Will Italy finally bring its citizenship laws into the 21st century?

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Fred Kuwornu, an Italian-Ghanaian director, has been waiting for years for this moment. In 2011, he made a documentary called 18 IUS SOLI. Screened at film festivals across the world, including Venice, it called for Italian citizenship to be made available to people born in Italy to foreign parents.

Now it’s more than cinema; the Italian Senate is debating this very possibility.

That’s if politics and the migrant crisis don’t get in the way.

“The issue is very complex. I believe that today it is not possible to be just a citizen of the country your parents are from or where you were born,” Kuwornu tells Equal Times.

Currently, Italian citizenship is largely based on jus sanguinis which relates to having Italian ancestry.

According to the current law, No.91 of 1992, children born in Italy to non-Italian parents must apply for Italian nationality between their 18th and 19th birthdays. They can only apply if they have lived in Italy continuously for their whole life. Even in a country notorious for its lengthy bureaucratic practices, the process is particularly long and complicated.

The new ‘tempered’ law would base citizenship on the principle of jus soli (or the right to citizenship based on one’s place of birth) or on cultural participation (at least five years of education after the age of 12 in Italy) – jus culturae.

In accordance with jus soli, children born in Italy to non-EU citizens (one of whom has to have a resident’s permit) will be eligible for Italian citizenship.

A November 2015 report from the Ministry of Public Education revealed that there are more than 805,000 young people of school age born in Italy to foreign parents, although it is not clear whether all of these students would be eligible for citizenship under the new rules.

“The tempered jus soli seemed to be the best compromise. I do, however, hope that this law will be approved quickly,” says Kuwornu, whose documentary promoted legislative change through community screenings, discussions and cultural initiatives.

It may yet be some time before the law is passed, however. The Chamber of Deputies approved it on 13 October 2015 with 310 votes in favour, 66 votes against and 83 abstentions, but it still awaits a vote in the Senate, where lawmakers held a hearing on the subject on 30 March 2016.

 
Anti-immigrant sentiment

What complicates the process are elections – for the mayor of Rome on 5 June and other administrative balloting – amidst a certain amount of hostility towards the new law.

Against the backdrop of the migrant crisis, populist politicians across Europe have helped to stir anti-immigrant sentiment. In Italy, the Lega Nord (Northern League) has drawn thousands of protesters in their demonstrations against immigration.

Supporters fear that failure to passed the jus soli law now could add years of second-class citizenship for many second-generation immigrant youth.

The new law has also been criticised by pro-immigration groups that see it as less-inclusive compared to the ambitious 2011 campaign ‘I’m Italy too’ (L’ Italia sono Anch’ io), supported by many Italian associations.

“I consider it unacceptable that for the citizenship claim, one of the parents should be residing legally and seamlessly in Italy for five years,” Martino Pillitteri, former editor-in-chief of Yalla Italia, a blogging platform for second-generation Italians, tells Equal Times.

“In a globalised world where moving for work is not the exception anymore but rather the rule, such obstacles risk excluding candidates that would otherwise deserve citizenship,” he says.

Pillitteri worries the law could face further watering down as politicians appear to be stalling on its approval.

“If changes are introduced, the law will return to the Parliament in order to be voted again and then it would return to the Senate. Such passage from one chamber to the next could last for years,” he says.

“I believe that [the Democratic Party of Prime Minister Matteo Renzi] is waiting for the moment with fewer risks.”

Nevertheless, associations like the Second Generation Network (Rete G2) are hopeful, having been at the forefront of the L’ Italia sono Anch’ io campaign and having supported for years the introduction of the jus soli in the Italian legislation.

“There is still more to do for the children of migrant parents that were not born in Italy but came to the country in their early childhood,” Ian Ssali, Rete G2’s legal representative, tells Equal Times. “But we’re happy that 10 years after Rete G2’S birth, the chance to make this country fairer is finally at hand.”