Guest columnist : Judge Luigi Fadiga, President of the Minor and Family Section of the Court of Appeal of Rome, Italy

The presence of groups of Roma and Sinti nomadic minors in Italy is an old phenomenon, although quantitatively modest. Up to a few years ago, their number was estimated at about 50'000 persons, out of whom as little as 1,8% owned Italian citizenship, albeit born in Italy.

These groups, parked on the outskirt of cities, have lived in poor conditions, eking out a living by their wits. This means they resorted to begging, or became pickpockets or burglars : as a matter of fact, with  the demand for their traditional trades (horse breeding, knife sharpening, basketwork, …) on sharp decline, they could not anymore rely on them for subsistence.

When war and politics interfere
Lately, two major events have contributed to inflating this problem : from 1992 the Ex-Yugoslavia war, and more recently the inclusion of Bulgaria and Romania in the European Union (2007). The first of these events resulted in a sharp increase of this presence due to the arrival in Italy, through the North-East frontier, of Roma coming from Bosnia-Herzegovina, other States of the dissolved Federation, and Eastern Europe. Most of these groups had already given up the nomadic lifestyle, but were at this time fleeing conflict or impoverished zones. Came to Italy deprived both of subsistence means and identity documents, these newcomers found refuge in improvised settlements, that became by and by a permanent sojourn. Providing adequate space for these camps was the strategy used by the authorities of the largest cities, but they did so in far insufficient number. In spite of this plight, Roma minors joined specific schooling programmes, that however gathered only a minority of the concerned population.

A later wave was observed when Romania and Bulgaria joined the European Union. As of January 1st, 2007, Roma with Romanian and Bulgarian citizenship are full-fledged UE citizens, and are free to circulate in member States. According to Eurispes – Telefono Azzurro 2007, estimates of the Roma population in Italy indicate 150'000, half of them minors. About 700 nomadic settlements have been identified, with very bad housing conditions.

The alarming situation of minors
Roma minors have been reported to be victim of base exploitation at the hands of adults : begging, theft or prostitution. In 2005, 493 minors of Roma origin were arrested (amounting to 43% of the arrested minors for that same year). Already in 2006, Save the Children Italy expressed their worry about this reality, particularly the sale of minors to trafficking networks  for sexual exploitation, begging or crime.

Political and media crisis
At the outskirts of Rome (and other large cities like Milano and Naples), dozens of illegal settlements have hosted for many years thousands of people. Among them, many Roma, but also people from Asia, Eastern Europe and the African continent, staying illegally in Italy. This upsetting situation became critical in October 2006, when a woman walking home was assaulted, raped and killed by a youth of Roma origin. This murder deeply shocked public opinion, and aroused feelings of insecurity, thus paving the way for political speculations. A memorandum of collaboration between the respective mayors of Rome and Bucharest was signed, but without the expected results.

A the national level, the left-wing government chaired by Romano Prodi, the winner of the 2006 elections, was unable to carry out the programme meant to calm down public opinion, and to sort out the situation of thousands of desperate people coming to Italy each day by land and sea, defying death in dangerous journeys. By cashing in votes on the feeling of insecurity, and emphasizing criminal episodes involving foreigners, the right-wing party won the April 2008 parliamentary election. The new government presided by Silvio Berlusconi at once rolled out severe measures against illegal immigration. In parallel, media engaged in an intense campaign, that furthermore discriminated not only Nomads (including those born in Italy and Italian citizens), but also illegal migrants, refugees, and globally all the said “extra-EC” foreigners. Following this, expressions of intolerance and xenophobia are on the rise.

Drastic measures
A legal decree and other urgent security provisions have been issued by the Berlusconi cabinet in May 2008, and are still in force. They imply for the said critical zones (Milano, Rome, Naples), the location of abusive settlements, the identification of the dwellers, and the deportation of undocumented migrants. Taking identifying particulars in any form will be allowed : descriptive, photographic, anthropometric, and in fingerprinting. This also concerns minors : their fingerprints can be taken provided they are over 14, and if their identification is not possible by other means. For minors under 14, fingerprinting is only allowed to the judiciary police in agreement with the Republic Prosecution Office for minors, in cases of dereliction or suspicion that the minor is victim of a crime. 

Those provisions have aroused virulent criticism from human rights, children’s rights and nomadic organizations. The Italian Association of Minors and Family Magistrates (AIMMF) approved on July 1st a document expressing its utmost worry and disagreement towards such a system of identification of minors by fingerprinting. “Famiglia Cristiana”, a widely diffused Catholic weekly publication, rated it an “indecent idea”. The Rome prefect of police has entrusted the census operations to the care of the Italian Red Cross, and told the press that he did not have any single child fingerprinted.

After census… action?
Mid-October this year, the press released the partial data of the Rome census. In the capital, expected by media outlets to host 15’000 to 20’000 Nomads, they turned out to be 4’628, out of whom 2’130 in shanties. Only 1’124 of the children were enrolled at school. Nomads with no identification papers were 730. At least a third of the settlements were declared “very poor, often terrible” in respect to hygiene and housing.

The global national data are being processed, yet it is already obvious that the social alarm pointed out and even fed by the media was not justified, and that the living conditions of the persons of Roma origin, whatever their residence status, have been intolerable for a long time.  Indeed, these are conditions far below the threshold of acceptability. The main victims of this situation are minors.   Once the census completed, what will the government and local authorities undertake to grant those persons  - including those minors -, along with respect for their duties, respect for their rights acknowledged by law and constitution? In the meantime, the government has replaced before due the prefect of police of Rome.

Disclaimer : The editorial does not necessarily reflect the opinion of IDE Boiard and team.

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