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Forced Labour Convention, 1930 (No. 29) - Italy (Ratification: 1934)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Italian Union of Labour (UIL), the Italian Confederation of Workers’ Trade Unions (CISL), and the Italian General Confederation of Labour (CGIL), communicated with the Government’s report.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Plan of Action. Implementation and monitoring. The Government refers in its report to the adoption of the new National Action Plan Against Trafficking and Serious Exploitation of Human Beings (NAP) 2022–25, which was elaborated with the participation of representatives of trade unions and relevant social service providers. The Government further indicates that, like the previous one, the Action Plan sets out multi-year strategies and actions to foster awareness and promote prevention, escape from exploitation and ensure social integration of victims. It is also built on the four guiding principles applied internationally to combat trafficking in persons: prevention; protection, prosecution, and partnership. The Committee requests the Government to provide information on the measures taken for the effective implementation of the National Action Plan. Please also provide summarized information on any assessment of the results achieved and the difficulties encountered in combatting trafficking in persons, undertaken by theDepartment for Equal Opportunities (DEO) of the Presidency of the Council of Ministers, which is responsible for coordinating, monitoring and evaluating the outcomes of the policy.
2. Identification and protection of victims. The Government indicates that protection and assistance are provided to victims of trafficking, in accordance with the Council of Ministers’ Decree of 16 May 2016 establishing a “Single programme for the emergence, assistance and social integration of victims of trafficking and exploitation”. In line with this Decree, the DEO annually issues a call for proposals to finance projects aimed at providing assistance to victims of trafficking. 21 projects run by public bodies or associations specializing in combatting trafficking will be funded by the DEO for the period October 2022 – February 2024, with the total amount of €27 million. The Committee observes from the Government’s information that in 2021, 1,908 victims benefited from assistance services, including legal support, housing and labour integration measures whereas in 2019, 2,177 victims received assistance. The Government also indicates the continued functioning of the National anti-trafficking toll-free hotline which received in 2021 a total of 1,359 calls representing a slight increase in comparison with 2020 (1,126 calls).
The Committee encourages the Government to continue its efforts to ensure that appropriate protection and assistance is guaranteed to all victims of trafficking for both sexual and labour exploitation. The Committee requests the Government to continue to provide detailed information in this regard, including on the number of residence permits granted to victims of trafficking as well as compensation as provided for insections 74 and 75 of the Code of Criminal Procedure and section 12 of the Act No. 228/2003 on Measures Against Trafficking in Persons.
3. Prosecution and penalties. The Committee notes the Government’s indication that according to the data from the Ministry of Justice, in 2021, under section 601 (trafficking in persons) of the Criminal Code, in 2021, there were 44 registered cases against 92 persons; 23 cases of prosecution against 60 persons; and 15 convictions, involving 38 persons, handed down by first instance courts. The Committee notes the observations of the UIL, CISL, and the CGIL indicating the need to strengthen inspections with a view to ensuring the punishment of perpetrators for trafficking in persons and increasing the protection of victims of trafficking.
The Committee requests the Government to provide information on the measures taken to ensure that all cases of trafficking in persons, for the purpose of both labour and sexual exploitation, are properly identified and subject to prompt investigations, so as to facilitate the prosecution and imposition of effective and dissuasive penalties on perpetrators. The Committee requests the Government to continue to provide information on the application of section 601 of the Criminal Code in practice, particularly the number of investigations, prosecutions, convictions as well as the specific penalties applied.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the Italian Union of Labour (UIL), the Italian Confederation of Workers’ Trade Unions (CISL) and the Italian General Confederation of Labour (CGIL), communicated with the Government’s report.
Articles 1(1) and 2(1) of the Convention. Exploitation of foreign workers in an irregular situation. The Committee previously acknowledged the difficult situation faced by Italy in relation to the increase in irregular immigration flows. The Committee also recognized the Government’s efforts to combat gangmastering and the labour exploitation of migrants through the implementation of various projects and initiatives and requested the Government to pursue its efforts in this regard.
The Committee notes the Government’s indication in its report concerning the adoption of a three-year Plan to Combat Labour Exploitation in Agriculture and Gangmastering for 2020–22. The Government indicates that the Plan was elaborated in consultation with the competent national and local institutions, workers’ and employers’ representatives in the food and agricultural sector and leading associations in the tertiary sector. The Committee observes that the Plan provides for priority actions in four strategic areas, including prevention; enforcement; protection and assistance; and labour and social reintegration. The Government further indicates that more than €700 million has been allocated for the implementation of the Plan. In addition, the Ministry of the Interior, the Ministry of Labour and Social Policy, the Ministry of Agriculture, Food and Forestry, and the National Association of Italian Municipalities signed a protocol of understanding to ensure the coordinated implementation of the actions set out in the Plan. As envisaged in the Plan, the National guidelines on the identification, protection and assistance of victims of labour exploitation in agriculture were adopted on 7 October 2021.
The Government further refers to the P.I.U.-Su.Pr.Eme (Individualized Exit Paths from Exploitation) project, co-financed by the Ministry of Labour and Social Policy and the European Union, which aims at providing legal, administrative, social and health assistance to third-country nationals who are victims or potential victims of labour exploitation in the southern regions of Italy. Within the framework of the Su.Pr.Eme. Italia and A.L.T. Caporalato! projects, in 2020, 758 inspections were carried out which covered 4,767 foreign workers and identified various violations of the labour legislation in relation to 1,069 workers, including 205 potential victims of labour exploitation. Furthermore, according to the Protocol signed in 2021 with the International Organization for Migration (IOM), IOM cultural mediators with expertise in different languages participated in labour inspections with a view to facilitating the exchange of information with foreign workers. As regards the application in practice of section 603bis (unlawful intermediation and labour exploitation) of the Criminal Code, according to the data from the Ministry of Justice, in 2021, there were 572 registered cases against 1,170 persons; 233 cases of prosecution against 523 persons; and 93 convictions, involving 150 persons, handed down by first instance courts.
The Committee notes the observations of the UIL, the CISL and the CGIL indicating the need to decriminalize the offence of illegal immigration established by section 10bis of Legislative Decree No. 286 of 1998 (Consolidated text of provisions governing immigration and rules on the status of foreigners). The UIL, the CISL and the CGIL point out that foreign workers in an irregular situation who are victims of labour exploitation may be reluctant to cooperate with the inspection authorities due to the risk of deportation. In this respect, the Committee notes the Government’s reply that inspection authorities are obliged to report identified workers without residence permits to the law enforcement bodies. The Government further indicates that inspectors may request the competent authority to facilitate the issuance of a residence permit to a victim of labour exploitation. According to the Government, for the period from January to June 2022, a total of 313 residence permits were provided to foreign victims of violence and exploitation.
The Committee further notes that in its 2022 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights noted a rise in the number of irregular migrants and increased risk of their exploitation (E/C.12/ITA/CO/6). The 2022 report of the United Nations Working Group on the issue of human rights and transnational corporations and other business enterprises refers to the cases of labour exploitation of migrant workers, particularly through the caporalato system, which is an illegal form of outsourcing the hiring and exploitation of manpower through intermediaries (A/HRC/50/40/Add.2).
The Committee also observes that in its 2023 conclusions on the application of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), by Italy, the Committee on the Application of Standards noted with concern several issues regarding compliance with the Conventions, in essence related to labour inspection with respect to the employment of migrant workers in an irregular situation. In this regard, the Committee recalls its comments under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), in which the Committee emphasized the need to address migration in abusive conditions and irregular migration with full respect for migrant workers’ human rights.
While taking due note of the measures taken and the complexity of the situation on the ground, the Committee requests the Government to continue its efforts to prevent migrant workers from being caught in abusive practices and conditions of work that could amount to forced labour and to ensure the effective and adequate protection of migrant workers who are victims of forced labour, irrespective of their legal status in the country; this protection should include access to information about their rights, as well as effective procedures to seek redress and obtain compensation. The Committee requests the Government to provide information on the measures taken in this respect, particularly as regards the sectors where migrant workers are predominantly employed, such as the agricultural and garment sectors. The Committee also requests the Government to provide information on any assessment of the results achieved through the implementation of the Plan to Combat Labour Exploitation in Agriculture and Gangmastering for 2020–22. The Committee also requests the Government to continue to strengthen the capacity of law enforcement bodies to identify and investigate cases of labour exploitation as defined and criminalized under section 603bis of the Criminal Code in order to ensure the imposition of sufficiently dissuasive penalties on perpetrators.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal framework and penalties. In its previous comments, the Committee noted that Legislative Decree No. 24 of March 2014 on preventing and combating trafficking in human beings and protecting its victims amended sections 600 (enslavement) and 601 (trafficking in persons) of the Criminal Code by strengthening the punitive instrument, and ensuring that no possible manifestations of human trafficking can escape criminal prosecution by providing a definition of the crimes of enslavement and of trafficking in persons that corresponds to the EU Directive 2011/36/EU. The new provision under section 601 includes the recruitment, transportation, transfer, reception and assignment of authority on another person to induce or force any person to carry out labour, to provide sexual services and to beg or to carry out illegal activities that involve exploitation.
The Committee notes the statistical information provided by the Government in its report on the application in practice of the relevant provisions of the Criminal Code. In this regard, the Committee notes that according to the data from the National Anti-Mafia Directorate, during the period from July 2016 to June 2017, 238 cases were investigated under section 600 of the Criminal Code, involving 164 victims; and 266 cases were investigated under section 601, involving 294 victims. The Committee further notes that according to the data from the Ministry of Justice of 2017, under section 600 of the Criminal Code, a total of 171 cases were registered against 412 persons, of which 120 persons were prosecuted. Under section 601, 168 cases were registered against 482 persons, of which 73 persons were prosecuted. In 2017, the court convicted 13 persons under section 600 and eight persons under section 601. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women of the United Nations, in its concluding observations of 24 July 2017, expressed concern at the low prosecution and conviction rates in cases of trafficking (CEDAW/C/ITA/CO/7, paragraph 29(b)). The Committee therefore requests the Government to strengthen its efforts to ensure that all perpetrators involved in trafficking in persons are subject to investigations and prosecutions and that sufficiently effective and dissuasive penalties are applied in practice. It also requests the Government to continue to provide information on the application in practice of the abovementioned provisions of the Criminal Code, as amended, including the number of prosecutions, convictions, and the specific penalties applied.
2. Programme of action. The Committee notes the Government’s information that it has adopted a National Action Plan against Trafficking and Serious Exploitation of Persons 2016–18 (NAP 2016–18). The NAP 2016–18 sets the objective of determining multi-year strategies and implementing actions specifically to: (i) adopt preventive measures, increasing knowledge of the phenomenon through targeted initiatives in the countries of origin and communication and awareness raising campaigns; (ii) improve regularization measures and ensure effective and coordinated response; (iii) develop suitable mechanisms for the quick identification of trafficking victims, by drafting ad hoc guidelines; (iv) establish a national Referral mechanism; (v) update and improve existing reception systems; (vi) provide multi-agency training; and (vii) adopt specific guidelines to meet the obligation to inform victims of the possibility of being granted a residence permit and requesting free legal aid, health support, and witness protection. The NAP also provides for international cooperation initiatives to strengthen and promote collaboration between Italy and international organizations that focus on trafficking in persons, as well as the European and non-European countries involved. Moreover, a Control Unit, comprising representatives from the relevant ministries and the National Anti-Mafia Directorate, the State Police and the regional and local authorities, has been created. This Unit acts as a coordinating body with regard to the planning, implementation and funding priorities for initiatives to combat trafficking and exploitation of persons and for coordinating inter-institutional working parties which are responsible for implementing and monitoring the Plan. The Committee further notes that the NAP also provides for Unified Programme of regularization, assistance and social integration of victims of trafficking with provisions for access to suitable lodging, food and health and assistance for reintegration. The Committee requests the Government to provide information on the implementation of the NAP for 2016–18, as well as the results achieved.
3. Protection, assistance and reintegration of victims of trafficking in persons. Following its previous comments, the Committee notes the detailed information provided by the Government on the measures taken to protect and assist victims of trafficking. In this regard, it notes that:
  • -A toll-free anti-trafficking hotline has been established, which is available 24 hours a day and provides specialized, multi-lingual staff and information about legislation and services available to victims of trafficking and exploitation. Upon request, it directs them to social support services. In 2017, this hotline received a total of 4,033 calls, a rise of up to 35 per cent compared to the calls received in 2016.
  • -The National Anti-Mafia and Anti-terrorism Directorate (DNA) which takes a leading role in combating trafficking of persons by establishing collaboration with international authorities involved in combating cross-border criminal, has signed; in 2016, three bilateral agreements with the Government of Nigeria, on extradition, legal assistance and detainee transfer; in 2017, a judicial cooperation agreement with the United Kingdom and Nigeria; and in 2018 an agreement with the American Embassy on innovative methods to increase the trafficking in persons prosecutions.
  • -The DNA, with the assistance of the National Commission for the Right to Asylum and the United Nations High Commissioner for Refugees, formulated the “Guidelines for identifying trafficking victims among those seeking international protection”.
  • -Reception, assistance and identification centers have been established in a number of strategic locations across the country, in the so-called hotspots (currently four locations are identified as hotspots, Lampedusa, Trapani, Pozzallo and Taranto) which implement the Ministry of Interior’s Standard Operating Procedures under which victims of trafficking are guaranteed the highest level of care and assistance.
  • -A project on Combating Human Trafficking along Migration Routes-Multi-Agency Simulation and Training for the Italian Context was developed for the benefit of the state police investigative personnel from various regions aimed at fostering a preventive model based on a multi-agency approach directed at preserving international standards for human rights.
The Committee further notes the Government’s indication that it has doubled the funding dedicated to combating trafficking in persons with a total amount of €22.5 million allocated in 2017 for 21 projects. The Government further indicates that to date, 25,000 victims of trafficking have been freed. Moreover, according to the Information Collections System on Trafficking in Persons (SIRIT) in 2017, a total of 1,865 victims of trafficking, including 1,587 women, 262 men and 16 transgender were provided with help and assistance through various projects. Taking due note of the measures taken by the Government, the Committee encourages it to pursue its efforts to provide protection and assistance to victims of trafficking. It requests the Government to continue to provide information on the measures taken in this regard, including the number of persons benefiting from these services.
Articles 1(1) and 2(1). Exploitation of foreign workers in an irregular situation. Following its previous comments, the Committee notes the Government’s information that it adopted Law No. 199 of 29 October 2017 on Provisions to combat undeclared work, labour exploitation in agriculture and realign wages in the agricultural sector which aims to strengthen procedures for combating the Caporalato (illegal employment of agricultural workers for low wages) gang-master phenomenon. The Government indicates that the following amendments and provisions were introduced by Law No. 199: (i) amended section 603 bis of the Criminal Code by increasing the penalty for the offence of unlawful intermediation and labour exploitation; (ii) expanded the subjective scope of conduct to be punished thereby including the intermediary as well as the employer; (iii) made as aggravating circumstances the use of violence or menace for the offences of unlawful intermediation and labour exploitation; and (iv) introduced a penalty of mandatory confiscation of items serving or intended to serve in committing the crime or items that are the price, product or profit thereof.
The Committee also notes the Government’s information that effective inspections, targeting the above mentioned offences are carried out by means of the Inspection Activity Planning document of 2017, which requires specific inspections in the agricultural sector by inter-province task forces in pre-selected areas where seasonal work is predominant. The Government states that the inspection activities are planned and carried out to implement two following protocols of understanding: the Experimental protocol against gangmasters and labour exploitation in agriculture, “Care legality – Escaping the ghetto” signed in May 2016 between the Ministry of Labour and Social Policy (MoLSP), Ministry of Interior and the Ministry of Agriculture, Food and Forestry (MoAFF) together with some southern regions, various ministries, and agricultural trade union and employers’ and voluntary organizations to establish permanent coordination units to enhance inspection activity; and Cooperation protocol to Combat gangmastering and undeclared and irregular labour in agriculture signed in July 2016 by the MoLSP, the MoAFF and the National Labour Inspectorate to develop shared inspection methodologies and joint actions to effectively combat the phenomenon of gangmastering and labour exploitation in agriculture. The Committee notes the Government’s statement that these inspection activities have achieved significant results and further notes the statistical information provided by the Government in this regard. In 2017, 7,265 agricultural inspections were carried out and a total of 5,222 irregular workers were identified, of whom, 3,549 were undeclared, and 203 were third-country nationals without resident permits. In 306 cases, a suspension of business activity was imposed. Moreover, in 2017, following the operations of the police, 94 persons involved in gangmaster crime under section 603 bis of the Criminal Code were referred to the legal authorities, including 31 arrests and 59 such persons were reported in 2018 with nine arrests. The Government report further provides a detailed information on the specific inspection activities dedicated to undeclared and irregular work conducted by the National Labour Inspectorate. On the whole, in 2017, 1,227 irregular third-country immigrants were found mainly in the industrial and manufacturing sectors, agriculture and in construction; these inspections resulted in 6,939 suspensions of business activities.
The Committee finally notes the information provided by the Government on the various projects and initiatives launched and implemented in order to combat gangmastering and labour exploitation of migrants in agriculture. The Committee notes, however, that the Human Rights Committee of the United Nations, in its concluding observations of May 2017, expressed concern at the labour exploitation faced by migrant workers, particularly those in irregular situations and in the agricultural sector, the systematic failure to comply with rules of occupational safety, minimum living conditions and the lack of effective labour inspections (CCPR/C/ITA/CO/6, paragraph 28(c)). While acknowledging the difficult situation facing the country following the entry of high number of migrants, the Committee encourages the Government to pursue its efforts to prevent foreign migrants from falling victim to exploitative situations amounting to forced labour regardless of their legal status, and to ensure that they can assert their rights, including by means of accessing the competent authorities. The Committee requests the Government to continue to provide information on the application in practice of section 603bis of the Criminal Code and the measures taken to offer assistance to victims of exploitation under this provision.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Italian General Confederation of Labour (CGIL) communicated with the Government’s report.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously noted that the Government was making considerable efforts to combat trafficking in the country, including conducting awareness-raising campaigns; the operation of a toll-free anti-trafficking line; cooperation with foreign governments to identify victims of trafficking, prosecute traffickers and assist victims; and developing a national action plan to combat trafficking. However, it noted that the number of convictions for trafficking in persons and related crimes remained low.
The Committee notes the Government’s indication in its report that it enacted Legislative Decree No. 24 of March 2014 on preventing and combating trafficking in human beings and protecting its victims which implemented Directive 2011/36/EU of the European Parliament and Council. The Government states that the Decree provides for amendments to sections 600 (enslavement) and 601 (trafficking in persons) of the Criminal Code by strengthening of the punitive instrument, and ensuring that no possible manifestations of human trafficking can escape criminal prosecution by providing a definition of the crimes of enslavement and of trafficking in persons that corresponds to the EU Directive. The new provision under section 601 includes the recruitment, transportation, transfer, reception and assignment of authority on another person to induce or force any person to carry out labour, to provide sexual services and to beg or to carry out illegal activities that involve exploitation. The Decree also provides for the adoption of a national action plan against trafficking in persons, the setting up of a state-owned compensation fund for victims of trafficking and improved assistance to and protection of victims of trafficking. The Committee also notes the Government’s indication that the national action plan, which is to be approved in 2016 will promote the development of systematic synergies between central, regional, local government agencies and private entities that are involved in combating trafficking, taking into account the four basic guidelines of the international strategy to combat trafficking, namely prevention, prosecution, protection and partnership. Moreover, the Committee takes note of the detailed information provided by the Government concerning the application in practice of the relevant provisions of the Criminal Code prohibiting trafficking in persons. With regard to the application of section 601 of the Criminal Code, the Committee notes that according to the data from the Prosecutor’s Office a total of 48 cases were registered in 2013 against 341 persons, of which 108 persons were prosecuted. In 2013, the courts convicted and sentenced 50 persons under section 601 of the Criminal Code. Moreover, in 2014, 58 investigations were initiated and 136 persons were prosecuted for trafficking in persons. The Committee also notes, from the April 2014 report of the United Nations Human Rights Council’s Special Rapporteur on trafficking in persons, especially women and children, that recently, there has been a significant decrease in the number of trafficking cases investigated. This report also indicates that although the law provides for severe penalties for trafficking related offences, the conviction rates are very low compared to the number of investigations (A/HRC/26/37/Add.4, paragraphs 65 and 66). The Committee therefore requests the Government to strengthen its efforts to ensure that all perpetrators involved in trafficking in persons are subject to thorough investigations, prosecutions and that sufficiently effective and dissuasive penalties are applied in practice. It also requests the Government to continue to provide information on the application in practice of the relevant provisions of the Criminal Code, as amended, including the number of prosecutions, convictions, and the specific penalties applied. The Committee finally encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, including through the adoption and implementation of the National Action Plan to combat trafficking in persons and to provide information on the measures taken in this regard as well as on the results achieved.
2. Protection and reintegration of victims of trafficking in persons. Following its previous comments, the Committee notes the Government’s information that there exists two types of assistance and protection programmes for the victims of trafficking, such as: (i) short-term programmes under article 13 of the Act No. 228/2003 on measures against trafficking in persons (article 13 projects) which offer initial support measures to victims of trafficking; and (ii) long-term programmes under article 18 of Legislative Decree No. 286/98 which provides for special protection to victims of trafficking through a programme of assistance, social integration and the issuance of residence permits for social protection (article 18 projects). The Government indicates that between 2006 and 2012, a total of 166 article 13 projects were funded and assistance was provided to 3,862 victims of trafficking (including 208 minors). Between 1999 and 2012, 665 article 18 projects were funded and assistance was provided to 21,795 victims of trafficking (including 1,171 minors). Moreover, from 2013–14, a total of 1,180 victims of trafficking were assisted under the two projects. According to the Government’s report the numerical figures for those benefiting from protection programmes offered by regional services remained at 1,000 people per year. The Committee also notes the Government’s information that Decree No. 24 recognizes the right of victims of trafficking to receive compensation of an amount of €1,500. Moreover, the Committee notes the Government’s statement that it is currently in the process of designing a unified programme of regularization, assistance and social integration of the victims of trafficking as provided under section 8 of Decree No. 24. Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to provide protection and assistance to victims of trafficking. It requests the Government to continue to provide information on the measures taken in this regard, including the number of persons benefiting from these services.
Articles 1(1) and 2(1). Exploitation of foreign workers in an irregular situation. In its previous comments, the Committee noted the Government’s indication that particular attention was being given, in law and in practice, to the issue of illegal employment and exploitation of migrant workers. In this regard, the Government referred to section 603bis of the Criminal Code of 2011 relating to the offence of unlawful intermediation and labour exploitation, including hiring labour or organizing its work in an exploitative manner through violence, threats or intimidation as well as Legislative Decree No. 109 of 16 July 2012, which provides for sanctions for employing a foreigner without a valid permit.
The Committee notes that the observations of the CGIL contain allegations of labour exploitation of migrant workers, particularly in the Apulia Region where an estimated 40,000 to 50,000 migrant workers are employed in the agricultural sector during the summer harvest. These workers are subject to highly precarious situations, with instances of labour that are akin to slavery, with poor working and living conditions, low wages and long working hours. The Committee notes the Government’s statement that inspectors of the Ministry of Labour play a crucial role in the fight against the illegal exploitation of migrant workers and refers to the following measures taken in this regard:
  • -implementation, in collaboration with the Department for Equal Opportunities, of a project entitled “Transnational and inter-sectoral action to combat trafficking for serious labour exploitation, identification of and care for the victims of forced labour and trafficking”;
  • -preparation of a manual entitled Forced Labour and Human Trafficking in order to facilitate identification of victims of forced labour and trafficking;
  • -issuance of a circular through the General Directorate for Inspection Activity, urging more serious supervisory activity in agriculture in the region of Apulia and initiating supervisory campaigns to combat the procurement of illegal labour through an agent, illegal exploitation of irregular workers/illegal immigrants, and employment of minors;
  • -establishment of inter-provincial and interregional task forces to reinforce the inspection activities, particularly in regions with high risk of labour violations or work of a seasonal nature.
The Committee also notes the information contained in the Government’s report on inspection activities which indicates that 3,349 inspections were carried out in the agricultural sector in the first half of 2015, and 2,355 workers were found to be irregular. Moreover, 75,890 inspections were carried out in the service and construction sectors during the first half of 2015, and 18,215 workers were found to be working illegally.
With regard to legislative measures, the Committee notes the Government’s indication that according to section 22 of Legislative Decree No. 151 of 2015, the employment of illegal workers entails the application of the maximum sanction involving administrative fines ranging from €1,500 to 36,000, which shall be exacted by the supervisory bodies that carry out investigations in the sphere of labour, tax and social security. Where the employee is a foreigner, the penalties are increased by 20 per cent. Moreover, section 22 of Legislative Decree No. 286/1998 on immigration as amended by Legislative Decree No. 109/2012 states that an employer who employs foreign workers without a residence permit shall be punished with imprisonment up to three years and a fine for each employed worker. This penalty shall amount to aggravating circumstances if three illegal workers or minors under the working age are hired or where there are instances of exploitative working conditions described under section 603bis of the Criminal Code (procurement of illegal labour through an agent). In such cases, an additional administrative sanction is imposed, consisting of payment of the cost of repatriation of the foreign worker who is illegally employed, following the conviction of the employer and issuance of a residence permit to the worker who reported and cooperated in the criminal prosecution. According to the data from the Ministry of the Interior, in 2014, a total of 12 residence permits were issued and 110 permits were renewed. The Committee further notes the Government’s statement that workers in conditions of labour exploitation who do not report on their employers or cooperate in the prosecution, shall have recourse to the protection system guaranteed under section 13 of Act No. 228/2003 and section 18 of Decree No. 286/98, such as the toll-free anti trafficking hotline.
The Committee notes from the report of the United Nations Human Rights Council’s Special Rapporteur on the human rights of migrants of 1 May 2015 that Decree No. 109/2012 which provides for sanctions against employers has not yet been fully implemented. According to this report, employers continue to exploit migrants physically and financially without fear of sanctions. The Committee also notes from the April 2014 report of the United Nations Human Rights Council’s Special Rapporteur on trafficking in persons, especially women and children, that though legislation regularizing the residence status of migrants was adopted, enabling employers to regularize all their informally hired workers, widespread fraud by employers during the regularization process was noted, such as charging an amount of €500 to 4,500 from migrants to obtain a work residence permit (A/HRC/26/37/Add.4, paragraph 74). The Committee finally notes from the report of the Special Rapporteur of May 2015 that according to the United Nations High Commissioner for Refugees, Italy received over 140,000 refugees and migrants in 2014. While acknowledging the difficult situation facing the country following the entry of high number of migrants, the Committee encourages the Government to strengthen its efforts to prevent foreign migrants from falling victim to exploitative situations amounting to forced labour as well as to protect all migrant workers, regardless of their legal status, from forced labour exploitation, and to ensure that they can assert their rights, including by means of accessing the competent authorities. The Committee requests the Government to provide information on the application in practice of section 603bis of the Criminal Code and the measures taken to offer assistance to victims of exploitation under this provision. Lastly, the Committee requests the Government to provide information on the measures taken to offer assistance to victims of exploitation amounting to forced labour who do not report their employers or participate in their prosecution, including information on the number of such workers who have availed the protection system guaranteed under section 13 of Act No. 228/2003 and section 18 of Decree No. 286/98, such as the toll-free anti-trafficking hotline.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously noted that the Government was undertaking several measures to apply the prohibition of trafficking in persons contained in the Criminal Code. The Government recognized the need to strengthen its law enforcement mechanisms, especially as regards trafficking for labour exploitation. It indicated that, since 2006, it had widened the scope of its activities to include measures to address labour exploitation, collecting data and identifying affected national groups and regions of incidence.
The Committee notes the Government’s statement that although trafficking is a relatively recent phenomenon in the country, it has reached alarming proportions. The Government indicates that it has taken a number of measures to address this phenomenon, such as awareness-raising campaigns, the operation of a toll-free anti-trafficking line, and cooperation with foreign governments to identify victims of trafficking, prosecute traffickers and assist victims. The Government has begun to develop a national action plan on trafficking with a view to implementing a more wide-ranging and effective national strategy to combat trafficking. The Committee also takes due note of the detailed information provided by the Government concerning the application of provisions of the Criminal Code prohibiting trafficking in persons. In 2010, 152 persons were investigated and 105 persons were prosecuted for trafficking in persons, and in 2011, 250 persons were investigated and 100 persons were prosecuted. However, in 2010, the last year for which data on sentences is provided, only 27 persons were convicted and sentenced.
In this regard, the Committee once again notes that, despite the Government’s ongoing efforts, the number of convictions for trafficking in persons and related crimes remains low. The Committee observes, however, that the Government is making considerable efforts to combat trafficking in the country. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard. It requests the Government to strengthen its efforts to ensure that all perpetrators involved in trafficking in persons are subject to thorough investigations, robust prosecutions and that sufficiently effective and dissuasive penalties are applied in practice. The Committee also requests the Government to continue to provide information on the application of relevant provisions of the Criminal Code in practice, including the number of arrests, as well as the number of prosecutions, convictions, and the specific penalties applied.
2. Protection and reintegration of victims of trafficking in persons. The Committee previously noted the Government’s indication that since 2006 it had been undertaking projects to offer support to victims of trafficking.
The Committee notes the Government’s indication that it operates the “National Programme for the assisted voluntary return and reintegration of victims in their country of origin” which enables victims of trafficking who wish to return to their country to do so in a protected manner. This programme has handled 200 cases since 2001. The Committee also notes the very detailed information provided concerning the significant number of victims of trafficking, or suspected victims of trafficking, who have been provided with assistance, including the provision of a special residence permit and social assistance; 1,770 victims received this assistance in 2009–10, and 1,952 victims in 2010–11. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 2 August 2011, commended the Government for the efforts undertaken to provide social assistance to identified victims of trafficking (CEDAW/C/ITA/CO/6, paragraph 28). Taking due note of the measures taken by the Government, the Committee encourages the Government to pursue its efforts to provide protection and assistance to victims of trafficking. It requests the Government to continue to provide information on the measures taken in this regard, including the number of persons benefiting from these services.
Articles 1(1) and 2(1). Exploitation of foreign workers in an irregular situation. The Committee previously noted the communications received in 2010 from the Italian General Confederation of Labour (CGIL), referring to the labour exploitation of migrant workers, including those in an irregular situation, particularly in the southern provinces. The CGIL indicated that workers were obliged to live in camps, abandoned buildings and factories and worked under harsh conditions and for long hours, with no written contracts or formal employment agreements. The CGIL further indicated that, despite the initiation of some judicial proceedings, the system of victims’ protection and rehabilitation remained inefficient, especially with regard to migrants in an irregular situation. The CGIL observed that victims of exploitation with irregular legal status tended to either hide from the authorities out of fear of deportation or expulsion. As regards the adoption of the European Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals, the CGIL acknowledged the importance of legislation punishing employers who hire illegal migrants. However, it also expressed concern regarding the Government’s decision, during the process of the parliamentary transposition of the Directive, to remove all articles related to the promotion of measures for the regularization of migrant workers who are victims of exploitation.
In reply to these observations, the Government indicated that particular attention had been given to the issue of the illegal employment of migrant workers and that inspection activities had been undertaken focusing mainly on the construction and agriculture sectors which faced a high incidence of labour exploitation. However, the Government indicated that the allegations of the CGIL were not connected with the definition of forced labour, but were related to other phenomena, such as the exploitation of migrants, illegal migration and trafficking in persons. The Committee recalled, in this regard, that poor conditions of work do not always amount to a situation of forced labour. However, in cases where work or service is imposed by exploiting the worker’s vulnerability, under the menace of any penalty (such as dismissal, deduction of wages and threats of denunciation to authorities), such exploitation ceases to be merely a matter of poor conditions of employment and calls for the protection of the Convention.
The Committee notes the Government’s statement that the Italian legislature has been paying particular attention in recent years to the problem of foreign victims of irregular labour exploitation. In this regard, the offence of unlawful intermediation and labour exploitation was introduced into the Criminal Code in 2011, with section 603bis penalizing anyone “who carries out organized intermediation, hiring labour or organizing its work in an exploitative manner, through violence, threats or intimidation, taking advantage of the state of need or want of workers”. This provision also identifies factors that constitute exploitation, including systematically remunerating workers in a manner manifestly different from national collective agreements or disproportionate to the quantity and quality of the work, systematically breaching provisions on working hours, rest days, mandatory leave and holidays, breaching the regulations on safety and health or subjecting workers to particularly degrading working conditions, methods of supervision or housing conditions. The Government’s report states that only one of these factors has to be present for criminal sanctions to be imposed. The Government also refers to Legislative Decree No. 109 of 16 July 2012, entitled “Implementing Directive 2009/52/EC providing for minimum standards on sanctions and measures against employers of illegally staying third country nationals”, which provides for sanctions for employing a foreigner without a valid permit. The Government indicates that the abovementioned types of labour exploitation contained in section 603bis of the Criminal Code are also aggravating circumstances in respect of this offence in Legislative Decree No. 109. This legislation also makes it possible to issue a particular residence permit, on humanitarian grounds, to foreigners who report their employers or take part in the criminal prosecution of their employers. The Committee observes that the Government’s report does not indicate how many residence permits have been issued in this regard, or what protection is available to workers who have been exploited but do not report their employer or take part in their prosecution.
The Committee notes the Government’s indication that to combat irregular employment it has undertaken an Inspection Plan for Agriculture and Construction, through which joint inspections were undertaken in four regions, in collaboration with the Labour Protection Command of the Police, the Ministry of Labour and Social Policy, social security institutions and the state police. The Government indicates that in the agricultural sector, 7,816 farms were inspected and 7,102 irregular workers were detected, and in the construction sector, a total of 10,958 sites were inspected, and 7,565 irregular workers were detected. However, the Government does not indicate what measures were taken to identify potential victims of conditions amounting to forced or compulsory labour during these inspections, or to provide assistance to any victims identified. The Government also indicates that in 2011, routine inspection work by the Local and Regional Labour Directorate detected 164,473 irregularly employed workers, 52,426 of whom were undeclared, including 2,095 clandestine non-EU nationals. The Government does not provide information on measures taken to identify, among this group, victims of exploitative conditions amounting to forced labour.
The Committee notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of 9 March 2012, expressed concern regarding the lack of appropriate legal protection for migrants, in particular against exploitation or abusive working conditions (CERD/C/ITA/CO/16–18, paragraph 23). Therefore, while noting the measures taken by the Government in both legislation and practice, and acknowledging the difficulties encountered by the Government, the Committee once again recalls that migrant workers in an irregular situation are highly vulnerable to forced labour. It recalls that, in addition to investigating and prosecuting employers who hire workers with illegal status, it is also important to identify and protect, among the irregular workers, those who are victims of trafficking and/or forced labour. The Committee therefore requests the Government to continue to provide detailed information on the measures adopted to protect migrant workers, both in law and practice, from forced labour exploitation, regardless of their legal status, and to ensure that they can assert their rights, including by means of accessing the competent authorities. The Committee accordingly requests the Government to provide information not only on the application of section 603bis of the Criminal Code in practice, but also information on the measures taken to offer assistance to victims of exploitation under this provision. The Committee also requests the Government to provide information on the application in practice of Legislative Decree No. 109 of 16 July 2012, including the number of specific residence permits that have been issued under this Decree. It further requests the Government to provide information on the measures taken to offer assistance to victims of exploitation amounting to forced labour who do not report their employers or participate in their prosecution. The Committee also refers to the comments it is making under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee has been examining the issue of trafficking in persons in Italy and the measures adopted by the Government to combat it. The Committee notes the detailed information provided by the Government in its reports concerning both Convention No. 29 and Convention No. 143 (Migrant Workers (Supplementary Provisions) Convention, 1975), which witnesses its commitment in combating trafficking for sexual and labour exploitation. It notes, in particular: (a) the adoption of Act No. 108 of 2 July 2010 on “Ratification and Implementation of the Council of Europe Convention on Action against Trafficking in Human Beings, signed in Warsaw on 16 May 2005, and adjustment of domestic regulations”; (b) the statistical data provided on the judicial proceedings instituted against perpetrators, as well as on the number of victims of trafficking in persons for the period between 2004 and 2009; (c) the information on detection, prosecution and sanctions imposed on persons involved in trafficking in persons (data concerning 2008).
With regard to the effective application of the legislation, the Government recognizes the need to strengthen its law enforcement mechanisms, especially as regards trafficking for labour exploitation. It indicates, in this connection, that it is making considerable efforts to confront and find appropriate solutions to the difficulties encountered, such as the lack of international judicial cooperation faced by the National Anti-Mafia Directorate. The Government also indicates that it has, since 2006, widened the scope of its activities to include measures to address labour exploitation, collecting data, identifying affected national groups and regions of incidence, and elaborating projects to offer support to victims. In collaboration with the General Directorate for Inspection Activities and the Department of Equal Opportunities, the Ministry of Employment and Social Policies has been taking a number of actions to set up coordination and intervention networks involving regional and provincial employment directorates, police forces, trade unions and NGOs in order to strengthen the capacity of actors involved in detecting, investigating and combating trafficking for labour exploitation.
The Committee notes that, despite the Government’s ongoing efforts, the number of decisions imposing sanctions for trafficking in persons and related crimes is still significantly low in comparison with the number of victims. The statistical figures presented illustrate the difficulties stemming from the complexity of the phenomenon of trafficking in Italy, which is directly related to the activities of criminal organizations and involve different national groups and sectors of the economy. The Committee acknowledges, however, that the Government is aware of the extent, as well as of the particular characteristics of the phenomenon in the country, a crucial step for targeting the problem in an efficient manner, as it has been notably doing in the last years. The Committee hopes that the Government will continue to make every effort to combat trafficking in persons, and particularly to protect and assist victims of sexual and labour exploitation. Please indicate the measures adopted to overcome the problems so far identified by the Government, especially as regards the improvements required in the identification, arrests and prosecution of perpetrators. The Committee requests the Government to continue to provide information on the judicial proceedings initiated against those responsible for trafficking and related crimes, indicating the penalties imposed.
Exploitation of foreign workers in irregular situation. In its previous comments, the Committee requested the Government to indicate the measures adopted to combat the exploitation of foreign workers amounting to forced labour, regardless of their legal status. Referring also to the report submitted on the application of Convention No. 143, the Committee notes that the Government provides detailed information on the policies developed to address the exploitation of migrant workers, including information and statistical data on the actions taken under the strategic programme of inspections that has been carried out by the Ministry of Labour and Social Policies. It also indicates that it intends to enhance the domestic legislative framework through the adoption of European Directive 2009/52/EC of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (Sanctions Directive).
The Committee notes, in this regard, the communications dated 23 February 2010 and 23 September 2010 received from the Italian General Confederation of Labour (CGIL), which contain observations on the application of the Convention by Italy. The communications by the CGIL contain allegations of labour exploitation of migrant workers, including those in an irregular situation, particularly in the southern provinces, where, according to the Confederation, workers are obliged to live in camps, abandoned buildings and factories, working under harsh conditions and for long hours, with no written contracts or formal employment agreements. The CGIL also points out that, despite some judicial proceedings initiated with a view to investigate and prosecute perpetrators involved in the exploitation of migrant workers, the system of victims’ protection and rehabilitation is still inefficient, especially as regards migrants in an irregular situation. While the Government tends to transfer regular migrant workers to other regions within Italy, the CGIL observes that victims of exploitation with irregular legal status tend to either hide from the authorities fearing deportation or be expelled from the country. As regards the adoption of the European Directive 2009/52/EC, the CGIL acknowledges the importance of a legislation punishing employers who hire illegal migrants, but it also expresses concern about the Government’s decision, during the process of parliamentary adoption of the Directive, to remove all articles related to the promotion of measures for the regularization for migrant workers victims of exploitation.
In its reply to the observations made by the CGIL, the Government states that the allegations have no connection with the definition of forced labour, being related to other phenomena, such as exploitation of migrants, illegal migration and trafficking in persons. It also denies the existence of instances of forced labour in Italy and emphasizes that all forms of forced labour have been prohibited since 1934. The Government indicates that particular attention is being given to the issue of illegal employment of migrant workers, focusing on inspection activities mainly in the construction and agriculture sectors, which face a high incidence of labour exploitation. In this regard, it provides statistical data on inspections conducted in 2009, as well as on inspections conducted following the approval of the “Extraordinary inspection plan for agriculture and construction in the regions of Calabria, Campania, Apulia and Sicily”, in January 2010.
While noting the above information, the Committee recalls that poor conditions of work do not always amount to a forced labour situation. However, in cases in which work or service is imposed by exploiting the worker’s vulnerability, under the menace of any penalty (such as dismissal, deduction of wages and threats of denunciation to authorities), such exploitation ceases to be merely a matter of poor conditions of employment and calls for the protection of the Convention. In this connection, the Committee draws the Government’s attention to the fact that migrant workers who are illegally resident are in a highly vulnerable situation and therefore even more prone to become exploited in forced labour.
The Committee acknowledges the difficulties encountered by the Government, in particular due to the rapid increase in immigration flows Italy has been facing in the past few years. It also recognizes the Government’s significant efforts in addressing the issue. It observes, however, that besides investigating and prosecuting employers who hire workers with illegal status, it is also important to identify and protect, from among the illegal immigrants, those who are victims of trafficking and/or forced labour. The Committee recalls, in this respect, that forced labour, as established by the Convention, is a broader concept than trafficking in persons and also includes exploitative conditions amounting to forced labour which are unrelated to an element of movement across or within borders and consequently to trafficking in persons. The Committee therefore requests the Government to continue to provide detailed information on the measures adopted to protect migrant workers, both in law and practice, from forced labour exploitation, regardless of their legal status, and to ensure that they can assert their rights, including by means of accessing the competent authorities. Please also indicate the activities carried out to raise awareness on these issues among the competent law enforcement authorities, and the difficulties encountered. The Committee also refers to the comments it is making under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons. In its previous comments, the Committee noted the information provided by the Government on trafficking in persons in Italy and on the measures adopted to combat it. It requested the Government to continue providing information on any further measures taken to strengthen action against trafficking in persons, the number of victims of trafficking and measures taken to protect them, as well as the number of prosecutions against those responsible for trafficking.

The Committee notes the detailed information provided by the Government in reply to its comments. It notes in particular: (a) the establishment of a monitoring system through the observatory of trafficking in persons, which is responsible, among other functions, for compiling data on assistance programmes for victims. The analysis of up to date information will make it possible to identify more effectively the characteristics of trafficking in persons in Italy and to plan future action more effectively; (b) the establishment of the Coordination Committee for government action to combat trafficking in persons, which is responsible for assessing the phenomenon as a whole; (c) the creation of the toll-free anti-trafficking telephone number which, in addition to informing victims of their rights anonymously, includes the establishment of a network of specialists who are able to respond rapidly to those combating trafficking and to assist victims.

With regard to the protection of victims, the Committee notes the statistical data provided by the Government on the projects established to assist the victims of slavery, serfdom and trafficking in persons. It notes that the Department for Equality of Opportunities co-financed 49 programmes and 533 projects throughout the national territory (over the period 2000–08). During the period March 2000–April 2007, a total of 54,559 individuals contacted these projects and received initial assistance; 13,517 of them were included in the projects, of whom 9,663 benefited from vocational training, literacy courses or study or work grants, and 6,435 were integrated into the labour market. The Government emphasizes that the educational level of the victims varies according to their country of origin. Some of them have no vocational training, and even a very low educational level, which prevents them from being integrated into the labour market. In such cases, the training provided generally consists of an individualized training plan developed directly within an enterprise. This means of providing training exposes the victim to the labour market and has the advantage of creating links between victims and employers, thereby making it possible to combat stereotypes. The Government specifies that, while this individualized training plan works fairly well, it is nevertheless difficult to find permanent jobs for victims following training as they are generally engaged in “pseudo-jobs” in the personal services sector.

With regard to the judicial component of action to combat trafficking, the Government indicates that the public authorities are encountering difficulties in the field of international judicial cooperation. The National Anti-Mafia Directorate is facing a lack of international cooperation, especially from the most affected countries, exemplified by the low number of requests for cross-border judicial action. The Government adds that the Anti-Mafia Directorate organized a meeting with the Office of the Attorney-General, the police forces, the International Organization for Migration and the NGOs concerned, which emphasized the need to: reinforce coordination between the Office of the Attorney-General and the Anti-Mafia Directorate with a view to identifying existing links between trafficking in migrants and trafficking in persons; train the police forces and public attorneys in the specific characteristics of this crime; grant more temporary residence permits to victims, as they have an essential role to play in the identification of criminals and networks. The Committee observes that the statistical data provided by the Government on judicial proceedings confirm the difficulties encountered by the judicial authorities. In comparison with the statistics on the number of victims who have contacted assistance programmes, the number of convictions for the crime of trafficking in persons (section 601 of the Penal Code) is extremely low. In 2006, there were three rulings by the courts of first instance under section 601 of the Penal Code (in two cases, three individuals were convicted, and one case was set aside) and two rulings by courts of second instance (convicting eight individuals), with the figures for 2007 being around the same. Although aware of the complexity of the phenomenon of trafficking and the obstacles to be overcome, the Committee hopes that the Government will continue to make every effort to obtain results in the identification, apprehension and prosecution of persons engaging in trafficking in persons and that it will provide information in this respect. Please indicate the measures adopted to overcome the problems identified by the National Anti-Mafia Directorate (as outlined above). The Committee requests the Government to continue providing information on the court proceedings initiated against those responsible for trafficking, with an indication of the penalties imposed, so that the Committee can ascertain that these penalties are really adequate and are strictly enforced, in accordance with Article 25 of the Convention.

Exploitation of illegal foreign workers. In its previous comments, the Committee requested the Government to indicate the progress achieved in the adoption of the Bill to combat the exploitation of foreign workers illegally resident on the national territory. Under the terms of the Bill, foreign workers illegally resident who are victims of “serious exploitation” could benefit from a temporary residence permit. The Committee notes the Government’s indication in its report that the process of the adoption of this Bill was stopped following the change of Government in April 2008. The Committee also notes the adoption of Act No. 94 of 15 July 2009 issuing provisions respecting public security, which inserts section 10bis into the Act of 1998 regulating immigration and the status of foreign nationals. The Committee notes that the illegal entry and residence of migrants now constitute a criminal offence. The Committee draws the Government’s attention to the fact that migrant workers who are illegally resident are in a situation of vulnerability which exposes them to the exploitation of their labour and that the penalization of unlawful migration increases their vulnerability still further. The Committee requests the Government to indicate the measures adopted to protect migrant workers from exploitation of their labour through forced labour, regardless of their legal status and to ensure that they can assert their rights. It is also important that those responsible for such exploitation are penalized.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Trafficking in persons. The Committee notes the full and detailed information provided by the Government in reply to its previous comments concerning the measures adopted by the Government to combat the phenomenon of the trafficking in persons in Italy. It notes in particular:

(a)       the explanations provided by the Government concerning the various components of the legislative and judicial machinery established with a view to ensuring greater effectiveness in the imposition of penalties on those responsible for trafficking;

(b)      information concerning the active participation of Italy in the implementation of joint activities and strategies to combat trafficking at the multilateral level, and on the conclusion of bilateral international cooperation agreements with the countries concerned, especially those in the Balkans. This cooperation includes, for example, the exchange of strategic information and data on investigation methods and participation in training activities;

(c)       information on the measures adopted to protect the victims of trafficking, with particular reference to the conditions for the granting of temporary renewable six-month permits for foreign nationals who are victims of exploitation (section 18 of Act No. 286/1998 issuing regulations governing immigration and the status of foreign nationals) and their participation in the various social integration and assistance programmes. The Government specifies that the measures adopted in this field have the objective of assisting and encouraging victims rather than forcing them to denounce those responsible for their exploitation, with the fact of gaining the trust of the victim being the essential element of really beneficial cooperation;

(d)      data on the extent and characteristics of the phenomenon of the trafficking in persons in Italy. The Government indicates that it is very difficult to quantify and characterize trafficking in persons as it is a complex and multidimensional phenomenon that is in constant evolution. Italy, which was first a country of destination has, over the past few years, also become a country of transit from and towards other European countries. In this context, the Government has provided the results of an analytical survey which describes the phenomenon and enumerates the various sectors concerned, as well as the origin of the populations that are the victims of trafficking; and

(e)       information on the various types of action carried out by the forces of order.

The Committee notes with interest all the information provided by the Government on the characteristics of trafficking in persons in Italy and on the measures that it has taken in response. This information bears witness to the Government’s will to combat trafficking in persons. The Committee acknowledges that, in view of the complexity of the phenomenon, combating the trafficking in persons is a difficult task which requires the mobilization of many actors at the national level and increased international cooperation. The Committee would be grateful if the Government would continue to provide information in future reports on any new measures adopted to strengthen action against trafficking in persons, as well as on any difficulties encountered and the results achieved through the measures that have already been adopted.

The Committee also notes that the Government refers to the difficulty of obtaining evidence that can be used in the courts in view of the fact that the victims are not always present during the legal proceedings because they have disappeared or have suffered threats. It indicates in this respect that the legal provisions allowing temporary permits to be issued to foreign nationals who are victims of exploitation and providing for their participation in the various social integration and assistance programmes (section 18 of Act No. 286/1998 regulating immigration and the status of foreign nationals) should facilitate the availability of victims to give evidence during legal proceedings. The Committee is of the view that the application of effective penalties against those responsible, as envisaged in Article 25 of the Convention, is a key element in combating trafficking in persons. The effective punishment of those who are guilty in practice incites victims to bring charges and has a dissuasive effect on trafficking. The Committee requests the Government to continue providing information on the prosecutions initiated against those responsible for trafficking in persons and the penalties imposed. It would also be grateful if the Government would continue providing statistical data on the number of victims of trafficking, those benefiting from the various protection measures (temporary permits or social programmes) and those who agree to cooperate with the judicial system and the number of prosecutions which have resulted in the conviction of criminals.

Exploitation of illegal foreign workers. The Committee notes the Government’s indication in its report that in November 2006 it approved a Bill to combat the exploitation of foreign workers illegally resident on the national territory. The Government specifies that the special temporary permit issued to foreign nationals for reasons of social protection could be linked to the more precise identification of offences involving serious exploitation of workers. The Committee requests the Government to provide information in its next report on the progress achieved in the adoption of this Bill, as well as information on any developments relating to the notion of the serious exploitation of workers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Trafficking in persons. In its previous comments, the Committee noted with interest the adoption of Act No. 228 of 23 August 2003 on measures against the trafficking in persons. The Act amended sections 600 to 602 of the Penal Code, giving a fuller definition of reducing or maintaining a person in slavery or servitude (section 600) and of trafficking in persons in a situation of slavery or servitude (section 601). The Committee asked the Government to indicate to what extent the new provisions had facilitated more effective punishment of such traffickers. The Government states in its report that as a result of the amendments introduced by Act No. 228, sections 600 and 601 of the Penal Code are very broad in scope, allowing punishment of the exploitation of persons in general and, in particular, of incitement to or exploitation of prostitution, begging, and the performance of work in conditions where the worker is exploited or subjugated by the employer. The Government explains that, by listing their components, the new provisions allow these offences to be defined more accurately, which is essential in order to prosecute the perpetrators in criminal proceedings. The Committee takes note of this information. It requests the Government to provide, in its future reports specific information on the criminal proceedings brought against perpetrators of such offences, and on the penalties imposed. The Committee draws the Government’s attention to Article 25 of the Convention, which requires States to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee observes that the Government has not provided information on the extent and characteristics of the trafficking in persons in Italy. It hopes that the Government will send specific information on this matter, pointing out any difficulties the public authorities have in combating trafficking in persons and any measures taken to overcome them. Please also indicate whether cooperation agreements have been negotiated with the countries of origin of the victims of trafficking (such as Nigeria, Albania or more generally the countries of Eastern Europe) and with the countries of destination.

With regard to the prevention and the protection of victims, the Committee noted previously that the legislation provided for a number of useful measures, including the creation of a fund to finance reintegration and social assistance programmes for victims of trafficking, the development by the Ministry of Foreign Affairs of a policy of cooperation with the countries concerned (Act No. 228 of 23 August 2003 on measures against trafficking) and the grant of a temporary six-month residence permit for foreign victims of exploitation who are under threat for attempting to escape or because they are involved in judicial proceedings against traffickers (section 18 of Act No. 286/1998 regulating immigration and the status of foreigners). The Government indicates in its report that, as yet, there is not sufficient funding to develop the social programmes provided for in the legislation because of the procedures for financing the fund (confiscation of assets, inter alia). The Committee requests the Government to provide more detailed information on the measures taken to implement the arrangements set forth in the legislation to protect the victims of trafficking and promote their reintegration. It would appreciate information on the number of victims of trafficking for sexual exploitation or the exploitation of their labour who have actually received a residence permit pursuant to section 18 of Act No. 286/1998). Please also indicate the extent to which the abovementioned arrangements contribute, in practice, to encouraging victims to go to the authorities.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in response to its previous direct request and the information supplied following its general observations of 2000 and 2001.

With regard to the measures adopted to combat the trafficking of persons for the purposes of exploitation, the Committee notes with interest the adoption of Act No. 228 of 23 August 2003 (measures against the trafficking of persons). This Act, which amends, among others, sections 600 to 602 of the Criminal Code, gives a more expanded definition of reducing or maintaining a person in slavery or servitude (section 600), making it possible to more accurately target the phenomenon of the trafficking of persons in this situation (section 601). The Act also provides for the establishment of a fund to finance integration and social assistance programmes for victims of trafficking and preventive measures, such as the development by the Ministry of Foreign Affairs of a cooperation policy with the countries concerned. The Committee would be grateful if the Government would provide information in future reports, on the extent of the phenomenon of the trafficking of persons in Italy and also on the application in practice of this new Act. Please: (a) provide information on any difficulties encountered by the public authorities in combating the trafficking of persons and, where appropriate, on the measures to resolve them; (b) indicate whether cooperation agreements have been negotiated with the countries of origin of the victims of trafficking (such as Nigeria, Albania and more generally, Eastern European countries) and with the countries of destination; and (c) indicate the number of persons who have benefited from integration programmes, etc. Finally, the Committee would be grateful if the Government would indicate the extent to which the adoption of the new legislation has made it possible to improve the punishment of the trafficking of persons for the purposes of exploitation and to impose penalties on those responsible for such trafficking. It recalls in this respect that, in accordance with Article 25 of the Convention, States which ratify the Convention are under the obligation to ensure that the penalties imposed by law on person exacting forced or compulsory labour are really adequate and strictly enforced.

With regard to measures to encourage victims to have recourse to the authorities and for their protection, the Government refers to section 18 of Act No. 286/1998 regulating immigration and the status of foreign nationals, under which foreign nationals who are victims of exploitation and who are endangered because they are endeavouring to flee such exploitation or are involved in legal procedures against traffickers, benefit from a renewable temporary six-month residence permit. In exchange, such persons are under the obligation to participate in a reintegration and social assistance programme. They may also register with the National Employment Agency and have access to the labour market. In this respect, the Committee notes with interest that the granting of a special residence permit and its renewal is not dependent on the participation of the victim in a judicial procedure, but on her or his effective participation in a social integration programme. Furthermore, under certain conditions, this permit may be extended, and even transformed into a normal residence permit. The Committee would be grateful if the Government would provide information on the number of victims of exploitation who have received a special residence permit under section 18 of Act No. 286/1998, the number who have agreed to act as witnesses against persons exploiting them, the number of cases in which the latter have actually been found guilty, and any other relevant information in this respect. Please also indicate whether these special residence permits have been granted to victims of trafficking in sectors other than prostitution.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1, paragraph 1, and Article 2, paragraphs 1 and 2(d), of the Convention. In its previous comment, the Committee requested the Government to repeal formally Royal Decrees Nos. 773 of 18 June 1931 and 383 of 3 March 1934, which authorized the Prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services. In its report, the Government states that, in accordance with section 15 of the preliminary provisions of the Civil Code, the coming into force of Act No. 146 of 1990 repeals section 2(1) of Decree No. 773 of June 1931. It also states that Royal Decree No. 383 of 3 March 1934 is no longer applicable due to its incompatibility with the new provisions of Act No. 146/90. The Committee notes the Government's further statement that a law is repealed simply by a later act of the legislator, either due to incompatibility between the new and the former provision, or because the new law covers all the matters dealt with by the former law (article 75 of the Constitution).

The Committee notes all these indications and the information provided on the implementation of Act No. 146/90. However, it notes that sections 1 and 2 of the above Act contain a very broad definition of the concept of essential services. The Committee recalls that, as indicated in paragraph 123 of its 1979 General Survey on the abolition of forced labour, essential services are those the interruption of which would endanger the existence or well-being of the whole or part of the population. It requests the Government to amend sections 1 and 2 of Act No. 146/90 in order to limit the definition of essential services to the strict sense of the term and thereby give effect to the Convention.

2. Article 2, paragraph 2. In its previous comments, the Committee requested the Government to indicate the provisions governing the resignation of personnel in the national fire service. It notes that in its latest report, the Government repeats the information that section 63(3) of Act No. 469/61 is no longer applied.

With reference to the information provided previously by the Government on the procedures for the repeal of legal texts (article 75 of the Constitution), the Committee once again requests the Government to provide a copy of the text governing the resignation of personnel in the fire services.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. The Committee notes from the Government's report that Royal Decree No. 773 of 18 June 1931 and Royal Decree No. 383 of 3 March 1934, which authorize the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force, although this matter has been covered by a broad revision in the context of Act No. 146 to issue provisions respecting the right to strike in essential public services and to safeguard the rights of the individual which are protected by the Constitution, as well as to establish a commission to ensure that the law is applied. The Committee also notes the decision handed down by the Constitutional Court of 27 May 1961, which was transmitted by the Government, which declared section 2 of Decree No. 773 to be partially unconstitutional. The Committee requests the Government to consider the possibility of formally repealing the above Decrees in order to bring the national legislation formally into conformity with the Convention.

2. The Committee notes the information contained in the Government's report to the effect that section 63 of Act No. 469 of 1961 is no longer applicable to the resignation of personnel in the fire services, since the national fire service is part of the Ministry of the Interior. The Committee requests the Government to indicate the provisions governing the resignation of the personnel of the national fire service.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Freedom of workers to terminate their employment:

(a) Career members of the armed forces: The Committee notes the Government's indications concerning acceptance by the authorities of the resignation of career members of the armed forces.

(b) Administrative prison staff: The Committee notes that under Act No. 395 of 15 December 1990 (Regulations of administrative prison staff), these employees are covered by the Regulations concerning the termination of employment relationships applicable to civil employees of the State. According to the Government, requests for resignation are accepted within a short period. The Government also states that in the two years prior to the adoption of Act No. 395 of 1990, no requests for resignation were refused and that, before that, the provisions under which requests could be refused were only applied in exceptional circumstances when there was a shortage of staff during periods of intense terrorist activity in Italy.

(c) National fire service: The Committee noted the Government's indications that the concept of pressing reasons of service which can be invoked to delay or refuse resignation, refers to exceptional or emergency situations. It asked the Government to indicate the number of cases of refusal or delays of resignations and the length of the delays. The Committee notes that the Government's report does not contain the information requested and asks the Government to provide it in its next report.

2. The Committee requested the Government to indicate whether Royal Decree No. 773 of 18 June 1931 and the Royal Decree of 3 March 1934, which authorized the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force and, if so, to supply copies of the above texts and of any judicial decisions that have set a precedent and defined the scope of the notion of essential services in this connection. The Committee notes that this matter is not addressed in the Government's report; it hopes that the next report will contain the information requested.

3. The Committee notes that Circular No. 2906 of 7 December 1982 provides that the prisoner's consent must be obtained for work for private employers.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report.

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee noted the information supplied by the Government to the effect that prisoners working for private enterprises do so under conditions similar to those which prevail for free workers, and expressed the hope that the necessary measures would be taken to ensure that prisoners could not, in law as in practice, be put at the disposal of private persons, companies or corporations without their consent. The Committee noted that a circular along these lines would be addressed to the prisons and brought to the attention of prisoners and it requested the Government to communicate a copy of the circular in question.

The Committee notes that the Government's report does not contain information in this connection and hopes that the Government will indicate the action that has been taken and supply copies of any orders that have been issued.

2. Freedom of workers to terminate their employment. In its previous direct requests, the Committee requested the Government to communicate information on national legislation and practice concerning the situation of different categories of persons in the service of the State, particularly in respect of the freedom to leave the service on their own initiative within a reasonable time and it noted the information supplied by the Government concerning career members of the armed forces, administrative prison staff and the national fire service.

(a) Career members of the armed forces. The Committee previously noted the Government's statement in its report received in 1984, that under Act No. 69/1974 respecting standards with relation to the termination of the service of active officers from the army, navy and air force, permission to leave the service may be refused for pressing reasons of service, including the acute shortage of staff, a situation which could be prolonged indefinitely. The Government added that there was a need to check to what extent this permission is actually refused and that the Defence Minister had undertaken to supply statistics on concrete cases which would be communicated as soon as they were available. The Committee noted that by virtue of Act No. 599/54, regarding the status of non-commissioned officers, the acceptance of their resignation may also be delayed for similar reasons and it hoped that the information that the Government proposed to supply would give a clear indication of the number of cases and the extent of the refusal or the delay before accepting resignation.

The Committee notes with interest the information supplied by the Government according to which, during the 1986-88 period, all resignation applications were accepted and that the applications of 51 officers and six non-commissioned officers in the army, 63 officers in the navy and 11 officers in the air force were delayed for a brief period.

The Committee requests the Government to supply information in its future reports on any changes in these practices and to indicate the grounds upon which any decisions to refuse resignation applications have been made.

(b) Administrative prison staff. The Committee noted the Government's statement in its report received in 1984 that the voluntary resignations of staff members of this service are almost always accepted by the administration and that, according to the competent administrative body, refusal of resignation is very rare, always temporary and dictated by the essential requirements of the service. The Committee requested the Government to supply further information on the nature of the requirements considered essential in the service, which may be used to delay acceptance of voluntary resignation, as well as on the length of such delays.

The Committee notes the information supplied by the Government according to which the nature of the requirements considered essential in the service are the unplanned absence of a person in a unit which prevents the operation of the unit, thereby causing serious and irreversible harm to the administration.

With reference to paragraphs 67 to 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee points out that, although the right of a person to resign may be limited in emergency situations, within the meaning of Article 2, paragraph 2(d), of the Convention (that is, in situations that would endanger the existence or the well-being of the whole or part of the population), statutory provisions preventing a worker from terminating his employment by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law and are incompatible with the Convention.

The Committee requests the Government to supply information on the number of cases in which resignation applications have not been accepted and on the length of the delay in accepting these resignations.

(c) National fire service. The Committee noted the information supplied by the Government that section 63 of Act No. 469 of 18 May 1961 provides that non-commissioned officers and men in the ranks, who are permanent members of the National Fire Service, may, whenever they so wish, submit their resignation and that they are obliged to guarantee their service up to the moment when the acceptance of their resignation is communicated to them. The Committee also noted that the third clause of section 63 cited above provides that the acceptance of the resignation may be refused or delayed for pressing reasons of service or while the person concerned is subject to disciplinary action. The Committee requested the Government to supply clarifications regarding the notion of pressing reasons of service.

The Committee notes the information supplied by the Government that the concept of pressing reasons of service refers to exceptional or emergency situations. The Committee requests the Government to indicate the number of cases of refusal or delays in accepting resignations and the length of these delays.

3. The Committee requests the Government to indicate whether Royal Decree No. 773 of 18 June 1931 and Royal Decree of 3 March 1934, which authorise the prefect to issue requisition orders in particularly difficult situations in the event of strikes in the essential services, are still in force. If so, it requests the Government to supply copies of these texts and of any judicial decisions that have set a precedent and defined the scope of the notion of essential services in this connection.

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