Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 29) sur le travail forcé, 1930 - Italie (Ratification: 1934)

Autre commentaire sur C029

Observation

2023

Demande directe

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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.