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

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

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.