DIMENSIONADO Y MODELADO

The subject of assisted voluntary return was explicitly addressed for the first time by Law Decree 286/98 for victims of trafficking, although Law 189/2002 (“Changes in Regulation on the matter of Immigration and Asylum”) took more articulated measures on assisted voluntary return to the benefit of the following categories: asylum seekers, refugees and holders of a residence permit for humanitarian aid and people under the Dublin Convention (art. 32), thus excluding from this measure irregularly residing immigrants (since the enforcement of Return Directive).

As for the appropriate programs of assisted voluntary return for victims of trafficking for either labour or sexual exploitation, whose percentage in today’s returns is rather significant in Italy, there have been retrieved the principles expressed in the Additional Protocol of the UN Convention against transnational organized crime. The Protocol signed by Italy in 2000 insists on the necessity to guarantee protection and safety conditions during repatriation.

Nevertheless, it is important to underline that the laws currently into force in Italy on the assisted voluntary return guarantee specific paths only to some categories involved in the return procedures: asylum seekers, refugees, holders of a residence permit for humanitarian aid and victims of trafficking, while for other immigrants openings were decided only following the issue of the appropriate

directive by the European Union173_.

personal will of the alien, who consciously decides to go back to his/her country of origin after experiencing migration. Voluntary return is not only limited to the concept of a journey to the country of origin, but it includes three main phases: the preparatory activities for the departure (information, arrangements, interviews with the repatriated person, organizational and logistic procedures, counselling) travel and accommodation on arrival in the country and finally various programs of

reintegration in the final destination174_{. It is important to underline that after being}

voluntary repatriated, generally, there is no ban to go back to the Italian territory. The costs of assisted voluntary return can vary from 2,000 to 5,000 euro per beneficiary, according to the project, to the country and to the characteristics of

the migrant him/herself175_{. As for victims of trafficking, as a matter of fact, costs}

can be higher, being the path to reintegration more complex (process of social and working reintegration, medical, legal and psychological support and assistance in the country for at least six months). Allocation of appropriate economic aids is generally decided according to the family composition and the number of dependent minors, to the area of origin and to the economic situation and the sustainability of the intervention in the medium and long term. The upper limit in general is no more than 1,500 euro and in this case it concerns large families, while the lower limit starts from 700 euro.

Economic assistance granted to the beneficiary of an assisted voluntary return program provides for the payment of the ticket (plane/ship), logistic support of the IOM officials from departure from Italy to the arrival in the country of origin, allocation of a journey and first accommodation indemnity and, if necessary, it covers the costs associated with the luggage transportation and the allocation of a reintegration indemnity.

Other services can be established for the taking of particularly vulnerable subjects such as individuals suffering from serious diseases who are in need of a medical guard.

According to the legal situation depicted after the issuing of the Return Directive, the possibility to avoid expulsion procedure (which limits possibilities of re-entry) can act as an incentive for an assisted voluntary return, as well as the possibility to close the return process in a short period of time, thanks also to the organizational abilities of IOM which takes care of assisted returns in Italy.

According to the expectations of the social world, the Repatriation Fund of the EU should also include, as stated by the same provisions of Community law, irregularly staying immigrants. After stating illegal presence as a crime (Law no. 94/2009), the Ministry of the Interior reckoned that such an inclusion cannot be carried out and this put a halt to the expectations of collaboration between social organizations and ministerial structures.

In August 2011, with the Decree Law no. 89/2011, a further change is introduced even for irregular foreigners who can benefit of assisted voluntary return

in case they manage to obtain from the Prefect a 7 to 30 days term to return to their country of origin. This Law Decree excludes those who demonstrated behaviour that constitutes a concrete, effective and grave threat to public safety and national security, those with risk of absconding, those who have been expelled with a measure by the judicial authority, those who infringe guarantee measures imposed by the public officer and those who infringe the term for voluntary return.

Support programs to voluntary return and reintegration to the country of origin have been implemented in Italy with funds from the Italian government since 1991. Since 2008 such actions have been financed by the European Return Fund (RF) co- financed by the European Union and managed in Italy by the Department for Civil Liberties and Immigration of the Ministry of the Interior. The RF 2008-2013 has a budget of about 70 million euro, integrated by a co-financing by the Italian government and allocated on an annual basis. The Fund is intended for both the forced return operations (carried out only by the Ministry of the Interior - Public Security) and for interventions of assistance to voluntary return. In this case funds are allocated by the Ministry of the Interior, the Department for Civil Liberties and Immigration to local authorities and private social organizations through appropriate annual request for proposal.

The assisted voluntary return programs, launched in July 2011 with funding related to the 2010 program, are the following:

• Partir III176 _{Project (implemented by IOM offices in Rome – International}

Organization for Migrations);

• Odisseo II177 _{Project (implemented by the Virtus Onlus Italia association in}

Rome).

Moreover some activities are held to support research of new solutions for voluntary return of well-defined immigrants categories:

• Remploy178 _{Project (implemented by IOM offices in Rome – International}

Organization for Migrations);

• Remida179_{Project (implemented by CEFA European Committee for Education and}

Agriculture in Bologna).

Among the assisted voluntary return programs for specific groups of citizens of third countries, there is:

• RI.V.A.N. II Project Assisted Voluntary Return for North Africa180 _(implemented

by IOM offices in Rome - International Organization for Migrations).

In July 2011 the third step of NIRVA181 _{Project was launched for the}

consolidation of an inter-institutional reference network for information on assisted voluntary return both for interested migrants and territorial actors as well as cooperation with the countries of origin and a network of social and international organizations (led by AICCRE, Italian Association of European Municipalities and Regions Councils). This activity was completed with the recent implementation of

exchanging experiences and training on return issue among counter operators for immigrants, SPRAR Protection System for Asylum Applicants and Refugees Network, bodies managing reception centres, assistance and integration of third countries citizens holding a residence permit issued for social protection reasons, immigrants associations, etc.

Moreover, IDOS Study and Research Centre, which is part of NCP Italy, has directly taken part to both information campaigns coordinated by IOM offices in Rome on Assisted Voluntary Return (AVR) known as “Racine” I and II. To this aim, firstly six major communities were studied and then six more of which social and employment situation, territorial settlement, social organizations and gathering places were analyzed. Then both the privileged representatives of these communities and a certain number of cross-section migrants were interviewed. Finally on the IOM website, to the benefit of these and other communities, measures to ease assisted voluntary returns have been outlined, highlighting incentives to implement

productive returns. In 2011 the Volver183_{project has been financed, implemented by}

the Associazione Tampep Onlus in Turin and oriented to study and analyze activities in the main countries of origin to know the socio-economic and cultural target context, identify opportunities and integration methods.