Italy - January 2023
The Council of Ministries enacts a Decree on migration flows
On 3 January, the Council of Ministries implemented a decree on NGO rescue missions, modifying the existing 130/2020 decree. The decree adds new requirements for the management of migration flows. Under the new decree, NGOs are prevented from conducting multiple searches and are required to collect and share information about migrants’ intention to claim asylum before disembarking. Human Rights Watch and a joint statement of 20 NGOs pointed out the risks posed to migrants and asylum seekers by the decree and the violation of several international conventions and laws. On 30 January, the Conference of International NGOs (INGOs) of the Council of Europe evaluated the decree and concluded that it does not comply with the rights embedded in Articles 8 and 11 of the European Convention on Human Rights – right to private life and family, and freedom of associations and assembly – due to lack of legality, legitimacy, and proportionality.