The Hague Convention, Italy under the wire

The protection of minorities is no joking matter. Least of all when international conventions call upon governments to protect their human rights. But Italy is not playing ball and now risks a slap on the wrist from Brussels.

According to sources speaking with Vita and close to the European Commission, Italy could find itself before the Commission in an infringement proceeding for failing to fulfill its obligation to ratify the 1996 Hague Convention, an important instrument in the protection of minorities.

“It is the only treaty that applies to almost all the measures created relative to minorities in difficulty, it was created to contribute to the foundation of a common legal space,” says Associazione Amici dei Bambini (Ai.Bi).

“An instrument that, if applied, would permit actors to respond to an infinite number of unresolved hardships that face thousands of children in difficult domestic situations. [The list includes]unaccompanied minors, refugee children, minors under kafala (Islamic regulation regarding adoption) and children in domestically difficult situations that have not yet been adopted.” All categories of youth that Italy is turning its back on.

This indifference becomes ever more unjustifiable, so the time to ratify the Convention is now.

In fact, seven years have passed since the European Council authorized member states to sign the Hague Convention. An invitation reiterated in 2008 to the 17 laziest EU countries, Italy included.

In its decision the European Council invited ‘disobedient states’ to “take the necessary measures to establish funding simultaneously with the ratification, possibly before June 5 2010.”

Over a month has passed since the deadline and unlike other stragglers like Spain and Great Britain Italy has yet to produce a roadmap.

This is despite numerous calls launched in the last several weeks by the EU and by the world of associations. First was the Director General of the General Judicial Directive on Liberty and Security, François Le Bail who last June 24 confidentially sent a message to the ambassadors of the permanent representation of the states in Brussels that were late ratifying asking for an explanation. Next, Ai.Bi. was part of an open letter addressed to the Italian President, Giorgio Napolitano, that urged “the Italian institutions to ratify the Convention at the earliest possible date.”

With no response, everyone hoped that Italy would have taken advantage of the reunion of the Committee on civil rights, held at the EU Council on July 5 of last year, to clarify its own situation.  But this didn’t happen. While Spain and Malta didn’t miss the opportunity to show off what they had accomplished, the experts sent from Rome remained silent. Their presentation was limited to a brief justification for the delay, blaming it on a coordination problem between the Minister of Justice and the Minister of Internal Affairs.  

For the Commission this was the last straw, Italy can come up with a plan of action in time for the next meeting in September or they should start preparing for an infringement proceeding and risk paying a fiscal penalty.