthermore, allows, but does not oblige, Member States to extend this right to first-degree relatives in the direct ascending line of the third country national or of the spouse, where they are dependent on them and do not enjoy proper family support in the country of origin. This directive points out the importance of developing an integration policy that will grant third-country nationals rights and obligations comparable to those of citizens of the European Union.

Illegal entry and removal of third-country nationals The EU plays an important role in fighting illegal immigration. Among the main acts which aim to prevent illegal immigration, there is Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence, and Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence. With regard to the control of external borders of the EU, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) plays an important role. Frontex has the main task to coordinate operational cooperation between Member States as regards the management of external borders. In this context, ‘external borders’ means Member States' land and maritime borders, airports and seaports. With regard to the procedure to return illegal immigrants, it can be mentioned Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. This directive establishes common standards and procedures for Member States in order to remove illegally staying third-country nationals from their territories. The EU Member States have to follow some procedures that go from the less coercive measures to the more coercive. That is, the first measure is a return decision, which must allow for a period of voluntary departure of between seven and 30 days for the illegally staying third-country national. If the third-country national has not complied with the return decision within such a period, the Member State must enforce their removal. In specific cases, and when less coercive measures are not sufficient, Member States may detain a third-country national during the return procedure. The EU Court of Justice has played a relevant role in interpreting when detention of irregular immigrants is unlawful, under such a directive, in the El Dridi case (28 April 2011, Case C-61/11). In particular, it concluded that the Member States cannot provide for a custodial sentence in order to remedy the failure of coercive measures adopted in order to implement a forced removal as they have to continue their efforts to enforce the return decision. In order to make return policy more efficient, effective cooperation with non-EU countries on the basis of readmission agreements is also necessary. Currently, the EU has readmission agreements with several countries, such as Sri Lanka, Russia, Ukraine, the Western Balkan countries, the Republic of Moldova, Georgia and Pakistan, while others are being negotiated. Asylum Policy The main acts concerning Asylum Policy are the Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (Qualification Directive), the Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (Procedures Directive), the Directive 2003/9/EC (Reception Conditions Directive) and the European Union Regulation 343/2003 (Dublin Regulation).

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Qualification Directive The Qualification Directive contains the same definition of refugee as the Geneva Refugee Convention as well as the same grounds for exclusion. However, there are relevant differences. The Directive, for example, expands the exclusion ground of “serious non-political crimes”, by specifying that “particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes”. The Court of Justice stated that “terrorist acts” are to be regarded as “serious non-political crimes” and as “acts contrary to the purposes and principles of the United Nations”, hence excluding from refugee status people implicated in these acts (Bundesrepublik Deutschland v. B and D, Joined cases C-57/09 and C-101/09, 9 November 2010). The Qualification Directive establishes that international protection be granted not only to refugees, but also to persons eligible for “subsidiary protection”. “Subsidiary protection” is granted to third country nationals or stateless persons not qualifying for refugee status “but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm […], or, owing to such risk, unwilling to avail himself or herself of the protection of that country”. Under the Directive, serious harm includes, first, the death penalty or execution; second, torture or inhuman or degrading treatment or punishment in the country of origin; and third, “serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict”. It emerges, therefore, that the principle of non-refoulement, prohibiting States to transfer anyone to a country where he or she faces a real risk of persecution or serious violations of human rights, is a fundamental principle of EU law. The Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (“the Temporary Protection Directive”) sets out procedures to provide immediate and temporary protection, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin. In particular, the procedure will be triggered when there is a risk that the asylum system will be unable to process this influx. Procedures Directive The Procedures Directive guarantees a minimum level of procedural safeguards in all Member States for those who are genuinely in need of international protection, whilst preventing abuses of asylum applications which undermine the credibility of the system and place additional administrative and financial burden on member States. The Directive aims to ensure that throughout the EU, all asylum procedures at first instance are subject to the same minimum standards. Subject to some exceptions, the Directive guarantees the opportunity of a personal interview for asylum applicants as well as the basic principles and guarantees for the examination of claims. These guarantees inter alia include comprehensive information about the procedure at the start of the process, a motivated decision on the asylum claim, access to legal assistance and interpretation services and the Member States' duty to meet special needs of unaccompanied children. The Directive provides also that all asylum decisions in the systems of participating Member States shall be subject to judicial scrutiny. It also enhances the capacity of Member States’ asylum authorities to decide quickly on the applications of persons who legitimately seek refugee protection in the EU.

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Reception Conditions Directive

The Reception Conditions Directive aims to provide for some minimum rules concerning the receptions of asylum seekers in the Member States. Dublin Regulation

The Dublin Regulation holds that only one Member State can examine the asylum application for a third country national and provides criteria to identify which Member State is responsible for it. The EU Member States compliance with human rights, under this Regulation, has been analysed by the European Court of Human Rights and the EU Court of Justice, respectively, in the M.S.S. case (21 Janurary 2011) and N.S. case (22 September 2011, Case C-411/10 and C-493/10). Both Courts underlined the role of the “sovereignity clause” of Article 3.2 of the Regulation in order to avoid breaching human rights obligations. The support of the information technology system Information technology (IT) system plays an important role in collecting and exchanging data on immigration and, therefore, it enhances and improves the security within the EU. This is mainly composed of SIS II, VIS Regulation and Eurodac. In order to strengthen the security of movement of persons in the EU, it has been created the second generation Schengen Information System (SIS II). This is meant to substitute the previous instrument, known as SIS 1+, and will be a large-scale information system containing alerts on persons and objects. It will be used by border guards, customs officers, and visa authorities throughout the Schengen area. The Visa Information System (VIS) Regulation facilitates the exchange of visa data between the European Union countries applying the common visa policy. Thus, the examination of applications for short stay visas, decisions on extending, revoking and annulling visas, and the verifications and identifications of visa applicants are facilitated. The Eurodac system enables European Union countries to help identify asylum seekers comparing their fingerprints with some categories of illegal immigrants. It facilitates the application of the Dublin II Regulation.

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Final round table – May 11, 2012

The final meeting of the Higher Education Course was divided in two sessions: a) the morning session was an internal meeting between teachers and course participants; b) the afternoon session was a meeting for regional leaders, local authorities leaders and university teachers who are experts in the problems of immigration and communication. First session The meeting was opened by Prof. Gustavo Gozzi from the University of Bologna, who gave the following speech: “Today’s meeting represents our willingness to take stock of the Higher Education Course “Migrations, Development and Human Rights”. The course, as everybody knows, is part of the Amitié project (Awareness on Migration, development and human rights through local partnerships) and is the second phase of the activities coordinated by the University of Bologna, after the research carried out by the University of Bologna on the different ways in which the migration process is tackled, in its relationship to development and from the point of view of human rights. The Course aimed at providing higher education, increasing the level of knowledge and awareness. Knowledge and awareness are two different aspects: knowledge means to acquire elements, whereas awareness means to understand the relationships between the elements of knowledge: what is the relationship between migration and development, between migration and integration, and among migration, development, integration and human rights? Did we manage this? This is the first question. The question is formulated in this way because the course involved both teachers and students in this process of knowledge and awareness. The course, as we have seen, was divided into 7 modules which enabled us to understand the relationships according to different perspectives: political, legal and social theory, communication, cooperation and human development, anthropology, co-development, international law and ethno-psychoanalysis. There is always something missing: for instance the relationship between migration and criminality and between migration and health service, for this reason we have involved some experts who can enrich our perspectives and who will take part in the second session of this meeting. What else is missing? This is the second question. There are other perspectives that I would like to take into consideration. First of all, how can the knowledge, competences and awareness acquired be translated into guidelines for policies aimed at reaching integration? This is the third question, which is deeply linked to the contents of the course. The relationship between migration and development was highlighted, and more precisely the relationship between migration and co-development, that means that migrants can contribute to the growth and the development of the country that takes them in, at the same time contributing to the development of the country of origin. The first aspect is very interesting: the migrant also contributes to the development of the country that should welcome him, to the human development of this country, because his presence, characterized by cultural diversity, should play a role in a change of mentality and of customs, in the extension of rights, in the creation of a new democracy. But in order for them to play this important intermediary role between countries and different cultures, they need to be integrated, but through what kind of policies?

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Through what regional and local initiatives? Through what school policies (in municipal nurseries, kindergartens and municipal schools), through what kind of social services and healthcare policies? What proposals can we make? I think that the proposal that came out from this course is the content of the course itself. The course showed that migration processes and their subjects, migrants with their families, their children and their expectations for the future, should be welcomed in their whole complexity, from the point of view of culture, society, religion, language, anthropology, psychology, law, economy, demography and politics. Were the services conceived according to this perspective? Do school, healthcare and social services follow this perspective? Were the people working in these fields trained in this way? Are we aware of this need? The regional social and health plan 2008-2010 seems to express this awareness, because it states that “in order to guarantee equal rights to foreign children and teenagers, but the problem does not concern only children and teenagers, it is necessary to qualify the ability of service workers and of services to understand their needs and how they express themselves in the different cultures, and it is necessary to adapt the reception resources to the needs of children and teenagers, who should be welcomed, with their culture”. Do we intend to allocate resources in order to enable training in this field? Is this considered a priority? These are the main questions that, in my opinion, the higher education course has generated. Discussion During the discussion appreciation was expressed for the interdisciplinary approach of the Higher Education Course and the level of knowledge and awareness reached was evaluated in a positive way. Prof. Bruno Riccio dealt with the complexity of the relationship between a universalistic and a specialistic approach to immigration, proposing a solution that is based on concrete practices, rather than on theoretical models. However, as it emerged, the course also lacked something, this was inevitable for a course that dealt with a very complex subject, migration. In particular it was highlighted that it would have been important to present literary and artistic texts on immigration and literary and artistic works and films by immigrants (Michele Righini and Giulia Grassilli). During another speech mention was made of all the efforts, the hard work, the attention and the sensitivity that led to the creation of a library system which meets the needs of immigrants (Simona Brighetti). It was pointed out that the different types of immigration could have been highlighted, according to the different origins. At the same time it was underlined how the course showed the urgency for a training of service workers, officials, and teachers, who sometimes consider diversity as a problem and not as richness (Cristina Tampieri). The difficulty in changing the representation of the migrant by the majority of the population was highlighted, in order to enable a positive evaluation of cultural diversity (Fausto Ameli). It was pointed out that maybe it would have been appropriate to involve more also immigrants in the organization of the Higher Education Course, which however received a positive evaluation, because the course presented contents that can lead to the creation of a “dialogue platform” which includes universities, local authorities, and NGOs, to reflect on the training of service workers and on a possible reorganization of the services (Mirella Orlandi). Lucia Fresa stated that, although the course strengthened the knowledge and the awareness of the topics dealt with, it would be necessary to elaborate on those topics, also in practice, she also referred to the concept of “thinkability spaces”, introduced in the course by Dr. Brunori, as a fundamental need for service workers. She also highlighted the importance of course guidelines for the policies of the services.

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At the end of the first session Mrs. Leyla Dauki explained in detail the rich and important experience carried out with migrants within the focus groups. Sherif Bah presented the story of his difficult travel from Libya to Italy, with an intense and touching narration, and with the hope that the idea of a common land can arise and establish itself. Second session The afternoon meeting was opened my Mrs. Lucia Fresa, who presented in a wide and comprehensive way all the aspects of the “Amitié” project, highlighting all the potentials in the current phase of critical evaluation of the services. Then the floor was given to Dr. Angelo Stefanini from the “Study and Research Center for International and Intercultural Health2” of the University of Bologna, who observed that inequalities affect health and that our healthcare system is “incompetent” in health matters. It is necessary to compensate for that by providing training starting from the university curriculum. In this respect Dr. Stefanini underlines that some initiatives are being carried out with the Emilia Romagna region. The training of doctors should be reconsidered, questioning the hierarchical organization of the transmission of knowledge, also giving cultural competence to doctors, not providing them only with a bio-medical training. Also hospitals should relate to the territory, focusing on the community. Then Mrs. Chiara Bodini took the floor, explaining the highly innovative nature of the “Study and Research Center for International and Intercultural Health3” directed by Dr. Angelo Stefanini, due to the fact that the center provides interdisciplinary training, with the collaboration of anthropologists, psychologists, sociologists and jurists. After that a speech was given by Prof. Dario Melossi from the Law Faculty of the University of Bologna, who focused on criminality and deviance, dealing with these topics starting from the condition of the migrant, and identifying three typologies:

- Unaccompanied foreign minors, those who are most subject to risks of deviance; - First generation minors, whose deviance is slightly lower than the average; - Second generation minors, whose level of criminality is the same as their Italian

counterparts, of the same age. Finally Dr. Patrizia Brunori and Prof. Bruno Riccio took the floor. Dr. Brunori focused on the need to integrate the psychic dimension with the cultural dimension, highlighting the importance of guaranteeing “thinkability spaces” to service workers. Just as Freud brought to the United States the “plague of psychoanalysis” it would be important to bring the “plague of thinkability” into services. She also expressed the hope that experiential training groups can be set up, within which service workers, with the help of a leader who is external to the institution, can discuss their experiences, develop practices and deepen their knowledge. According to Prof. Bruno Riccio it is important to strongly integrate the training model with practice. He also underlined the importance of a discussion among peers within the Higher Education Course. Then the second session continued with the speeches by Mrs. Giulia Grassilli and Prof. Pina Lalli of the University of Bologna, who illustrated the contents and the methods that will be used to carry out the communication campaign.

2 Original name of the center in Italian: “Centro Studi e Ricerche in Salute Internazionale e Interculturale” 3 Original name of the center in Italian: “Centro Studi e Ricerche in Salute Internazionale e Interculturale”

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Mrs. Grassilli expressed the need to involve migrants in the campaign, in particular making use of the experience of the focus groups, and the need to carry out the campaign in cooperation with the scientific committee, which includes all the partners of the “Amitié” project. Mrs. Fresa suggested to find options to involve other institutions in the realization of the campaign, such as the province, the region and the municipalities represented in the Higher Education Course, and the European Coalition of Cities against Racism, in order for the campaign to reach also public offices. Prof. Pina Lalli highlighted the importance of a campaign that is mainly aimed at those who are indifferent or hostile to migrants, leading to an integrated communication through a “community building” process. Mr. Stefano Ramazza from the Province of Bologna took part in the debate, expressing the hope that the Council of foreign and stateless citizens of the province of Bologna is involved in the campaign. Prof. Dario Melossi suggested the importance of not underestimating the legal aspects that are linked to the socio-economic context within which the campaign will be launched, in order for those aspects to become strong and not weak points of the campaign. Prof. Gustavo Gozzi drew the conclusions of the round table, underlining, on the one hand, the operational recommendations of the Higher Education Course for the realization of a “dialogue platform” which involves universities, local authorities, the region and NGOs, in order to reconsider the training of service workers and the organization of services and, on the other hand, the centrality and the importance of the communication campaign which should be aimed at changing minds, changing the representation of the migrant, in order to understand all the richness and the positive features of the migrant condition. He also added that, paradoxically, the current crisis can facilitate the creation of a new model of society, based on solidarity, co-development and multiculturalism.

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