What the new security package would change for protesters, NGOs and migrants

What the new security package would change for protesters, NGOs and migrants

Rights · ·

Yet another security package to crack down on protesters, NGOs and migrants: the Italian government is ready to intervene again.

Yet another security package — a veritable obsession for the Italian government. And within it, while on one hand there are provisions that respond to a real and widespread need to tackle youth violence and urban petty crime, particularly that linked to so-called baby gangs, on the other hand one can read a new clampdown on rights and civil liberties, which hits the right to protest especially hard and significantly expands the preventive powers of law enforcement. Beyond this, the so-called "sea NGOs" and migrants are once again in the crosshairs. And then, dulcis in fundo, there is the Almasri clause.

The security package and the crackdown on protests

On the urban security front, the text strengthens existing tools and creates new ones. The use of warnings (ammonimenti) by the chief of police (questore) is extended to include very young minors; penalties for carrying knives and offensive weapons are simultaneously toughened; and direct financial liability is introduced for parents. These are measures that respond to increasingly frequent episodes of violence among adolescents and will certainly find broad cross-party support among the public.

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Alongside these provisions, however, there is a new attack on the freedom to protest: violations of the rules on demonstrations are being decriminalised, but in place of criminal sanctions come massive fines, which can reach 20,000 euros for failing to give advance notice, for failing to follow authorised routes, or for non-compliance with requirements imposed by the authorities. A measure that risks hitting, as the previous security decree already did, movements, associations and community organisations that already struggle to access financial resources.

The bill also introduces tools with a strong preventive impact: the Daspo urbano is extended to people who have merely been reported to the authorities or convicted by non-final sentences, and forms of preventive detention of up to 12 hours appear for individuals deemed potentially dangerous to the conduct of a demonstration (in practice preventing anyone from taking part in it); the possibilities for on-the-spot searches are expanded even in the absence of a crime already committed. Taken together, these elements sketch out a model of public order management in the style of Minority Report, based on a kind of precognition of crime.

Migrants and NGOs in the crosshairs once more

Even more pronounced is the iron fist on immigration. One provision allows the exclusion of Italian territorial waters for reasons of security or migratory pressure: it is clear that it is aimed directly at curtailing the operations of NGOs working on sea rescue, which have already been heavily restricted by previous measures. What happens, then, to migrants aboard a rescue vessel that is unable to enter Italian waters? They could be transferred to third countries with which Italy has agreements — Albania, but in future not only Albania — a further step towards the externalisation of border responsibilities.

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The text also contains a provision that allows the handover to their country of origin of individuals considered dangerous to national security or to international relations. A measure that, in its form and purpose, appears designed to avoid new politically embarrassing cases like that of Almasri, the head of the Libyan Rada militias, at the centre of a sordid affair last year, which saw several government members investigated — and later shielded by Parliament, which voted for immunity — precisely for having returned to Tripoli a figure wanted by the International Criminal Court for crimes against humanity. On the issue of family reunification, finally, the bill introduces a two-tier system: on one hand, targeted concessions for skilled workers in demand by the market; on the other, a significant tightening of the eligibility criteria for many other categories, with stricter economic requirements and the exclusion of certain types of family members. A choice that favours selective migration, functional to productive needs, but that reduces the prospects for stability and integration for those already present on Italian soil.