(Statement of the Network on Undocumented Migrant Workers on the new law on undocumented migrant workers in Italy. Network members are MIGRANTE Europe, INDIES Indonesia; KASAMMAKO – Korea; MIGRANTE Middle East, Institute for Migrant Workers – Indonesia; FIOB (Mexico), USA; MIGRANTE United Arab Emirates; TENAGANITA, Malaysia; Asia Pacific Mission for Migrants (APMM); May 1st Coalition, USA; UMANGAT – Rome; NLO, Nepal; ATIK, The Netherlands, and ; ATIK, Germany)

The Network on Undocumented Migrant Workers consisting of grassroots organizations of migrants, advocates and NGOs in Asia-Pacific region and in Europe condemn the new law on undocumented migrant workers that the government of Italy is set to implement soon. We call on its immediate repeal as it unjustly criminalizes undocumented migrants and make them vulnerable to human rights abuses.

Italy’s tougher law on undocumented migrant workers that includes stiffer fines and imprisonment, formation of so-called citizen’s groups to report undocumented migrants, and mandating parents to present documents of their legality before registering a child is but the most repressive yet of all policies in the European Union on undocumented migrants.

With this new law, Italy has joined the ranks of countries like Japan, South Korea and Malaysia for being the most notorious in terms of treating undocumented migrants as nothing more than criminals. This, despite the very obvious contribution of the migrant workers – documented or not – to the respective economies of said countries.

Aside from criminalizing undocumented migrants, the provision of allowing citizens to mount so called patrols is very similar to the use of RELAs or People’s Volunteer Corps in Malaysia with the same function. RELA’s have been accused of human rights abuses as they raid houses, and search places and people without any warrant. Especially in this time of crisis and with anti-migrants sentiment fanned by no less than states themselves, such a policy can result to even more severe violations of rights of undocumented migrants and families.

Meanwhile, the requirement for parents to present their legal papers when they declare the birth of a child would create a generation of stateless children.

The new law in Italy is but a preview of worse things to come for undocumented migrants in the European region.

In 2010, the European Union is set to implement the Return Directives Policy that will roundup hundreds of thousands of undocumented migrants in the region and deport them without any consideration to their rights. Moreover, last March EU also passed the European Commission Employers Sanctions Directive that does not recognize the labor rights of undocumented migrant workers.

The dreaded ‘Fortress Europe’ is already taking shape as the EU implements stricter border controls while intensifying crackdowns on those already present in its member countries. This is becoming more pronounced now as the global crisis fans anti-migrant worker sentiments, discrimination and xenophobia throughout the world.

Ironically, the Third Global Forum on Migration and Development (GFMD) that purports to protect migrant workers is going to be convened in Greece – an EU member country – this November. While it pronounces protection, the GFMD has made no attempt to concretely address burning concerns of migrant workers but instead just create policies and guidelines to intensify the commodification of migrant workers and the cornering of remittances for so-called development that is not really for the migrants and their families.

It is but right for migrant workers and advocates to resist this new law in Italy, call for its repeal, and advance the cause for the protection of undocumented migrants in Europe. Even the United Nations Convention on the Protection of the Rights of All Migrant Workers and Their Families make no distinction to documented and undocumented ones when it comes to protection of the rights and wellbeing of foreign workers.

The Network on Undocumented Migrant Workers vow to conduct actions to expose this draconian rule in Italy and also prevent the implementation of the Return Directive Policy in EU. This will be one of the major issues to be taken up by the Second International Assembly of Migrants and Refugees (IAMR) that shall serve as the counter and parallel gathering of grassroots migrant workers against the GFMD.

We call on all migrant workers, advocates and families of migrants to join the fight for the rights of undocumented migrant workers.

Undocumented migrants are workers and human beings deserving of the full rights accorded to others.