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21 April 1997 Doc. 7807
ADOC7807
OPINION1
on the situation in Albania
(Rapporteur: Mr Tadeusz IWIŃSKI,
Poland, Socialist Group)
________
1. Introduction
1. The ongoing economic crisis and political and civil disorder which broke out and escalated during the last few weeks in Albania have resulted in a mass outflow of Albanians to neighbouring countries, in particular to Italy and Greece.
2. The Committee on Migration, Refugees and Demography, concerned with the gravity of the situation, authorised the Rapporteur to visit Italy in order to get acquainted with the developments on the spot, and, if necessary, propose some measures aiming at the improvement of the situation. The Rapporteur visited Rome and Brindisi (main port of destination for the Albanian refugees) on 4-5 April 1997. During his visit he met: the Under-Secretary in the Ministry of Interior, local authorities responsible for receiving the Albanians in Brindisi, as well as representatives of different organisations, including the Red Cross, Caritas, UNHCR and the Italian Refugee Council. He also visited a reception centre for unaccompanied minors situated near Brindisi.
3. The purpose of this opinion is to draw the attention of the Assembly to different aspects of large-scale migrations following the Albanian crisis, including the humanitarian situation of refugees, as well as the short- and long-term consequences of the mass influx of migrants for the host countries.
4. It is obvious that the best way to solve the problem of Albanian refugees is to help their country recover from chaos and violence, and to end the conflict, which would make possible their voluntary return. In this context the Committee welcomes the establishment of the multi-national force, led by Italy, to protect the supply and distribution of humanitarian aid.
2. Refugees in Italy
5. The total number of arrivals from Albania to Italy since the beginning of the crisis (ie after 1 March) amounted to 13 450 people on 14 April 1997.2 The vast majority arrived by sea before the Italian naval blockade, started on 23 March 1997; only approximately 200 people came after that date, having avoided the Italian sea patrols.
6. All arrivals have been admitted to Italian territory. After the registration procedure they were provided with food, material support and medical care, and then transferred to reception centres in different regions all over Italy.
7. Around 90 % of refugees had no identification papers. 1 741 persons submitted official asylum requests during the period in question. They are examined in accordance with usual asylum procedure3.
8. On 19 March the Government issued a decree-law No. 16 regulating the status of Albanian arrivals (it was signed on 20 March by the President of the Republic). Based on the principle of humanitarian admission, it defines measures for temporary protection. According to its provisions Albanian refugees will be authorised to stay in Italy for 60 days (with a possible extension to 90 days), pending improvement of the situation in Albania. It allows for immediate expulsions in certain cases, in particular of Albanians who are either convicted and/or wanted in Albania, or who have committed offenses in Italy.
9. Following the detailed pre-screening procedure (including fingerprint checks) a number of individuals who either had tried to enter Italy illegally in the past, or had criminal records in Italy, were identified and expelled to Albania. Moreover Italy has requested the collaboration of the Albanian authorities and Interpol to identify criminals, in particular those who had escaped from Albanian prisons. Subsequently, an agreement between the Italian and Albanian authorities was signed. Since 19 March the Police Office in Bari and Brindisi have been receiving from Albania photos and data on fugitive prisoners. Several NGOs including the Italian section of Amnesty International have expressed concern regarding the identification procedure which, in their opinion, does not fully guarantee the exactitude of its conclusions. In a press release of 20 March, Amnesty International appealed to the Italian Government to strictly observe the principle of non-refoulement, and not to exclude arbitrarily anyone from its protection.
10. The total number of Albanians returned amounted to 1 183 at 11 April 1997. This number does not include 794 voluntary repatriations.
11. On 23 March the Albanian and Italian Governments agreed on the naval blockade of the Adriatic by the Italian Navy, which would intercept on the high seas all boats carrying Albanians fleeing their country and return them to Albania. This was a consequence of the position adopted by the Italian Government that after the establishment of the Reconciliation Government people were increasingly leaving Albania for reasons not related to a need for protection. The decision was taken out of concern not to open borders for illegal economic migrants. As already mentioned above, only approximately 200 Albanians managed to avoid the blockade and successfully arrive in Italy. On 28 March an Albanian boat sank after colliding with an Italian corvette in the Otranto Channel. This accident did not influence the Italian decision on the blockade.
12. Moreover the Public Prosecutor's Office in Brindisi started an investigation into the criminal organisations involved in the traffic in human beings which manage the present transport of people from Albania to Italy. In the opinion of the Italian Ministry of the Interior, continuous smuggling of immigrants is totally in the hands of criminals.
13. Albanian refugees are currently hosted in 110 reception centres all over Italy. At request of the Italian authorities, the Italian Red Cross, with its 2 000 staff, has taken on overall responsibility for the running of the centres, and different services like medical care, social assistance and aid deliveries. The material conditions in which the Albanian refugees are received are satisfactory. After registration, they are allowed to leave the centres (except for unaccompanied minors), and circulate freely in Italy. According to recent reports, a significant number have left the reception centres, without informing the administration, for unknown destinations. This gives rise to concern that they may intend to stay illegally in Italy after the expiry of the permit.
14. Co-operation between the Italian Government and non-governmental organisations is smooth, although the involvement of NGOs other than the Italian Red Cross and Caritas was minimal in the first stage of the refugee crisis. On 17 March more than 20 NGOs, among them the Italian Refugee Council, the Italian Consortium of Solidarity, the Federation of Evangelical Churches and the three major trade unions created "National Coordination for Albania". On 4 April a Coordination Committee, grouping government officials, the NGOs from "National Coordination for Albania", and other organisations, including the UNHCR, was established.
3. Refugees in Greece
15. The total number of legal entries from Albania to Greece since the outbreak of the crisis reached 26 529 on 13 April4. The vast majority of them were holding valid Greek visas, and did not express a wish to stay in a reception centre. Many of them belonged to the Greek minority in south Albania, estimated at 250 000-300 000 persons. A small number of legal entries (50 until 19 March) were permitted on a humanitarian basis, without a visa.
16. At the same time, illegal entrants (nearly 10 000 until the end of March) were submitted to the return procedure unless they presented reasons for protection of a humanitarian nature, justifying their stay in Greece. Only a very low number of illegal entrants (below 100 - no exact figure available) were allowed in to the territory for a temporary stay on the humanitarian basis. They have been provided with accommodation, material support and medical care in a number of reception centres.
17. The Greek Foreign Ministry considers that the flow of Albanian citizens is at its usual level. It is worth noting that before the crisis around 300 000 Albanians resided in Greece. The insecurity on the roads leading to Greece and controlled by gangs is one more reason for the relatively small number of Albanian refugees seeking protection in Greece. The main reason however is the small probability of admission to Greek territory which prevents many possible refugees from even trying to cross the border.
4. Refugees in the Federal Republic of Yugoslavia and
"the former Yugoslav Republic of Macedonia"
18. The Albanian-Yugoslav border has remained officially closed for Albanian citizens since the beginning of the crisis. Additional military units have been deployed in the area in order to prevent illegal crossing of the border. Illegal entrants, if caught, are expelled immediately. Neither NGOs nor the UNHCR are given access to these people.
19. According to available reports, no arrivals of Albanian citizens have been noted in the Kosovo region since the outbreak of the crisis. The authorities have security concerns due to the huge number of weapons in the hands of Albanian civilians: if arms were smuggled into Kosovo, this would aggravate problems in that region; the presence of the Yugoslav army in the region has increased.
20. According to the Yugoslav authorities, many Albanians have entered Montenegro illegally and are now staying with relatives living near the Albanian border. They are not traced by the police. However Albanians who are caught trying to enter Montenegro illegally are deported to Albania immediately.
21. Very few Albanians have arrived in "the former Yugoslav Republic of Macedonia".
5. Conclusions
22. Of those who left Albania in the first stage of the crisis, some had been individually targeted, while others were fleeing the general situation of violence. Both these groups had need for protection during the crisis, and were entitled to temporary protection in the neighbouring countries.
23. The Italian Government's prompt decision to admit to its territory, in the first stage, all those arriving, followed by quick legal regulation of their status, along with the outstanding organisation of the reception, set an example to be followed in possible future similar cases. Certain objections raised by the NGOs, and the UNHCR (such as possible violation of the principle of non-refoulement when deporting persons identified as a "threat to the state security") need careful re-examination. It is worth underlining that the Italian authorities have drawn conclusions from their earlier experience with Albanian migrants (about 25 000 Albanians arrived in Italy in 1991).
24. On the other hand, territories of other neighbouring countries were much less accessible. The very small number of Albanians admitted to Greece without a valid visa gives rise to serious concern. Massive deportations of illegal entrants without proper examination of individual cases may have resulted in the exposure of many people to direct danger.
25. The Yugoslav "closed border" policy, and total lack of access to the asylum procedure are in clear contradiction to the 1951 Geneva Convention.
26. Increasingly, along with the stabilization of the situation after the establishment of the Reconciliation Government, more and more people took advantage of the general situation and left Albania for reasons not related directly to protection needs. However, this did not exclude the possibility of individual cases of persecution. Therefore the decision by the Italian Government to institute a naval blockade, to thus preventing any potential victims of persecution from being given protection gives rise to concern. It was unanimously criticized by the NGOs and the UNHCR.
27. International cooperation in the fight against criminal networks making profits from smuggling migrants should be increased and made more efficient. The activities of these criminal organisations have increased considerably, in particular during the second stage of the crisis in Albania.
28. The situation of Albanian refugees in Italy should be closely followed by the Assembly . The Italian experience will undoubtedly be taken into consideration by other governments if similar events should occur in the future. Temporary protection status implies return to the home country. Although the deadline for this return is clearly indicated in the decree-law No. 16, it should be reconsidered if the situation in Albania gives rise to concern.
29. The international diplomatic efforts and the present multi-national humanitarian operation give grounds for optimism as to future developments. Free and fair elections will constitute a main precondition for democratisation. An important role should be played by the international organisations, in particular by the Council of Europe, in this process.
30. The Committee on Migration, Refugees and Demography welcomes all initiatives taken by the Council of Europe aiming at the reconciliation and stabilisation of the situation in Albania, and in particular the proposal in Recommendation 1316 of the Parliamentary Assembly to establish a tripartite task force with the European Union and the OSCE. The present debate, and the resolution to be adopted, will hopefully contribute to the stabilisation process.
31. Although the situation in Albania has improved considerably since the new Reconciliation Government was formed, order is not yet entirely established, and armed gangs continue to threaten public security. Individuals may be still in danger of persecution, and therefore access to the refugee determination procedure should be guaranteed.
Reporting committee: Political Affairs Committee (Doc. 7806).
Committee seized for opinion: Committee on Migration, Refugees and Demography.
This opinion was approved by the Committee on Migration, Refugees and Demography on 21 April 1997.
Secretaries to the committee: MM. Newman, Sich and Mrs Nachilo.
APPENDIX
Excerpt from the Official Gazette of the Italian Republic, general series, no. 66
Legislative Decree No. 60 of 20 March 1997
Special measures to deal with the exceptional influx of non-Community foreigners entering from Albania
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 77 and 87 of the Constitution;
Considering the urgent need to make provisions to meet the specific demands raised by the exceptional influx of non-Community foreigners entering from Albania;
Having regard to the decision of the Council of Ministers taken at the meeting of 19 March 1997;
At the proposal of the President of the Council of Ministers, the Minister for Internal Affairs and Civil Defence Co-ordination and the Minister for Foreign Affairs, in consultation with the Ministers for Justice, Defence, Treasury, Budget and Economic Planning, Health and Social Support;
HEREBY ISSUES
the following legislative decree:
Article 1
1. In response to the serious situation developing as a result of the exceptional influx into the national territory of foreigners of Albanian nationality, the Minister for Internal Affairs and Civil Defence Co-ordination and the Prefects of the provinces concerned are authorised, for the purposes of relief and assistance operations directed at the aforesaid foreigners, to act if necessary by derogation from the regulations in force, including the rules of general State accounting, with due regard to the universal principles of the legal order.
2. The aforesaid action shall be taken in accordance with the principles and duties of humanitarian relief and shall include, for instance, temporary protection measures in respect of those persons among the foreigners referred to in para. 1 who are the most exposed to serious danger by reason of personal insecurity connected with the events in the areas of origin and with their individual circumstances.
3. The action referred to in para. 1 shall include measures to provide medical assistance, transfer to other provinces than those of entry, accommodation where necessary in hotels and like establishments, repatriation, compensation for possible damage, and any other action which may prove expedient.
4. Subject to the conditions specified in para. 1, the Minister for Internal Affairs and the police authorities of the provinces concerned shall also make arrangements for repatriation operations, availing themselves if required of the assistance of the appropriate Defence Ministry bodies. Agreements and conventions may be concluded for these purposes with the Italian Red Cross, international or other bodies providing assistance for foreigners, and passenger transport operators.
5. The President of the Council of Ministers or, by delegation, the Minister for Internal Affairs, shall encourage and co-ordinate the activities of the competent Ministries, the State administrative departments, the local authorities, the Italian Red Cross and any other institution or organisation working for humanitarian ends. They shall likewise lay down the conditions for co-operation by the regions, the local authorities and the non-governmental organisations (NGOs) and voluntary service organisations and associations, with regard to the co-ordination of emergency aid work.
Article 2
1. The Minister for Internal Affairs, without prejudice to the requirements of preserving public order and State security, shall be responsible for referring foreigners of Albanian nationality in need of humanitarian assistance as defined in Article 1, para. 1 to the emergency aid facilities designated or set up within the national territory. For that purpose, the police superintendent may issue a provisional permit to enter and reside in the national territory, valid for sixty days and renewable for up to ninety days. Except as provided in para. 2 below, the permit shall be withdrawn when the reasons for granting it no longer apply.
2. Without prejudice to the provisions of Article 7 (5) of Legislative Decree No. 416 of 30 December 1989, enacted with amendments by Law No. 39 of 28 February 1990, the provisional permit referred to in para. 1 shall not be granted to, or if already granted shall be withdrawn from, citizens of European Union non-member states reported to engage in activities connected with organising or assisting illegal immigration, prostitution, trafficking in arms, narcotics and psychotropic substances or activities in any way endangering public security, or reported to have committed serious offences against the lives and safety of individuals.
3. With regard to persons who are refused or who forfeit the provisional permit referred to in para. 1, once the needs of public assistance are fully satisfied the police superintendent shall order expulsion with immediate escort to the frontier, and in so doing shall adopt, with police assistance if necessary, the appropriate measures to ensure that the persons concerned do not evade enforcement of the order. Expulsion may be challenged by appeal at law before the regional administrative court of the locality where the authority issuing the order is based; this may also be done through the appropriate Italian diplomatic or consular representation; the order shall nonetheless be enforceable even when an appeal is pending.
4. In the course of police action to prevent illegal immigration, police or security officers operating in the border provinces and in territorial waters may control and inspect means of transport and freight even where subject to special customs arrangements in cases where, having regard to particular circumstances at the place and time, there is valid reason to believe that they may be used to commit one of the offences defined in relation to illegal immigration, prostitution and trafficking in arms or narcotics and psychotropic substances. The results of controls and inspections shall be indicated in a report made on the appropriate forms and transmitted within forty-eight hours to the State Prosecutor, who shall endorse it within the next forty-eight hours if the suppositions therein are confirmed.
5. Where a foreigner, without valid reason, fails to produce the residence permit or provisional entry permit referred to in para. 1 at the request of police or security officers, the Prefect shall order expulsion which shall be effected under the responsibility of the police superintendent with immediate escort to the frontier by the police. The expulsion order may be challenged by appeal at law before the regional administrative court of the locality where the authority issuing the order is based; this may also be done through the appropriate Italian diplomatic or consular representation, notwithstanding which the order shall be enforceable even when an appeal is pending.
Article 3
1. For the purposes specified in Article 1, the Minister for Internal Affairs may direct that funds be made available to the Prefects of the provinces concerned, to a maximum amount even exceeding that stipulated in Article 56 of Royal Decree No. 2440 of 18 November 1923 and subsequent amendments.
2. Expenses shall be defrayed directly by the provincial administrations or refunded, also through them, to State administrative departments, local authorities and international or other public or private organisations, on the strength of adequate vouchers.
3. The officials responsible shall submit reports on their management in accordance with Article 60 and following provisions of the Royal Decree and subsequent amendments referred to in para 1.
Article 4
1. Additional expenditure of 21,500 million lire for 1997 shall be authorised to meet the requirements stated in this decree, including those which relate to administrative, technical and logistic functions, mission allowances and special tasks within or beyond the limits stipulated by the regulations in force where these operations involve personnel enlisted in the national fire service and other personnel answerable to the Civil Defence Department in connection with the action mentioned in Article 1, together with requirements in respect of the extra allowance payable to military personnel of the armed forces working with the public security authorities.
2. The charges incurred in accordance with para. 1 above shall be provided for by using the unspent amounts at 31 December 1996 in item 4302 of the Interior Ministry's expenditure estimate. These amounts shall accordingly be retained in the surplus account and credited to the State budget for subsequent reallocation by decree of the Minister for the Treasury, at the proposal of the Minister for Internal Affairs, to the relevant expenditure items even where these are newly created, and these shall be entered in the aforesaid expenditure estimate. By decree of the Minister for the Treasury at the proposal of the Minister for Internal Affairs, compensatory adjustments between the aforesaid items may be made on the basis of genuine needs during the financial year.
3. Contributions and transfers of funds from agencies and individuals expressly intended for aid to foreigners shall be credited to the State budget for re-allocation, as stipulated in para. 2 above, to appropriate expenditure items.
4. Voluntary activities shall be governed by Article 18 of Law No. 225 of 24 February 1992 and the provisions referred to therein.
Article 5
1. This decree shall take effect on the day of its publication in the Official Gazette of the Italian Republic and shall be presented to the houses of parliament for enactment as law.
This decree, bearing the State seal, shall be included in the official statute-book of the Italian Republic. It is the duty of everyone concerned to observe it and ensure its observance.
Done in Rome on 20 March 1997.
SCĀLFARO
PRODI, President of the Council of Ministers
NAPOLITANO, Minister for Internal Affairs and Civil Defence Co-ordination
DINI, Minister for Foreign Affairs
FLICK, Minister for Justice
ANDREATTA, Minister for Defence
CIAMPI, Minister for Treasury, Budget and Economic Planning
BINDI, Minister for Health
TURCO, Minister for Social Support
Certified by the Minister for Justice: FLICK
1 1By the Committee on Migration, Refugees and Demography
2 2 All data quoted in this chapter have been obtained from the Italian Ministry of the Interior.
3 3 Law No. 39 of 28 February 1990 (Martelli-Law).
4 4 All data quoted in this chapter have been obtained from the Asylum Section from the Ministry of Public Order.