MOTION FOR A RESOLUTION
7.7.2008
pursuant to Rule 108(5) of the Rules of Procedure
by Roberta Angelilli, Cristiana Muscardini, Mario Borghezio, Mieczysław Edmund Janowski and Ryszard Czarnecki,
on behalf of the UEN Group
on the creation of a Roma fingerprint database in Italy
B6‑0354/2008
European Parliament resolution on the creation of a Roma fingerprint database in Italy
The European Parliament,
– having regard to Articles 3, 6, 7, 29, 149 and 152 of the EC Treaty, which commit the Member States to ensuring equal opportunities for all citizens,
– having regard to Article 13 of the EC Treaty, concerning action to combat discrimination based on racial or ethnic origin,
– having regard to its resolutions of 28 April 2005 on the situation of the Roma in the European Union[1], 1 June 2006 on the situation of Roma women in the European Union[2] and 31 January 2008 on a European strategy on the Roma[3],
– having regard to Articles 14, 24 and 35 of the Charter of Fundamental Rights of the European Union,
– having regard to the 1989 UN Convention on the Rights of the Child,
– having regard to the 2008 EU strategy on the rights of the child,
– having regard to the second European Forum on the Rights of the Child held in Brussels on 4 March 2008, which focused on combating child poverty and social exclusion, with special reference to the situation of Roma children,
– having regard to Rule 108(5) of its Rules of Procedure,
A. whereas the Commission and Parliament have repeatedly warned about the humanitarian crisis facing nomad communities in Europe,
B. having regard to high illiteracy, early-school-leaving and unemployment rates,
C. whereas women in nomad communities are severely discriminated against,
D. whereas children in nomad communities are socially marginalised to an extreme extent,
E. whereas an emergency plan is required in order to guarantee children in nomad communities integration into the school system and the right to education, health care and vaccination,
F. whereas, in response to this emergency situation, in 2005 the World Bank promoted the Decade of Roma Inclusion and a Roma Education Fund,
G. whereas education is of fundamental importance in combating social exclusion, exploitation and crime,
H. whereas in the new programming period (2007-2013) the Commission is encouraging Member States to continue to make use of structural funding, particularly under the EDF, to promote Roma integration, as stressed in the conclusions adopted by the European Council at its meeting in December 2007,
I. whereas the Commission and Parliament have on several occasions called on Member States to solve the problem of makeshift settlements and illegal camp sites, which fail to meet even the most basic health and safety standards,
J. whereas, in its resolution of 31 January 2008 on a European strategy on the Roma, Parliament explicitly urged the Commission to establish an all-European crisis map, measuring and surveying those areas within the EU where Roma communities are hardest hit by poverty and social exclusion,
K. whereas the EU strategy on the rights of the child calls on Member States to combat the exploitation of Roma children and to guarantee all children, irrespective of gender, ethnic origin and nationality, the right to registration at birth and to an identity, as a form of legal recognition that will protect children against all forms of exploitation, such as trafficking in children and in organs, illegal adoption, false declarations regarding age made with a view to under-age or forced marriages, sexual exploitation and under-age working,
L. whereas in the Memorandum drawn up following a visit to Italy on 19 and 20 June 2008, the Council of Europe Commissioner for Human Rights drew attention to the problem of the absence of identity papers,
M. whereas there have been serious cases of child exploitation involving begging, forced prostitution and other crimes within nomad communities,
N. whereas in an extremely large number of cases it is impossible to establish the identity of children owing to the fact that they have been abandoned or have not been recognised by their family or there are reasonable doubts as to their fathers' identity,
O. whereas the relevant authorities in any Member State have the right, for reasons of security and public order, to establish the identity of any EU or non-EU citizen on the territory of that Member State,
P. whereas the relevant Italian law adopted in 2003 recognised the systematic exploitation of children for begging purposes as enslavement,
Q. whereas in February 2007 the Italian Court of Cassation confirmed that children exploited for begging purposes are comparable to slaves in that they are deprived of fundamental rights such as the right to study and to education and, above all, of their personal dignity,
R. whereas in May 2007 the Italian Interior Ministry concluded 'security pacts' with major Italian cities (including Rome, Milan, Naples and Genoa) in order to address, among other things, the problem of illegal camp sites, and whereas in October 2007 that ministry put forward a 'security package' which, inter alia, provides for heavier penalties for anyone forcing children to beg,
S. whereas by means of Prime Ministerial Order No 3676 of 30 May 2008 the Italian Government adopted urgent measures to address the state of emergency existing in relation to nomad community settlements,
T. whereas all public order, public safety and public health measures come within the exclusive responsibilities of the Member States,
U. whereas, given that it is a response to a serious social emergency, the prime ministerial order is an emergency measure and, as such, will expire in May 2009,
V. whereas, with a view to cooperating as closely as possible with the Community institutions, the Italian Government is to forward a report on implementation of the order to the EU by the end of July 2008,
W. whereas all the measures provided for in the order will be monitored and coordinated by the Italian Red Cross,
X. whereas the purpose of the order is to take all appropriate action to ensure respect for fundamental rights and human dignity, not least with a view to putting an end to trafficking and exploitation, particularly where the victims are children,
Y. whereas the principal aim of the order is to carry out a census, with a view to guaranteeing – first and foremost to children – the right to health, social inclusion and schooling,
Z. whereas, in accordance with the law, the order provides for the recording of particulars (description, photographs and, where necessary, fingerprints) solely for the purpose of identifying persons who are unable to prove their identity or who refuse to supply their particulars, and whereas it therefore does not lay down a general obligation,
AA. whereas checks on the identify of children are strictly regulated by Italian law and are required, in the overriding interests of the child, in respect of all children found to have been abandoned,
AB. whereas the order makes no reference to ethnic groups, referring solely to nomad community settlements,
AC. whereas there is no provision for a specific database, and in particular for a Roma fingerprint database,
AD. whereas, in accordance with national and international laws on privacy, all citizens' personal data are processed equally properly and confidentially,
1. Calls on the Member States to implement integration and schooling policies as a matter of urgency;
2. Calls on Italy to continue with its efforts to address the social and humanitarian emergency and to ensure a return to the rule of law by promoting policies to combat under-age working, the exploitation of children and prostitution;
3. Calls on Italy also to apply the measures providing for a census of nomad communities in accordance with Community law and the European Convention on Human Rights, as provided for in Italian Government Order No 3676 of 30 May 2008;
4. Calls, lastly, on Italy to involve all stakeholders in efforts to meet the objectives set in that order, with a view to ensuring the utmost transparency and the closest possible cooperation with all the relevant institutions and stakeholders, such as the courts – particularly juvenile courts –, associations representing nomad communities, local authorities and international institutions and organisations such as UNICEF and the UNHCR;
5. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the Council of Europe, the Council of Europe Commissioner for Human Rights and UNICEF.
- [1] OJ C 45E, 23.2.2006, p. 129.
- [2] OJ C 298E, 8.12.2006, p. 283.
- [3] Texts Adopted, P6_TA(2008)0035.