Wednesday, April 13, 2011

Berlusconi and the state of emergency in North Africa

On 7 April, the President of the Council of Ministers signed undecreto declaring "the state of humanitarian emergency in the territory of North Africa to allow an effective contrast to the exceptional influx of foreign nationals into the country (OJ No 83, 11 - 4-2011). Yes, yes, you read right: the Prime Minister has established, by a decree, the state of emergency in a foreign territory, the boundaries are unclear, because generically referred to as "North Africa".

And it does so, explicitly, in order to stop the influx of citizens of this vast territory in Italy. There's enough to make the laughter sbellicare contemporary constitutional and to be turning in his grave, those of yesterday. Never in our legal system gives the power to declare a state of emergency in another state, or even worse in a foreign country not specified, the Chairman of the Council, the Government or to the Italian Parliament, in accordance with the simple and elementary principle that called "sovereignty" (statement, this decidedly anachronistic in a time of "humanitarian" wars).

But first things first, because the anomalies to be noted and the questions to ask about this decree are many. First, it is not clear what the prime minister intends to "North Africa" because this term could refer to both the macro conventionally delineated by the United Nations (which includes seven states: Algeria, Egypt, Libya, Morocco, Sudan, Tunisia , Western Sahara) and the geographical area (and if so, in addition to the seven states mentioned above, there are Mauritania, Mali, Niger, Chad, Eritrea, Ethiopia and Djibouti, as well as the Azores, the Canaries and the Spanish enclaves of Ceuta and Melilla), and the area in which journalism is common sense or between the Mediterranean Sea and the southern limits of the Sahara to the south and then west to the Atlantic Ocean and the western parts of Egypt to the east.

Which of these meanings refer the decree is not clear. And the consequences, ça va sans dire, no small task. In any case, whatever the prime minister intends to "North Africa", the decree provides for the suspension of the legal system, namely the so-called "rule of law." In the decree, in fact, states that: "We consider the inescapable need to ensure the urgent activation, in coordination with the Ministry of Foreign Affairs, notwithstanding the legal intervention (...) it requires the declaration of emergency rule '.

But how justified is this difficult decision, that is, as the Prime Minister justify the decision to suspend the decree on the rights and guarantees laid down by procedural and substantive? First, it evokes the drama of the Libyan people fleeing from Libya, "because of the serious situation," without mentioning, of course, that the Libyan bombing and causing their escape, there are also Italian fighter-bomber ("Given that the grave situation developing in the range of the Maghreb, particularly in the Republic of Libya led to the emigration of large numbers of Libyans, most of which was poured on the border with Tunisia, creating a humanitarian emergency of extensive proportions).

Secondly, it makes a general reference to international organizations, as if they descended by the operator of an automatic entitlement for the decree in question ("Since the Iiom [International Organization for Migration, ed] el ' UNHCR [UN High Commissioner for Refugees, ed] have established, in agreement with the Egyptian and Tunisian authorities, a common humanitarian program designed to address the humanitarian crisis at the border of Tunisia).

Finally, it adds a political assessment of the future, predicting that the Italian government about the tendency to worsen the political instability in "North Africa" ("Given that the situation will deteriorate further because the current climate of severe instability policy that affects most countries of North Africa).

This motivation, in fact, almost betrays a desire (unconscious at all). According to Alain Badiou and Noam Chomsky, in fact, among the unacknowledged intervention targets with bombs and missiles "humanitarian" in Libya, there is just to defuse the insurgency and push for change in Tunisia, Egypt and the Middle East.

And then, think about it, think of a simple and logical objection to this reasoning contained in the decree, which appalesa unconscious desires of the "willing" the Italian government: if it is the worsening humanitarian situation in "North Africa", then because expel and deport thousands of North Africans who came to Italy after April 5? Why prepare mass rejections on the high seas, in open violation of the Constitution? The answers to these questions, if you really want is to go looking for them in Libya, in the war is being fought there.

Absolute power conferred by a presidential decree to the police authority (what, otherwise, the suspension of the entire legal system?) In the management of migration movements in Italy and in "North Africa" is, in this sense, ' unmistakable imprint of a historical moment in which legislative policies are the same, inextricably, with the racist doctrines, the practice of domination and wars, with their accompanying "humanitarian" expropriation, large-scale planting of bombs and missiles to 'uranium.

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